HomeMy WebLinkAboutPurchase Agreement - Two (2) Vacant Residential Lots Adjacent to City Retention Basin for Upcoming Park – Dwayne Borkholder
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
August 24, 2021
Mr. Andrew Netter
anetter@southbendin.gov
RE: Purchase Agreement
Dear Mr. Netter:
At its August 24, 2021 meeting, the Board of Public Works approved the above
referenced agreement for the acquisition of two (2) vacant residential lots adjacent to a City
retention basin for an upcoming parks project at Vacant Lot 36th Lot 51 and 3615 E. Washington,
South Bend, IN 46615 in the amount of $16,250.
Please ensure that a final, fully executed copy of the agreement is returned to Laura
Hensley at lhensley@southbendin.gov.
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
AF/lh
1
PURCHASE AGREEMENT
THIS AGREEMENT, entered into this ____ day of ____________, 2021, by and between,
Dwayne Borkholder, a private individual, with an address of 11601 Stanton Rd., Bremen, IN 46506,
hereinafter referred to as the “Seller,” and the City of South Bend, acting by and through its Board of
Public Works (“Board”), a municipal corporation of the State of Indiana, hereinafter referred to as
the “City.”
WITNESSETH:
WHEREAS, IC 32-24-1 establishes the procedures for the acquisition of property for certain
public purposes by the City; and
WHEREAS, the Board is empowered to carry out the provisions of said statute; and
WHEREAS, the City has determined that the acquisition of 3612 E. Washington St., South
Bend, IN 46615 and Vac. Lot 36th Lot 51, South Bend, IN 46615 (“Property”) is in the best interest
of the City to incorporate these properties with the City’s adjacent retention basin and for future
projects; and
WHEREAS, consistent with the statutory requirements of IC 32-24-1, the Board conducted
two (2) appraisals of the Property and submitted an offer equal to the average of those appraisals in
the amount of Sixteen Thousand Two Hundred and Fifty Dollars ($16,250.00); and
WHEREAS, the Seller accepted the City’s offer; and
NOW, THEREFORE, it is agreed by and between the parties hereto, and for and in
consideration of the promises and the mutual covenants herein contained, as follows:
1. The City agrees to buy the Property located in St. Joseph County, Indiana:
Parcel Number: 71-09-08-279-002.000-026
Tax ID: 018-5062-2158
Legal Description: LOT 51 & EAST 1/2 VAC ST BELMONT ADD
Commonly Known As: VAC LOT 36TH LOT 51, SOUTH BEND, IN 46615
Parcel Number: 71-09-08-279-001.000-026
Tax ID: 018-5062-2156
Legal Description: LOT 52 & EAST 1/2 VAC ST BELMONT ADD
Commonly Known As: 3612 E. WASHINGTON ST., SOUTH BEND, IN 46615
for the sum of $16,250.00 (“purchase price”).
24th. August
2
2.The City agrees to pay the purchase price to Seller and to pay all closing and title
commitment costs at the time of closing, which shall occur no later than sixty (60) days from the
date of this Agreement.
3.Seller agrees to remove any and all liens which may exist on the Property at or prior
to closing, including prorated real estate taxes up to the date of closing.
5.Seller agrees to leave the Property in secure and stable condition.
6.The undersigned parties each hereby represent and warrant that they have been duly
authorized to enter into this Agreement on behalf of the respective organization for which they sign.
DWAYNE BORKHOLDER, SELLER
Dwayne Borkholder
________________________________
Date
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 8/17/2021
Name Andrew Netter Department DCI
BPW Date 08/24/2021 Phone Extension 5931
Review and Approval Required Prior to Submittal to Board Diversity Compliance
and Inclusion Officer Officer Name BPW Attorney Attorney Name
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: Purchase Agreement Ease./Encroach
Required Information
Company or Vendor Name Dwayne Borkholder
New Vendor Yes If Yes, Approved by Purchasing
No
MBE/WBE Contractor MBE
WBE Completed E-Verify Form Attached Yes
No
Project Name Purchase Agreement for 3615 E. Washington and Vac Lot 36th Lot 51
Project Number
Funding Source
Account No.
Amount 16,250
Terms of Contract
Purpose/Description Request to approve purchase agreement for acquisition of two vacant
residential lots adjacent to a City retention basin for incorporation of property
in upcoming parks project.
For Change Orders Only
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