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HomeMy WebLinkAboutCC-03-04-24-03 Approving the Lease of Lakeshore Drive PropertySPONSOR(s): Councilor Aasen This resolution was prepared by Sergey Grechukhin, Interim City Attorney, on 2/23/24 at 9:10 AM. No subsequent revision to this Resolution has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise. RESOLUTION NO. CC-03-04-24-03 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, REGARDING LEASE OF REAL PROPERTY TO THIRD PARTY Synopsis: Resolution approves the lease of real property located at 10583 Lakeshore Drive East that is not needed for a public purpose and establishes minimum monthly rent. WHEREAS, the City of Carmel, Indiana (the “City”) acquired certain property located at 10583 Lakeshore Drive East, Carmel, Indiana consisting of a residential single-family dwelling (the “Property”) for the purpose of constructing a roundabout at the intersection of Lakeshore Drive and 106th Street; and WHEREAS, due to funding constraints, the construction of said roundabout is not scheduled for a significant amount of time, and the Property is not currently needed for any public purpose; and WHEREAS, pursuant to Ind. Code 36-1-11-4(b), using the average of two appraisals, it has been determined that a fair market rental value of the Property is Two Thousand Five Hundred Fifty Dollars per month ($2,550/month) or Thirty-Six Thousand Six Hundred Dollars per year ($36,600/year); and WHEREAS, pursuant to Ind. Code 36-1-11-3(c), the fiscal body of a unit must approve every lease of real property for which the total annual rental payments will be Twenty-Five Thousand Dollars ($25,000) or more. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Carmel, Indiana as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The Common Council hereby approves the lease for the Property for up to three-year term or until the Property is needed for the construction of the roundabout or other public improvement, whichever is earlier. The Property shall be leased pursuant to I.C. 36-1-11- 10. The Property’s legal description is set forth in Exhibit A, which is attached and fully incorporated herein. 3. The minimum monthly rent for the Property shall not be less than Two Thousand Five Hundred Fifty Dollars per month ($2,550.00/month) adjusted by reasonable transactions costs and other expenses incurred by the City as result of such lease. Resolution CC-03-04-24-03 Page One of Three DocuSign Envelope ID: 02291DA3-AA8D-4E3A-A2A3-E116EB2C40CB SPONSOR(s): Councilor Aasen This resolution was prepared by Sergey Grechukhin, Interim City Attorney, on 2/23/24 at 9:10 AM. No subsequent revision to this Resolution has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise. 4. The Common Council hereby approves the BPW designation of James R. Crider, Chief of Staff for the City of Carmel, Indiana, as its agent to complete everything necessary for the lease transaction. James R. Crider is hereby authorized to execute all documents required in connection with the lease of the Property pursuant to this Resolution. 5. This Resolution shall take effect immediately upon its passage by the Common Council and approval of the Mayor. [Signature page follows] Resolution CC-03-04-24-03 Page Two of Three DocuSign Envelope ID: 02291DA3-AA8D-4E3A-A2A3-E116EB2C40CB SPONSOR(s): Councilor Aasen This resolution was prepared by Sergey Grechukhin, Interim City Attorney, on 2/23/24 at 9:10 AM. No subsequent revision to this Resolution has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise. SO RESOLVED, by the Common Council of the City of Carmel, Indiana this _____ day of _______________, 2024, by a vote of _____ ayes and _____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL Anthony Green, President Adam Aasen, Vice-President Jeff Worrell Teresa Ayers Shannon Minnaar Ryan Locke Matthew Snyder Rich Taylor Anita Joshi ATTEST: Jacob Quinn, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this _____ day of _______________, 2024, at __________ ____. M. Jacob Quinn, Clerk Approved by me, Mayor of the City of Carmel, Indiana this _____ day of _______________, 2024, at __________ ____. M. Sue Finkam, Mayor ATTEST: Jacob Quinn, Clerk Resolution CC-03-04-24-03 Page Three of Three DocuSign Envelope ID: 02291DA3-AA8D-4E3A-A2A3-E116EB2C40CB March 11:30 18th 9 March A 0 19th 19th March A11:15 SPONSOR(s): Councilor Aasen This resolution was prepared by Sergey Grechukhin, Interim City Attorney, on 2/23/24 at 9:10 AM. No subsequent revision to this Resolution has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise. EXHIBIT A LEGAL DESCRIPTION The legal description of the real estate located at 10583 Lakeshore Drive East, Carmel, Indiana, 46033 is: Section 8, Township 17, Range 4 BRIAR CREEK Section 1 Lot 6 CONTAINING 21,380 SQUARE FEET, MORE OR LESS. DocuSign Envelope ID: 02291DA3-AA8D-4E3A-A2A3-E116EB2C40CB