HomeMy WebLinkAboutAward Bid & Purchase Agreement - 434 S. Warren St. - Miguel Lopez
ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR MURRAY L. MILLER
1316 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PHONE 574/ 235-9251
FAX 574/ 235-9171
CITY OF SOUTH BEND JAMES MUELLER, MAYOR
BOARD OF PUBLIC WORKS
July 13, 2021
Mr. Miguel Lopez
1708 Anderson Ave.
South Bend, IN 46628
RE: Bid Award – Sale of City-Owned Property – 434 S. Warren St.
Dear Mr. Lopez:
At its July 13, 2021 meeting, the Board of Public Works awarded the above referenced
property to you in the amount of $2,400, for a total amount of $3,453.42, inclusive of the
Associated Fees referenced in the enclosed Purchase Agreement:
Bid Award Amount: $2,400.00
Advertising Fee: $47.42
Transfer Fee: $10.00
Recording Fee: $26.00
County Disclosure Form Fee: $20.00
Property Appraisal Fees: $950.00
Total: $3,443.42
Please remit a certified check payable to the City of South Bend and a signed copy of
the enclosed Purchase Agreement within sixty (60) days of receipt of this letter to:
Anne Fuchs
Department of Public Works
City of South Bend
227 W. Jefferson Blvd. Ste. 1316
South Bend, IN 46601
Once these items have 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,
/s/ Anne Fuchs
Anne Fuchs, Clerk
Enclosures
Santiago Garces, Executive Director
Memorandum
June 28, 2021
TO: Board of Public Works
FROM: Andrew Netter, Department of Community Investment
SUBJECT: Sale of City Property, 434 S. Warren St., South Bend, IN 46619
The Department of Community Investment is asking for the Board of Public Works to award the
bid and sign the purchase agreement for the sale of City property at 434 S. Warren St., South Bend,
IN 46619 with Miguel Lopez, of 1708 Anderson Ave., South Bend, IN 46628.
The Board of Public Works advertised the sale of 434 S. Warren St. on 05/28/2021 and
06/04/2021. Bids were opened at the Board of Public Works regular meeting on 06/08/2021.
Miguel Lopez was the sole bidder for the property with a bid of $2,400.
From:BPW Bids
To:Laura Hensley
Subject:Fw: Property of 434 a Warren st
Date:Tuesday, June 8, 2021 9:55:07 AM
From: Miguel Lopez <mreddylopez@yahoo.com>
Sent: Tuesday, June 8, 2021 8:53 AM
To: BPW Bids <bpwbids@southbendin.gov>
Subject: Property of 434 a Warren st
Hi my name is Miguel lopez
My address is 1708 Anderson Ave
Southbend,In
My emai is mreddylopez@yahoo.com
5743007908
I'm interested purchasing the property off lot 233Summit place2nd add &1/2 vac alley s & adj
Address being 434 a Warrenst south bend,in 46619
I would liketopurchase to expand and grow my garden and fix it up a bit. My bid is $2,400
Sent from Yahoo Mail on Android
1
PURCHASE AGREEMENT
This Purchase Agreement (“Agreement”), entered into this ____ day of July 2021,
by and between the City of South Bend, Indiana (the "City"), by and through its
contracting body, the Board of Public Works (the "Board" and together with the City,
“Seller”) and Miguel Lopez, 1708 Anderson Ave., South Bend, IN 46628, in his
individual capacity. (“Buyer”) (Each a “Party” and together the “Parties”).
WITNESSETH:
WHEREAS, I.C. 36-1-11 (the "Act") establishes the procedure for the sale and rental of
real property owned by the City; and
WHEREAS, the Board is empowered to carry out the provisions of said statute; and
WHEREAS, the Seller owns certain real property located in the City, commonly known
as 434 S. Warren Street, and more particularly described in attached Exhibit A (the
“Property”); and
WHEREAS, pursuant to the Act, Seller requested to advertise the sale of the Property on
May 25, 2021; and
WHEREAS, pursuant to the Act and its advertisement on May 28, 2021 and June 4,
2021, Seller opened bids for the purchase of the Property at a public hearing on June 8,
2021; and
WHEREAS, Buyer was the highest and most responsive bidder; and
WHEREAS, Seller desires to sell the Property to Buyer on the terms stated in this
Agreement.
NOW, 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 OBLIGATION
A copy of this Agreement, signed by Buyer, shall confirm Buyer’s offer to purchase the
Property for the sum of $2,400. A certified check in the aforementioned amount plus the
cost of the Advertising Fee, Transfer fee, Recording fee, County Sales Disclosure
Form fee, and appraisal fees (hereinafter, “Associated Fees”) shall be delivered
to the following representative (“Seller’s Representative”) no later than 60 days
from the date of this Agreement:
13th.
2
Anne Fuchs
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 TWO-
THOUSAND FOUR-HUNDRED DOLLARS ($2,400) (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
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.
6. TITLE AND ABSTRACT COSTS
The Buyer agrees to pay all title and abstract costs involved in said transaction which it
shall desire or request.
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7.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.
8.BUYER’S POST-CLOSING OBLIGATION
Buyer shall comply, and shall ensure the compliance by any third-party using the
Property with Buyer’s permission, with all applicable laws with regard to the use of the
Property.
9.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.
10.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.
11.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.
12.WAIVER
Neither the failure nor any delay on the part of a Party to exercise any right, remedy,
power, or privilege under this Agreement shall operate as a waiver thereof, nor shall nay
single or partial exercise of any right, remedy, power, or privilege preclude any other or
further exercise of the same or of any right, remedy, power, or privilege with respect to
any occurrence be construed as a waiver of any such right, remedy, power, or privilege
with respect to any other occurrence. No waiver shall be effective unless it is in writing
and is signed by the party asserted to have granted such waiver.
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13.SEVERABILITY
If any term or provision of this Agreement is held by a court of competent jurisdiction to
be invalid, void, or unenforceable, the remaining terms and provisions of this Agreement
shall continue in full force and effect unless amended or modified by mutual consent of
the Parties.
14.FURTHER ASSURANCES
The Parties agree that they will each undertake in good faith, as permitted by law, any
action and execute and deliver any document reasonably required to carry out the intents
and purposes of this Agreement.
15.ENTIRE AGREEMENT
This Agreement embodies the entire agreement between Seller and Buyer and supersedes
all prior discussions, understandings, or agreements, whether written or oral, between
Seller and Buyer concerning the transaction contemplated in this Agreement.
16.ASSIGNMENT
Buyer and Seller agree that this Agreement or any of Buyer’s rights hereunder may not
be assigned by Buyer, in whole or in part.
17.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. Further, the President and the Clerk of the Board shall be authorized to
execute a Quit Claim deed in favor of Buyer.
[Signatures on Following Page]
5
IN WITNESS WHEREOF, the Parties hereby execute this Agreement to be effective as
of the Contract Date.
BUYER:
MIGUEL LOPEZ
__________________________
Signature
__________________________
Date
SELLER:
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
_________________________
Elizabeth Maradik, President
__________________________
Jordan Gathers, Member
__________________________
Gary Gilot, Member
__________________________
Murray Miller , Member
__________________________
Joseph Molnar, Member
ATTEST:
___________________________
Anne Fuchs, Clerk
EXHIBIT A
Description of Property
Address: 434 S. Warren St., South Bend, IN 46619
Parcel ID: 018-4018-0636
Legal Description: Lot 233 Summit Place 2nd Add & 1/2 Vac Alley S & Adj
EXHIBIT B
Quit Claim Deed
RETURN TO: AUDITOR’S RECORD
MIGUEL LOPEZ TRANSFER NO.
1708 Anderson Ave TAXING UNIT___________
South Bend, IN 46628 DATE __________________
KEY NO. 018-4018-0636
QUIT CLAIM DEED
THIS INDENTURE WITNESSETH, THAT the Civil City of South Bend, Indiana, by and
through its Board of Public Works (the “Grantor”)
CONVEYS AND QUIT CLAIMS TO MIGUEL LOPEZ, 1708 Anderson Ave., South Bend, IN
46628, an Indiana resident (the “Grantee”) for and in consideration of TWO-THOUSAND
FOUR-HUNDRED DOLLARS ($2,400) and other good and valuable consideration, the receipt
whereof is hereby acknowledged, the following real estate in St. Joseph County, Indiana:
Address: 434 S. Warren St., South Bend, IN 46619
Parcel ID: 018-4018-0636
Legal Description: Lot 233 Summit Place 2nd Add & 1/2 Vac Alley S &
Adj
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 President and Clerk executing this Quit Claim Deed on behalf of the Grantor have each been
fully empowered and authorized to execute this Quit Claim Deed pursuant to a Purchase
Agreement dated July ___, 2021 and that all action necessary to complete this conveyance on
Grantor’s behalf has been duly taken.
Signature Page Follows
The foregoing Quit Claim Deed is dated this _____ day of _________________, 2021.
GRANTOR:
City of South Bend, Indiana,
Board of Public Works
By:____________________________________
Elizabeth Maradik, President
ATTEST:
By: ________________________________________
Anne Fuchs, 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 _______________, 2021, personally appeared Elizabeth Maradik and Anne Fuchs, to me
known to be the President and Clerk, respectively, of the City of South Bend, Indiana, Board of
Public Works, 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. Sandra Kennedy.
Prepared by Sandra Kennedy, Assistant City Attorney, 1200 S. County-City Building, 227 W. Jefferson Blvd., South
Bend, Indiana 46601.
From:Andrew Netter
To:Anne Fuchs
Cc:Clara McDaniels; Laura Hensley; Sandra Kennedy
Subject:Fee Confirmations for Property Bid Awards
Date:Monday, July 12, 2021 11:57:19 AM
All,
The State has increased the fee for filing a Sales Disclosure Form. Please see the following changes
for the notices sent to winning bidders:
Harrison – Alfredo Plata Sosa
Advertising Fee: $49.30
Transfer Fee: $10.00
Recording Fee: $26.00
County Sales Disclosure Form Fee: $10.00 $20.00 (update fee as of 07/01/2021)
Property Bid: $3,000
Total due to City upon return of signed purchase agreement (must be in the form of a certified
check): $3,105.30
Warren – Miguel Lopez
Advertising Fee: $47.42
Transfer Fee: $10.00
Recording Fee: $26.00
County Sales Disclosure Form Fee: $10.00 $20.00 (update fee as of 07/01/2021)
Property Appraisal Fees: $950
Property Bid: $2,400
Total due to City upon return of signed purchase agreement (must be in the form of a certified
check): $ 3,453.42
Please let me know if you have any questions. Thanks,
Andrew
Andrew Netter
Senior Planner / Property Development Analyst | Planning and Community Resources
Department of Community Investment | City of South Bend
574.235.5931 | anetter@southbendin.gov
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 6/28/2021
Name Andrew Netter Department DCI
BPW Date 07/13/2021 Phone Extension 5931
Review and Approval Required Prior to Submittal to Board
Diversity Compliance
and Inclusion Officer Officer Name
BPW Attorney Attorney Name Clara McDaniels
Dept. Attorney Attorney Name Sandra Kennedy
Purchasing
Check the Appropriate Item Type – Required for All Submissions
Professional Services Agreement Contract 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
Other: Approve PA Ease./Encroach
Required Information
Company or Vendor Name
New Vendor Yes If Yes, Approved by Purchasing
No
MBE/WBE Contractor MBE
WBE Completed E-Verify Form Attached Yes
No
Project Name Award Bid and Approve Purchase Agreement 434 S. Warren St.
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description Award Bid and Approve Purchase Agreement 434 S. Warren St. to sole bidde
Miguel Lopez
For Change Orders Only
Amount of Increase
Decrease
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($ )
Previous Amount $
Current Percent of Change:
Increase
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%
( %)
New Amount $
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