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HomeMy WebLinkAbout5D1 Certificates of Completion (Old Fort Building Supply) Redevelopment Commission Agenda Item DATE: 4/24/23 FROM: Erik Glavich, Director, Growth & Opportunity SUBJECT: Certificates of Completion (Old Fort) Which TIF? (circle one) River West; River East; South Side; Douglas Road; West Washington PURPOSE OF REQUEST: Certificates of Completion for Real Estate Purchase Agreements with Old Fort Building Supply of South Bend Inc. (Old Fort) for properties north of W. Broadway St. between S. Lafayette Blvd. and S. Main St. in South Bend. SPECIFICS: The Commission will consider two Certificates of Completion for Real Estate Purchase Agreements approved in 1996 and 2002, respectively. On Feb 2, 1996, the Commission entered into a Real Estate Purchase Agreement (Agreement #1) with Old Fort Building Supply of South Bend Inc. (Old Fort), for the property located at 1321 S. Main St. (Parcel ID 018-8004-0188), 1323 S. Main St. (Parcel ID 018-8004-0190), and 207 W. Broadway St. (Parcel ID 018-8004-0189) for the price of $18,5000. On October 18, 2002, the Commission entered into a Real Estate Purchase Agreement (Agreement #2) with Old Fort for the property located at the northeast corner of S. Lafayette Blvd. and W. Broadway St. (Parcel ID 018-8004-0166) for the price of $100. Per Section IV of Agreement #1, Old Fort agreed to demolish a dilapidated building on the site and construct a parking lot. Per Section IV of Agreement #2, Old Fort agreed to develop the lot for the outside storage of masonry materials. Old Fort has met their obligations and now requests Certificates of Completion. The Certificates will be recorded, acknowledging the Commission no longer has a reversionary interest in the properties. Staff recommends approval of the Certificates. INTERNAL USE ONLY: Project Code: _______________________________________________; Total Amount new/change (inc/dec) in budget: _______________; Break down: Costs: Engineering Amt: ______________________; Other Prof Serv Amt_________________; Acquisition of Land/Bldg (circle one) Amt: ___________; Street Const Amt ________________; Building Imp Amt_________; Sewers Amt_________; Other (specify) Amt: ________________ ___________________________________________. Going to BPW for Contracting? Y/N Is this item ready to encumber now? ____ Existing PO#__________ Inc/Dec $_____________ _________________________Pres/V-Pres ATTEST: __________________Secretary Date: ____________________ Approved Not Approved SOUTH BEND REDEVELOPMENT COMMISSION CROSS REFERENCE: Document No. , recorded CERTIFICATE OF COMPLETION This Certificate of Completion (this “Certificate”) is issued on April 27, 2023, by the City of South Bend, Indiana, Department of Redevelopment, acting by and through the South Bend Redevelopment Commission (the “Commission”), pursuant to the Real Estate Purchase Agreement by and between the Commission and Old Fort Building Supply of South Bend Inc. (the “Buyer”), dated February 2, 1996 (the “Agreement”). The Commission states as follows: 1. Pursuant to the Agreement, the Commission conveyed to the Buyer the real property described in attached Exhibit A (the “Property”) by the special warranty deed recorded on April 11, 1996, as Document No. 9613326 in the Office of the Recorder of St. Joseph County, Indiana (the “Deed”). 2. Section IV of the Agreement established certain obligations (the "Development Obligations") of the Buyer following its acceptance of the Deed from the Commission. The Commission hereby acknowledges and affirms that the Buyer has performed all of its Development Obligations as required under the Agreement and has provided satisfactory evidence of the same. 3. This Certificate will serve as a conclusive determination of the Buyer’s satisfaction of the Development Obligations and, upon recordation, will constitute a full release of the Commission’s reversionary interest in the Property established under the Deed and Section IV of the Agreement. 4. This Certificate does not amend or otherwise alter the Agreement, and this Certificate shall be binding upon the Commission and its successors and assigns and shall inure to the benefit of the Buyer and its successors in interest. [Signature page follows.] SOUTH BEND REDEVELOPMENT COMMISSION ______________________________ Marcia Jones, President ATTEST: ______________________________ Vivian Sallie, Secretary STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared Marcia Jones and Vivian Sallie, known to me to be the President and Secretary, respectively, of the South Bend Redevelopment Commission and acknowledged the execution of the foregoing Certificate of Completion. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the _________ day of _____________________. My Commission Expires: ____________________________________ Notary Public _______________________ Residing in St. Joseph County, Indiana I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this do cument, unless required by law. Danielle Campbell Weiss This instrument was prepared by Danielle Campbell Weiss, 1200 S. County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601. EXHIBIT A Description of Property Parcel Key Number: 018-8004-0188 Commonly known as: 1321 S MAIN Legal Description: N 1/2 LOT 11 SAMUEL C STULL 1ST ADD Parcel Key Number: 018-8004-0189 Commonly known as: 207 BROADWAY Legal Description: 45' W END S 1/2 LOT 11 SAMUEL C STULL 1ST ADD Parcel Key Number: 018-8004-0190 Commonly known as: 1323 MAIN Legal Description: S 1/2 EX 45 FT W END LOT 11 SAMUEL C STULL 1ST ADD CROSS REFERENCE: Document No. , recorded CERTIFICATE OF COMPLETION This Certificate of Completion (this “Certificate”) is issued on April 27, 2023, by the City of South Bend, Indiana, Department of Redevelopment, acting by and through the South Bend Redevelopment Commission (the “Commission”), pursuant to the Real Estate Purchase Agreement by and between the Commission and Old Fort Building Supply of South Bend Inc. (the “Buyer”), dated October 18, 2002 (the “Agreement”). The Commission states as follows: 1. Pursuant to the Agreement, the Commission conveyed to the Buyer the real property described in attached Exhibit A (the “Property”) by the special warranty deed recorded on October 22, 2002, as Document No. 0256841 in the Office of the Recorder of St. Joseph County, Indiana (the “Deed”). 2. Section IV of the Agreement established certain obligations (the "Development Obligations") of the Buyer following its acceptance of the Deed from the Commission. The Commission hereby acknowledges and affirms that the Buyer has performed all of its Development Obligations as required under the Agreement and has provided satisfactory evidence of the same. 3. This Certificate will serve as a conclusive determination of the Buyer’s satisfaction of the Development Obligations and, upon recordation, will constitute a full release of the Commission’s reversionary interest in the Property established under the Deed and Section IV of the Agreement. 4. This Certificate does not amend or otherwise alter the Agreement, and this Certificate shall be binding upon the Commission and its successors and assigns and shall inure to the benefit of the Buyer and its successors in interest. [Signature page follows.] SOUTH BEND REDEVELOPMENT COMMISSION ______________________________ Marcia Jones, President ATTEST: ______________________________ Vivian Sallie, Secretary STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public, in and for said County and State, personally appeared Marcia Jones and Vivian Sallie, known to me to be the President and Secretary, respectively, of the South Bend Redevelopment Commission and acknowledged the execution of the foregoing Certificate of Completion. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the _________ day of _____________________. My Commission Expires: ____________________________________ Notary Public _______________________ Residing in St. Joseph County, Indiana I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this do cument, unless required by law. Danielle Campbell Weiss. This instrument was prepared by Danielle Campbell Weiss, 1200 S. County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601. EXHIBIT A Description of Property Parcel Key Number: 018-8004-0166 Commonly known as: LAFAYETTE Legal Description: Lots 12 Thru 15, Vac Alley & S 22 Ft Lot 16 Stulls 1st