HomeMy WebLinkAboutReal Property Transfer Agreement - Advantix Development Corporation - Action Item 6-5-25REAL PROPERTY TRANSFER AGREEMENT
This Real Property Transfer Agreement is entered into as of June 5, 2025 (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 10t' Street, Evansville, Indiana 47713 ("Advantix" or 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. 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 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 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 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. 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superseded or amended and currently remain in full force and effect; and (c) Advantix is currently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 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 July 31, 2025 (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 or Erin Michaels 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; Severabili1y. 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. 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
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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.]
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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
Elizabeth A. Maradik, President
Joseph R. Molnar, Vice President
Gary A. Gilot, Member
Breana Micou, Member
Murray L. Miller, Member
ATTEST:
Theresa M. Heffner, Clerk
Date: June 5, 2025
ADVANTIX DEVELOPMENT
CORPORATION
an Indi`a1na non-profit corporation
By:
�� Timothy L. Martin, VP & COO
El
EXHTRIT A
Description of Property
Parts of Lots Numbers One (1), Two (2), Three (3), and Four (4) as shown on the recorded plat
of Smith and Jackson Subdivision of Lots Numbers 7, 8, 9, 12, 13, 14, and 15 in Kent and
Garrison's Division of Out Lot 1 in Hendricks and Grant's Northwest Addition to the city of
South Bend, Indiana, described as all of the Southern portions of above said Lots that are South
of the following described line:
Beginning at a point on the West line of Lot 4 which is 6 feet North of the Southwest corner of
said Lot 4; thence Southeasterly to a point on the East line of said Lot 4 (West line of Lot 3)
which point is 15 feet Northerly from the Southeast corner of said Lot 4; thence continuing
Easterly to a point on the East line of Lot 3 (West line of Lot 2) which point is 28 feet Northerly
from the Southeast corner of said Lot 3; thence continuing Northeasterly to a point on the East
line of Lot 2 (West line of Lot 1) which point in 15 feet Southerly from the Northwest corner of
said Lot 1; thence continuing Northeasterly to a point on the North line of Lot 1 (South line of
Lot 9) which point is 15 feet Southeasterly from the Northwest corner of said Lot 1: thence
continuing Northeasterly to the Northeast corner of Lot 9 which point is the point of termination
for the above -described line.
Also known as:
Parcel I
Parcel: 018-1055-235901
State Parcel: 71-08-02-459-009.000-026
Legal Description: S & E end Lots 12 3 & 4 Smith & Jacksons Sub 27/28 #790 3/30/1988 fr
2359
Parcel II
Parcel: 018-1055-235801
State Parcel: 71-08-02-459-010.000-026
Legal Description: SE corn Lot 9 Smith & Jacksons Sub 27/28 #790 3/30/1988 fr 2359
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 Quit Claim Deed
AUDITOR'S RECORD
TRANSFER NO.
TAXING UNIT
DATE
KEY NO. 018-1055-235901
018-1055-235801
QUIT CLAIM DEED
THIS INDENTURE WITNESSETH THAT the Civl 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, of Vanderburgh County, Indiana ("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 6#1 day of , 2025.
GRANTOR:
City of South cnd. Indiana, by and through its Board of
Public Wor s
By: VVC
Elizabeth Maradik, President
ATTEST:
By:
PkrLaa He;ffne , Merk
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY" }
,-- Before me, the undersigned, a Notary Public for and in said County and State this �1 day of
3VU , , 2025, 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 su cribed my name nd affixed my official seal.
(SEAL) e
I otary Public
sident of _ County, :a N
Commission expires: l r iulr'ek '3 o�oc�9
} LAURA D. HENSLEY
Notary Public - Seal
St Jaseph County - State of Indiana
Mail tax duplicates to: 500 SE loth Street, Evansville, IN 47713 COramisaion Number NP0732150
My Commission Expires Mar 3, 2029
Property address: N.W. corner of Lincolnway West and Chapin
Grantee's Address: 500 SE loth Street, Evansville. IN 47713
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. Danielle Campbell Weiss
Prepared by Danielle Campbell Weiss, Assistant City Attomey. 1200 S. County -City Building. 227 W. Jefferson Blvd., South
Bend. Indiana 46601
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 6/3/25
Name Joseph Molnar
Department DCI
BPW Date June 5, 2025 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 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
Amount of
Previous Amount
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 2 lots to Advantix in
support of that project.
or Change Orders Onlv
❑ Increase
❑ Decrease
Current Percent of Change:
New Amount
Increase
Decrease
Increase
Total Percent of Change: Decrease
Time Extension Amount:
New Completion Date: