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HomeMy WebLinkAboutAmendment No 1 to Purchase Agreement - Clarifies Legal Description 300 E. Monroe St. – WSJM INC.  ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS 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 23, 2022 Mr. Bill Gamble WSJM INC. PO Box 960 South Bend, IN 46624 bgamble@midwestfamilysouthbend.com RE: Amendment No. 1 to Purchase Agreement Dear Mr. Gamble: At its August 23, 2022 meeting, the Board of Public Works approved the above referenced amendment which clarifies the legal description to the purchase agreement for 300 E. Block of Monroe St. in the amount of $34,000. Enclosed please find a copy of the amendment for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh Mid-West Family South Bend- WNSN-FM, WSBT-AM, WQLQ-FM, WQLQ-HD3, WZOC-FM and DASH PO Box 960 South Bend, IN 46624 USA City of South Bend Purchase Order PO-0018376PO number: Date: Vendor account: Project number: 8/12/2022 V-00008449 Vendor:Community Investment 227 West Jefferson Blvd, Suite 1400 S South Bend, IN 46601 USA Ship to: Notice and Instructions to Vendor: 1. This Purchase Order is governed by the City of South Bend Standard Purchasing Terms and Conditions, which are set forth at http://www.southbendin.gov/potc and incorporated herein by reference. 2. The City's Indiana sales tax exemption number is 0003122131-001. 3. The City's federal identification number is 35-6001201. 4. All payment and performance obligations of the City are subject to the appropriation and availability of funds. 5. If a cash discount is available, please indicate the applicable discount terms on each invoice. 6. All shipments must include an itemized packing slip detailing the items shipped. 7. The PO number stated above must appear on all invoices, claims, packages, packing slips, and correspondence. PO version:1 Line number Quantity Unit Description Unit price Amount 1 34,000.00 EA PA 9 properties Monroe & Carol appraise 1.00 34,000.00 Charges:$0.00 Total in USD:$34,000.00 Michael Schmidt, Director of Purchasing Phone: (574) 235-9977 Email: mschmidt@southbendin.gov 1 FIRST AMENDMENT TO PURCHASE AGREEMENT This First Amendment to Purchase Agreement (“First Amendment”) is made effective as of August 23, 2022 (the “Effective Date”), by and between, WSJM INC, an Indiana corporation with an address of P.O. Box 960, South Bend, IN 46624, 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.” Recitals A.The Parties entered into a Purchase Agreement, dated June 21, 2022 (the “REPA”), in which the Seller agreed to sell and the Board agreed to purchase and develop certain real property located at 316 Monroe Street, 502 Carroll Street, 510 Carroll Street, 512 Carroll Street, 514 Carroll Street, 516 Carroll Street, and 524 Carroll Street, South Bend IN 46601 (“Property”) B.The Parties now desire to modify certain portions of the REPA. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and promises contained in this First Amendment and the REPA and for other good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows: 1.Section 1 of the REPA shall be deleted in its entirety and replaced with the following: The City agrees to buy the Property located in St. Joseph County, Indiana, as set forth more particularly below, for the sum of $29,000.00 (“Purchase Price”): Parcel Number: 71-08-12-329-004.000-026 Tax ID: 018-3027-0974 Legal Description: A LOT OR PARCEL OF LAND 63 FEET IN LENGTH, NORTH AND SOUTH, TAKEN OFF OF AND FROM THE ENTIRE WIDTH OF THE NORTH END OF LOT NUMBERED SEVEN (7) AS SHOWN ON THE RECORDED PLAT OF GEORGE R. HUDSON'S SUBDIVISION OF A PART OF LOTS NUMBERED 19 AND 20 IN DENNISTON AND FELLOW'S ADDITION TO THE TOWN, NOW CITY OF SOUTH BEND, INDIANA. Commonly Known As: 316 E MONROE SOUTH BEND IN 46601 Parcel Number: 71-08-12-329-001.000-026 Tax ID: 018-3027-0968 Legal Description: A PART OF LOT NUMBERED NINETEEN (19) AS SHOWN ON THE RECORDED PLAT OF DENNISTON AND FELLOW'S ADDITION TO THE TOWN, NOW CITY OF SOUTH BEND, DESCRIBED AS BEGINNING AT THE NORTHWEST 2 CORNER OF SAID LOT NUMBERED 19; THENCE SOUTH 63 FEET; THENCE EAST 66 FEET; THENCE NORTH 63 FEET; THENCE WEST 66 FEET TO THE PLACE OF BEGINNING, IN ST. JOSEPH COUNTY, INDIANA. Commonly Known As: 502 CARROLL SOUTH BEND IN 46601 Parcel Number: 71-08-12-329-002.000-026 Tax ID: 018-3027-0969 Legal Description: A PARCEL OF LAND 33 FEET WIDE FRONTING ON CARROLL STREET 116 FEET DEEP BOUNDED BY A LINE RUNNING AS FOLLOWS: BEGINNING AT A POINT 36 FEET NORTH OF THE SOUTHWEST CORNER OF LOT NUMBERED NINETEEN (19) AS SHOWN ON THE RECORDED PLAT OF DENNISTON AND FELLOW'S ADDITION TO THE TOWN, NOW CITY OF SOUTH BEND; THENCE RUNNING DUE EAST 116 FEET TO AN ALLEY EXTENDING ALONG THE EAST SIDE OF LOT NUMBERED 7 AS SHOWN ON THE PLAT OF GEORGE R. HUDSON'S SUBDIVISION OF SAID LOT 19; THENCE DUE NORTH 33 FEET ON THE EAST LINE OF SAID LOT 7; THENCE WEST 116 FEET TO THE EAST LINE OF SOUTH CARROLL STREET; THENCE SOUTH ON THE EAST LINE OF SOUTH CARROLL STREET, 33 FEET TO THE PLACE OF BEGINNING, IN ST. JOSEPH COUNTY, INDIANA. Commonly Known As: 510 CARROLL SOUTH BEND IN 46601 Parcel Number: 71-08-12-329-003.000-026 Tax ID: 018-3027-0970 Legal Description: A LOT OR PARCEL OF LAND BOUNDED BY A LINE RUNNING AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT NUMBERED NINETEEN (19) AS SHOWN ON THE RECORDED PLAT OF DENNISTON AND FELLOW'S ADDITION TO THE TOWN, NOW CITY OF SOUTH BEND; THENCE EAST PARALLEL WITH THE SOUTH LINE OF MONROE STREET, A DISTANCE OF 116 FEET TO THE SOUTHEAST CORNER OF LOT NUMBERED 7 IN GEORGE R. HUDSON'S SUBDIVISION OF SAID LOT NUMBERED 19; THENCE NORTH PARALLEL WITH THE EAST LINE OF CARROLL STREET 36 FEET; THENCE WEST 116 FEET TO A POINT 36 FEET NORTH OF THE SOUTHWEST CORNER OF SAID LOT NUMBERED 19; THENCE SOUTH ON THE EAST LINE OF CARROLL STREET 36 FEET TO THE PLACE OF BEGINNING IN ST. JOSEPH COUNTY, INDIANA. Commonly Known As: 512 CARROLL SOUTH BEND IN 46601 Parcel Numbers: 3 71-08-12-329-006.000-026 71-08-12-329-007.000-026 71-08-12-329-008.000-026 Tax IDs: 018-3027-0971 018-3027-0972 018-3027-0973 Legal Description: THE WEST 132 FEET OF LOT NUMBERED TWENTY (20) AS SHOWN ON THE RECORDED PLAT OF DENNISTON AND FELLOW’S ADDITION TO THE TOWN, NOW CITY OF SOUTH BEND, IN ST. JOSEPH COUNTY, INDIANA. Commonly Known As: 514 CARROLL SOUTH BEND IN 46601 516 CARROLL SOUTH BEND IN 46601 524 CARROLL SOUTH BEND IN 46601 2.Section 2 of the REPA shall be deleted in its entirety and replaced with the following: The City and the Seller acknowledge and agree that the vacated 10- foot wide alley lying adjacent to Lot 7 in George R. Hudson’s Subdivision is being retained by the Seller and not being sold. Seller grants and conveys perpetual, non-exclusive, mutual cross access easements for purposes of vehicular and pedestrian ingress and egress on, over, upon, and across the vacated 10-foot wide alley adjacent to Lot 7 in George R. Hudson’s Subdivision. 3. Section 3 of the REPA shall be deleted in its entirety and replaced with the following: 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 the First Amendment. 4.The Warranty Deed attached hereto as Exhibit A (the “Revised Deed”) shall replace the Warranty Deed attached to the REPA, and shall be used at Closing. 5.Unless expressly modified by this First Amendment, the terms and provisions of the REPA remain in full force and effect. 6.Capitalized terms used in this First Amendment will have the meanings set forth in the REPA unless otherwise stated herein. 4 IN WITNESS WHEREOF, the Parties hereby execute this Agreement to be effective as of the _______ day of ___________________ 2022. WSJM INC, SELLER Signature: Name: Title: Date: William W Gamble General Manager 08/09/2022August 23, 2022 23rd. August EXHIBIT A Revised Deed AUDITOR’S RECORD TRANSFER NO.__________ TAXING UNIT___________ DATE __________________ KEY NOS. 018-3027-0974 018-3027-0968 018-3027-0969 018-3027-0970 018-3027-0971 018-3027-0972 018-3027-0973 WARRANTY DEED THIS INDENTURE WITNESSETH, that WSJM INC, an Indiana corporation with an address of P.O. Box 960, South Bend, IN 46624 (the “Grantor”) CONVEYS AND WARRANTS to the City of South Bend, acting by and through its Board of Public Works, with an address at 227 W. Jefferson South Bend IN 46601 Suite 1300 (the “Grantee”), for and in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the real estate located in St. Joseph County, Indiana and more particularly described on Exhibit A (the “Property”). The Grantor hereby conveys the Property to the Grantee free and clear of all leases or licenses; subject to real property taxes and assessments; subject to all easements, covenants, conditions, restrictions, and other matters of record; subject to rights of way for roads and such matters as would be disclosed by an accurate survey and inspection of the Property. Each of the undersigned persons executing this deed on behalf of the Grantor represents and certifies that s/he is a duly authorized representative of the Grantor and has been fully empowered, by proper action of the governing body of the Grantor, to execute and deliver this deed, that the Grantor has full corporate capacity to convey the real estate described herein, and that all necessary action for the making of such conveyance has been taken and done. GRANTOR: WSJM, INC ______________________________ Bill Gamble, General Manager STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared Bill Gamble, known to me to be the General Manager, of WSJM, INC and acknowledged the execution of the foregoing Special Warranty Deed. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the _____ day of __________________, 2022. ____________________________________ Notary Public Resident of St. Joseph County, Indiana Commission expires: 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. Danielle Campbell Weiss. This instrument was prepared by Danielle Campbell Weiss, Assistant City Attorney, County-City Building, 227 W Jefferson Blvd., Ste. 1200S, South Bend, IN 46601. EXHIBIT A Description of Property Parcel Number: 71-08-12-329-004.000-026 Tax ID: 018-3027-0974 Legal Description: A LOT OR PARCEL OF LAND 63 FEET IN LENGTH, NORTH AND SOUTH, TAKEN OFF OF AND FROM THE ENTIRE WIDTH OF THE NORTH END OF LOT NUMBERED SEVEN (7) AS SHOWN ON THE RECORDED PLAT OF GEORGE R. HUDSON'S SUBDIVISION OF A PART OF LOTS NUMBERED 19 AND 20 IN DENNISTON AND FELLOW'S ADDITION TO THE TOWN, NOW CITY OF SOUTH BEND, INDIANA. Commonly Known As: 316 E MONROE SOUTH BEND IN 46601 Parcel Number: 71-08-12-329-001.000-026 Tax ID: 018-3027-0968 Legal Description: A PART OF LOT NUMBERED NINETEEN (19) AS SHOWN ON THE RECORDED PLAT OF DENNISTON AND FELLOW'S ADDITION TO THE TOWN, NOW CITY OF SOUTH BEND, DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF SAID LOT NUMBERED 19; THENCE SOUTH 63 FEET; THENCE EAST 66 FEET; THENCE NORTH 63 FEET; THENCE WEST 66 FEET TO THE PLACE OF BEGINNING, IN ST. JOSEPH COUNTY, INDIANA. Commonly Known As: 502 CARROLL SOUTH BEND IN 46601 Parcel Number: 71-08-12-329-002.000-026 Tax ID: 018-3027-0969 Legal Description: A PARCEL OF LAND 33 FEET WIDE FRONTING ON CARROLL STREET 116 FEET DEEP BOUNDED BY A LINE RUNNING AS FOLLOWS: BEGINNING AT A POINT 36 FEET NORTH OF THE SOUTHWEST CORNER OF LOT NUMBERED NINETEEN (19) AS SHOWN ON THE RECORDED PLAT OF DENNISTON AND FELLOW'S ADDITION TO THE TOWN, NOW CITY OF SOUTH BEND; THENCE RUNNING DUE EAST 116 FEET TO AN ALLEY EXTENDING ALONG THE EAST SIDE OF LOT NUMBERED 7 AS SHOWN ON THE PLAT OF GEORGE R. HUDSON'S SUBDIVISION OF SAID LOT 19; THENCE DUE NORTH 33 FEET ON THE EAST LINE OF SAID LOT 7; THENCE WEST 116 FEET TO THE EAST LINE OF SOUTH CARROLL STREET; THENCE SOUTH ON THE EAST LINE OF SOUTH CARROLL STREET, 33 FEET TO THE PLACE OF BEGINNING, IN ST. JOSEPH COUNTY, INDIANA. Commonly Known As: 510 CARROLL SOUTH BEND IN 46601 Parcel Number: 71-08-12-329-003.000-026 Tax ID: 018-3027-0970 Legal Description: A LOT OR PARCEL OF LAND BOUNDED BY A LINE RUNNING AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT NUMBERED NINETEEN (19) AS SHOWN ON THE RECORDED PLAT OF DENNISTON AND FELLOW'S ADDITION TO THE TOWN, NOW CITY OF SOUTH BEND; THENCE EAST PARALLEL WITH THE SOUTH LINE OF MONROE STREET, A DISTANCE OF 116 FEET TO THE SOUTHEAST CORNER OF LOT NUMBERED 7 IN GEORGE R. HUDSON'S SUBDIVISION OF SAID LOT NUMBERED 19; THENCE NORTH PARALLEL WITH THE EAST LINE OF CARROLL STREET 36 FEET; THENCE WEST 116 FEET TO A POINT 36 FEET NORTH OF THE SOUTHWEST CORNER OF SAID LOT NUMBERED 19; THENCE SOUTH ON THE EAST LINE OF CARROLL STREET 36 FEET TO THE PLACE OF BEGINNING IN ST. JOSEPH COUNTY, INDIANA. Commonly Known As: 512 CARROLL SOUTH BEND IN 46601 Parcel Numbers: 71-08-12-329-006.000-026 71-08-12-329-007.000-026 71-08-12-329-008.000-026 Tax IDs: 018-3027-0971 018-3027-0972 018-3027-0973 Legal Description: THE WEST 132 FEET OF LOT NUMBERED TWENTY (20) AS SHOWN ON THE RECORDED PLAT OF DENNISTON AND FELLOW’S ADDITION TO THE TOWN, NOW CITY OF SOUTH BEND, IN ST. JOSEPH COUNTY, INDIANA. Commonly Known As: 514 CARROLL SOUTH BEND IN 46601 516 CARROLL SOUTH BEND IN 46601 524 CARROLL SOUTH BEND IN 46601 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 08/15/2022 Name Joseph Molnar Department DCI BPW Date 08/23/2022 Phone Extension 6022 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: Purchase Agreement Amendment Ease./Encroach Required Information Company or Vendor Name Redevelopment Commission of South Bend New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Purchase 300 E Block of Monroe Project Number Funding Source Acquisition Funds Account No. Amount $34,000 Terms of Contract Purpose/Description This 1st Amendment to a purchase agreement for the 300 E Block of Monroe. The Amendment clarifies legal descriptions for the lots and establishes an access agreement for the vacated alley. For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: