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Home My WebLink AboutG-2024-003-Resolution-of-Interest-Grand-Blvd_PropertiesRESOLUTION NO. G – 2024 – 003 RESOLUTION OF THE CARMEL/CLAY BOARD OF PARKS AND RECREATION REGARDING THE INTEREST IN AND AUTHORIZING THE PURCHASE OF REAL ESTATE 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 received 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 Board adopted the 2025-2029 Comprehensive Parks and Recreation Master Plan which provided an action plan with a 5-year strategic implementation of goals and objectives to continue the Board’s commitment to provide a quality park and recreation system; and WHEREAS, one of the identified strategies is to enhance park and recreation opportunities within the community, including the acquisition of additional parks and natural areas in underserved areas; and WHEREAS, acquisition and development of parkland and trails within the Central Core is identified in the 2025-2030 Zone Improvement Plan as infrastructure needed to address the recreational impact of new residential development; and WHEREAS, the Board is interested in the acquisition of real property that meets the needs of the Carmel Community as identified in the foregoing planning documents; and WHEREAS, Ind. Code 36-1-10.5 et seq.,(the "Act") sets forth the procedures required for political subdivisions and their agencies to purchase specified land or structures; and WHEREAS, the Act requires that the governing body of the political subdivision pass a Resolution of Interest expressing interest in the purchase of specified land or structures and directing the purchasing agent to proceed with the appointment of two (2) appraisers to appraise the fair market value of the land or structure; and WHEREAS, pursuant to Resolution P-2015-001 the Board adopted a Park Acquisition, Development & Disposal Policy (the "Policy") additionally requiring the adoption of Resolutions of Interest (the "Approving Resolutions") by the legislative bodies of the City of Carmel, Indiana (the "City") and Clay Township of Hamilton County, Indiana (the "Township") prior to proceeding with the purchase of property in an amount exceeding $25,000.00; and WHEREAS, the Board amended on September 18, 2010, by motion, the Purchasing Rules Manual (the "Manual") which defines the Fiscal Body as the Common Council of the City of Carmel, Indiana, and the Township Board of Clay Township of Hamilton County, Indiana; and WHEREAS, the Board is interested in expeditiously purchasing the property specified in Exhibit A attached hereto (the "Property"); and WHEREAS, the requirements of the Policy to obtain the Approving Resolutions could result in the Board's inability to timely tender an offer to purchase the Property; and Docusign Envelope ID: C9ACA5F6-BCB2-41FF-844F-22E7A0DFA150 WHEREAS, the approximately 1.66 acre parcel owned by Providence Commercial Partners LLC (Parcel No. 16-09-26-04-002.000) and 0.12- acre parcel owned by Providence Townhome Partners LLC (Parcel No. 16-26-00-13-020.000) located near the northeast intersection of Old Meridian Street and Grand Boulevard has been publicly listed for sale; and WHEREAS, the Board is interested in determining whether it is in the best interest of the Carmel Community to acquire the property identified and depicted in Exhibit "A" (the “Grand Boulevard Properties"). NOW, THEREFORE, BE IT RESOLVED BY THE CARMEL/CLAY BOARD OF PARKS AND RECREATION THAT: SECTION 1. The foregoing Recitals are incorporated herein by this reference. SECTION 2. The Board hereby expresses its interest in purchasing the Grand Boulevard Properties and authorizes and directs the President and/or the Director, and the Board Attorney, to take all actions necessary therefore, in compliance with the Act and the Policy, as amended from time to time, including the engagement of legal counsel. SECTION 3. The President, Director, and the Board Attorney are hereby authorized, empowered, and directed to take all actions necessary to tender an Offer to Purchase the Grand Boulevard Properties conditioned on compliance with the Act prior to closing. SECTION 4. The President, Director, and the Board Attorney are hereby further authorized, empowered, and directed to appoint two (2) appraisers meeting the qualifications set forth in §5 of the Act and to return their separate appraisals (the "Appraisals") to the Director within thirty (30) days after the date of their appointment and upon their receipt the Appraisals shall be reported back to the Board. SECTION 5. The President and Director are further authorized, empowered, and directed to tender earnest money with the Offer to Purchase in a commercially reasonable amount not to exceed $100,000 from funds readily available to the Board. SECTION 6. The President, Director, and the Board Attorney are hereby further authorized, empowered, and directed to negotiate the terms of the purchase of the Grand Boulevard Properties upon terms and conditions acceptable to the Board's legal counsel and at a price no greater than the average of the Appraisals provided for herein. SECTION 7. The President, Director, and the Board Attorney are hereby further authorized, empowered, and directed upon acceptance of an Offer to Purchase to engage on behalf of the Board such professionals as are required to perform customary due diligence prior to closing the purchase of the Grand Boulevard Properties, including obtaining a title commitment, survey, environmental site assessment and other customary due diligence and to report back to the Board in the event there are any material defects identified, including an extension of the Contract timeframes to allow for completion, receipt and consideration of the due diligence information. SECTION 8. Upon confirmation that due diligence reveals no material defects in the Grand Boulevard Properties, the President or Director is hereby further authorized, empowered, and directed Docusign Envelope ID: C9ACA5F6-BCB2-41FF-844F-22E7A0DFA150 to execute and deliver all documents and items necessary to close the purchase of the Grand Boulevard Properties including the payment of the purchase price in an amount not greater than the average of the Appraisals. SECTION 9. As required by §5(3) of the Act, the Appraisals shall remain on file in the offices of the Board for a period of five (5) years after they are returned to the Director. SECTION 10. The authorization, empowerment, and directives given to the President to act hereunder, shall apply to the Vice President in the absence, incapacity, or unavailability of the President, or the Treasurer or Secretary in the absence, incapacity, or unavailability of both the President and Vice President. SECTION 11. The authorization, empowerment, and directives given to the Director to act hereunder, shall apply to the Assistant Director in the absence, incapacity, or unavailability of the Director. SECTION 12. The authorization, empowerment, and directives given to the Board Attorney to act hereunder, shall apply to the legal counsel at the request of the President, Director, or Board Attorney. SECTION 13. All actions heretofore taken by the officers of the Board, the Director, and the Board Attorney to further the purchase of the Grand Boulevard Properties as contemplated in this Resolution are hereby approved, ratified, and confirmed in every way, including engagement of qualified appraisers. SECTION 14. The Director shall request reimbursement for all acquisition expenses from the City of Carmel from the proceeds of the lease-rental bond approved by the Carmel Common Council through adoption of Ordinance D-2729-24 using funds allocated to the Autumn Greenway and/or Memorial Greenway. SECTION 15. This Resolution shall take effect immediately upon its passage. APPROVED AND ADOPTED by the Carmel/Clay Board of Parks and Recreation this 10th day of December 2024, by a vote of 7 ayes and 0 nays. Docusign Envelope ID: C9ACA5F6-BCB2-41FF-844F-22E7A0DFA150 CARMEL/CLAY BOARD OF PARKS AND RECREATION Judith F. Hagan, President X Aye Nay Jenn Kristunas, Vice-President X Aye Nay Lin Zheng, Treasurer Absent Aye Nay Linus Rude, Secretary X Aye Nay Jonathan Blake X Aye Nay Katie Browning Absent Aye Nay James D. Garretson X Aye Nay Joshua A. Kirsh X Aye Nay Mark Westermeier X 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 December 10, 2024. Judith F. Hagan, President Docusign Envelope ID: C9ACA5F6-BCB2-41FF-844F-22E7A0DFA150 Exhibit “A” Grand Boulevard Properties Parcel No. Deeded Owner Acres 16-09-26-04-04-002.000 Providence Commercial Partners LLC 1.66 16-09-26-00-13-020.000 Providence Townhome Partners LLC 0.12 Docusign Envelope ID: C9ACA5F6-BCB2-41FF-844F-22E7A0DFA150