HomeMy WebLinkAbout06-19-19-04/A Resolution of the Board of Public Works and Safety of the City of Carmel, Indiana Transferring Properties and Approving Limited Warranty Deeds and Sublease and Management Agreements RESOLUTION NO.BPW 06-19-19-04
RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY
OF THE CITY OF CARMEL,INDIANA TRANSFERRING PROPERTIES AND
APPROVING LIMITED WARRANTY DEEDS AND Q RC!%
SUBLEASE AND MANAGEMENT AGREEMENTS
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WHEREAS, the Common Council of the City of Carmel, Indiana (the "City") has
approved an Interlocal Cooperation Agreement with Clay Township of Hamilton County,
Indiana (the "Township") for Public Facilities and Equipment Financing, Construction and
Maintenance to be recorded with the Hamilton County Recorder when executed (the "Interlocal
Agreement"); and
WHEREAS, the Interlocal Agreement provides for the transfer by the City and the
Township of certain public safety facility sites currently owned by the City and the Township
(the "Facility Sites") to the Carmel Clay Municipal Building Corporation (the `Building
Corporation") for the purposes of constructing improvements thereon and leasing the improved
Facility Sites to the Township under the provisions of I.C. 36-1-10 pursuant to three (3) Lease
Agreements to be entered into between the Township and the Building Corporation (the
"Leases"); and
WHEREAS, the Interlocal Agreement further provides for the sublease by the Township
of the improved Facility Sites to the City for the use and occupancy of the Cannel Fire
Department and for other governmental uses consistent with the Leases; and
WHEREAS, the Board desires to approve a form of Limited Warranty Deed for transfer
of the Facility Sites to the Building Corporation and a form of Sublease and Management
Agreement(the"Sublease") with the Township for the purposes of effecting each such sublease.
NOW THEREFORE, BE IT RESOLVED, by the City of Carmel Board of Public
Works and Safety("Board") as follows:
SECTION 1. The above recitals are incorporated herein as if set out in full.
SECTION 2. The Limited Warranty Deeds (the "Deeds") in the form attached hereto as
Exhibit"A" are hereby approved and confirmed in every way.
SECTION 3. The Subleases in the form attached hereto as Exhibit "B" are hereby
approved and confirmed in every way, subject to the final execution of the Leases and the
conditions to effectiveness contained therein.
SECTION 4. The Mayor of the City (the "Mayor") and the members of the Board are
hereby authorized, empowered and directed to execute the Deeds and the Subleases and
any amendments thereto, with such revisions as are agreed upon by them as evidenced by
their execution thereof, without further action or approval of the Board.
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SECTION 5. The Mayor is hereby authorized, empowered and directed to take any and
all further actions, and to execute all documents necessary to give effect to and enter into
the transfer of the Facility Sites, the Deeds, the Leases and the Subleases in accordance
with the provisions thereof, and any and all action heretofore taken in this regard is
hereby ratified and approved in every way.
SECTION 6. The Mayor is hereby further authorized, empowered and directed to take
any and all further actions in furtherance of the provisions of the Interlocal Agreement
and to enter into and finalize the transactions with the Corporation and the Township
authorized or anticipated therein and in all resolutions supplemental thereto previously
approved by the Board.
SECTION 7. This Resolution shall be in full force and effect immediately upon its
passage.
Adopted by the Board of Public Works and Safety of the City of Carmel, Indiana, this
19th day of June, 2019.
CITY OF CARMEL,INDIANA
by its Board of Public Works and Safety
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James Brainard, Ma -r
II
Lori W. .41 Member
Mary • - Burke, Member
ATTEST:
hristine S. Pauley, Clerk-664