City of Carmel/Hanilton County/Hamilton Co. RC/96th/421 EDA SPONSOR: Councilor Snyder
RESOLUTION CC- 06- 06 -11 -02
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY CARMEL, INDIANA, AUTHORIZING THE CONVEYANCE OF
LEASEHOLD INTEREST IN REAL ESTATE
WITNESS THAT:
WHEREAS, the Common Council of the City of Carmel "the Common Council
on the 21st day of June, 2010, approved an Interlocal Agreement between the City of
Carmel "the City Hamilton County "the County and the Hamilton County
Redevelopment Commission "the Commission concerning the issuance of bonds
authorized by the County to fund the costs of certain road improvements serving and
benefitting the 96th Street -US 421 Economic Development Area "the Interlocal
Agreement and,
WHEREAS, the Interlocal Agreement provided for the Commission to use tax
increment from the 96th Street -US 421 Economic Development Area to pay bond
payments to fund certain projects located in western Clay Township, which projects are
described in the attached Exhibit A (collectively, "the Projects and,
WHEREAS, the Commission, as lessee, has entered into a Lease Agreement
with the Hamilton County Redevelopment Authority "the Authority as lessor, in
connection with the Authority's proposed issuance of bonds in an amount not to exceed
Seventeen Million Five Hundred Eighty Thousand Dollars ($17,580,000) "the Bonds
to (i) redeem certain bond anticipation notes issued by the Commission to finance
construction of certain of the Projects and (ii) pay the cost of Project No. 4, as approved
Prepared by Michael A. Howard, Esq.
by this Common Council on February 21, 2011, pursuant to Ordinance No. D- 2031 -11;
and,
WHEREAS, Section 28 of the Interlocal Agreement provides that all of the parties
will pass such resolutions and /or ordinances which are necessary to issue the Bonds;
and,
WHEREAS, in order for the Authority to issue the Bonds which will be secured by
lease rental payments under the Lease Agreement, it is necessary that the City assign a
leasehold interest to the Authority of the Right of Way owned by the City and described
in Exhibit B attached hereto, including the improvements constructed thereon and to be
constructed thereon, subject to the terms and conditions of the Assignment of
Leasehold Interest in Real Estate, which is attached hereto as Exhibit C; and,
WHEREAS, Indiana Code 36- 1 -11 -8 authorizes this Common Council to transfer
interests in real estate to another governmental entity by such terms as are agreeable
between the parties; and,
WHEREAS, Steve Engelking, Director of Administration, is hereby designated by
the Common Council to execute the Assignment of Leasehold Interest in Real Estate
attached hereto as Exhibit C and to take such other actions as may be necessary to
effectuate the intent of this resolution.
ALL OF WHICH IS RESOLVED by the Common Council of the City of Carmel
this (p day of,A4- 2011, by a vote of 4) ayes and a nays.
3 &ne
Prepared by Michael A. Howard, Esq.
2
COMMON COUNCIL FOR THE CITY OF CARMEL
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e si�ding Officer ose•h Ler
W. Eric Sei ensticker, Pre- dent Pro Tempore Kevin Rider
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Ronald E. Carter nyder
ATTES
l iA_U4aLAILAA1111. 1 4
Diana L. Cordray, IAMC, Clerk- asurer
Presented by me to the Mayor of the City of Carmel, Indiana this 1 day of
•Ctj-"-- 2011, at la i f .M.
A L,t„,o, 3 i
Diana L. Cordray, IAMC, Clerk -T urer
Approved by me, Mayor of the City of Carmel, Indiana, this 1 day of
2011, att;k SS J.M.
James Brainard, Mayor
ATTEST.
Diana L. Cordray, IAMC, Clerk -T surer
Prepared by Michael A. Howard, Esq.
3
EXHIBIT A
Project #1 126th Street
The public right of way for 126th Street from Shelborne Road to 300 feet east of Towne
Road, including all public improvements located within said right of way including, but
not limited to a two (2) lane boulevard style roadway with median, curbs, gutters, drain
basins, underground storm sewer system, landscaping, lighting, and asphalt multi -use
paths on each side of the road. Also including intersection improvements of 126th Street
at Tuscany Drive, Rhett Street, Gaskin Way, Malcombe Street, and Troupe Street.
Project #2— Shelborne Road
The public right of way for Shelborne Road from 1,300 feet north of 116th Street, to 800
feet to north of 131st Street, including all public improvements located within said right of
way including, but not limited to a two (2) lane boulevard style roadway with median,
curbs, gutters, drain basins, underground storm sewer system, landscaping, lighting,
and asphalt multi -use paths on each side of the road, including round -a -bouts at 121St
Street, 126th Street, and 131st Street. Also including intersection improvements of
Shelborne Road at Abney Point Drive, Whispering Pines Lane, and Arhey Run Drive.
Project #3 106th Shelborne Road
The public right of way for Shelborne Road from 200 feet south of 106th Street, to 450
feet north of 106st Street, and 106th Street from 660 feet west of Shelborne Road to 400
feet east of Shelborne Road, including a round -a -bout at the intersection of 106th Street
and Shelborne Road, and all public improvements located within said right of way
including, but not limited to a two (2) lane boulevard style roadway with median, curbs,
gutters, drain basins, underground storm sewer system, landscaping, lighting, and
asphalt multi -use paths on three sides of the intersection.
Prepared by Michael A. Howard, Esq.
4
Project #4— Towne Road Paving
The public right of way for Towne Road from 450 feet north of 131st Street, to 450 feet
to south of 146th Street, excluding the previously constructed round -a -bouts at 136th
Street and 141st Street including all public improvements located within the Towne Road
right of way described above, including, but not limited to a two (2) lane boulevard style
roadway with median, curbs, gutters, drain basins, underground storm sewer system,
landscaping, lighting, and asphalt multi -use paths on each side of the road. Also
including intersection improvements of Towne Road at President Street, Heatherm000r
Crescent, and Chariots Whisper Drive.
Prepared by Michael A. Howard, Esq.
5
EXHIBIT B
DESCRIPTION OF PROJECT
Project #1 126th Street
All right -of -way, roadway, lighting and drainage improvements from Shelborne Rd. to 300' E. of
Towne Rd. along 126th St. (all measurements are approximate). This segment of 126th Street
will be widened to accommodate a curbed, two -lane boulevard style roadway with a median,
asphalt recreational paths on each side, an underground storm sewer system, and landscaping.
Improvements also include a small structure replacement carrying the JW Brendle Drain under
126th St. Minor road intersections include: Tuscany Dr., Rhett St., Gaskin Way, Malcombe St.,
and Troupe St.
Project #2 Shelborne Road
All right -of -way, roadway, lighting and drainage improvements from 1300' N. of 116th St. to 800'
N. of Main St. (131st St.) along Shelborne Rd., 800' W. of Shelborne Rd. along 121st St., and
800' E. W. of Shelborne Rd. along Main St. (all measurements are approximate). This 1.41
mile segment of Shelborne Road will be widened to accommodate a curbed, two -lane
boulevard- style roadway with a median, asphalt recreational paths on each side, an
underground storm sewer system, and landscaping. Roundabouts will be constructed at the
intersections of 121st, 126th, and Main Street. Improvements also include a culvert extension
and detention work. Minor road intersections include: Abney Point Dr., Whispering Pines Ln.,
and Arhey Run Dr.
Project #3 106th Shelborne Road
All right -of -way, roadway, lighting and drainage improvements from 200' S. of 106th St. to 450'
N. of 106th St. along Shelborne Rd.; and from 660' W. of Shelborne Rd. along 106th St., to 400'
E. of Shelborne Rd. along 106th St. (all measurements are approximate). This intersection will
be reconstructed as a single lane roundabout with asphalt recreational paths on three sides, an
underground storm sewer system, and intersection lighting.
Prepared by Michael A. Howard, Esq.
6
Project #4 Town Road Paving
All right -of -way, roadway, lighting and drainage improvements from 450' N. of Main St. (131st
St.) to 450' S. of 146th St. along Towne Rd. (all measurements are approximate). This 1.33
mile segment of Towne Rd. will be widened to accommodate a curbed, four -lane boulevard
style roadway with a median, asphalt recreational paths on each side, an underground storm
sewer system, and landscaping. The project will connect into the previously constructed
roundabouts at 136th St. (Milano Dr.) and 141st St. Minor road intersections include: President
St., Heathermoor Crescent, and Chariots Whisper Dr.
Prepared by Michael A. Howard, Esq.
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(EXHIBIT C)
ASSIGNMENT OF LEASEHOLD INTEREST IN REAL ESTATE
THIS INDENTURE WITNESSETH, the City of Carmel, Hamilton County, State of
Indiana, "the City in consideration of One Dollar ($1.00), the receipt of which is hereby
acknowledged, hereby grants and assigns to the Hamilton County Redevelopment Authority,
the Authority a leasehold interest in the right of way of the City which is described in the
attached Exhibit A "the Right of Way including all public improvements constructed, or to be
constructed, within the Right of Way.
This Grant is subject to the following:
1. The Authority shall sublease all interests conveyed by this Assignment of
Leasehold Interest in Real Estate "the Assignment to the Hamilton County
Redevelopment Commission "the Commission pursuant to a Lease Agreement
between the Authority and the Commission dated as of October 21, 2010, and
amended on March 8, 2011 (as amended, "the Lease which Lease shall be
used by the Authority to finance the improvements constructed, or to be
constructed within the Right of Way.
2. The leasehold interest in the Right of Way granted to the Authority pursuant to
this Assignment shall terminate on the earlier of (i) the 1St day of February, 2030
or (ii) the termination of the Lease pursuant to the terms and conditions thereof,
at which time all interests granted to the Authority pursuant to this Assignment
shall revert to the City.
3. The City shall retain any duty imposed by law to maintain the Right of Way and
the improvements located therein during the term of this Assignment and retains
unto itself the right to use the Right of Way for all purposes which are not in
conflict with the rights assigned to the Authority.
Prepared by Michael A. Howard, Esq.
8
IN WITNESS WHEREOF, the undersigned, on behalf of the City of Carmel, h
,4a
executed this Assignment of Leasehold Interest in Real Estate this Tday of 2011.
=mil
Steve Engelking
Director of Administration of the
City of Carmel, as authorized by
Resolution No. CC 04o- 06 02_
STATE OF INDIANA
)SS:
COUNTY OF HAMILTON .X0 Subscribed and sworn to before me, a Notary Public this `T day of f 2011,
personally appeared the within named Steve Engelking as Director of Administration of the City
of Carmel and acknowledged the execution of the foregoing document.
WITNESS my hand and official seal.
(7
Notary Public,
Residing in Hamilton County, IN
My Commission Expires:
t r Alk.6_ z=10
1 affirm, under the penalties of perjury, that I have taken reasonable care to redact each social security number in the document, unless required
by law. Michael A. Howard
This instrument prepared by Michael A. Howard, Attorney at Law, 694 Logan Street, Noblesville, Indiana, 46060, 773 -4212.
Prepared by Michael A. Howard, Esq.
9
EXHIBIT A
Project #1 126th Street
The public right of way for 126th Street from Shelborne Road to 300 feet east of Towne Road,
including all public improvements located within said right of way including, but not limited to a
two (2) lane boulevard style roadway with median, curbs, gutters, drain basins, underground
storm sewer system, landscaping, lighting, and asphalt multi -use paths on each side of the
road. Also including intersection improvements of 126th Street at Tuscany Drive, Rhett Street,
Gaskin Way, Malcombe Street, and Troupe Street.
Project #2— Shelborne Road
The public right of way for Shelborne Road from 1,300 feet north of 116th Street, to 800 feet to
north of 131st Street, including all public improvements located within said right of way including,
but not limited to a two (2) lane boulevard style roadway with median, curbs, gutters, drain
basins, underground storm sewer system, landscaping, lighting, and asphalt multi -use paths on
each side of the road, including round -a -bouts at 121st Street, 126th Street, and 131st Street.
Also including intersection improvements of Shelborne Road at Abney Point Drive, Whispering
Pines Lane, and Arhey Run Drive.
Project #3 106th Shelborne Road
The public right of way for Shelborne Road from 200 feet south of 106th Street, to 450 feet north
of 106st Street, and 106th Street from 660 feet west of Shelborne Road to 400 feet east of
Shelborne Road, including a round -a -bout at the intersection of 106th Street and Shelborne
Road, and all public improvements located within said right of way including, but not limited to a
two (2) lane boulevard style roadway with median, curbs, gutters, drain basins, underground
storm sewer system, landscaping, lighting, and asphalt multi -use paths on three sides of the
intersection.
Prepared by Michael A. Howard, Esq.
10
Project #4— Towne Road Paving
The public right of way for Towne Road from 450 feet north of 131st Street, to 450 feet to south
of 146th Street, excluding the previously constructed round -a -bouts at 136th Street and 141st
Street including all public improvements located within the Towne Road right of way described
above, including, but not limited to a two (2) lane boulevard style roadway with median, curbs,
gutters, drain basins, underground storm sewer system, landscaping, lighting, and asphalt multi-
use paths on each side of the road. Also including intersection improvements of Towne Road at
President Street, Heatherm000r Crescent, and Chariots Whisper Drive.
Prepared by Michael A. Howard, Esq.
11
ASSIGNMENT OF LEASEHOLD INTEREST IN REAL ESTATE
THIS INDENTURE WITNESSETH, the City of Carmel, Hamilton County, State of
Indiana, "the City in consideration of One Dollar ($1.00), the receipt of which is hereby
acknowledged, hereby grants and assigns to the Hamilton County Redevelopment Authority,
the Authority a leasehold interest in the right of way of the City which is described in the
attached Exhibit A "the Right of Way including all public improvements constructed, or to be
constructed, within the Right of Way.
This Grant is subject to the following:
1. The Authority shall sublease all interests conveyed by this Assignment of
Leasehold Interest in Real Estate "the Assignment to the Hamilton County
Redevelopment Commission "the Commission pursuant to a Lease Agreement
between the Authority and the Commission dated as of October 21, 2010, and
amended on March 8, 2011 (as amended, "the Lease which Lease shall be
used by the Authority to finance the improvements constructed, or to be c
onstructed within the Right of Way.
2. The leasehold interest in the Right of Way granted to the Authority pursuant to
this Assignment shall terminate on the earlier of (i) the 1St day of February, 2030
or (ii) the termination of the Lease pursuant to the terms and conditions thereof,
at which time all interests granted to the Authority pursuant to this Assignment
shall revert to the City.
3. The City shall retain any duty imposed by law to maintain the Right of Way and
the improvements located therein during the term of this Assignment and retains
unto itself the right to use the Right of Way for all purposes which are not in
conflict with the rights assigned to the Authority.
Prepared by Michael A. Howard, Esq.
12
IN WITNESS WHEREOF, the undersigned, on behalf of the City of Carmel, has e, `f'
executed this Assignment of Leasehold Interest in Real Estate this day of Ili 2011.
.9
i i
f/
Steve Engelking
Director of Administration of the
City of Carmel, as authorized by
Resolution No.CC O(o -06 -1 2
STATE OF INDIANA
)SS:
COUNTY OF HAMILTON S7,
Subscribed and sworn to before me, a Notary Public this 1 day of 2011,
personally appeared the within named Steve Engelking as Director of Administration of the City
of Carmel and acknowledged the execution of the foregoing document.
WITNESS my hand and official seat. 0
0,
Notary Public,
Residing in Hamilton County, IN
My Commission Expires:
ate' �0
1 affi under t e penalties of perjury, that I have taken reasonable care to redact each social security number in the document, unless required
by law. Michael A. Howard
This instrument prepared by Michael A. Howard, Attorney at Law, 694 Logan Street, Noblesville, Indiana, 46060, 773 -4212.
Prepared by Michael A. Howard, Esq.
13
EXHIBIT A
Project #1 126th Street
The public right of way for 126th Street from Shelborne Road to 300 feet east of Towne Road,
including all public improvements located within said right of way including, but not limited to a
two (2) lane boulevard style roadway with median, curbs, gutters, drain basins, underground
storm sewer system, landscaping, lighting, and asphalt multi -use paths on each side of the
road. Also including intersection improvements of 126th Street at Tuscany Drive, Rhett Street,
Gaskin Way, Malcombe Street, and Troupe Street.
Project #2— Shelborne Road
The public right of way for Shelborne Road from 1,300 feet north of 116th Street, to 800 feet to
north of 131St Street, including all public improvements located within said right of way including,
but not limited to a two (2) lane boulevard style roadway with median, curbs, gutters, drain
basins, underground storm sewer system, landscaping, lighting, and asphalt multi -use paths on
each side of the road, including round -a -bouts at 121st Street, 126th Street, and 131st Street.
Also including intersection improvements of Shelborne Road at Abney Point Drive, Whispering
Pines Lane, and Arhey Run Drive.
Project #3 —106th Shelborne Road
The public right of way for Shelborne Road from 200 feet south of 106th Street, to 450 feet north
of 106st Street, and 106th Street from 660 feet west of Shelborne Road to 400 feet east of
Shelborne Road, including a round -a -bout at the intersection of 106th Street and Shelborne
Road, and all public improvements located within said right of way including, but not limited to a
two (2) lane boulevard style roadway with median, curbs, gutters, drain basins, underground
storm sewer system, landscaping, lighting, and asphalt multi -use paths on three sides of the
intersection.
Prepared by Michael A. Howard, Esq.
14
Project #4— Towne Road Paving
The public right of way for Towne Road from 450 feet north of 131s' Street, to 450 feet to south
of 146th Street, excluding the previously constructed round -a -bouts at 136th Street and 141st
Street including all public improvements located within the Towne Road right of way described
above, including, but not limited to a two (2) lane boulevard style roadway with median, curbs,
gutters, drain basins, underground storm sewer system, landscaping, lighting, and asphalt multi-
use paths on each side of the road. Also including intersection improvements of Towne Road at
President Street, Heatherm000r Crescent, and Chariots Whisper Drive.
Prepared by Michael A. Howard, Esq.
15