Resolution No 12-2022 - Authorizing Staff to Record Restrictive Covenants Required for the Performance of Lead Hazard Control Services

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1 RESOLUTION NO. 12-2022 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING STAFF TO RECORD RESTRICTIVE COVENANTS REQUIRED FOR THE PERFORMANCE OF LEAD HAZARD CONTROL SERVICES WHEREAS, the City of South Bend, Indiana (the “City”), accepted grants for lead hazard reduction (the “Program”) from the Indiana Housing and Community Development Authority and the United States Department of Housing and Urban Development (“HUD”); and WHEREAS, the City executed certain grant documents and the Program is administered by the City’s Department of Community Investment (“DCI”); and WHEREAS, the grant documents require that the Program include a process by which units made lead-safe under the Program are marketed toward and priority given to families with children under six (6) years of age for a period of no less than three (3) years; and WHEREAS, the City’s process includes the execution and recordation of a Lien and Restrictive Covenant Agreement for Rental Property (“Agreement”), in substantially the same form as attached hereto as Exhibit A, which sets forth the requirements that must be met for the required three (3)-year period in exchange for participation in the Program; and WHEREAS, the Agreement applies only to rental properties and creates a duty for landlords participating in the Program to market and give priority in renting units to income- eligible families with children under the age of six (6) and documenting all efforts to comply; and WHEREAS, DCI anticipates that a number of such Agreements will be executed throughout the course of the Program; and WHEREAS, the Board of Public Works (the “Board”) exists pursuant to Indiana Code Section 36-4-9-5 and is the appropriate body to hold real estate interests of the City pursuant to Indiana Code Section 36-9-6-3; and WHEREAS, the Board desires to authorize the execution of such Agreements as needed and without additional presentation to the Board, provided that such Agreements are in substantially the same form as attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND AS FOLLOWS: 1.The Board reaffirms its approval of the grant documents in furtherance of the Program. 2.The Board authorizes the President or Vice President and the Clerk of the Board to execute the Agreement on its behalf with regard to any rental property that is a part of the Program, provided that such Agreement is in substantially the same form as Exhibit A.