HomeMy WebLinkAboutPurchase Agreement - Vacant Resident Lot Adjacent to City Retention Basin at 36th Lot 38, South Bend – Eleanor E. Filipek
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 the vacant resident lot adjacent to a City retention
basin at Vacant Lot 36th Lot 38, South Bend, IN 46615 in the amount of $8,250.
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
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PURCHASE AGREEMENT
THIS AGREEMENT, entered into this ____ day of ____________, 2021, by and between,
Eleanor E. Filipek, Trustee of the Eleanor E. Filipek Living Trust as established on July 31, 2006
“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 Vac Lot 36th Lot 38, South Bend,
IN 46615 (“Property”) is in the best interest of the City to incorporate this property 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 Eight Thousand Two Hundred and Fifty Dollars ($8,250.00); 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: 71-09-08-279-005.000-026
Tax ID: 018-5062-2184
Legal Description: LOT 38 BELMONT ADD
Commonly Known As: VAC LOT 36TH LOT 38, SOUTH BEND, IN 46615
for the sum of $8,250.00 (“purchase price”).
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.
24th. August
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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.
ELEANOR E. FILIPEK, TRUSTEE OF
THE ELEANOR E. FILIPEK LIVING
TRUST
Signature
________________________________
Print
________________________________
Title
______________________________
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 Eleanor E. Filipek, Trustee of the Eleanor E. Filipek Living Trust
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 Vac Lot 38 on 36th St.
Project Number
Funding Source
Account No.
Amount 8,250
Terms of Contract
Purpose/Description Request to approve purchase agreement for acquisition of a vacant residential
lot adjacent to a City retention basin.
For Change Orders Only
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