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1 <br />REAL PROPERTY TRANSFER AGREEMENT <br />This Real Property Transfer Agreement is entered into as of June 27, 2023 (the “Effective <br />Date”), by and between the City of South Bend, acting by and through its Board of Public Works, <br />of 1300 N. County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601 (the “City”) <br />and Habitat for Humanity of St. Joseph County, Inc., an Indiana non-profit corporation, with its <br />registered address being 402 E. South Street, South Bend, Indiana 46601 (the “Organization”) <br />(each a “Party,” and together the “Parties”). <br />RECITALS <br />A.The City is a municipal corporation existing and operating pursuant to the laws of <br />the State of Indiana. <br />B.The Organization is an Indiana non-profit corporation organized exclusively to <br />conduct, support, encourage, and assist such charitable, educational, and other programs and <br />projects as are described both in Section 170(c)(2)(B) and 501(c)(3) of the Internal Revenue Code <br />and is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code. <br />C.The City owns certain real property described in attached Exhibit A (the <br />“Property”). <br />D.The Organization desires to acquire ownership of the Property from the City for the <br />development of affordable infill housing. <br />E.Pursuant to I.C. 36-1-11-1(b)(7), a sale or lease of property by the City to an Indiana <br />non-profit corporation organized for educational, literary, scientific, religious, or charitable <br />purposes that is exempt from federal income taxation under Section 501 of the Internal Revenue <br />Code is not subject to the disposition requirements of I.C. 36-1-11. <br />F.The City, acting by and through the Board of Public Works, has determined that <br />conveying the Property to the Organization under the terms of this Agreement is in the best <br />interests of the residents of the City. <br />NOW, THEREFORE, in consideration of the mutual covenants stated herein, and other <br />good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, <br />the City and the Organization agree as follows: <br />1.Qualifications of Organization. The Organization represents and warrants that (a) <br />it is a non-profit corporation organized under the laws of the State of Indiana; (b) the <br />Organization’s articles of incorporation dated August 22, 2001 (the “Articles”), attached hereto as <br />Exhibit B, have not been superseded or amended and currently remain in full force and effect; and <br />- COPY -