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HomeMy WebLinkAboutAward Bid & Purchase Agreement - 442 S. Brookfield St. - Marcia Morocho1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 Ms. Marcia Morocho 441 S. Brookfield St. South Bend, IN 46619 norma0719 ct,aol.com CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS November 23, 2021 RE: Bid Award — Sale of City -Owned Property — 442 S. Brookfield St. Dear Ms. Morocho: PHONE 574/235-9251 FAX 574/ 235-9171 At its November 23, 2021 meeting, the Board of Public Works awarded the above referenced property to you in the amount of $1,310, for a total amount of $1,424.80, inclusive of the Associated Fees referenced in the enclosed Purchase Agreement: Bid Award Amount: $1,310 Advertising Fee: $58.80 Transfer Fee: $10.00 Recording Fee: $26.00 County Disclosure Form Fee: $20.00 Total: $1,424.80 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: Laura Hensley, 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, Is/Laura HenslcylAclm' g Clerk Enclosures ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR MURRAY L. MILLER PURCHASE AGREEMENT This Purchase Agreement ("Agreement"), entered into this 23rd day of November 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, the "Seller") and Marcia Morocho, of 421 S. Jackson St., South Bend, IN 46619, in her 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, Seller owns certain real property located in the City, commonly known as 442 S. Brookfield St., and more particularly described in attached Exhibil A (the "Property"). WHEREAS, pursuant to the Act, Seller requested to advertise the sale of the Property on October 26, 2021. WHEREAS, pursuant to the Act and its advertisement on October 29,2021 and November 5, 2021, Seller opened bids for the purchase of the Property at a public hearing on November 9, 2021. WHEREAS, Buyer, an abutting landowner, was the highest and most responsive bid. 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 $1,310. 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: Laura Hensley Department of Public Works City of South Bend 116 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 ONE - THOUSAND THREE HUNDRED TEN DOLLARS ($1,310) (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 ol' 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. 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. I_NTERPRffAT10Ni 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. 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 Attorney of the Board shall be authorized to execute a Quit Claim deed in favor of Buyer. [Signatures on Following Page] IN WITNESS WHEREOF, the Parties hereby execute this Agreement to be effective as of the Contract Date. BUYER: Marcia Morocho Signature Date SELLER: City of South Bend, Indiana CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS t Elizabeth A. Maradik, President Gary A. Gilot, Member Joseph R. Molnar, Member k' Jordan V. Gathers, Member Muff ay L. Miller, Member Attest: Clerk Date: November 23. 2021 EXHIBIT A Description of Property Address: 442 S. Brookfield St., South Bend, IN 46619 Parcel No. 018-4013-0449 Legal Description: LOT 123 SUMMIT PL 2ND ADD EXHIBIT B Quit Claim Decd RETURN TO: AUDITOR'S RECORD Marcia Morocho TRANSFER NO. 421 S. Jackson St. TAXING UNIT South Bend, IN 46619 DATE KEY NO. 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 Marcia Morocho, of 421 S. Jackson St., South Bend, IN 46619, in her individual capacity (the "Grantee") for and in consideration of ONE THOUSAND THREE HUNDRED TEN DOLLARS ($1,310) and other good and valuable consideration, the receipt whereof is hereby acknowledged, the following real estate in St. Joseph County, Indiana: Address: 442 S. Brookfield St., South Bend, IN 46619 Parcel No. 018-4013-0449 Legal Description: LOT 123 SUMMIT PL 2ND ADD 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 Board Attorney 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 November 23, 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 a1")clay of '_6OVfrvt6e(' 2021. GRANTOR: City of South Bend, Indiana, its Board of Public Works By:F- Elizabeth Maradik, President ATTEST: By: CAL4.2 Clara McDaniels, Board Attorney STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) B3 fore me, the undersigned, a Notary Public for and in said County and State this a, w� day of J11, 2021, personally appeared Elizabeth Maradik and Clara McDaniels, to dft me known to be the President and Board Attorney, 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) A Notary Public Co M CL Idem of_L� e County,LAURA D.Notary PuSt Joseph CountyanaCommission Nu50My Commission Ex029 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, Corporation Counsel, 1200 S. County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601.