HomeMy WebLinkAboutReal Property Transfer Agreement - 912 & 914 Harrison – Near Northwest Neighborhood Inc.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
January 9, 2024
Ms. Kathy Schuth
Near Northwest Neighborhood Inc.
1007 Portage Ave.
South Bend, IN 46616
nnndirector(d),nearnorthwe st. org
RE: Real Property Transfer Agreement
Dear Ms. Schuth:
At its January 9, 2024 meeting, the Board of Public Works approved the above
referenced agreement for the transfer of city property at 912 and 914 Harrison for 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 MURRAY L. MILLER BRIANA N. MIcou
REAL PROPERTY TRANSFER AGREEMENT
This Real Property Transfer Agreement is entered into as of January 9, 2024 (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 the Near Northwest Neighborhood Inc., an Indiana non-profit corporation, with its registered
address being 1007 Portage Ave., South Bend, Indiana 46616 (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, educational, and other programs and
projects as are described both in Section 170(c)(2)(B) and 501(c)(3) of the Intemal Revenue Code
and is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code.
C. The City owns the certain real property described in attached Exhibit A (the
"Property").
D. The Organization desires to acquire ownership of the Property from the City.
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 Intemal 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 Property to the Organization 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 Organization agree as follows:
1. Oualifications 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 September 4, 1974, as amended on June 13, 1979,
and December 18, 1980 (the "Articles"), attached hereto as Exhibit B, have not been superseded
or 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
September 26, 1979, 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 April 28, 2023 (the
"Closing"). The Board of Public Works (the "Board") hereby authorizes and instructs Elizabeth
Maradik, President of the Board and Theresa Heffner, 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 Agreemenh 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.
8. Assi ig< nen<. 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.]
IN WITNESS WHEREOF, the City and the Organization have signed this Real Property
Transfer Agreement to be effective as of the Effective Date.
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
NEAR NORTHWEST NEIGHBORHOOD,
INC.,
an Indiana qon,-r4t-gorporation
Elizabeth A. Maradik, President
Printed:
Title:
By:
Joseph R. Molnar, Vice President
Printed:
QA
Title:_
Gary A. Gilot, Member
Briana Micou, Member
Murray L. Miller, Member
ATTEST:
Theresa M. Heffiler, Clerk
Date: January 9, 2024
gm-
4
EXHIBIT A
Description of Property
Parcel I
Legal Description: 33 FT N SIDE LOT 157 CUSHING & LINDSEY
Parcel ID: 018-1072-3054
Tax ID:71-08-02-259-005.000-026
Commonly Known: 914 Harrison
Parcel II
Legal Description: S 17 Ft Lot 157 N 16 2-3 Ft Of Lot 158 Cushing & Lindsey
Parcel ID: 018-1072-305 5
Tax ID:71-08-02-259-006.000-026
Commonly Known: 912 Harrison
EXHIBIT B
Articles of Incorporation of
Near Northwest Neighborhood, Inc.
[See attached.]
EXHIBIT C
IRS 501(c)(3) Qualification Letter
[See attached.]
EXHIBIT D
Form of Quit Claim Deed
AUDITOR'S RECORD
TRANSFER NO.
TAXING UNIT
DATE
KEY NO. 018-1072-3055
018-1072-3056
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 Near Northwest Neighborhood, Inc., an Indiana non-profit
corporation, with its registered address being 1007 Portage Ave., South Bend, Indiana 46616 (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
Legal Description: 33 FT N SIDE LOT 157 CUSHING & LINDSEY
Parcel ID: 018-1072-3054
Tax ID: 71-08-02-259-005.000-026
Commonly Known: 914 Harrison
Parcel II
Legal Description: S 17 Ft Lot 157 N 16 2-3 Ft Of Lot 158 Cushing & Lindsey
Parcel ID: 018-1072-305 5
Tax ID: 71-08-02-259-006.000-026
Commonly Known: 912 Harrison
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 9 4'11 - day of .2024.
GRANTOR:
City of South Bend, Indiana, by and through its Board of
Public Works
By: ut
Elizabet t Maradik . President
ATTEST:
By:
Iteresa Heffner. Clerk
STATE OF 1NDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public for and in said County' and State this q,�' day of
1 �J 2024, 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.
' hereunto - bscribed my name and affixed my official seal.
LAURA D. HENSLEY
Notary Public - Seal
(SEAL) St Joseph County - State of Indiana Vb - am A
Commission Number NP0732150
My Commission Expires Mar 3, 2029 11� 11 Notary Public
esident of 5 • o County, i' pea
Commission expires: Ward 3, o 0,)q
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. Michael Schmidt
Prepared by Danielle Campbell Weiss, Assistant City Attorney. 1200 S. County -City Building, 227 W. Jefferson Blvd.. South
Bend, Indiana 46601
2
Form No 26
STATE OF INDIANA
OFFICE OF THE SECRETARY OF STATE
SECRETARY OF STATE
To Whom These Presents Come, Greeting:
CERTIFICATE OF I\'rCORPORATION
C r
r �
--- -- _ --SOUTH--END-HM--OWNER.B- QTN&--=A.R_ NA#TMMT-;-j-NB-,----
1, LARRY A. CONRAD, Secretary of State of the State of Indiana, hereby certify that Articles of In-
corporation of the above not -for -profit Corporation, in the form prescribed by the office, prepared and
signed in duplicate by the Incorporator (s) and acknowledged and verified by the same before a Notary
Public, have been presented to me at this -office accompanied by the fees prescribed by law; that I have
found such Articles conform to law; that I have endorsed nay approval upon the duplicate copies of
such Articles, that all fees have been paid as required by law; that one copy of such Articles has been
filed in this office; and that the remaining copy of such Articles bearing the endorsement of my approval
and filing has been returned by me to the incorporator (s) or his (their) representatives; all as prescribed
by the Indiana Not -For -Profit Corporation Act of 1971,
NOW, THEREFORE, I hereby issue to such Corporation this Certificate of Incorporation, and further
certify that its corporate existance has begun.
In Witness Whereof, I have hereunto set my hand and affixed
the seal of the State of Indiana, at the City of Indianapolis,
this - - - - Uh - day of
SAy tdmhar , 19U.,,_,_
LARRY A. CONRAD, Secretary of State
By
Deputy
1
Corporate Form No. 364-1 (Aug. 1971)
Page One
ARTICLLS OF INCORPORATION
(Not for Profit)
Prescribed by Larry A, Conrad,
Secretary of State of Indiana
INSTRUCTIONS:
APPROVEDUse
8%z x 11 Inch Paper for Inserts
AND
FILED
Present 2 Executed Copies to Secretary of
State, Room 155, State blouse, Indianapolis,
F3 i9 %4
Indiana 46244
FILING HE is $13,00
General Requirements — "Non -Profit" means
that the Corporation shall not engage in any
activities for the pecuniary gain of its
CRETARr OF
members.
ATE: OF INDIANA
ARTICLES OF INCORPORATION
OF
South Bend Home Owners of the Near Northwest, Inc.
The undersigned incorporator or incorporators, desiring to form a corporation (hereinafter referred to
as the "Corporation") pursuant to the provisions of the Indiatia Not -For -Profit Corporation Act of 1971,
(hereinafter referred to as the "Act"), executed the following Articles of Incorporation.
ARTICLE I
Name
The name of the Corporation is Sggth ,Bend p3 np .Q nprs gf, thQ Npga! Wgrth.'Wgst,, jrlc,
(The name shall include the word "Corporation" or "Incorporated", or one of the abbreviations thereof.)
ARTICLE II
Purposes
The purposes for which the Corporation is formed are: to improve the physical, social and
economic environment of the near northwest section of the City of South Bend,
Indiana, by studying, replanning, maintaining, restoring, revitalizing and enhancing
its neighborhoods, homes, business and institutional buildings and facilities,
streets and public ways, vehicular traffic patterns and land use, to the ends that
its people may have an increasingly more pleasant, convenient, safe and attractive pla
in which .to live and work, and that the City of South Bend will prQaper by having a
first-rate residential community in its near northwest.
Corporate Form No. 364-,1 Page Two
Prescribed by Larry A. Conrad
Secretary of State (,Aug. 1971)
ARTICLE III
Period of Existence
The period during which the Corporation shall continue is perpetual.
(will either be "Perpetual", or, if to be limited, some definite period of time. )
ARTICLE IV
Resident Agent and Principal Office
Section 1. Resident Agent. The name and address of the Resident
Agent in charge of the Corporation's principal office is Mary Grace Melander.
(name)
1064 Woodward Avenue South Bend Indiana 46616
.................................................. ...................
(Number and Street or Building) ( City) (State) (Zip Code)
Section 2. Principal Office. The post office address of the principal
office of the Corporation is
1.064.W4aoAwand.Auenue ........... South.Bend..... ZNAI.ANA...... 46Q 16....
(Number and Street or Building) (City) (State) (Zip Code)
ARTICLE V
Membership
(A minimum of three (3) shall have signed the membership list.
Directors or Trustees or Incorporators are included in the Membership.)
Section 1. Classes. (If any)
There shall be two classes of members as follows: Voting members
and community members.
Section 2. Rights, Preferences, Limitations, and Restrictions
of Classes.
Corporate Form No. 364-1 Page Two
(a) Voting Members. Voting members shall be individual
persons who reside in real estate owned by them and located
within the territorial limits of the near northwest section of the
City of South Bend, Indiana, as those territorial limits are set
out and specified on Page Two (A) hereof. Ownership of real
estate is defined for purposes of these Articles as owning a fee
simple interest in real estate as sole owner or owner with
another or others or as being an installment land contract
purchaser of real estate either individually or -with another or
omers .
(b) Community Members. Any person, firm or corporation,
other than a voting member, who owns (as defined herein) real
estate or operates a business or other activity within said territorial
limits may be a community member.
Section 3. Voting Rights of Classes.
Only voting members may vote in any meeting of members or of
the Board of Directors of the Corporation. Each voting member shall
have one vote, except that when a voting member owns real estate
qualifying him for voting membership with another person or persons,
only one of these owners may vote.
Section 4. Territory Within Which Voting Members are Required
to reside and own real estate.
For purposes of theseArticles the geographic territory within which
Corporate Form No. 364-1 Page Two (B)
voting members must own real estate and live therein is bounded by a
line running in the center of the following public streets, railroad tracks
and river within said. City of South Bend, to -wit; Commencing at the
intersection of Lincoln Way West and Wilber Street; thence running North
on Wilber Street to Vassar Street; thence running East on Vassar Street
to the railroad tracks of the Penn Central Railroad Company; thence
running in a general northeasterly and then easterly direction along the
center of said railroad tracks to the St. Joseph River; thence running
upstream along the West and South bank of said. River to Madison Street
(extended to said River bank edge); thence West on Madison Street to
Michigan Street; thence South on Michigan Street to La Salle Avenue;
thence West on La Salle Avenue to Lincoln Way West; thence Northwest
on Lincoln Way West to the place of beginning at the intersection of
Lincoln. Way West and Wilber Street.
Corporate Form No, 364-1 Page Three
Prescribed by Larry A. Conrad,
Secretary of State (Aug. 1971)
ARTICLE VI
Directors
Section 1. Number of Directors. The initial Board of Directors is composed of . . . . . . . . . .
members. If the exact number of Directors is not stated, the minimum number shall be , nine .(9). . . ,
and the maximum mi nber shall bethirty-six (36) . , . Provided, however, that the exact number of
directors shall be prescribed from time to time in the By -Laws of the Corporation: AND PROVIDED
FURTHER THAT UNDER NO CIRCUMSTANCES SHALL THE MINIMUM NUMBER BE LESS THAN
THREE (3).
Section 2. Names and Post Office Addresses of the Directors, The name and post office addresses of
the initial Board of Directors are:
Name Number and Street or Building
City
State
Zip Code
1.
Mary Grace Melander 1064 Woodward Ave.
South
Bend
Indiana
46616
2.
John R. Kage1 1029 Riverside Dr.
South
Bend
Indiana
46616
3.
Brian Crumlish 109 1 Riverside Dr.
South
Bend
Indiana
46616
4.
George Yena 1101 Woodward Ave.
South
Bend
Indiana
46616
5.
Robert E. Zimmerman 933 Riverside Dr.
South
Bend
Indiana
46616
6.
Edward J. Nowacki 903 Sherman Ave.
South
Bend
Indiana
46616
7.
David A. Sullivan 909 Lawndale Ave,
South
Bend,
Indiana
46616
8.
Eugene L. Geyer 737 Lawndale Ave.
South
Bend,
Indiana
46616
9.
Richard J. Dieter 1127 Portage Ave.
South
Bend
Indiana
46616
ARTICLE VII
Incorporator(s)
Section 1. Names and Post Office Addresses. The names and post office address(es) of the
incorporator(s) of the Corporation is (are) as follows:
Nance Number and Street or Building City State Zip Code
Mary Grace Melander 1064 Woodward Ave. South Bend Indiana 46616
Nancy Doyle
726 Park
Avenue
South
Bend
Indiana
46616
Margaret L,udwick
730 Park
Avenue
South
Bend
Indiana
46616
Corporate Farm No. 364-1 Page Four
Prescribed by Larry A. Conrad,
Secretary of State (Aug. 1971)
ARTICLE Vill
Statement of Property (If any)
A statement of the property and an estimate of the value thereof, to be taken over by this corporation
at or upon its incorporation are as follows:
None
ARTICLE IX
Provisions for Regulation and Conduct
Of the Affairs of Corporation
(Can be the `By Laws")
Other provisions, consistent with the laws of this state, for the regulation and conduct of the affairs of
this corporation, and creating, defining, limiting or regulating the powers of this corporation, of the
directors or of the members or any class or classes of members are as follows:
Section 1. Directors terms of office.
Each director shall serve for a term of one year.
Section 2, Directors - plan for increase in size of. Board.
During its first year in office the Board of Directors shall devise a plan
for increasing the size of said Board to thirty-six (36) members, to be divided
into three groups for annual election. Said plan shall be submitted to the voting
members of the Corporation for their approval and the Articles of Incorporation
ehtall be amended in a way consistent with the plan adopted by said members.
Corpoiate: Yorin No. 364.1 Page Five
Prescribed by Larry A. Conrad,
Secretary of State: (Aug. 1971)
The undersigned, being one or more persons, do hereby adopt these Articles of Incorporation,
representing beforehand to the Secretary of State of the State of Indiana and all persons whom it may
concern that a membership list or lists of the above named corporation for which a Certificate of
Incorporation is hereby applied for, have heretofore been opened in accordance with the law and that at
least three (3) persons have signed such membership list.
IN WITNESS WHEREOF, I (we) the undersigned do hereby execute these Articles of Incorporation and
certify the truth of the facts herein stated, this . 3i:'a . day of . . . September: . . . . . . „ 19.74 .
(Written Signature)
Mary, Grace Melandeir . . . . . .
(Printed Signature)
State of Indiana
County of St.. Jos eph _ _
(Wri t ' Sign re)
Nancy Poyj,e . . . . . . .
(Printed Si nat )
(Written Signature}
M4.rgar,et Lgdj'jck . . . . . .
(Printed Signature)
NOTARY ACKNOWLEDGEMENT
(required)
SS:
Before me, Rabo�rt ;E, 4iramprman , , a Notary Public in and for said county and
State, personally appeared the above incorporator(s) and (severally) acknowledged the execution of the
foregoing Articles of Incorporation.
Notary Seal
Required
(Written Sign• are}
Robert .F.. Zimmerman, Notary Public
(Printed Signature)
My commission expires: . .7.r7'75 . . .
WITNESS my hand and Notarial
Seal this ..3rd. day ofSep:teimbet: ,
19.74.
This instrument was prepared by .Robert B.. Zimmerman ,. Attorney. at. Law.. . . . . . . . .
(Name)
4A2 National. Bank Bldg. SQuth. Bend,. ,Indiana , , . 4E3601,
(Number and Street or Building) (City) (State) (Zip Code)
SS-C 35
STATE OF 1NDIANA
- ,q OFFICE OF THE SECRETARY OF STATE
CERTIFICATE OF AMENDMENT
l.I -
-l�
To Whom These Presents Come, Greeting:
J s
Secretary of State of the State of Indiana, hereby certify that
a corporation July orgranized and existing under the laws of the State of Indiana, has this day
filed in the office of the Secretary of State, Articles of Amendment showing an amendment to
the articles of incorporation of said company, in accordance with the Indiana General Not -For -
Profit Corporation Act (approved March 7, 1935) IThe Indiana Not -For -Profit Corporation
Act of 1971 (approved September 2, 1971);
WHEREAS, upon due exarninalion, I find that they conform to law:
EDWIN J SIMCOX
NOW, THEREFORE, I, 1X=nXXXXjWjM Secretary of State, hereby certify that I have
this endorsed my approval upon all copies of Articles so presented, and, having received the
fees required by law, in the sum of $26.00, have filed one copy of the Articles in this office and
returned the remaining copies bearing the endorsement of my approval to the Corporation.
In Witness Whereof, I have hereunto set tiny hand and affixed
the seat of the State of Indiana, at the City of Indianapolis,
this ........ .... -- — .:1..3.tY1............. . ..day of
--..... . ......... ....... ... Julie........., rq........ 79
BY
LARRY A. CONRAD, Secretary of State
Deputy
Prescribed by: Edwin J. Simeox,
Seeretaryy of State of State of Indiana
Corporate Form No, 364-2
Page One
ED For Use by A Domestic Not -For -profit
APPRO\ Corporation Incorporated or Reorganized
Under The Indiana Not -For -Profit
l~ t UE,D Corporation Act of 1971.
File In Duplicate
FILING FEE $26.00
ARTICLES OF AMENDMENT
THE
55cncrMly °F ARTICLES OF INCORPORATION
OF
SOU111 BEND HOMEOWNERS OF THE NEAR NORTHWEST, INC.
Charles S. Leone and.- Aleene Phillips
-__._--
(President4RCAf '04' ) (SecretarySK"I t W644)
of the above named corporation show (hat:
1. The above -named corporation was organized or reorganized under The Indiana Not -For -Profit
Corporation Act of 1971 on._ S ptember `t, 1974
(Date)
.. *_
�. iirc airuvc HdIIIUi L.uIIJUla!1L11J UF%J1L iirc lJIul)uaui vi Iia uualu vi vy Il.J61UW%JI1 uLaly
adopted by said board of directors setting forth the proposed amendment-- and directing that the same be
submitted to a vote of the members entitled to vote in respect thereof at a designated meeting of such
members and upon the adoption thereof by said members at said meeting as provided by law and as
hereinafter more specifically set out, does hereby execute and acknowledge the following,
Articles of Amendment of its Articles of Incorporation
EXACT TEXT
OF
AMENDMENT'
3. (A)
ARF1 CIE 1
The name of the corporation is Near Northwest Neighborhood, Inc.
State Dorm 4161
Bruce N. Wood, President of the South Bend Homeowners of the
APPROVED
Near Northwest, Inc. hereby certifies that the attached dd&u-
FILED
ment, consisting of one (1) page, is a copy of an amen?It31979
to article 2 of the Articles of Incorporation of thf ❑uth
Bend Homeowners of the Near Northwest, Inc., whic�inalh9r t -tEOFi/JUTAt
was approved on October 4, 1977, by the Board of Directors
of the South Bend Homeowners of the Near Northwest, Inc.,
and which was approved by a unanimous vote of the general
membership of the South Bend Homeowners of the Near Northwest,
Inc, at a general membership meeting on November 20, 1977.
Date
ATTEST:
SOUTR BEND HOMEOWNERS OF THE NEAR
NORTHWEST, INC. by:
�f uc e N. �WcTbd, Pre ient
Alefene Phillips, Secr tart'
Before me, a notary public, personally appeared Bruce N. Wood
and AleenePhillips and acknowledged the. execution of the fore-
going document this day of April, 1979.
My commission expires
June 5, 1982
C ar es S. Leone, Notary P is
Resident of St. Joseph County, Indiana
South Bend Homeowners of the Near Northwest, Inc.
P.O. Box 1132
South Bend, Indiana 46624
i ed exclusively for cnaritaoie,
Thee --corporation is org�n � - -
' religious, educational., and's�cientific purposes, iricludi.nq', for---_
such purposes, the making of distributions to organizations that
qualify as exempt organizations under section 501(c)(3) of the
Internal Revenue Code of 1954 or the corresponding provision of
any future United States Internal. Revenue Law.
No part of the net earnings of the Corporation shall inure
to the benefit of, or be distributable to its members, trustees,
officers, or other private persons, except that the Corporation
shall be authorized and empowered to pay reasonable compensation
fvd oa;:vices rendered and to make payments and distributions in
furtherance of the purposes set forth in this article. No sub-
stantial part of the activities of the Corporation shall be the
carrying on of propaganda, or otherwise attempting to influence
legislation, other than as permitted under the 1976`Tax Reform
Act or the corresponding provision of any future United States
Internal Revenue Law, and the Corporation shall not participate
- --- --�----- - �_-----ems--- --•-- --,_,.. - --- ��----�`._�1-_ _�
r.AA, Wj. J LA 4csl VGAAc A.LA % LAA%..LU%AJ LL� Vli C:i aA�v i,4 is AL L/i+� VA. %446,0 .J6*f i.i Vl. v.
statements) any political campaign on behalf -of any candidate for
public office. Notwithstanding any other provisions of these
articles, the Corporation shall not carry on any other activities
not permitted to be carried on (a) by a corporation exempt from
Federal income tax under section 501(c) (3) of the Internal Revenue
Code of 1954 or the corresponding provision of any'future United
States Internal Revenue Law or (b) by a corporation, contributions
to which are deductible under section 170 (c) (x) of the Internal
Revenue Code of 1954 or the corresponding provision of any future
United States Internal Revenue Law.
In the event of dissolution of the corporation, the board of
directors shall, after payment Of all liabilities of the Corporation,
dispose of the assets of the Corporation, exclusively for the purposes
of the Corporation in such manx+er, or }o such oxganizati.ons organized
and operating exclusively for charitable, educational, religious or
i.c ptzT r,ose:- shall ] at thr+ 4ine qualify as an exempt orgzn.i-
r Marc ;s; i"Lc,.L' f:�s, uzider SeCtI.c _:.J. (G) (3) of the Internal Reventi
::oche cf: 1954 or the corresponding prevision of any future United Staten
Internal Revenue Law and which is organized for purposes substantially
similar to that of the Corporation.
�t .
SS-C-35
State Form 37019
STATE OF INDIANA J A N 8 1981
OFFICE OF THE SECRETARY OF STATE
r
CERTIFICATE OF AMENDMENT --1 4()9
OoVM alarm ROMaOM Or M NM NORTMST INC.
C11 '
To Whom These Presents Come, Greeting:
1, EDWIN J. SIMCOX, Secretary of State of Indiana, hereby certify that
— — NW NORTHWEST NEIGHBORHOOD,_ INC.
a corporation duly organized and existing under the laws of the State of Indiana, has this day filed
in the office;of the Secretary of State, Articles of Amendment showing an amendment to the
articles of incorporation of said company, in accordance with the
/ The Indiana Not -For -Profit Corporation Act of 1971
(IC 23-7-1.1).
WHEREAS, upon due examination, I find that they conform to law:
NOW, THEREFORE, 1, EDWIN J. SIMCOX, Secretary of State, hereby certify that I have this day
endorsed my approval upon all copies of Articles so presented, and, having received the fees
required by law, have filed one copy of the Articles in this office and returned the remaining copies
bearing the endorsement of my approval to the Corporation,
In Witness Whereof, 1 have hereunto set my hand and offixed
the seal of the State of Indiana, at the City of Indianapolis,
this —_-- _-- __ 18th — — day of
By
DRUMBER 80
19 ------
EDWIN J, SIMCOX, Secretary of State
Deputy
Corporate Form No. 364-2
Page Two
ARTICLES OF AMENDMENT
THE MANNER AND The above amendment was adopted in the following manner and by
VOTE BY WHICH the following vote, that is to say:
IT WAS ADOPTED
The Board of Directors of said Corporation, at a duly called meeting
of said Board held on August S, 1980
(Date)
at Holy Trinity Luthern Church, South Bend, Indiana
(Place)
adopted a resolution to propose the amendment, and the text of this
resolution was as follows:
Be it resolved that the Board of Directors of the South
Bend Homeowners of the Near Northwest, Inc. hereby propose to the
membership of the corporation that the name of the corporation as
set forth in Article I of the Articles of Incorporation filed on
September 4, 1974 with the Secretary of State of Indiana be and
hereby is changed to the following:
NEAR NORTHWEST NEICEBORHOOD, INC.
TEXT OF
RESOLUTION This proposed amendment shall be submitted to the member -
OF ship of the corporation at the annual election meeting in November
DIRECTORS of .1980.
Corporate Form No, 364-2
Page Three
ARTICLES OF AMENDMENT
This proposed amendment was submitted to a vote of the members entitled to vote thereon at (an)
annual meeting, held on the 1(Sth day oi' November , 19 0 , at- ._22 00 p. m.
(special or annual)
and the secretary was directed to give Notice thereof as required by law.
(13) At the members' meeting the members entitled to vote in respect of said amendment to the articles
of incorporation, upon the call and notice required by law, did adopt the above amendment(s) by the
affirmative votes of at least a majority of the votes entitled to be cast in regard to the amendment.
Section 1. Membership Vote with Respect to the Proposed Amendment
The number of Members entitled to vote in respect of such Articles of Amendment, the Members voting in
favor of the adoption of such Articles of Amendment, and the Members voting against such adoption, are as
follows:
Members entitled to vote.
Members voted in favor:
TOTAL
40
Members voted against:
Section 2. Compliance with Legal Requirements
The manner of the adoption of such 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.
0
In witness whereof the undersigned have unto set their hand and seal this___ Of December . I .__.
(President or Vice President)
State of
Indiana
(Sccret or Assistant Secretary)47
Count of St. Joseph NOTARY ACKNOWLEDGEMENT
Before me, Rebecca A. Wilcockson
ally appeared A1311es 5 , Leone
_, a notary public in and for said county and state, person -
and Aleene Phillips
well known to me to be the President _ and Secretary
(President or Vice President) (Secretary or Assistant Secretary)
respectively, of the above -named corporation and severally acknowledged the execution of the foregoing
Articles of Amendment.
Rebecca A. Wi oc�sonci .tary P ic) �44_
?n o
Marshall Counfiy, Indiana
(SEAL)
My commission expires April 9, 1984
ALLSUP. LEONE & CRONE
ATTORN-1111YS AT LAW
LAO 1;0l;TF1 TAYL.0 It ST14NN111
HOUTII 11111,M). INDIANA 46001
0ZLYhBN W, AI.L801'
CIIARMIUN H. LEONE
TEItItY A. CRON-111
Secretary of State
Corporations Division
Room #155, Statehouse
Indianapolis, Indiana 46204
Dear Sir or Madam:
December 16, 1980
(219) 23 -t 050
Enclosed please find for filing Articles of Amendment of the
Articles of Incorporation of South Bend Homeowners of the Near
Northwest, Inc., changing the name of the corporation to Near
Northwest Neighborhood, Inc. Also enclosed is a check for
$26.00 for the filing fee.
Thank you.
Very trul yours,
Charles. S . Lei/one
CSL/ss
enc.
Charles S. Leone
Attorney at Law
521 W. Colfax Avenue
South Bend, Indiana 46601
(219) 234-8050
April 61 1979
Secretary of State
Corporation Division
Room 155
Statehouse
Indianapolis, Indiana 46204
Dear Sir or Madam:
Enclosed please find an amendment to the Articles
of Incorporation of the South. Bend Homeowners of
the Near Northwest Inc. for filing.
Enclosed is a check for twenty-six dollars ($26.00)
for the filing of the amendment and the issuance of
the Certificate of .Amendment..
Very tr y oursr
f
Charles S. Leone
CSL/el
Enclosure
RoBERT F . ZIMMERMAN
ATTORNEY AT LAW
908 TOwLR HUILDIMO
SOUTH BEND, INDIANA 46601
NHw A DRZ68: AREA CODE PLC)
408 NATIONAL HANK $AILMNO 234-0071
September 3, 1974-
Secretary of State
State of Indiana
State House
Indianapolis, Indiana
In He: South Bend Home Owners of the Near Northwest, Inc.
Dear Sir;
I enclose herewith for filing Articles of Incorporation of South
1JG111.L 11vuLa WVWL4V 'L'a UL UiLC 1YCiQl iYV 1'U11WG��, .L114i• C% Y-L'U_1U0Gli 11UU 1U1
profit corporation. Kindly return to me the extra carbon copies
of these Articles.
I also enclose my check for $29.00, covering your fees.
Very truly yours,
36 K IZ—i �mnerman
UZ/ba
enclosures
Charles S. Leone
Attorney at Law
521 W. Colfax Avenue
South Bend, Indiana 46601
(219) 234-8050
June 7, 1979
Mr. Philip McCool
Corporate Counsel
Office of the Secretary
of State
Corporations Division
Statehouse
Indianapolis, Indiana 46204
Re: South Bend Homeowners of the Near Northwest, Inc.
Dear Mr. McCool:
Enclosed please find for filing, an amendment to the Articles
of Incorporation of the South Bend Homeowners of the Near
Northwest, Inc. Also enclosed is your letter of April 10,
1979, rejecting that filing and the two annual reports which
you required to be submitted along with the filing ,fees for
those reports.
Thank you for your prompt attention to this matter.
Very tr y yours,
Charles S. Leone
CSL/el
Enclosures
['ACHMENT Co. AGENCY ELIGIB
internal Revenue Service
District Director
Date: C��' � (� 1979
c South Bend Homeowners of The
Near Nbrthwest, Inc.
P. 0. Box 1132
South Bendv Indiana 46624
Dear Applicant:
Department of trip. Treasury
Employer Identification Number:
23�7414729
Accounting Period Ending:
December 31
Form 990 Required: Yes No
Person to Contact:
Joseph Russo
Contact Telephone Number:
(513) 684- 3578
. Based an information supplied, and assuming your operations will be as stated
in your application for recognition of exemption, we have determined you are exempt
from Federal income tax under section 501(c)(3) of the Internal Revenue Code.
'rle have i'urther determined that you are not a private found<tion within the
r.eanir:g of section 509(a) of the Code, because you are an organization described
in section 509(a)(2).
If your sources of support, or your purposes, character, or method of operatiar.
change, please let us know so we can consider the effect of the change on your
exempt status and foundation status. Also, you should inform us of all changes in
�Jour name or address.
Gener
allyyou are not liable for racial security (FICA) t:.�xes unless you file
a waiver of e:<emption certificate as provided in the Federal Ir.surar,ce Contributions
Act, If you have paid FICA taxes without filing the waiver, you should contact us.
You are not liable for the tax imposed under the Federal_ Unemployment Tax Act (FUTA) .
Since you are not a private foundation, you are not subject to the exG.;.:ye taxes
under Chapter 42 of the Code. However, you are not automatically exempt from other
Federal excise trues. If ,you have any questions about excise, employment, or other
vegeral taxes. please let us know.
Donors may deduct contributions to you as provided in section 170 0` to Cadel
fiequests, legacies, devises, transfers, or gifts to you or far your use are
deductible for Federal estate and gift tax purposes if they meet the applical?le
provisions of sections 2055, 2106, and 2522 of the Code.
The box checked in the heading of this letter shows whether you must file
Fcrm 990, Return of Organization Exempt from Income ta:c. If Yes is check��d, ycu
are required to file Form 990 only if your gross re0eipts each year are normally
more than $10,000, If a return is required, it must be filed by the 15th day of
of the fifth month, after the end of your annual accounting period. The la4rr imposes
a penalty of $10 a day, up to a maximum of $5,000, when a return is filed late,
u;=less there is reasonable cause for the delay.
nh
P.Q. Box 2508, Cincinnati, Ohio 45201 c°ve.7 Leiter 947(DO) (5-77)
You aro not required to f'.ily Federal incomf: tax returns unless you are subject
to the tax on unrelated business income under section 511 of the Code. If you are
subject to this tax, you must file an income tax return on Form 990-T. In this t
latter, we are not determining whether any of your present or proposed activities
are unrelated trade or business; as defined in section 513 of the Code.
You need an employer identification number even it' you have no employees.
If an employer idanti.ficatiozi number was not entered on ,your application, a
cumber will be assigned to you and you will be advised of it. Please use that
number on all returns you file and in all correspondence with the Internal Revenue
Service.
Because this letter could help resolve any questions about your exempt status
and foundation status, you should keep it in your permanent records.
If you have any questions, please contac;t the person ;vhose name and telephone
number are shown in the heading of this letter.
Sincerely yours, -
D . Za . James, Jr.
District Director
Letter 947(i3Q} (5-7y)
FORMER PROVISION
1, NA1�E , 'I.'11e name o f thi s
of the Near Northwest,
Profit Corporation Act
September 4 , 1974.
PRUPUSED PROVISION
1, NA�IE , The
borhood , I
ation Act
1974, The
owners of
corporation is South Bencl Homeowners
nC, , incorporated under' the Not -for.
of 1971, of the State of Indiana , on
name of this corporation is Near Northwest neigh-.
nc, incorporated under the Not- for Profit Corpor_
of 1971, of the State of Indiana, on September 4,
corporation was formerly known as South Bend Home.
the Near Northwest. Inc,.
I'OR�'�IER P3.�.UVISION
3 DEFINITIONS
(b} Corporation -The term corporation means the South Bend
Homeowners of the Near Northwest, Inc,
PROPOSED PROVISION ;
3 DEFTNITIUNS
(b} Corporation -The term corpor_atzon means Lveaw� Northwest
Neighborhood
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 12/19/2023
Name Joseph Molnar Department DCI
BPW Date 01/09/2024 Phone Extension 6022
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
Near Northwest Neighborhood Inc.
❑ Yes ❑ If Yes, Approved by Purchasing
❑ No
❑❑ ❑
MBE Completed E-Verify Form Attached ❑ Yes
No
Transfer of property to the Near Northwest Neighborhood Inc.
Request to transfer City property at 912 & 914 Harrison (in the NNN
neighborhood) to the NNN Inc. 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: