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HomeMy WebLinkAboutResolution 2020-01 (transfer of 620 S Rangeline to CMCDC)RESOLUTION NO.2020-01 A RESOLUTION OF THE CITY OF CARMEL REDEVELOPMENT COMMISSION REGARDING GRANT OF 620 S. RANGELINE 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(25), CRC may provide financial assistance (including grants and loans) to neighborhood development corporations to permit them to "construct, rehabilitate, or repair commercial property within the district"; and WHEREAS, Carmel Midtown Community Development Corporation ("CMCDC") is a nonprofit corporation organized and operating pursuant to the provisions of the Indiana Nonprofit Act of 1991, as amended, Indiana Code 23-17; and WHEREAS, CMCDC is a "neighborhood development corporation" for purposes of Indiana Code 36-7-14-12.2(25); and WHEREAS, the CRC owns that certain real estate commonly known as 620 S. Rangeline Road (the "CRC Real Estate"); and WHEREAS, the CRC Real Estate is commercial property within the "district" for purposes of Indiana Code 37-7-14-12.2(25); and WHEREAS, the CRC would work with CMCDC to ensure that CMCDC owns and operates the CRC Real Estate for the benefit, and in the best interests, of the CRC and the City; and WHEREAS, the CRC has determined that it is now in the best interests of the CRC to: (a) enter into a grant agreement (the "Grant Agreement") with CMCDC, pursuant to which the CRC will agree to grant to CMCDC the CRC Real Estate and all of the CRC's right, title, and interest in and to the existing leases, licenses, and other use agreements of the CRC Real Estate; and (b) provide administrative and other support to CMCDC in owning, operating, and managing the CRC Real Estate; all as authorized by Indiana Code 36-7-14-12.2 and -22(a) and other applicable law. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City of Carmel Redevelopment Commission that: 1. The foregoing Recitals are fully incorporated herein by this reference. 2. The CRC will execute and deliver the Grant Agreement, the terms of which shall be in a form approved by, and satisfactory to, the President and Executive Director of the CRC, with guidance from the CRC Finance Committee, 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 deliver 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 Grant Agreement, including, without limitation, a limited warranty deed to the CRC Real Estate and an assignment and assumption of leases and licenses. 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, with guidance from the CRC Finance Committee, 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 grant to CMCDC of the CRC Real Estate and the other matters contemplated by this Resolution. Adopted this � day of Q n t , 2020. CITY OF CARMEL REDEVELOPMENT/COMMISSION C- Member Member