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HomeMy WebLinkAboutResolution 2018-15 (PNC acquisition)RESOLUTION NO. 2018-15 A RESOLUTION OF THE CITY OF CARMEL REDEVELOPMENT COMMISSION REGARDING ACQUISITION OF 21 N. RANGLINE ROAD WHEREAS, the City of Carmel, Indiana (the "City") is an Indiana municipal corporation; and WHEREAS, the City of Carmel Redevelopment Commission (the "CRC") is a governmental entity created and authorized to administer certain redevelopment activities within the City; and WHEREAS, pursuant to Indiana Code 36-7-14-12.2(a)(1), the CRC may purchase real property for redevelopment within the corporate boundaries of the City; and WHEREAS, 21 N. Rangeline Road (the "Property") is real property within the corporate boundaries of the City; WHEREAS, pursuant to Indiana Code 36-7-14-19, the CRC initially offered to purchase the Property for $2,550,000.00, which amount represented the average of two independent appraisals of the Property; and WHEREAS, the owner of the Property, PNC Bank, National Association ("PNC"), accepted the CRC's initial offer to sell the Property to CRC for the average of the two appraisals, subject to all existing encumbrances, including a lease with Land Holding, LLC, an affiliate of PNC (the "PNC Lease"); and WHEREAS, the CRC has determined that it is now in the best interests of the CRC to enter into an agreement of sale (the "Purchase Agreement") with PNC, pursuant to which the CRC will acquire the Property from, PNC for $2,550,000.00 subject to all existing encumbrances, including the PNC Lease, as authorized by Indiana Code 36-7-14 and other applicable law. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City of Carmel Redevelopment Commission that: The foregoing Recitals are fully incorporated herein by this reference. 2. The CRC will execute and deliver the Purchase Agreement that will provide for a purchase price for the Property of $2,550,000.00, subject to prorations and closing costs and fees as set forth in the Purchase Agreement, which shall be in a form approved by, and satisfactory to, the President and Executive Director of the CRC, which approval and satisfaction shall be conclusively evidenced by the execution and delivery thereof by the President, Vice President, Secretary, and/or Executive Director of the CRC. 3. The CRC will execute and delivery such other agreements, instruments, certificates, and other documents, and perform and observe such other actions, covenants, and obligations, as necessary or desirable in connection with the Purchase Agreement and/or the CRC's acquisition of the Property. 4. Each agreement, instrument, certificate, and other document contemplated by this Resolution to be executed and delivered by the CRC shall be in a form approved by, and satisfactory to, the President and Executive Director of the CRC, which approval and satisfaction shall be conclusively evidenced by the execution and delivery thereof by the President, Vice President, Secretary, and/or Executive Director of the CRC. 5. The President and Executive Director of the CRC are authorized to execute and deliver all of the agreements, instruments, certificates, and other documents contemplated by this Resolution to be executed and delivered by the CRC. In the absence of the President and/or Executive Director, the Vice President and/or Secretary of the CRC shall be authorized to execute and deliver all of the agreements, instruments, certificates, and other documents contemplated by this Resolution to be executed and delivered by the CRC. The President, Executive Director, Vice President, and/or Secretary are further authorized take all other lawful actions necessary in connection with the Purchase Agreement and the other matters contemplated by this Resolution. Adopted this 19th day of December, 2018. CITV OF CAR -MEL REDEVELOPMENT COMMISSION Member