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HomeMy WebLinkAboutTransfer Agreement - 220, 222, 402 Dubail – 466 Works Community Development1316 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 June 27, 2023 Ms. Cheryl Barker 466 Works Community Development Corporation 2043 South Bend, Ave., PMB 352 South Bend, IN 46637 c-barker&sbc global. net RE: Real Property Transfer Agreement Dear Ms. Barker: At its June 27, 2023 meeting, the Board of Public Works approved the above referenced agreement for the transfer of property at 220, 222, 402 Dubail to Develop Affordable Housing. Enclosed please find a copy of the agreement 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 ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER REAL PROPERTY TRANSFER AGREEMENT This Real Property Transfer Agreement is entered into as of June 27, 2023 (the "Effective Date"), by and between the City of South Bend, acting by and through its Board of Public Works, of 1300 N. County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601 (the "City") and 466 Works Community Development Corporation, an Indiana non-profit corporation, with its registered address being 2043 South Bend Avenue, PMB 352, South Bend, IN 46637 (the "Organization") (each a "Party," and together the "Parties"). RECITALS A. The City is a municipal corporation existing and operating pursuant to the laws of the State of Indiana. B. The Organization is an Indiana non-profit corporation organized exclusively to conduct, support, encourage, and assist such charitable and other programs and projects as are described both in Section 170(c)(2)(B) and 501(c)(3) of the Internal Revenue Code and is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code. C. The City and the Organization have entered into an Agreement for Programs and Services, dated December 20, 2018, as amended by the First Addendum to Agreement for Programs and Services, dated May 14, 2019, as amended by the Second Addendum to Agreement for Programs and Services, dated November 26, 2019 (together, the "Services Agreement"). D. The City owns the certain real property described in attached Exhibit A (the "Property"). E. In accordance with the terms of the Services Agreement, the Organization desires to acquire ownership of the Property from the City. F. Pursuant to I.C. 36-1-11-1(b)(7), a sale or lease of property by the City to an Indiana non-profit corporation organized for educational, literary, scientific, religious, or charitable purposes that is exempt from federal income taxation under Section 501 of the Internal Revenue Code is not subject to the disposition requirements of I.C. 36-1-11. G. The City, acting by and through the Board of Public Works, has determined that conveying the Property to the Organization under the terms of this Agreement and in accordance with the Services Agreement is in the best interests of the residents of the City. NOW, THEREFORE, in consideration of the mutual covenants stated herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Organization agree as follows: - COPY - 1. Qualifications of Organization. The Organization represents and warrants that (a) it is a non-profit corporation organized under the laws of the State of Indiana; (b) the Organization's articles of incorporation dated February 12, 2014, as amended on August 22, 2016 (the "Articles"), attached hereto as Exhibit B, have not been superseded or further amended and currently remain in full force and effect; and (c) the Organization is currently exempt from federal income taxation as stated in the Internal Revenue Service letter dated November 3, 2014, attached hereto as Exhibit C. 2. Transfer of Property. The City desires to convey the Property to the Organization for and in consideration of One Dollar ($1.00), and the Organization desires to accept the Property, and any and all improvements located on the Property, subject to the terms and conditions of this Agreement. 3. Use of Property. The Organization agrees to use the Property only for purposes consistent with and permissible under its Articles and Section 501(c)(3) of the Internal Revenue Code and for no other purpose. 4. Closing. The City will convey title to the Property to the Organization by quit claim deed in substantially the form attached hereto as Exhibit D, on or before June 30, 2023 (the "Closing"). The Board of Public Works (the "Board") hereby authorizes and instructs Elizabeth Maradik, President of the Board and Theresa Heffiier, Clerk of the Board to execute and deliver the deed to the Organization. At the Organization's option, the City will record the deed at the City's expense, and the Board authorizes and instructs Joseph Molnar of the City's Department of Community Investment to do so. 5. No Warranties. The Organization agrees to accept the Property in its condition on the Closing Date "as -is, where -is" and without any representations or warranties by the City concerning title to or the condition of the Property. The City offers no such representation or warranty as to title or condition, and nothing in this Agreement will be construed to constitute such a representation or warranty as to title or condition. The Organization may, at its sole cost and expense, obtain an owner's policy of title insurance or a survey prior to the transfer of such Property. 6. Taxes. The Organization, and the Organization's successors and assigns, will be liable for any and all real property taxes and assessments, if any, assessed and levied against the Property with respect to the year in which the Closing takes place and for all subsequent years. The City will have no liability for any real property taxes and assessments associated with the Property, and nothing in this Agreement shall be construed to require the proration or other apportionment of real property taxes or assessments resulting in the City's liability therefor. 7. Entire Agreement; Severability. This Agreement embodies the entire agreement between the Parties and supersedes all prior discussions, understandings, or agreements between the Parties concerning the transaction contemplated in this Agreement, whether written or oral. If 2 any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this Agreement will remain in full force and effect and will in no way be affected, impaired, or invalidated. 8. Assignment. The Organization may not assign this Agreement or any of its rights hereunder, in whole or in part, without the prior written consent of the City. In the event the Organization wishes to obtain the City's consent regarding a proposed assignment of this Agreement, the City may request and the Organization will provide any and all information reasonably demanded by the City in connection with the proposed assignment and/or the proposed assignee. 9. Governing Law; Venue. This Agreement will be governed by and construed in accordance with the laws of the State of Indiana. Venue for any action concerning this Agreement will be in the courts of St. Joseph County, Indiana. 10. Recitals and Exhibits. The above recitals and the attached exhibits are hereby incorporated into this Agreement. 11. Authority; Counterparts. Each undersigned person signing and delivering this Agreement on behalf of the Parties, respectively, represents and warrants that he or she is duly authorized and fully empowered to sign and deliver this Agreement. The Parties may execute this Agreement in separate counterparts, which taken together will constitute one original document. An electronically transmitted copy of a signature will be regarded as an original signature. [Signature page follows.] 3 IN WUNESS W1 [€'REoF, the City and the Ol �ani-r-atiGn have Sidra this Real Fropcm Tracer Agraerraenf tO be of Z!C('ve as Of the F irrdive Lute. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS laag Elizabeth A. Maradik, President '%a-0 a� Gary A. Gilot, Member Murray L. Miller, Member Joseph R. Molnar, Vice President Jordan///V. Gathers, Member 414 Attest: Theresa M. Heffner, Clerk Date: June 27, 2023 4 466 Works (=Ommunit,, Devter4,PMC ]t im �ndiarra ncu-profit Corpootion Title: [JE. Y-�ti Date,� IjY . Prhmd- rltte_- balt; EXHIRTT A Description of Property Parcel I: Lot 102 Bowmans PI Add Tax ID: 018-7032-1258 Parcel ID: 71-08-13-330-009.000-026 Commonly Known: 220 Dubail Parcel II: W 1/2 Lot 103 Bowmans PI Add Tax ID: 018-7032-1257 Parcel ID: 71-08-13-330-010.000-026 Commonly Known: 222 Dubail Parcel III: W 1/2 Lot 109 Bowmans PI Add Tax ID: 018-7033-1298 Parcel ID: 71-08-13 -3 31-007.000-026 Commonly Known: 402 Dubail EXHIBIT B Articles of Incorporation of 466 Works Community Development Corporation [See attached.] EXHIBIT C IRS 501(c)(3) Qualification Letter [See attached.] EXHIBIT D Form of Quit Claim Deed HOLD FOR: AUDITOR'S RECORD City of South Bend TRANSFER NO. 227 W. Jefferson Blvd., Ste. 1400S TAXING UNIT South Bend, IN 46601 DATE KEY NO. 018-7032-1258 018-7032-1257 018-7033-1298 QUIT CLAIM DEED THIS INDENTURE WITNESSETH THAT the City of South Bend, Indiana, by and through its Board of Public Works (the "Grantor" or the "City") CONVEYS AND QUIT CLAIMS TO 466 Works Community Development Corporation, an Indiana non- profit corporation, with its registered address being 2043 South Bend Avenue, PMB 352, South Bend, IN 46637 (the "Grantee") for and in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the following real estate in St. Joseph County, Indiana (the "Property"): Parcel I: Lot 102 Bowmans PI Add Tax ID: 018-7032-1258 Parcel ID: 71-08-13-330-009.000-026 Commonly Known: 220 Dubail Parcel II: W 1/2 Lot 103 Bowmans PI Add Tax ID: 018-7032-1257 Parcel ID: 71-08-13-330-010.000-026 Commonly Known: 222 Dubail Parcel III: W 1/2 Lot 109 Bowmans PI Add Tax ID: 018-7033-1298 Parcel ID: 71-08-13-331-007.000-026 Commonly Known: 402 Dubail Grantor hereby conveys the Property subject to all covenants, restrictions, and easements of record. The undersigned persons executing this Quit Claim Deed on behalf of the Grantor represent and certify that each has been fully empowered and authorized to execute this Quit Claim Deed and that all action necessary to complete this conveyance on Grantor's behalf has been duly taken. Dated this l�day of 01 ?__ , 2023. GRANTOR: City of South Bend, Indiana, by and through its Board of Public W s By: Elizabeth Maradik, President ATTEST: By: Theresa Heffner, Clerk STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public for and in said County and State this 14-hday of 2023, personally appeared Eli-zabel:h Maradik and Theresa Heffner, tome known to be the President and Clerk, respectively, of the City of South Bend, Indiana, Board of Public Works, the Grantor, and acknowledged execution of the foregoing Quit Claim Deed as authorized by the Real Property Transfer Agreement, dated IN 1 Q , h v h reunto s scribed my name and affixed my official seal. LAURA D. HENSLEY �. (SEAL) Notary Public - Seal St Joseph County - State of Indiana _ otPublic Commission Number MP0732150 ar Y My Commission Expires Mar 3, 2029 Resident of � . 3oS Pek Co ty, _ Commission expires: r,, 10-,�9 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. Is/Danielle Campbell Weiss Prepared by Danielle Campbell Weiss, Assistant City Attorney, 1200 S. County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601 2 INTERNAL REVENUE SERVICE P. O.BOX 2508, CINCINNATI, OH 45201 Date: NOV 0- 3 2014 466 WORKS COMMUNITY DEVELOPMENT CORPORATION INC 1620 S SAINT JOSEPH STREET SOUTH BEND, IN 46613-000.0 Deat Applicant: DEPARTMENT OF THE TREASURY Employer Identification Number; 46-5523814 DLN: 26053697001744 Contact Person: CHIUNGLAN CHUNG ID4 31721 Contact Telephone Numben (859) 669-4138 Accountinq Period Ending. - December 31 Public Charity Status: 170 (b) (1) (A) (vi) Form 990/990-EZ/990-N Required: Yes Effective bate of Exemptio n; February 12,,2014 Contribution Deductibility: Yes Addendum Applies: No We're pleased to tell you we.determined you're exempt from.federal income tax under Internal Revenue Code (IRC) Section 501(c)(3). Donors can deduct contributions they make to you under IRC Section 170. You're also qualified to receive tax deductible bequests, devises, transfers or gifts under Section 2055, 2106., or 2522.. This letter could -help resolve questions on your exempt status- Please keep it for your records. organizations exempt under IRC Section 501(c)(3) are further classified as either public charities or private foundations. We determined you're a public - charity under the IRC Section listed at the, top of this letter. If we indicated at the top of this letter that you're required to file Form 9.90/990-EZ/990-N, our records show you're required to file an annual information return (Form 990 or Form 990-EZ) or electronic notice (Form 990-N, the e-Postcard). Ifyou don.1t file a required return or notice for three consecutive years, your exempt status will be automatically revoked. If we indicated at the top of this letter that an addendum applies, the - enclosed addendum is an integral part of this letter. For important information about your responsibilities as a tax-exempt organization, go to www.irs.gov/charities. Enter 114221-PCII in the search bar to view Publication 4221-PC, Compliance Guide for 501(c)(3) Public Charities, which describes your recordkeeping, reporting, and disclosure requirements. Letter 5436 466 Works CDBG Application Page 14 1 466 WORKS COMINITY DEVELOPMENT SincereX.yI Director, Exempt Organ�:zatons Letter 5'436 466 Works CDBG Application e Page 15 State of Indiana Office of the Secretary of State Certified Copies To Whom These Presents Come, Greeting: I, CONNIE LAWSON, Secretary of State of Indiana, do hereby certify that I am, by virtue of the laws of the State of Indiana, the custodian of the corporate records and the proper official to execute this certificate. I further certify that this is a true and complete copy of this 7 page document consisting of the following records filed in this office: Certification Date: Business Name: Business ID: *:7 November 30, 2016 466 WORKS COMMUNITY DEVELOPMENT CORPORATION 2014021302826 Transaction Articles of Incorporation Articles of Amendment STATAi If dis Date Filed No. of pages 02/12/2014 3 08/23/2016 4 Total No. of pages I 7 In Witness Whereof, I have caused to be affixed my signature and the seal of the State of Indiana, at the City of Indianapolis, November 30, 2016 CONNIE LAWSON SECRETARY OF STATE Page 1 Of 8 CertificateID:9585995 State of huliana Office of the Secretary- of State CERTIFICATE OF INCORPORATION of 466 R ORKS C'(-)j\IAILTNITY DEVELOPMENT C'ORP(WATIC )N INC. I, Connie Lawson, Secretary of State of Indiana, hereby- certif-° that Articles of Incorporation of the above Non -Profit I?omestic Corporation has been presented to lne at iny office, accompanied by the fees prescribed by law and that the documentation presented conforms to lavv as prescribed by the prop isions of the Indiana Nonprofit Corporation Act of 1991. N(=)W, THEREFORE, with this document I certify- that said transaction will become effective Wednesday, February 12, 2014. STA. In Witness Whereof, I have caused to be affixed nl,,' squiature and the seal of the State of Indiana. at the Cite of Indianapolis, February 13. 2014 cep, aS C(_)NNIE LAWSON, SECRETARY OF STATE 201402-1302-X26 -' _0 140_ 13m-181-6 Nge 2 OF 8 C,m f—LOD:9585995 RECEIVED 02/12/2014 04:25 PM APPRO. :D AND FILED CONNIE LAWSON INDIANA SECRETARY OF STATE 2/13/2014 2:28 PM ARTICLES OF INCORPORATION Formed pursuant to the provisions of the Indiana Nonprofit Corporation Act of 1991. ARTICLE I - NAME AND PRINCIPAL OFFICE 466 WORKS COMMUNITY DEVELOPMENT CORPORATION INC_ 1620 S. SAINT JOSEPH STREET, SOUTH BEND, IN 46613 ARTICLE II - REGISTERED OFFICE AND AGENT C. EUGENE HALE 715 E. IRVINGTON AVENUE, SOUTH BEND, IN 46614 ARTICLE III — INCORPORATORS C. EUGENE HALE 1620 S. SAINT JOSEPH STREET, SOUTH BEND, IN 46613 Signature: C. EUGENE HALE REVEREND RICKARDO TAYLOR 1620 S. SAINT JOSEPH STREET, SOUTH BEND, IN 46613 Signature: RICKARDO TAYLOR ARTICLE IV — GENERAL INFORMATION Effective Date: 2/12/2014 Type of Corporation: Public Benefit Corporation Does the corporation have members?: Yes The purposes/nature of business THIS CORPORATION IS A PUBLIC BENEFIT CORPORATION THAT SHALL BE ORGANIZED AND OPERATED EXCLUSIVELY TO CONDUCT, SUPPORT, ENCOURAGE, AND ASSIST SUCH RELIGIOUS, CHARITABLE, SCIENTIFIC, LITERARY, EDUCATIONAL, AND OTHER PROGRAMS AND PROJECTS AS ARE DESCRIBED IN SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986 OR CORRESPONDING PROVISIONS OF ANY SUBSEQUENT FEDERAL TAX LAWS (THE "CODE"). WITHOUT LIMITING THE FOREGOING GENERAL STATEMENT OF PURPOSES, THE CORPORATION SHALL, TO THE EXTENT PERMITTED OF AN ORGANIZATION DESCRIBED IN SECTION 501(C)(3) OF THE CODE, ENGAGE IN THE PLANNING, DIRECTING, AND COORDINATING OF REVITALIZATION EFFORTS OF THE SOUTHEAST SIDE NEIGHBORHOOD LOCATED IN SOUTH BEND, INDIANA. Page 1 of 2 Transaction Id TR 14021200231 Control Number 201402,130282E / DCN 2014021392828 hp 3 O f A Ccr i fcalclD:9595995 Distribution of assets on disso, �m or final liquidation UPON THE DISSOLUTION OF THE CORPORATION, THE BOARD OF DIRECTORS SHALL, AFTER PAYING OR MAKING PROVISION FOR THE PAYMENT OF ALL OF THE LIABILITIES OF THE CORPORATION, DISPOSE OF ALL ASSETS OF THE CORPORATION EXCLUSIVELY FOR RELIGIOUS, CHARITABLE, EDUCATIONAL, SCIENTIFIC, OR LITERARY PURPOSES AS SHALL AT THE TIME QUALIFY AS AN EXEMPT ORGANIZATION OR ORGANIZATIONS UNDER SECTION 501(C)(3) OF THE CODE AS THE BOARD OF DIRECTORS SHALL DETERMINE, OR TO FEDERAL, STATE, OR LOCAL GOVERNMENTS TO BE USED EXCLUSIVELY FOR PUBLIC PURPOSES. ANY SUCH ASSET NOT SO DISPOSED OF SHALL BE DISPOSED OF BY THE SUPERIOR COURT OF THE COUNTY IN WHICH THE PRINCIPAL OFFICE OF THE CORPORATION IS THEN LOCATED, EXCLUSIVELY FOR SUCH PURPOSES OR TO SUCH ORGANIZATIONS, SUCH AS THE COURT SHALL DETERMINE, WHICH ARE ORGANIZED AND OPERATED EXCLUSIVELY FOR SUCH PURPOSES, OR TO SUCH GOVERNMENTS FOR SUCH PURPOSES. Page 2 of 2 Transaction Id TR14021200231 Control Number 201402130282E / DCN 2014021392828 Pagc 4 Of 8 Ccrd FicalclD:9585995 State of Indiana Office of the Secretary of State Certificate of Amendment of 466 WORKS COMMUNITY DEVELOPMENT CORPORATION INC. I, CONNIE LAWSON, Secretary of State, hereby certify that Articles of Amendment of the above Domestic Nonprofit Corporation have been presented to me at my office, accompanied by the fees prescribed by law and that the documentation presented conforms to law as prescribed by the provisions of the Indiana Nonprofit Corporation Act of 1991. The name following said transaction will be: 466 WORKS COMMUNITY DEVELOPMENT CORPORATION NOW, THEREFORE, with this document I certify that said transaction will become effective Monday, August 22, 2016. a AA -STAr$i Ir `A In Witness Whereof, I have caused to be affixed my signature and the seal of the State of Indiana, at the City of Indianapolis, August 23, 2016 drx� 0*- ""Ovs'. Connie Lawson SECRETARY OF STATE 2014021302826 / 7382485 To ensure the certificate's validity, go to https://bsd.sos.in.gov/PublicBusinessSearch ARTICLES OF AMENDMENT TO THE ARTICLES Indiana Secretary Indiana Code 23-17.17.1 et seq. 23-17-29-3 FILING FEE: $30.00 The undersigned officer of the Nonprofit Corporation named in Article I below (hereinafter referred to as the "Corporation') desiring to give notice of corporate action effectuating Amendment($) to the Articles of Incorporation, certifies the following facts: This Corporation exists pursuant to: (Check appropriate box,) ❑ The Indiana Not -For -Profit Corporation Act of 1971 (IC 23-7-1.1) as amended ❑ Indiana General Not -For -Profit Corporation Act (approved March 7, 1936) ® Indiana Nonprofit Corporation Act of 1991 (IC 23.17.1) as amended I SECTION 1: The name of the Corporation is: 466 Works Community Development Corporation, Inc. SECTION 2; The dale of Incorporation of the Corporation (monfh, day, year) February 12, 2014 SECTION 3: The name of the Corporation following this amendment to the Articles of Incorporation is: 466 Works Community Development Corporation SECTION 4: The exact text of Article(s) IV Does the corporation have members: no. The purposes/nature of business: see attached Sheet IA. Page 1 of 2 of the Articles of Incorporation Is now as follows: of State Approved and Filed 201402130282617382485 Filing Date: 08123I2016 Effective :08122I2016 11:00 CONNIE LAWSON Page 6 Of 8 CertificateID:9585995 Approved and Filed 2014021302826/7382485 tachment to Articles. of ALnct�dmeTtt of Articles of Incor Ie; 08/23/2016 0812212016 11:00 CONNIE LAWSON 466 Works Community Development Corporation Indiana Secretary of State Section 4.1- Purpose. (a) The Corporation's purpose is to operate as a community development corporation as defined by 42 USCS § 13851 to plan, direct and coordinate revitalization of the southeast neighborhood of South Bend, Indiana consisting of the area bounded on the north by Sample Street, on the east by Miami Street, on the south by Ewing Avenue, and on the west by Michigan Street, including the provision of low-income housing or community economic development projects. In furtherance of the aforesaid purpose, to transact any and all lawful business for which corporations may be incorporated under the Indiana Nonprofit Corporation Act of 1991 (IC 23-17-1 et seq.), provided such business is not inconsistent with the Corporation being organized and operated exclusively for charitable educational purposes and Section 501(c)(3) of the Internal Revenue Code. (b) No part of the net earnings of the organization shall inure to the benefit of, or be distributable to its members (if any), directors, trustees, officers, or other private persons, except that the organization shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of its charitable purposes. (c) No substantial part of the activities of the organization shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the organization shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of this document, the organization shall not carry on any other activities not permitted to be carded on by (1) an organization exempt from federal income tax under section 501(ex3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or (2) by an organization, contributions to which are deductible under section l 70(c)(2) of the Internal Revenue Code, or corresponding section of any future federal tax code. (d) Upon the dissolution of the organization, its assets shall be distributed for one or more exempt purposes within the meaning of section 50I (c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose, and any such assets not disposed of shall be disposed of by the Circuit Court of St. Joseph County, Indiana, in which the principal office of the organization is located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes. (e) Notwithstanding any other provision of these Articles of Incorporation, the Corporation shall not carryon any other activities not permitted to be carried on: (i) By a corporation exempt from Federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1986,- as amended, or corresponding provisions of any subsequent Federal tax laws, or (ii) by a corporation, contributions to which are deductible under Section 170(c)(2), Section 2055(a)(2), or Section 2522(a)(2) of the Internal Revenue Code of 1986, as amended, or corresponding provisions of any subsequent Federal tax laws. Section 4.2: owers. Subject to any limitation imposed by the Indiana Nonprofit Corporation Act, Section 501(c)(3) of the Internal Revenue Code, or other applicable law, the Corporation shall have the power to do everything necessary, advisable or convenient for the accomplishment of any of the purposes hereinbefore set forth, or which shall at any time appear conducive to or expedient for the protection or benefit of the Corporation, and to do all of the things incidental thereto or connected therewith which are not forbidden by law. Section 4.3: Term of Existence. The Corporation shall have perpetual existence. Page 7 Of 8 CertificateID:9585995 Approved and Filed 201402130282617382485 Filing Date: 08/23/2016 Effective :08/22/2016 11:00 CONNI£ LAWSON • • �•• • SECTION is Action by the Board of Directors The Board of Directors duly adopted a resolution proposing to amend the Article(s) of Incorporation: (Select one.) m At a meeting held on AngLISL 1 , Y0 16 , at which a quorum of such Board was present. ❑ By written consent executed on 20 , and signed by all members of such Board. SECTION 2: Action by members IF APPROVAL OF MEMBERS WAS NOT REQUIRED: The Amendmenl(s) were approved by a sufficient vote of the Board of Directors or incorporators and approval of members was not required. ZYes ❑N❑ The Amendment(s) were approved by a person other than the members, and that approval pursuant to Indiana Code 23-17-17-1 was obtained. ❑ Yes ❑ No MEMBERS OR DELEGATES IF APPROVAL OF MEMBERS WAS REQUIRED: TOTAL ENTITLED TO VOTE AS A CLASS _.__........._...___ — —--..._..._ _ 1 2 3 MEMBERS OR DELEGATES ENTITLED TO VOTE MEMBERS OR DELEGATES VOTED IN FAVOR MEMBERS OR DELEGATES VOTED AGAINST ® The manner of the adoption of the Articles of Amendment and the vote by which they were adopted constitute full legal compliance with the provisions of the Act, the Articles of Incorporation, and the By -Laws of the Corporation. I hereby verify, subject to penalties of perjury, that the facts contained herein are true. Required It registered agent Information was updated: ❑ By checking the box, the Signator(s) represent(s) that the Registered Agent named In the application has consented to the appointment of13egistered Agent. Secretary Printed name of officer C. Eugene Wale Page 2 of 2 Page 8 Of 8 CertificateID:9585995 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 6/16/2023 Name Joseph Molnar Department DCI BPW Date 06/27/23 Phone Extension 6052 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name and Inclusion Officer BPW Attorney ❑ Attorney Name Dept. Attorney ® Attorney Name Purchasing ❑ Danielle Campbell Weiss 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 N Other: Transfer Agreement n Ease./Encroach Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Information 466 Works Communitv Development Comoration ❑ Yes ❑ If Yes, Approved by Purchasing ❑ No ❑❑ ❑ MBE Completed E-Verify Form Attached ❑ Yes No Transfer of property to 466 Works Request to transfer City property in the Southeast Neighborhood (220 Dubail, 222 Dubail, 402 Dubail) to 466 Works for development of affordable housing For Change Orders Onl Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount $ Increase Current Percent of Change: Decrease New Amount $ Increase Total Percent of Change: Decrease Time Extension Amount: New Completion Date: