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Home My WebLink AboutResolution No 26-2026 Resolution Intend Certificate of Completion for 19 Homes RESOLUTION NO. 26-2026 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS APPROVING A CERTIFICATE OF COMPLETION FOR AFFORDABLE HOMEMATTERS INDIANA LLC RELATING TO BUYER’S POST-CLOSING DEVELOPMENT OBLIGATIONS WHEREAS, the City of South Bend, Indiana’s (the “City”) Board of Public Works (“the Board”) exists pursuant to Indiana Code Section 36-4-9-5, as amended from time to time (the “Act”); and WHEREAS, the City, pursuant to that certain Real Property Transfer Agreement by and between the City and Affordable HomeMatters Indiana LLC (the “Buyer”), dated June 25, 2024 (the “Agreement”) conveyed to the Buyer certain real property, including the parcels described in attached Exhibit 1 (the “Property”) by the special warranty deed recorded on October 10, 2024 as Document No. 2024-23970 in the Office of the Recorder of St. Joseph County, Indiana; and WHEREAS, Section 7 of the Agreement established certain obligations of the Buyer following its acceptance of the Deed from the City (the "Buyer’s Post-Closing Development Obligations"); and WHEREAS, the Property conveyed pursuant to the Agreement consists of multiple parcels, some of which have satisfied the Buyer’s Post-Closing Development Obligations and others of which have not; and WHEREAS, the City hereby acknowledges and affirms that the Buyer has performed all of the Buyer’s Post-Closing Development Obligations that are applicable to the parcels described in Exhibit 1 and has provided satisfactory evidence of the same; and WHEREAS, the proposed form of Certificate of Completion applies only to the parcels described in Exhibit 1 and does not release any obligations or reversionary interests applicable to any other parcels conveyed pursuant to the Agreement; and WHEREAS, in order to release the City’s reversionary interest in the parcels described in Exhibit 1, the City must issue and record a Certificate of Completion as a conclusive determination of the Buyer’s satisfaction of the Buyer’s Post-Closing Development Obligations with respect to such parcels; and WHEREAS, the form of the proposed Certificate of Completion has been presented to the Board at this public meeting and is attached hereto as Exhibit 1. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, AS FOLLOWS: SECTION 1. The Board hereby approves the form of Certificate of Completion attached as Exhibit 1, substantially in the form presented at this meeting, with such non-material modifications as may be approved by legal counsel for the City prior to execution and recording. SECTION 2. This Resolution shall take effect, and be in full force and effect, upon passage and approval by the Board, in conformance with applicable law. -2- ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana held in person and electronically on August 11, 2026. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS ____________________________ ____________________________ Elizabeth A. Maradik, President Joseph R. Molnar, Vice President _____________________________ ____________________________ Murray L. Miller, Member Breana N. Micou, Member _____________________________ ___________________________ Abigail E. Magas, Member Attest: Hillary R. Horvath, Clerk Date: ______________________ EXHIBIT 1 Form of Certificate of Completion -2- CROSS REFERENCE: Document No.2024-23970, recorded October 10, 2024 CERTIFICATE OF COMPLETION This Certificate of Completion (this “Certificate”) is issued on August 11, 2026, by the City of South Bend, Indiana, by and through its Board of Public Works (the “City”), pursuant to that certain Real Property Transfer Agreement by and between the City and Affordable HomeMatters Indiana LLC (the “Buyer”), dated June 25, 2024 (the “Agreement”). The City states as follows: 1. Pursuant to the Agreement, the City conveyed to the Buyer certain real property, including that which is described in attached Exhibit 1 (the “Property”) by the special warranty deed recorded on October 10, 2024 as Document No. 2024-23970 in the Office of the Recorder of St. Joseph County, Indiana (the “Deed”). 2. Section 7 of the Agreement established certain obligations of the Buyer following its acceptance of the Deed from the City (the "Buyer’s Post-Closing Development Obligations"). The City hereby acknowledges and affirms that the Buyer has performed all of the Buyer’s Post-Closing Development Obligations that are applicable to the Property described in Exhibit 1 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 City’s reversionary interest in the Property established under the Deed and Section 7 of the Agreement. 4. This Certificate solely applies to the Property described in Exhibit 1 attached hereto. The City’s release of its reversionary interest is limited to the Property and shall not apply to any other real property conveyed pursuant to the Agreement. All reversionary interests and other rights of the City relating to such other real property shall remain in full force and effect. 5. This Certificate does not amend or otherwise alter the Agreement, and this Certificate shall be binding upon the City and its successors and assigns and shall inure to the benefit of the Buyer and her successors in interest. [Signature page follows.] -4- EXHIBIT 1 Description of Property Parcel I Tax ID No. 018-1032-1392 Parcel Key Number: 71-08-02-380-001.000-026 Legal Description: Lot 21 Birner Place Add Commonly known as: 516 Blaine Parcel II Tax ID No. 018-1035-1519 Parcel Key Number: 71-08-02-378-017.000-026 Legal Description: Lot 34 Ex 38.2'E End J N Lederers Add Commonly known as: 528 Blaine Parcel III Tax ID No. 018-1036-1579 Parcel Key Number: 71-08-02-377-031.000-026 Legal Description: Lot 11 Klingels Mich Ave Add Sub of D Commonly known as: 529 Blaine Parcel IV Tax ID No. 018-1036-1578 Parcel Key Number: 71-08-02-377-030.000-026 Legal Description: Lot 10 Klingels Mich Ave Add Sub Of D & F Commonly known as: 533 Blaine Parcel V Tax ID No. 018-1035-1517 Parcel Key Number: 71-08-02-378-015.000-026 Legal Description: Lot 32 Lederers Add Commonly known as: 536 Blaine Parcel VI Tax ID No. 018-1035-1515 Parcel Key Number: 71-08-02-378-013.000-026 Legal Description: Lot 30 J N Lederers Add Commonly known as: 602 Blaine Parcel VII Tax ID No. 018-1035-1513 Parcel Key Number: 71-08-02-378-011.000-026 Legal Description: Lot A Lederer's Sub of Outlot A-First LLA 27/28 LLA #845 4/16/2026 Commonly known as: 606 Blaine -5- Parcel VIII Tax ID No. 018-1036-1571 Parcel Key Number: 71-08-02-377-027.000-026 Legal Description: Lot 7 Klingels Mich Ave Add Sub Of D & F Commonly known as: 607 Blaine Parcel IX Tax ID No. 018-1035-1511 Parcel Key Number: 71-08-02-378-009.000-026 Legal Description: Lot 27 J N Lederers Add Commonly known as: 614 Blaine Parcel X Tax ID No. 018-1032-1410 Parcel Key Number: 71-08-02-380-016.000-026 Legal Description: Lot 33 Birner Place Add Commonly known as: 1109 Birner Parcel XI Tax ID No. 018-1033-1438 Parcel Key Number: 71-08-02-381-006.000-026 Legal Description: Lot 48 Birner Place Add Commonly known as: 1110 Birner Parcel XII Tax ID No. 018-1032-1409 Parcel Key Number: 71-08-02-380-015.000-026 Legal Description: 1113 Birner Commonly known as: Lot 34 Birner Place Add Parcel XIII Tax ID No. 018-1033-1436 Parcel Key Number: 71-08-02-381-004.000-026 Legal Description: Lot 46 Birner Pl Add Commonly known as: 1118 Birner Parcel XIV Tax ID No. 018-1032-1406 Parcel Key Number: 71-08-02-380-012.000-026 Legal Description: Lot 38 Birner Place Add Commonly known as: 1125 Birner Parcel XV Tax ID No. 018-1036-1565 Parcel Key Number: 71-08-02-377-005.000-026 Legal Description: Lot 5 Klingels Mich Ave Add Sub Of D & F Commonly known as: 1130 Lincoln Way W -6- Parcel XVI Tax ID No. 018-1032-1394 Parcel Key Number: 71-08-02-380-003.000-026 Legal Description: Lot 23 Birner Place Add Commonly known as: 1132 Harvey Parcel XVII Tax ID No. 018-1032-138201 Parcel Key Number: 71-08-02-378-028.000-026 Legal Description: Lot B Birner Place Add First Lot Line Adj 27/28 LLA #844 4/16/2026 Commonly known as: 1133 Harvey Parcel XVIII Tax ID No. 018-1032-1393 Parcel Key Number: 71-08-02-380-002.000-026 Legal Description: Lot 22 Birner Place Add Commonly known as: 1134 Harvey Parcel XIX Tax ID No. 018-1032-1381 Parcel Key Number: 71-08-02-378-027.000-026 Legal Description: Lot A Birner Place Add First Lot Line Adj 27/28 LLA #844 4/16/2026 Commonly known as: 1135 Harvey BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 8/3/2026 Name Erin Michaels Department DCI BPW Date 8/11/2026 Phone Extension 5931 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name BPW Attorney Attorney Name Dept. Attorney Attorney Name Danielle Campbell Weiss Purchasing 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 Other: Temporary License Agreement Ease./Encroach Required Information Company or Vendor Name Affordable HomeMatters Indiana LLC New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Resolution Approving Certificate of Completion for Affordable HomeMatters Indiana LLC Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Resolution approving form of Certificate of Completion for 19 completed homes per the Real Property Transfer Agreement between BPW and Affordable HomeMatters dated June 25, 2024 For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: