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HomeMy WebLinkAboutProperty Transfer Agreement - 36 Lots to Support LIH Tax Credit – Advantix Development Corp.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 July 11, 2023 Mr. Brandon Shields Advantix Development Corporation 500 SE 10"' Street Evansville, IN 47713 brandon. shields kadvantixcorp. com RE: Real Property Transfer Agreement Dear Mr. Shields: At its July 11, 2023 meeting, the Board of Public Works approved the above referenced agreement to transfer thirty-six (36) city owned lots to support a low-income housing tax credit project. Enclosed please find the original of the agreement for your signature. Please sign and return the original agreement to lhensleyksouthbendin.gov. Please retain a copy 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 July 11, 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 Advantix Development Corporation, an Indiana non-profit corporation, with its registered address being 500 SE loth Street, Evansville, Indiana 47713 ("Advantix") (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. Advantix is an Indiana non-profit corporation organized exclusively to conduct, support, encourage, and assist such charitable, educational, 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 owns certain real property described in attached Exhibit A (the "Properties"). D. Advantix desires to acquire ownership of the Properties from the City for the opportunity to apply for low-income housing tax credits and desires to enter into an agreement for acquisition of the Properties. E. 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. F. The City, acting by and through the Board of Public Works, has determined that conveying the Properties to Advantix under the terms of this 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 Advantix agree as follows: 1. Qualifications of Advantix. Advantix represents and warrants that (a) it is a non- profit corporation organized under the laws of the State of Indiana; (b) Advantix's articles of incorporation dated October 17, 2017 (the "Articles"), attached hereto as Exhibit B, have not been superseded or amended and currently remain in full force and effect; and (c) Advantix is currently exempt from federal income taxation as stated in the Internal Revenue Service letter dated November 19, 2013, attached hereto as Exhibit C. 2. Transfer of Properties. The City desires to convey the Properties to Advantix for and in consideration of One Dollar ($1.00), and Advantix desires to accept the Properties, and any and all improvements located on the Properties, subject to the terms and conditions of this Agreement. 3. Use of Properties. Advantix agrees to use the Properties 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. Specifically, Advantix desires to acquire ownership of the Properties to apply for low-income housing tax credits. 4. Investigation, Advantix Contingency. The City acknowledges that Advantix contemplates acquiring the Properties for Advantix's intended use of the Properties as income - based single family and multi -family housing with a minimum of thirty-eight (38) housing units (the "Intended Use"). (a) From and after the Acceptance Date, and upon Advantix providing City with evidence that Advantix has commercial general liability insurance reasonably acceptable to City in the amount of at least One Million Dollars ($1,000,000.00) per occurrence, Advantix and its agents shall have the right, but no obligation, at its sole cost: (i) to enter upon the Properties to conduct the tests, inspections, studies, assessments and investigations contemplated under this Agreement at any time and from time to time (collectively, "Tests"); and (ii) to make such Tests of the Properties and information with respect to the Properties, the Intended Use and/or this Agreement, all as Advantix may deem desirable, including, without limitation: [a] any environmental assessment, evaluation or study (including a "Phase I" environmental site assessment); and [b] topographic, engineering, traffic, parking and other feasibility studies. Notwithstanding the foregoing, Advantix will not conduct any invasive Tests, including, without limitation, Phase II environmental assessments or soil borings, without City's prior written consent, which consent shall not be unreasonably withheld or delayed. Advantix shall conduct all Tests at a time and in a manner as to reasonably minimize interference with City's operation on or about the Properties and any neighboring properties. Advantix shall indemnify, defend and hold City, its officials, members, employees, agents, contractors, lessees, licensees, invitees, successors and assigns harmless from any and all liabilities, claims, damages and expenses (including attorneys' fees, court costs, and costs of investigation) arising out of or in connection with the Tests or the entry on to the Properties by Advantix or its agents. From and after the Acceptance Date, City agrees that City shall, at the request of Advantix and without cost to City, cooperate with Advantix in connection with any and all private and governmental approvals, rezoning, land subdivisions and other matters necessary for Advantix's Intended Use. 2 (b) In addition to any and all other conditions and contingencies in this Agreement, Advantix's obligations under this Agreement are hereby conditioned upon Advantix's receipt of a low-income housing tax credit ("LIHTC") reservation from the Indiana Housing and Community Development Authority ("IHCDA") for the Intended Use. If the LIHTC reservation is not received within one hundred and forty (140) days of IHCDA accepting Advantix's application for review, this Agreement shall terminate at Advantix's election. Advantix represents that IHCDA intends to accept project applications on or around July 26, 2023 and announce reservations (Reservation") on or about November 17, 2023. In the event Advantix fails to submit its application to IHCDA prior to the published deadline this Agreement shall terminate. In the event that Advantix obtains a LIHTC Reservation from IHCDA but is unable to obtain a commitment for an equity investment from a tax credit investor on terms that are satisfactory to Advantix, in Advantix's sole discretion and in an amount sufficient for the Intended Use, within six (6) months after obtaining the LIHTC Reservation from IHCDA, despite Advantix's best reasonable efforts, this Agreement shall terminate at Advantix's election. 5. Closing. Provided Advantix's receipt of a LIHTC reservation from the IHCDA for the Intended Use and provide all conditions of closing hereunder have been satisfied or waived, the closing of the transaction described herein (the "Closing") shall occur at the offices of the Title Company on or before the Closing Date. The following shall occur on or before the Closing Date: (a) A special warranty deed in the form attached hereto as Exhibit B sufficient to convey and warrant to Advantix fee simple absolute title to the Properties, to extent such title is affected by City's actions, subject only to the Permitted Exceptions (the "Special Warranty Deed"), which Special Warranty Deed will restrict Advantix's use of the Properties to the Intended Use and other uses as allowed by this Agreement, and will prohibit Advantix from discriminating in the sale, lease, rental, use, occupancy, or enjoyment of the Properties or any improvements constructed on the Properties; (b) Any required real estate sale disclosure; and (c) Such other documents as may be necessary or proper to comply with this Agreement or required (by the Title Company or otherwise) to carry out its terms. Advantix shall deliver all of the following to the City, all of which shall be fully executed by Advantix, as appropriate: (a) Any required real estate sale disclosure; and (b) Such other documents as may be necessary or proper to comply with this Agreement or required to carry out its terms. 3 6. Advantix Post -Closing Development Obligations. Provided Closing occurs, within six (6) months after the Closing Date, Advantix will commence construction and redevelopment of the Properties for the Intended Use. Advantix will expend an amount (including hard and soft costs) of not less than Ten Million Dollars ($10,000,000.00) for constructing income -based single family and multi -family housing on the Properties and all other related improvements (collectively, the "Property Improvements") to redevelop the Properties for the Intended Use. Promptly upon completing the Property Improvements, Advantix will submit to the City records proving the above required expenditures and will provide to the City copies of the certificate(s) of occupancy for the Property Improvements. Advantix shall permit the City to perform reviews and monitor the progress of the construction of the Property Improvements. The parties expect the Property Improvements to be completed within thirty (30) months of the Construction Commencement Date (the "Completion Date"). If the Property Improvements have not been substantially completed by the Completion Date, Advantix shall be in default under this Agreement. In anticipation of performing its obligations under this Section 6, Advantix shall also provide the designs, plans, and specifications for Property Improvements consistent with City standards for the review and comment by the City's Planning Director or their designee, who, in their sole discretion, may request revisions or amendments to be made to the same. Acceptance of the design and plans by the Planning Director or their designee prior to construction shall be a prerequisite for the issuance of a Certificate of Completion. Advantix covenants and agrees that neither Advantix nor any of Advantix's successors or assigns will change its use of the Property from the Intended Use of the Property defined above without obtaining City's prior consent to such change in writing. 7. Certificate of Completion. Promptly after Advantix completes the Property Improvements and proves the same to City's reasonable satisfaction in accordance with the terms of Section 6(a) above, upon Advantix's request, the City will issue to Advantix a certificate acknowledging such completion (the "Certificate of Completion"). 8. No Warranties. Advantix agrees to accept the Properties 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 Properties. 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. Advantix may, at its sole cost and expense, obtain an owner's policy of title insurance or a survey prior to the transfer of such Properties. 9. Taxes. Advantix, and Advantix's successors and assigns, will be liable for any and all real property taxes and assessments, if any, assessed and levied against the Properties 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 Properties, 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. 10. 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 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. Default. If Advantix defaults under this Agreement, the City shall re-enter and take possession of the Properties and to terminate and revest in the City the estate conveyed to Advantix at Closing and all of Advantix's rights and interests in the Properties without offset or compensation for the value of any improvements made by Advantix. In the event City pursues legal action (including arbitration) to enforce or interpret this Agreement, Advantix shall pay City's reasonable attorneys' fees and other costs and expenses (including expert witness fees). 11. Assignment. Advantix 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 Advantix wishes to obtain the City's consent regarding a proposed assignment of this Agreement, the City may request and Advantix will provide any and all information reasonably demanded by the City in connection with the proposed assignment and/or the proposed assignee. 12. Dispute Resolution; Waiver of Jury Trail. 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. The Parties acknowledge that disputes arising under this Agreement are likely to be complex and they desire to streamline and minimize the cost of resolving such disputes. In any legal proceeding, each Party irrevocably waives the right to trial by jury in any action, counterclaim, dispute, or proceeding based upon, or related to, the subject matter of this Agreement. This waiver applies to all claims against all parties to such actions and proceedings. This waiver is knowingly, intentionally, and voluntarily made by both Parties. 13. 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. 14. Recitals and Exhibits. The above recitals and the attached exhibits are hereby incorporated into this Agreement. 15. 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. 5 [Signature page follows.] IN WITNESS WHEREOF, the City and Advantix have signed this Real Property Transfer Agreement to be effective as of the Effective Date. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS lau(4 Elizabeth A. Maradik, President Joseph R. Molnar, Vice President ADVANTIX DEVELOPMENT CORPORATION an Indiana non-profit corporation i Gary A. Gilot, Member Jordan V. Gathers, Member yl Printed: Murray L. Miller, Member Attest: Theresa M. Heffner, Clerk Date: July 11, 2023 Title: Printed: Title: 7 F'VHIRIT A Description of Properties Parcel I: Lot 212 Mayrs Mich Ave Add Parcel ID: 018-2088-3313 Common Address: 1202 HUEY ST Parcel II: Lot 148 C R Smiths 2nd Sub Parcel ID: 018-2083-3 043 Common Address: 1322 N BROOKFIELD ST Parcel III: Lot 622 Summit Place 3rd Parcel ID: 018-4033-1164 Common Address: 218 S MEADE ST Parcel IV: Lot 696 Summit Place 3rd Add Parcel ID: 018-4029-103 5 Common Address: 2606 W COLFAX AVE Parcel V: Lot 6 Pleasant Home Add Parcel ID: 018-1039-1727 Common Address: 662 LAWNDALE AVE Parcel VI: Lot 13 Kaleys I" Parcel ID: 018-2069-2540 Common Address: 2518 LINDEN AVE Parcel VII: Lot 10 Kaleys 15t Parcel ID: 018-2069-2543 Common Address: 2506 LINDEN AVE Parcel VIII: Lot 92 Swygarts 1 st Add Parcel ID: 018-1049-2125 Common Address: 1411 LINDEN AVE Parcel IX: Lot 76 Mayrs Mich Ave Add Parcel ID: 018-2094-3 53 5 Common Address: 1030 OBRIEN ST Parcel X: Lot 24 Kauffman Place Parcel ID: 018-2014-03 71 Common Address: 641 N BROOKFIELD ST Parcel XI: Lot 13 Kauffman Place Parcel ID: 018-2014-03 70 Common Address: 630 JOHNSON ST Parcel XII: Lot 8 Pleasant Home Add Parcel ID: 018-1039-1725 Common Address: 654 LAWNDALE AVE Parcel XIII: 17 Ft S Side Lot 99 & 16 Ft N Side Lot 100 Cushing & Lindsey Parcel ID: 018-1070-2978 Common Address: 736 HARRISON AVE Parcel XIV: Lot 7 50 Ft E End 33 1-3 Ft N Side Cushings 1st Parcel ID: 018-1074-3125 Common Address: 1014 LINDSEY ST Parcel XV: 36 Ft X 100 Ft Nw Cor Lot 80 A G Cushings 0 Parcel ID: 018-1080-3364 Common Address: 1218 VAN BUREN ST Parcel XVL• Lot 80 34'E End & 34'E End 28'N Side Lot 79 A G Cushings 4th Add Parcel ID: 018-1080-3366 Common Address: 1216 VAN BUREN ST Parcel XVII: 16 2-3 Ft S Side Lot 7 & 16 2-3 Ft N Side Lot 6 Cushings I" Parcel ID: 018-1074-3126 Common Address: 630 SHERMAN AVE Parcel XVIIL• 12 Ft S Side 100 Ft W End Lot 80 & 28 Ft N Side 100 Ft W End Lot 79 A G Cushing 4tn Parcel ID: 018-1080-3365 Common Address: 752 CLEVELAND AVE Parcel XIX: Lot 7 78 Ft W End 33 1-3 Ft N Side Cushings Ist Parcel ID: 018-1074-3124 Common Address: 632 SHERMAN AVE Parcel XX: Lot 9 88 Ft W End 15 Ft S Side & 88 Ft W End Of Lot 8 Cushings 1st Parcel ID: 018-1074-3122 Common Address: 702 SHERMAN AVE Parcel XXI: N 35' Ex 10'X40' Se Side Lot 9 All Of Lots 10 & 11 & 43'S Side Lot 12 Cushing I st Add Parcel ID: 018-1074-3118 Common Address: 716 SHERMAN AVE Parcel XXII: Lot 95 A G Cushings Ott' Parcel ID: 018-1080-3350 Common Address: 737 N CLEVELAND AVE Parcel XXIII: Lot 96 40'N Side A G Cushings 4th Add Parcel ID: 018-1080-3351 Common Address: 735 N CLEVELAND AVE Parcel XXIV: 35 Ft S Side Lot 78 A G Cushings 4tn Parcel ID: 018-1080-3368 Common Address: 744 N CLEVELAND AVE Parcel XXV: Lot 77 A G Cushings 0' Parcel ID: 018-1080-3369 Common Address: 744 N CLEVELAND AVE Parcel XXVI: 33 1-3 Ft S Side Lot 6 Cushings Is' Parcel ID: 018-1074-3127 Common Address: 622 SHERMAN AVE Parcel XXVIL• Lot 23 Muessels 1st Parcel ID: 018-1085-3589 Common Address: 911 SHERMAN AVE Parcel XXVIII: 33 Ft E Side 66 Ft W End Of Lots 81 & 82 & 33 Ft E Side 66 Ft W End 15 Ft S Side Of Lot 83 A G Cushings 41n Parcel ID: 018-1080-3361 Common Address: 1217 VAN BUREN ST Parcel XXIX: 33 Ft W Side 68 Ft E End Lots 81-82 & 33 Ft W Side 68 Ft E Side Of 15 Ft S Side Lot 83 A G Cushings 4th Parcel ID: 018-1080-3362 Common Address: 1215 VAN BUREN ST Parcel XXX: Lot 22 Muessels 1st Parcel ID: 018-1085-3590 Common Address: 909 SHERMAN AVE Parcel XXXI: 33 1/3 Ft S Side Lot 87 A G Cushings 4th Add Parcel ID: 018-1080-3339 Common Address: 809 N CLEVELAND AVE Parcel XXXII: 16 2/3 Ft S Side Lot 86 & 16 2/3 Ft N Side Lot 87 A G Cushings 41n Parcel ID: 018-1080-3 3 3 8 Common Address: 813 N CLEVELAND AVE Parcel XXXIIII: 33 Ft N Side Lot 99 Cushing & Lindsey Parcel ID: 018-1070-2977 Common Address: 740 HARRISON AVE Parcel XXXIV: Lot 98 Cushing & Lindsey Parcel ID: 018-1070-2976 Common Address: 744 HARRISON AVE Parcel XXXV: LOT 115 MUESSELS 2ND Parcel ID: 018-1086-3652 Common Address: 901 Blaine Parcel XXXVI: LOT 116 MUESSELS 2ND Parcel ID: 018-1086-3651 Common Address: 905 Blaine EXHIBIT B Articles of Incorporation of Advantix Development Corporation [See attached.] EXHIBIT C IRS 501(c)(3) Qualification Letter [See attached.] EXHIBIT D Form of Special Warranty Deed AUDITOR'S RECORD TRANSFER NO. TAXING UNIT DATE KEY NO. Multiple See Attached 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 Advantix Development Corporation, an Indiana non-profit corporation, with its registered address being 500 SE loth Street., Evansville, Indiana 47713 (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"): See Attached Exhibit A 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 day of , 2023. GRANTOR: City of South Bend, Indiana, by and through its Board of Public Works By: Elizabeth Maradik , President ATTEST: 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 day of , 2023, personally appeared Elizabeth Maradik and Theresa Heffner, to me 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. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal. (SEAL) Resident of Commission expires: , Notary Public County, 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 F'VHIRIT A Parcels for Transfer Parcel I: Lot 212 Mayrs Mich Ave Add Parcel ID: 018-2088-3313 Common Address: 1202 HUEY ST Parcel II: Lot 148 C R Smiths 2nd Sub Parcel ID: 018-2083-3 043 Common Address: 1322 N BROOKFIELD ST Parcel III: Lot 622 Summit Place 3rd Parcel ID: 018-4033-1164 Common Address: 218 S MEADE ST Parcel IV: Lot 696 Summit Place 3rd Add Parcel ID: 018-4029-103 5 Common Address: 2606 W COLFAX AVE Parcel V: Lot 6 Pleasant Home Add Parcel ID: 018-1039-1727 Common Address: 662 LAWNDALE AVE Parcel VI: Lot 13 Kaleys I" Parcel ID: 018-2069-2540 Common Address: 2518 LINDEN AVE Parcel VII: Lot 10 Kaleys 15t Parcel ID: 018-2069-2543 Common Address: 2506 LINDEN AVE Parcel VIII: Lot 92 Swygarts 1 st Add Parcel ID: 018-1049-2125 Common Address: 1411 LINDEN AVE Parcel IX: Lot 76 Mayrs Mich Ave Add Parcel ID: 018-2094-3 53 5 Common Address: 1030 OBRIEN ST Parcel X: Lot 24 Kauffman Place Parcel ID: 018-2014-03 71 Common Address: 641 N BROOKFIELD ST Parcel XI: Lot 13 Kauffman Place Parcel ID: 018-2014-03 70 Common Address: 630 JOHNSON ST 3 Parcel XII: Lot 8 Pleasant Home Add Parcel ID: 018-1039-1725 Common Address: 654 LAWNDALE AVE Parcel XIII: 17 Ft S Side Lot 99 & 16 Ft N Side Lot 100 Cushing & Lindsey Parcel ID: 018-1070-2978 Common Address: 736 HARRISON AVE Parcel XIV: Lot 7 50 Ft E End 33 1-3 Ft N Side Cushings 1st Parcel ID: 018-1074-3125 Common Address: 1014 LINDSEY ST Parcel XV: 36 Ft X 100 Ft Nw Cor Lot 80 A G Cushings 0 Parcel ID: 018-1080-3364 Common Address: 1218 VAN BUREN ST Parcel XVL• Lot 80 34'E End & 34'E End 28'N Side Lot 79 A G Cushings 4th Add Parcel ID: 018-1080-3366 Common Address: 1216 VAN BUREN ST Parcel XVII: 16 2-3 Ft S Side Lot 7 & 16 2-3 Ft N Side Lot 6 Cushings I" Parcel ID: 018-1074-3126 Common Address: 630 SHERMAN AVE Parcel XVIIL• 12 Ft S Side 100 Ft W End Lot 80 & 28 Ft N Side 100 Ft W End Lot 79 A G Cushing 4tn Parcel ID: 018-1080-3365 Common Address: 752 CLEVELAND AVE Parcel XIX: Lot 7 78 Ft W End 33 1-3 Ft N Side Cushings Ist Parcel ID: 018-1074-3124 Common Address: 632 SHERMAN AVE Parcel XX: Lot 9 88 Ft W End 15 Ft S Side & 88 Ft W End Of Lot 8 Cushings 1st Parcel ID: 018-1074-3122 Common Address: 702 SHERMAN AVE Parcel XXI: N 35' Ex 10'X40' Se Side Lot 9 All Of Lots 10 & 11 & 43'S Side Lot 12 Cushing I st Add Parcel ID: 018-1074-3118 Common Address: 716 SHERMAN AVE Parcel XXII: Lot 95 A G Cushings Ott' Parcel ID: 018-1080-3350 Common Address: 737 N CLEVELAND AVE 4 Parcel XXIII: Lot 96 40'N Side A G Cushings 4th Add Parcel ID: 018-1080-3351 Common Address: 735 N CLEVELAND AVE Parcel XXIV: 35 Ft S Side Lot 78 A G Cushings 4tn Parcel ID: 018-1080-3368 Common Address: 746 N CLEVELAND AVE Parcel XXV: Lot 77 A G Cushings 0' Parcel ID: 018-1080-3369 Common Address: 744 N CLEVELAND AVE Parcel XXVI: 33 1-3 Ft S Side Lot 6 Cushings Is' Parcel ID: 018-1074-3127 Common Address: 622 SHERMAN AVE Parcel XXVIL• Lot 23 Muessels 1st Parcel ID: 018-1085-3589 Common Address: 911 SHERMAN AVE Parcel XXVIII: 33 Ft E Side 66 Ft W End Of Lots 81 & 82 & 33 Ft E Side 66 Ft W End 15 Ft S Side Of Lot 83 A G Cushings 41n Parcel ID: 018-1080-3361 Common Address: 1217 VAN BUREN ST Parcel XXIX: 33 Ft W Side 68 Ft E End Lots 81-82 & 33 Ft W Side 68 Ft E Side Of 15 Ft S Side Lot 83 A G Cushings 4th Parcel ID: 018-1080-3362 Common Address: 1215 VAN BUREN ST Parcel XXX: Lot 22 Muessels 1st Parcel ID: 018-1085-3590 Common Address: 909 SHERMAN AVE Parcel XXXI: 33 1/3 Ft S Side Lot 87 A G Cushings 4th Add Parcel ID: 018-1080-3339 Common Address: 809 N CLEVELAND AVE Parcel XXXII: 16 2/3 Ft S Side Lot 86 & 16 2/3 Ft N Side Lot 87 A G Cushings 41n Parcel ID: 018-1080-3 3 3 8 Common Address: 813 N CLEVELAND AVE Parcel XXXIIII: 33 Ft N Side Lot 99 Cushing & Lindsey Parcel ID: 018-1070-2977 Common Address: 740 HARRISON AVE E Parcel XXXIV: Lot 98 Cushing & Lindsey Parcel ID: 018-1070-2976 Common Address: 744 HARRISON AVE Parcel XXXV: LOT 115 MUESSELS 2ND Parcel ID: 018-1086-3652 Common Address: 901 Blaine Parcel XXXVI: LOT 116 MUESSELS 2ND Parcel ID: 018-1086-3651 Common Address: 905 Blaine 0 INTERNAL REVENUE SERVICE P. O. BOX 2506 , CINCINNATI, OH1: 45201 Date: FEB 4 �,, 01 ADVANTIX DEVELOPMENT CORPORATION 500 COURT ST EVANSVILLE, IN 47708 DEPARTMENT OF THE TREASURY Employer Identification Number: 80-0757957 D IN: 17053268317012 Contact Person: IS, D. JAME5 ID# 52423 Contact Telephone Number: (877) 829-5500 Accounting Period Ending: December 31 Public Charity status: 170 (b) (1) (A) (vi) Form 990 Required: Yes Effective Date of Exemption: November 19, 2013 Contribution Deductibility: Yes Addendum Applies: No Dear Applicant:_ , is we are pleased to inform You that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code. Contributions to you are deductible under sectionl170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records. Organizations exempt under section 501(c)(3) of the Code are further classified as either public charities or private foundations. we determined that you are a public charity under the Code section(s) listed in the heading of this letter. Please see enclosed Publication 4221-PC, Compliance Guide for 501 (c)(3) Public Charities, for some helpful information about your responsibilities as an exempt organization. � !I Letter 947 ADVANTIX DEVELOPMENT CORPORATION We have sent a copy of this letter to your representative as indicated in your power of attorney. Sincerely, ' Director, Exempt Organizations � I Enclosure: Publication 4221-PC i Letter 947 State of Indiana Office of the Secretary of State CERTIFICATE OF INCORPORATION of ADVANTIX DEVELOPMENT CORPORATION I, TODD ROKITA, Secretary of State of Indiana, hereby certify that Articles of Incorporation of the above Non -Profit Domestic 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. NOW, THEREFORE, with this document I certify that said transaction will become effective Wednesday, October 17, 2007. O t. W' In Witness Whereof, I have caused to be affixed my signature and the seal of the State of Indiana, at the City of Indianapolis, October 17, 2007. TODD ROKITA, SECRETARY OF STATE 2007101800173 / 2007101881552 4P Wn ITAARTICLES OF INCORPORATION FORANONPRC�FiDORPORATIONY OF STATESlate Form 4162(R1Of1-03l Corpora le Form No. 304.1(0clober 1994) ry/ T10NS gVISION Nn9lon SI., Rm. E01aApproved by Stele Board of Accounts 1995 jLs, IN 4e2047 -(J171232-9578NOTES: 1. Norprolif Corporations must qualify with the lniernaliq S rv' d f nlao fng I hale�rt dft,1e 23-17-3 2 Revenue. it is sfronglysuggested you do not conplefM ZileFF g g FIUNG FEE: $30,00 2. Arfcle Vll must be comfaaled appropriately. Please see (7/" 5 pyoFSTgr� INSTRUCTIONS: 1. Use 8 112••x f I" white paper for affichments. 2. Present original and one (1) copy to the address in the upper right corner of This form. 3. Please type orprinf. 4. Please visit ouroKce on he web at uww.sos.in.gov. ARTICLES OF INCORPORATION The undersigned incorporator or incorpporators, desiring to form a corporation (hereinafter referred to as the "Corporation') pursuant to the asions of the Indiana Nonprofit Corporatlon Act of 1991 (hereinafter referred to as the "AcO, execute the following Articles of Pneerovrporatien. Name of the CorpomUm: (me nacre musr rnGuoa me n•uw w,pviuuo„ • -•�•r�"•�� • �•-_ , __. _,. _., PAYO-rlX Development Corporation Pnr{dpal Office: The address of the prindpal office of the Corporallon Is: ZIP code Post office address City Indiana 50 CCourt Street Evansville 47708 are: To own, operate, purchase, sell and manage real estate and affordabIe housing. ® public benefit corporation, which is organized for a public or charitable purpose; ❑ religious corporation, which is organized primarily or exclusively for religious purposes; or Q mutual ben a fit corporation (all others). Name of Regisleretl Agent Mildred A. Motley Address of Registered Office (street or building) jaly ZIP code Indiana 47708 500 Court Street Evansville Indicate if Corporation will have members: Q Yes �1 No (Continued on Ile reverse slde) Names) and address(es) of the incorpaator(s) Ware as follows: Name Number and Street or Building city Stele ZIP code Mildred A. Motley 500 Co)trt Street Evansville IN 47708 Danny M. Spindler 500 Court Street Evansville IN 47708 1prry Clark 500 Court Street Evansville I IN 47708 Refer to Indiana Code 23-17-22-5 for pertnil(ed activities follovA ng []ssolydion. (1) Preserving and protecting the corporation's assets and minimizing the corporation's liabilities. (2) Discharging or making provision for discharging the corporation's liabilities and obligations. (3) Disposing of the corporation's properties that will not be distri- buted in kind. (4) ld bthe Returning, transferring, or conveying assets hey corporation upon a condition requiring return, transfer, or conveyance that occurs by reason of the dissolution, in accordance with the condition. (5) Transferring, subject to any contractual or legal requirements, the corporation's assets as provided in or authorized by the corporation's articles of incorporation or bylaws. (6) Doing any other act necessary to wind up the corporation's affa9..rs and liquidate the corporation's assets. ` Please note this section must be completed. THIS DOCUMENT MUST BE SIGNED BY ALL INCORPORATORS. In witness v✓iereof, the undersigned incorporators) of said Corporation executes) this document, and verify(ies) subject to penalties of perjury that the facts contained herein and true this lSth day of September ,20 �� 9 Printed name 3i nalu2 - , >igna Prinr°^ n°m° �h , Printed name tis inswmern was prepared oy: tnamor Mildred A. Motley ddress City State IN zl q`'�jr�j08 500 Court Street Evansville INDIANA SECRETARY OF STATE RECEIPT Receipt Number: 1600637 Payment Entry Number: SUM INDIANA SECRETARY OF STATE BUSINESS SERVICES DIVISION 302 West Washington Street, Room E018 Indianapolis, IN 46204 (317) 232-6576 THE HOUSING AUTHORITY OF THE CITY OF EVANSVILLE 500 COURT STREET EVANSVILLE, IN 47708 Receipt Date: 10/18/2007 Receipt Status: Closed The following details your transaction(s) with the Secretary of State's Office Payment Submitted: Payor Payment Type Reference Comment Amount THE HOUSING AUTHORITY Check/ MO 15880 $30,00 OF THE CITY OF EVANSVILLE Total Amount: $30.00 Transactions posted to this receipt: Entity Name Type of Filing Amount ADVANTIX DEVELOPMENT Non -Profit Domestic Corporation : $30,00 CORPORATION Articles of Incorporation Total Amount: $30.00 Date Printed : 10/18/2007 Prepared By : Liz Wiseman Page 1 of 1 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 6/30/23 Name Joseph Molnar Department DCI BPW Date 7/11/23 Phone Extension 6022 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name and Inclusion Officer BPW Attorney ❑ Attorney Name Michael Schmidt 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 ❑ 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 Amount of ❑ Previous Amount Current Percent of Change New Amount Total Percent of Change: Time Extension Amount: New Completion Date: Information Advantix Development Comoration ❑ Yes ❑ If Yes, Approved by Purchasing ❑ No ❑ WBE Completed E-Verify Form Attached ❑❑ Nos City Property Transfer in Support of Low Income Housing Tax Credit Project City staff members have been working with Advantix Development Corp. to identify current City owned lots appropriate for a scattered site low income housing tax credit project. The agreement transfers 36 lots to Advantix if they are awarded Tax Credits by the State of Indiana this November. If Advantix does not win the credits, the properties will not be transferred. 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