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HomeMy WebLinkAboutResolution No. 3660 Certificate of Completion (Property Bros.) - SignedSouth Bend Redevelopment Commission 215 S. Dr. Martin Luther King, Jr. Blvd., Room 301, South Bend, Indiana Redevelopment Commission Agenda Item D ATE : 12/3/25 FROM: Joseph Molnar – Assistant Director of Growth & Opportunity SUBJECT: Resolution No. 3660 Approving Certificate of Completion for Property Bros LLC and Authorizing Related Acts Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res. * Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller, then the authorization of the expenditure of such funds shall be void and of no effect. PURPOSE OF REQUEST: Approving Resolution No. 3660 Approving Certificate of Completion for Property Bros LLC and Authorizing Related Acts SPECIFICS: On June 13, 2024, the RDC and Property Bros LLC entered into a Real Estate Purchase Agreement, as further amended by the first amendment dated December 11, 2025, if approved by the Commission, (the “Agreement”) for property located at 619 & 620 Sherman Ave in order to construct new duplexes with six (6) total new residential units. Property Bros LLC has completed the construction of all required housing units and has performed all of the Buyer’s Post-Closing Development Obligations as required under the Agreement and provided the appropriate documentation. -Within Thirty-Six (36) Months after Closing expend no less than $1,575,000.00 on improvements to the site o Property Bros LLC expended greater than $1,575,000 on improvements to the site -Commence Construction within Twelve (12) Months of Closing Date o Property Bros LLC began construction within Twelve (12) months of Closing Date -Complete Construction within Thirty-Six (36) Months of Closing Date o Property Bros LLC completed construction within Thirty-Six months of Closing Date -Construct Six (6) new residential units on site o Property Bros LLC has constructed the required six (6) new residential units at this site and Certificates of Occupancy have been issued. o Property Bros LLC was able to complete these new residential units utilizing only two of the three parcels that were transferred to their ownership. ______________ ___________Pres/V-Pres ATTEST: __________ ________Secretary Date: _____________ _______ APPROVED Not Approved SOUTH BEND REDEVELOPMENT COMMISSION December 11, 2025  South Bend Redevelopment Commission 215 S. Dr. Martin Luther King, Jr. Blvd., Room 301, South Bend, Indiana The proposed Resolution permits Staff to record the Certificate of Completion only after the parcel located at 1021 ½ 1023 ½ Lincoln Way West is transferred back to the Commission’s ownership per the proposed first amendment. RESOLUTION NO. 3660 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING THE CERTIFICATE OF COMPLETION FOR PROPERTY BROS LLC AND AUTHORIZING RELATED ACTS WHEREAS, the South Bend Redevelopment Commission ("Commission") exists and operates pursuant to the Redevelopment of Cities and Towns Act of 1953 (Ind. Code § 36-7-14 et seq., the “Act”); and WHEREAS, in furtherance of its purposes under the Act, the Commission entered into a certain Real Estate Purchase Agreement by and between the Commission and Property Bros LLC (the “Buyer”), dated June 13, 2024, as further amended by the First Amendment to Real Estate Purchase Agreement dated December 11, 2025 (the “Agreement”); and WHEREAS, under the original Agreement, three parcels of property were conveyed to Buyer in exchange for Buyer’s agreement to complete certain Post-Closing Development Obligations on those three parcels; and WHEREAS, the Buyer has performed all of its Post-Closing Development Obligations with regard to two of the parcels (the “Completed Parcels”), and the Commission wishes to acknowledge and affirm such completion the Completed Parcels by issuing a Certificate of Completion; and WHEREAS, the Commission and the Buyer agreed to create a voluntary process to allow Buyer to reconvey the remaining parcel of the Property that was not developed (the “Undeveloped Parcel”) back to the Commission; and WHEREAS, the Commission desires to issue a Certificate of Completion for the Completed Parcels, and upon confirmation of the reconveyance of the Undeveloped Parcel to the Commission and proper recordation thereof, cause the Certificate of Completion recorded. NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission as follows: 1.The Commission hereby approves and the Certificate of Completion for the Completed Parcels in the form attached hereto as Exhibit A and authorizes the President and Secretary of the Commission to execute and attest, respectively, said Certificate of Completion. 2.The Certificate of Completion shall be held in escrow by the City’s Department of Community Investment until the Undeveloped Parcel is reconveyed to the Commission by Buyer and properly recorded. 3.Upon proof of the reconveyance of the Undeveloped Parcel to the Commission and proper recordation thereof with the St. Joseph County Recorder’s Office, the Commission directs and authorizes Joseph Molnar or Erin Michaels of the City’s Department of Community Investment to present for recordation to the Recorder of St. Joseph County, Indiana, the Certificate of Completion, as well as any other document necessary to release the Commission’s reversionary interest in the Completed Parcels specified in the Certificate of Completion. 4.This Resolution shall be in full force and effect after its adoption by the South Bend Redevelopment Commission. ADOPTED at a meeting of the South Bend Redevelopment Commission held on December 11, 2025. SOUTH BEND REDELOPMENT COMMISSION ___________________________ Troy Warner, President ATTEST: _______________________ Eli Wax, S ecretary EXHIBIT A Certificate of Completion CROSS REFERENCE: Document No. 2024-22418, recorded September 24, 2024 CERTIFICATE OF COMPLETION This Certificate of Completion (this “Certificate”) is issued on December 11, 2025, by the City of South Bend, Indiana, Department of Redevelopment, acting by and through its governing body, the South Bend Redevelopment Commission (the “Commission”), pursuant to that certain Real Estate Purchase Agreement by and between the Commission and Property Bros LLC (the “Buyer”), dated June 13, 2024, as further amended by the First Amendment to Real Estate Purchase Agreement dated December 11, 2025 (the “Agreement”). The Commission states as follows: 1.Pursuant to the Agreement, the Commission conveyed to the Buyer the real property described in attached Exhibit A (the “Property”) by the special warranty deed recorded on September 24, 2024 as Document No. 2024-22418 in the Office of the Recorder of St. Joseph County, Indiana (the “Deed”). 2.Section 11 of the Agreement established certain obligations of the Buyer following its acceptance of the Deed from the Commission (the "Buyer’s Post-Closing Development Obligations"). The Commission hereby acknowledges and affirms that the Buyer has performed all of the Buyer’s Post-Closing Development Obligations pertaining to the Property described in Exhibit A as required under the Agreement, and has provided satisfactory evidence of the same. 3. This Certificate will serve as a conclusive determination of the Buyer’s satisfaction of the Buyer’s Post-Closing Development Obligations and, upon recordation, will constitute a full release of the Commission’s reversionary interest in the only the Property described in Exhibit A attached hereto established under the Deed and Section 11 of the Agreement. 4.This Certificate does not amend or otherwise alter the Agreement, and this Certificate shall be binding upon the Commission and its successors and assigns and shall inure to the benefit of the Buyer and her successors in interest. [Signature page follows.] EXHIBIT A Description of Property Parcel I Key Number: 71-08-02-335-005.000-026 Local Parcel Number: 018-1074-3128 Legal Description: Lot 5 Cushings 1st Commonly Known As: 620 Sherman Avenue Parcel II Key Number: 71-08-02-334-013.000-026 Local Parcel Number: 018-1074-3109 Legal Description: Lot 48 Cushings 1st Commonly Known As: 619 Sherman Avenue