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Home My WebLink AboutD-2726-24 Third Amendment to Interlocal Agreement Carmel Clay ParksSPONSOR(S): Taylor, Snyder ORDINANCE NO. D-2726-24 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, APPROVING AND ADOPTING A THIRD AMENDMENT TO INTERLOCAL AGREEMENT THIRD AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT This Third Amendment to Interlocal Cooperation Agreement (“Third Amendment”) is by and between the City of Carmel, Indiana (the “City”) and Clay Township of Hamilton County, Indiana (the “Township”), and shall be effective upon its adoption by the legislative body of both the City and the Township and recording with the Hamilton County Recorder. WHEREAS, the City and Township entered into a certain Interlocal Cooperation Agreement adopted by the Township by Resolution and by the City under Ordinance No. D-1603- 02 dated July 26, 2002 (the “Original Agreement”) to provide joint park and recreation services to the residents of the City and the Township through the Carmel/Clay Board of Parks and Recreation (the “Joint Board”); and WHEREAS, the Original Agreement was amended by an Amendment to Interlocal Agreement adopted by the Township by Resolution and by the City under Ordinance D-1740-04 dated February 7. 2005 (the “First Amendment”) which provided, among other things, for the adjustment of the size and composition of the Joint Board and the payment by the Township of certain County Option Income Tax funds, now referred to as Local Income Tax (“LIT”) funds to capital projects approved by the Joint Board; and WHEREAS, the Original Agreement was further amended by a Second Amendment to Interlocal Agreement adopted by the Township by Resolution and by the City under Ordinance D- 1998-10 dated July 2, 2010 (the “Second Amendment”), which expanded authorized expenditures for the LIT received by the Township (the Original Agreement, the First Amendment and the Second Amendment collectively the “Amended Agreement”); and WHEREAS, the Township entered into a certain lease dated January 20, 2004, as amended, by and between the Township and the Carmel/Clay Board of Parks and Recreation (the “Lease”) to provide for the financing of the Carmel Clay Central Park and Monon Center Project; and WHEREAS, the Amended Agreement provides that upon the Township’s final Lease payment for the Central Park Lease-Rental Bonds scheduled to be made on January 15, 2025, the Township’s appointments to the Joint Board are automatically terminated and the Township’s participation in the Joint Board terminates; and WHEREAS, the Township has demonstrated its commitment to the joint parks undertaking with the City by issuing bonds to finance projects for the Joint Board including the following: Clay Township General Obligation Bonds, Series 2019B through H and Series 2019J and K in a total principal amount of $30,917,690.10; Clay Township General Obligation Bonds Ordinance D-2726-24 Page One of Four Docusign Envelope ID: D5807BB8-4F20-4175-B59E-741F0F35C0BA 2 Series 2020A in the principal amount of $3,530,000.00; and Clay Township General Obligation Bonds, Series 2022 in the principal amount of $3,100,000 (Parks Related Only), all as further described in Exhibit A attached hereto which bonds are payable solely by the Township for the benefit of the Joint Board through January 15, 2042 (collectively the “Bond Payments”); and WHEREAS, the Township and City are in ongoing discussions to determine how best to provide necessary long-term funding to support the Joint Board in the future; and WHEREAS, it is in the Carmel and Clay communities’ best interest to maintain the current size and composition of the Joint Board until a funding solution is determined; and WHEREAS, the parties desire to revise and amend the Interlocal Cooperation Agreement in accordance with the terms of this Third Amendment. NOW, THEREFORE, it is mutually agreed by and between the parties as follows: 1. Conditional Revision of Section 2.2. Notwithstanding any other provision of the Amended Agreement, so long as the Township makes timely payments on the outstanding Bond Payments, Section 2.2 of the Agreement shall be revised and amended in its entirety to read as follows: 2.2 The Joint Board shall consist of nine (9) members appointed or selected as follows: a. Four (4) members of the Joint Board shall be appointed by the Mayor on the basis of their interest and knowledge of parks and recreation and must be residents of the City. b. Four (4) members of the Joint Board shall be appointed by the Trustee on the basis of their interest and knowledge of parks and recreation and must be residents of the Township. c. One (1) member of the Joint Board shall be appointed by the Board of Education for Carmel/Clay Schools and must be an elected member thereof. d. No more than two (2) of the Mayor’s appointments to the Joint Board shall be from the same political party. e. No more than two (2) of the Trustee’s appointments to the Joint Board shall be from the same political party. f. An elected official of the City or Township shall not be eligible to serve as a member of the Joint Board. g. The Mayor and Trustee shall continue to stagger the date of appointment of members serving on the Joint Board in a manner similar to that which exists at the time of adoption of this Amendment and shall maintain records reflecting the date of appointment and term of each member so appointed. Revised Section 2.2, as set forth above, shall automatically terminate and be of no further force or effect on the first date on which the Township fails to timely pay any portion of the Bond Payments referenced in Exhibit A. Ordinance D-2726-24 Page Two of Four Docusign Envelope ID: D5807BB8-4F20-4175-B59E-741F0F35C0BA 3rd 3 2. Ratification. In all other respects, and except as amended by this Third Amendment, the parties hereby ratify, approve and continue the Amended Agreement in every way. This Third Amendment shall be incorporated into the terms of the Amended Agreement as if set forth in full therein. 3. Termination. This Third Amendment shall automatically terminate on December 31, 2026 unless revised or extended in writing by the legislative body of the Township and the City. 4. Enforceability. This Third Amendment is entered into pursuant to I.C. 36-1-7, et. seq., and the same may be amended or supplemented from time to time. The Amendment shall be recorded in the office of the Hamilton County Recorder after approval by the City and the Township, and shall be filed with the State Boad of Accounts for audit purposes, as required by I.C. 36-1-7, and shall not be deemed enforceable and binding until it is recorded with the County Recorder. This Amendment may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one and the same instrument. Passed, by the Common Council of the City of Carmel, Indiana, this _____ day of __________, 2024, by a vote of _____ ayes and _____ nays. COMMON COUNCIL OF THE CITY OF CARMEL ________________________________ ______________________________ Anthony Green, President Adam Aasen, Vice President ________________________________ ______________________________ Theresa Ayers Anita Joshi ________________________________ ______________________________ Ryan Locke Shannon Minnnar ________________________________ ______________________________ Matthew Snyder Richard F. Taylor III ________________________________ Jeff Worrell ATTEST: ________________________________ Jacob Quinn, Clerk Ordinance D-2726-24 Page Three of Four Docusign Envelope ID: D5807BB8-4F20-4175-B59E-741F0F35C0BA 9December 0 2nd 4 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 ALL OF WHICH IS AGREED by and between the Township on the date set forth below. CLAY TOWNSHIP HAMILTON COUNTY, INDIANA By: _________________________________ Paul K. Bolin, Chairman _________________________________ Douglas Callahan, Secretary _________________________________ Mary Eckard, Member CLAY TOWNSHIP HAMILTON COUNTY, INDIANA By: __________________________________ Paul Hensel, Township Trustee Ordinance D-2726-24 Page Four of Four Docusign Envelope ID: D5807BB8-4F20-4175-B59E-741F0F35C0BA 11:15 A December 11:30 3rd December A 3rd 5 EXHIBIT A List of Clay Township Bonds Project Bond Series Par Amount Last Payment Date West Park 2019B $4,765,858.85 1/15/2039 Inlow Park 2019C $2,639,928.00 1/15/2039 Meadowlark Park 2019D $4,132,416.05 1/15/2039 Carey Grove Park 2019E $2,080,859.95 1/15/2039 River Heritage Park 2019F $3,070,003.05 1/15/2039 Monon Greenway 2019G $4,754,500.50 1/15/2039 Japanese Gardens 2019H $3,093,925.75 1/15/2039 Flowing Well Park 2019J $1,935,990.20 1/15/2039 Central Park 2019K $4,444,207.55 1/15/2039 106th Street Pedestrian Bridge 2020A $3,530,000.00 7/15/2040 Carter Green Project 2022 $1,700,000.00 1/15/2042 Japanese Outdoor Structures 2022 $ 600,000.00 1/15/2042 General Parks Projects 2022 $ 800,000.00 1/15/2042 Total: $37,547,689.90 This instrument prepared by and should be returned upon recording to: Brian C. Bosma, Esq., Kroger Gardis & Regas, LLP, 111 Monument Circle, Suite 900, Indianapolis, IN 46204-5125 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Brian C. Bosma. Docusign Envelope ID: D5807BB8-4F20-4175-B59E-741F0F35C0BA