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HomeMy WebLinkAboutG-2025-001-Accepting Transfer of Central Park1 RESOLUTION NO. G – 2025 – 001 RESOLUTION OF THE CARMEL/CLAY BOARD OF PARKS AND RECREATION ACCEPTING THE TRANSFER OF CENTRAL PARK The Carmel/Clay Board of Parks and Recreation (the “Board”) met at a duly called and authorized meeting of the Board held on the date set forth below, such meeting being called pursuant to a notice stating the time, place and purpose of the meeting receive d by all of the Board Members, and the following Resolutions were made, seconded and adopted by a majority of those present at the meeting, which constituted a legal quorum of the Board. WHEREAS, the Carmel Clay Parks Building Corporation (the “Corporation”) is the owner of the property known as “Central Park,” located in Carmel, Indiana and all improvements thereon, including the Monon Community Center and all related infrastructure and improvements (collectively “Central Park”); and WHEREAS, the Corporation issued its Carmel Clay Parks Building Corporation Lease Rental Refunding Bonds, Series 2015A and B (the “Bonds”) to refinance the original purchase and construction of improvements in Central Park; and WHEREAS, the Corporation entered into a certain Lease Agreement and Option to Purchase with Clay Township of Hamilton County, Indiana (the “Township”) recorded with the Recorder of Hamilton County as Document No. 200400073542, as amended (the “Lease”); and WHEREAS, the Township entered into a Sublease and Management Agreement (the “Sublease”) with the Board which transfers to the Board all right, powers, responsibilities and duties of the Township as the Lessee under the Lease; and WHEREAS, the Lease and the Sublease provide that upon the final lease payment under the Lease by the Township on January 15, 2025, the Corporation shall transfer Central Park to the Board; and WHEREAS, the Corporation desires to transfer Central Park and all improvements thereon to the Board and the Board desires to authorize the President of the Board to take all action, and to execute all documents necessary to accept the transfer of Central Park pursuant to the terms of the Lease, the Sublease and Ind. Code §36-1-10-9(b); and WHEREAS, the Corporation has approved the transfer of Central Park and all improvements thereon to the Board by Resolution and has authorized the President of the Corporation to deliver all documents necessary to transfer title thereto to the Board; and Docusign Envelope ID: 51757F30-114C-4EB1-A538-A0829E122E91 2 WHEREAS, the Board desires to accept the transfer of Central Park and the delivery of the transfer documents and all additional documents or papers related thereto necessary to vest title to Central Park in the Board. NOW, THEREFORE, BE IT RESOLVED BY THE CARMEL/CLAY BOARD OF PARKS AND RECREATION THAT: 1. The Board hereby accepts the transfer of Central Park and the delivery of the transfer documents, and all additional documents or papers related thereto necessary to vest title to Central Park in the Board. 2. The Board authorizes, empowers and directs its President, Judith F. Hagan, to receive and record all transfer documents and to execute all additional documents or papers related thereto necessary to vest title to Central Park in the Board. 3. The President is further authorized, empowered and directed to take all additional action necessary to vest title to Central Park and the Board and to release all documents related to the Bonds, the Lease and the Sublease. 4. This Resolution shall take effect immediately upon its adoption. [Signature page follows] Docusign Envelope ID: 51757F30-114C-4EB1-A538-A0829E122E91 3 APPROVED AND ADOPTED by the Carmel/Clay Board of Parks and Recreation on this 14th day of January 2025, by a vote of 7 ayes and 0 nays. CARMEL/CLAY BOARD OF PARKS AND RECREATION Judith F. Hagan, President _X__ ___ Aye Nay Jenn Kristunas, Vice-President _X__ ___ Aye Nay Lin Zheng, Treasurer _X__ ___ Aye Nay Mark Westermeier, Secretary _X__ ___ Aye Nay Jonathan Blake _X__ ___ Aye Nay James D. Garretson _X__ ___ Aye Nay Katie Mueller _X__ ___ Aye Nay Jon Shapiro _Absent__ Aye Nay _______________________ ___ ___ Aye Nay CERTIFICATION I certify under the penalties of perjury that the foregoing members of the Carmel/Clay Board of Parks and Recreation voted as indicated above at a public meeting on January 14, 2025. _____________________________ Judith F. Hagan, President Docusign Envelope ID: 51757F30-114C-4EB1-A538-A0829E122E91