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HomeMy WebLinkAboutG-2025-003 - Resolution of Interest 11805 River RoadRESOLUTION NO. G – 2025 – 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, among the top priorities for the next five (5) years is expanding the White River Greenway, and embracing and developing the White River Corridor; and WHEREAS, development of additional parkland in the White River Corridor is identified in the 2025-2029 Zone Improvement Plan 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 land or structures, including the adoption of a Resolution of Interest and the engagement of appraisers to determine the fair market value for the property; 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 fiscal 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 is interested in expeditiously purchasing the property specified in Exhibit A attached hereto (the "Property”) and 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 WHEREAS, the owner of the Property has received overtures from at least one other prospective buyer, but wishes to explore the feasibility of selling the Property to the Board to expand River Heritage Park and preserve a historically significant house; and WHEREAS, the Board desires to express its interest in the purchase of the Property subject to the terms of the Act and this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CARMEL/CLAY BOARD OF PARKS AND RECREATION THAT: Docusign Envelope ID: 77CCECCA-472B-4D75-8764-FCDD6CB2ECA6 SECTION 1. The foregoing Recitals are incorporated herein by this reference. SECTION 2. The Board hereby expresses its interest in purchasing the Property and authorizes and directs the President, the Director, and the Board Attorney to take all actions necessary to obtain two (2) appraisals of the Property (the “Appraisals”) and to tender an Offer to Purchase the Property on terms acceptable to each of them, with a purchase price not exceeding the average of the Appraisals in compliance with the Act and the Policy. SECTION 3. 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 fifteen percent (15%) of the purchase price from funds readily available to the Board. SECTION 4. Upon the satisfactory completion of due diligence activities, the President or Director, and each of them individually, are authorized, empowered, and directed to execute and deliver all documents and items necessary to close the purchase of the Property including the payment of the purchase price in an amount not greater than the average of the Appraisals. SECTION 5. The authority and directives given to the President hereunder shall apply to any other officer of the Board in the absence, incapacity, or unavailability of the President, and the authority and directives given to the Director hereunder, shall apply to the Assistant Director in the absence, incapacity, or unavailability of the Director. SECTION 6. 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 7. All actions heretofore taken by any officer or agent of the Board in furtherance of this Resolution are hereby approved, ratified, and confirmed in every way. SECTION 8. This Resolution shall take effect immediately upon its passage. APPROVED AND ADOPTED by the Carmel/Clay Board of Parks and Recreation this 11th day of February 2025, by a vote of 7 ayes and 0 nays. CARMEL/CLAY BOARD OF PARKS AND RECREATION Judith F. Hagan, President Absent Aye Nay Jenn Kristunas, Vice-President X Aye Nay Lin Zheng, Treasurer X Aye Nay Mark Westermeier, Secretary X Aye Nay Jonathan Blake Absent Aye Nay Docusign Envelope ID: 77CCECCA-472B-4D75-8764-FCDD6CB2ECA6 James D. Garretson X Aye Nay Katie Mueller X Aye Nay Jon Shapiro X Aye Nay Riddhi Shukla 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 February 11, 2025. Jenn Kristunas, Vice President Docusign Envelope ID: 77CCECCA-472B-4D75-8764-FCDD6CB2ECA6 Exhibit “A” Property Parcel No: 17-10-34-00-00-004.000 (approximately 3.22 acres). Docusign Envelope ID: 77CCECCA-472B-4D75-8764-FCDD6CB2ECA6