HomeMy WebLinkAbout2011-R-3 STATE OF INDIANA
BEFORE THE CITY OF JEFFERSON VILL� E SANITARY BOARD
RESOLUTION NO. lJ � 3 -2011
A RESOLUTION AUTHORIZING THE TRANSFER OF CERTAIN
REAL PR 1 PERTY FROM THE BOARD OF CLARK COUNTY COMMISSIONE
WHEREAS, this Sanitary Board (hereinafter this "Board ") has been established pursuant to the
provisions of IND. CODE § 36 9 - 23 - 4; and,
WHEREAS, this Board has knowledge that by Tax Deed dated October 13, 2011, and raw dcd ati
Instrument 201117601, the Board of Clark County Commissioners ("Clark County") acquired title to cert in real
property located at the commonly known address of 801 Main Street, Jeffersonville, Clark County, Ind' a (the
"Real Estate "), a true and correct copy of which deed is attached hereto as Exhibit "A"; and,
WHEREAS, this Board, in reliance upon the professional advice of the City Engineer . nd its
professional consulting engineers, has determined that the City needs w acquire the entirety of certain pa eels of
real estate owned by the American Legion, Post No. 35 (the "American Legion "), located at the commonly known
address of 217 West Court Avenue, Jeffersonville, Clark County, Indiana, for use in constructing, operati g, and
maintaining a storm water relief canal that is approximately 4,400 feet in length, 40 feet in width, and 4 feet in
depth (i.e., a channel of 704,000 cubic feet, which is capable of holding 5.265 million gallons of water) t at will
run from the park that the City is presently constructing at the southeast corner of the intersection of W • • Ninth
Street and VFW Boulevard to the southeast comer of the intersection of Mulberry Street and Chestnu Street
before discharging into an underground outfall releasing storm water into the Ohio River (the "Canal P e jeer);
and,
WHEREAS, on April 8, 2011, the City extended an offer to purchase the Real Estate from the erican
Legion for a purchase price equal to its appraised value of 5800,000.00 (the "Offer"); and.
1
WHEREAS, on December 13, 2011, this Board filed a complaint in the Clark Circuit Court as se No.
10001- 1112 -PL- 000133 seeking to acquire thc American Legion property needed for the Canal Proj- (the
"Litigation'); and,
WHEREAS, pursuant to the terms of the draft conditional settlement agreement attached h cto as
Exhibit "B" (the "Settlement Agreement "), the American Legion has agreed to conclude the Litiga ion by
accepting the Offer, provided that the City can acquire the Real Estate from Clark County, with su' - l uently
exchange and conveyance of the Real Estate to the American Legion at a simultaneous closing, and ith the
agreed sum of $210,000.00 being credited to the purchase price to be paid by the City for its purchas of the
American Legion properly; and,
WHEREAS, this Board has knowledge that Clark County has obtained appraisals by Indiana 1 censed
appraisers establishing the fair market value of the Real Estate to be $760,000.00 and $155,000.00, res - tivcly,
for an average appraised value of $207,500.00; and,
WHEREAS, this Board has determined that it should offer Clark County the sum of $210,000.00 for the
transfer of thc Real Estate to the City; and,
WHEREAS, IND. CODE § 36- 1 -11 -8 authorizes this Board to transfer property to another gover mental
entity upon terms and conditions agreed upon by the entities (including, without limitation, the payment of any
amount of cash as agreed upon) as evidenced by adoption of a substantially identical resolution by eac entity;
and,
WHEREAS, this Board now adopts this Resolution for the purpose of authorizing Clark County's ransfer
of the Real Estate to the City in accordance with this Board's offer and the requirements of such statute.
NOW, THEREFORE, BE IT RESOLVED by this Board as follows:
1. Approval of Settlement Agreement. This Board hereby authorizes the wmpro ' -e and
settlement of the Litigation on the terms and conditions of the Settlement Agreement attached hereto as • hibit
"B ". including without limitation, the transfer of the Real Estate to the American Legion with a $210 000.00
credit towards the purchase price to be paid by the City for the properties that arc the subject of the Litigati. n.
2
2. Authorization of Offer and Purchase. This Board further hereby authorizes extending an offer to
pay Clark County the sum of Two Hundred and Ten Thousand and No /100 Dollars ($210,00000) in
consideration for the transfer of the Real Estate to the City.
3. Additional Terms and Closing of Sale. The payment of the purchase price for the Rea Estate
shall be due at the simultaneous closing of this Board's purchase of thc American Legion's property needed for
the Canal Project, provided that such closing must occur within six (6) months following the date of ado( tion of
this Resolution. Clark County shall convey the Real Estate to this Board by special warranty decd. Clark :ounly
shall pay all of its attorney's fees associated with the sale of the Real Estate, but this Board shall bear a I other
costs of closing.
4. Effective Date of Resolution. This Resolution shall be in full force and effect upon its ,assage
and promulgation as evidenced by the signature of the undersigned as the duly authorized officer and
representative of this Board pursuant to the affirmative vote of a majority of the duly appointed and serving
members of this Board.
So Resolved this (day of December, 2011.
SANITARY BOARD OF THE CITY
OF JEFFERSONVILLE, INDIANA,
B: � / S
omas R. Gailigan, MayorVhairman
Atteeste by: da
Secretary of thc Board
3
oDDtttttIIMORrrOC44
autttferrotalaLna EFIASCr
ra IRWS.°ca
OCT 1 1 2011
Richard P. Jones 4P
CLARK COUNTY RECORDER
Key No: 10- 20-00- 201 - 529.000 -010 wry Filed for Record as Presented
(020 -78 -0160) 1 201117601 Page 1 of 4
C2 Date 10/14/2011 Time 14:35:39
TAX DEED
Whcrcas the Clark County Commissioners did, on the 1 �� day of October, 2011.
produce to the undersigned, R. Monty Snelling, Auditor of the County of Clark in the State of
Indiana, a certificate of sale dated the 5th day of October, 2010, signed by Keith Groth who, at
the date of the sale, was Auditor of the County, from which it appears that the Clark County
Commissioners on the 4' day of October, 2010, purchased at public auction, held pursuant to
law, the real property described in this indenture for the sum of Sixty Thousand Five Hundred
Twenty -three and 27/100 Dollars ($60,523.27), being the amount due on the real property for
taxes, special assessments, penalties and costs for the year 2009 and prior years, namely:
See Exhibit A attached hereto.
Subject to any and all easements and/or restrictions of public record which may
apply to the above described real estate.
BEING the same property conveyed to Harold W. Cox, Jr. by Warranty Decd
dated April 15, 2004, and of record as Instrument No. 200409478, in the Clark
County Recorder's Office.
Such real property has been recorded in the office of the Clark County Auditor as
delinquent for the nonpayment of taxes, and proper notice of the sale has been given. It
appearing that Clark County Commissioners is the owner of the certificate of sale, that the time
for redeeming such real property has expired, that the property has not been redeemed, that the
undersigned has received a court order for the issuance of a deed for the real property described
in the certificate of sale, that the records of the Clark County Auditor's office state that the real
G A
property was legally liable for taxation, and that the real property has been duly assessed and
properly charged on the duplicate with the taxes and special assessments for the year 2009 and
prior years;
Therefore, this indenture, made this 84 lel day of October, 2011, between the State of
Indiana, by R. Monty Snelling, Auditor of Clark County, of the first part, and Clark County
Commissioners, of the second part, witnesseth: That the party of the first part, for and in
cronsideralion of the premises, has granted and bargained and sold to the party of the second part,
the real property described in the certificate of sale, situated in the County of Clark, and State of
Indiana, namely and more particularly described above to have and to hold such real property,
with the appurtenances belonging thereto, in as full and ample a manner as the Auditor of said
County is empowered by law to convey the same.
In Testimony whereof, R. Monty Snelling, Auditor of Clark County, has hereunto set his
hand, and affixed the seal of the Board of County Commissioners, the day and year last above
mentioned.
AUDITOR OF CLARK COUNTY
if
7
i : �it. .
By: R. Mon 'R elling
•
STATE OF INDIANA
COUNTY OF CLARK
Before me, the undersigned, a Notary Public, in and for said County, this day, personally
came the above named R. Monty Snelling, Auditor of said County, and acknowledged the
execution of the foregoing deed for the uses and purposes therein mentioned.
In witness whereof, 1 have hereunto set my hand and seal this of Oekibei:,
2011. IU .4LQ 1 I LitL {i s z s I
My Commission expires: N ry Pnblic :a
1 -2C1 L Printed Na
Resident o fa� .101County
1 affirm, under penalties for perjury, that 1 have taken reasonable care to redact each
Social Security number in this document, unless required by law, and that this instrument
was prepared by:
Alan M. Applegate
APPLEGATE FIFER PULLIAM LLC
428 Meigs Avenue
Post Office Box 1418
Jeffersonville, Indiana 47131-1418
(812) 284-9499
Send Tax Statements To:
501 E. Court Avenue
Jeffersonville, IN 47130
Grantee's Mailing Address:
501 E. Court Avenue
Jeffersonville, IN 47130
x:1100580+ASfa S7 Tex Deed .docx
3
EXHIBIT A
TRACT I
Being Lot #43 of the Latimer & Sabitz Subdivision of Letter "3"
of Survey # 2 of the Illinois Grant, Jeffersonville, Clark
County, Indiana, bounded thus:
Beginning at the Southeast Corner of Lot #43, the same being in
the Center of Western Avenue; Thence, Southwestwardly along the
Southern line of Lot #43, 194 feet to the true place of
beginning; Thence, Continuing Southweswardly along the Southern
line of said Lot #43; Thence Northwestwardly along the Western
line of Lot #43; 157 feet to a point 8 feet from the Northwest
Corner of Lot #43; Thence, Eastwardly and parallel to the
Northern line of Lot #43, 29..27 feet; Thence, Southwardly across
Lot #43 and parallel to the Western line of said Lot #43, 157
feet to the True Place of Beginning.
TRACT II
Being a part of lot Number Forty -three (43) of Latimer and Savitz
Subdivision of Letter "B" of Survey Number Two (2) of the
Illinois Grant, Clark, County, Indiana, bounded thus: Beginning
at the Southeast corner of Lot Number Forty -three (43), the same
being the center of Western Avenue; thence Southwestwardly along
the Southern line of Lot Number Forty -three (43) One Hundred
Ninety -four (194) feet; thence northwardly across lot number
forty -three (43), one hundred Fifty -seven (157) feet to a point
eight feet (8) from the northern line of said lot number Forty -
three (43); thence eastwardly and parallel to the feet to a point
in the center line of Western Avenue; thence southwardly aong the
center line of Western Avenue, the same being the eastern line of
lot number forty -three (43), one hundred fifty -seven (157) feet
to the true place of beginning.
IN THE CIRCUIT COURT OF CLARK COUNTY
STATE OF INDIANA
CITY OFJEFFERSONVIT.T F, INDIANA,
FOR THE USE AND BENEFIT OF THE
JEFFERSONVILLE SANITARY BOARD,
Plaintiff,
v. Case No. 10001- 1112 -PI. b/ 3
AMERICAN LEGION AUXILIARY
LAWRENCE CAPEHART UNIT #35, INC.
(f/k/a The Lawrence Capehart Post No. 35 of
the American Legion of Jeffersonville, Clark
County, Indiana),
Defendant.
Sfr"ITLEMENT AGREEMENT AND ORDER OF APPROVAL
Comes now plaintiff, City of Jeffersonville, Indiana, for the use and benefit o the
Jeffersonville Sanitary Board (hereinafter the "City "), by counsel, Amy J. Bumette, and er
come now defendant, American Legion Auxiliary Lawrence Capehart Unit #35, Inc. (f/k/: The
Lawrence Capehart Post No. 35 of the American Legion of Jeffersonville, Clark Co nty,
Indiana) (the "American Legion "), by counsel, John G. Montgomery, and advise the cour that
they have agreed to fully settle and compromise the claims raised by the Complain for
Appropriation of Land filed by the City herein on the following terms and conditions:
1. The parties shall use their best efforts to close the City's purchase o' the
American Legion's real property located at the commonly known address of 217 West a • urt
Avenue, Jeffersonville, Clark County, Indiana (the "American Legion Real Estate "), on the rtes
and conditions set forth herein within thirty (30) days following the court's review and app • val
of this Settlement Agreement (the "Closing "), which real estate is more particularly describ: , as
follows:
The following described real estate situated in the City of
Jeffersonville, County of Clark, State of Indiana, to -wit: From the
intersection of the northeasterly line of Mulberry Street with the
northwesterly line of Maple Street, measure northeasterly 30 feet
along the northwesterly line of Maple Street to the northeasterly
property line of the Louisville & Jeffersonville Bridge and
Railroad Company; thence deflecting 90 degrees to the left,
measure northwesterly 150 feet along said northeasterly property
line, said property line being parallel with and 30 feet distant
measured northeasterly and at right angles from the northeasterly
line of Mulberry Street; thence deflecting 90 degrees to the right,
measure northeasterly 6 feet to the place of beginning; thence
deflecting 90 degrees to the left, measure northwesterly 299 feet to
the southeasterly line of Court Street, previously known as New
Market Street; said last described course being parallel with and 36
feet distance measured northeasterly at right angles to the
northeasterly line of Mulberry Street; thence deflecting 90 degrees
to the right, measure northeasterly 70.2 feet along the southeasterly
line of Court Street; thence deflecting 90 degrees to the right,
measure southeasterly 110 feet; thence deflecting 90 degrees to the
left, measure northeasterly 65.6 feet; thence deflecting 90 degrees
to the right, measure southeasterly 64 feet; thence deflecting 90
degrees to the left, measure northeasterly 28.2 feet; thence
deflecting 90 degrees to the right, measure southeasterly 62 feet;
thence deflecting 90 degrees to the right, measure southwesterly 97
feet; thence deflecting 90 degrees to the left, measure southeasterly
63 feet; thence deflecting 90 degrees to the right, measure
southwesterly 67 feet to the place of beginning, containing an area
of 30,802 square feet, more or less.
ALSO, the west Thirty -three (33) feet of Lot No. Five (5) in
Block No. Twenty -seven (27) in the City of Jeffersonville,
according to the map of said city printed by C. R. Milne in 1839,
and also a parcel extending southwardly from the above parcel a
distance of Sixty (60) feet into Out -lot No. 250 of said city, in all
making a parcel 33 feet in width and 110 feet in depth.
ALSO, Lot Number Four (4) in Block No. 27, in the City of
Jeffersonville and extending back the same width of said Out -lot
No. 250, in said city, a distance of Sixty (60) feet, being 35.4 feet
front on Market Street (now Court Avenue), more or Less, and 110
feet in depth from the south line of said street.
ALSO, a part of Lots 218 and 219 in the City of Jeffersonville,
Clark County, Indiana, described as follows: Beginning on the
southerly line of said Lot 219, a distance of 37.25 feet along said
southerly line easterly from the southwest corner of said Lot 219;
2
thence Westerly 77.25 feet along the southerly line of said Lots
218 and 219; thence Northerly 213.00 feet parallel with the
easterly line of said Lot 218 to the northerly line of said Lot 218;
thence Easterly along said northerly Tine, 77.25 feet; thence
Southerly 213.00 feet parallel with the easterly line of said Lot
218, to the point of beginning and containing 16,454 square feet,
more or less.
ALSO, part of Out Lot No. 250 in the City of Jeffersonville,
Clark County, Indiana, and being further described as follows:
Beginning at the southeast corner of Court Avenue and Mulberry
Street, same being the northwest corner of Lot No. 1, Block No. 27
in said city; thence North 58 deg. 44' East, along the south line of
Court Avenue, 179.25 feet to a point, being the northeast corner of
Lot No. 5 in said Block No. 27; thence South 30 deg. 56' 15" East,
along the line dividing Lot Nos. 5 and 6 in said Block No. 27 and
said line extended, 110.00 feet to a point, the true place of
beginning; thence continuing South 30 deg. 56' 15" East, 62.0 feet
to the southwest comer of a tract described in Deed Record Book
262, page 557 of said county records; thence South 58 deg. 44'
West, 5.27 feet to a railroad spike, being a comer of a tract
described in Deed Record Book 161, page 327 of said county
records; thence N. 30 deg. 56' West, 62.0 feet along a line of said
tract to an iron pipe on a comer of said tract; thence North 56 deg.
44' West, 5.27 feet to the true place of beginning, containing
326.73 square feet, more or less.
ALSO, all that parcel of land situated in the Town of
Jeffersonville, County of Clark and State of Indiana, being a part
of Lot Number 217 and Lot Number 250 in the Original Town of
Jeffersonville and also being a portion of that parcel of land
designated Tract "13" on a plat of survey made by 13. L. Fewell &
Assoc. Inc., dated July 27, 1977 and revised January 18, 1980, and
bounded and described according to said plan of survey as follows,
to -wit: Beginning at a point on the easterly line of Mulberry Street
(60 feet wide) distant 200 feet measured South 40 deg. East, along
said line of Mulberry Street from the northwest corner of the
aforesaid Lot No. 250 on the southerly line of Court Avenue (100
feet wide), said beginning point being also the southwest corner of
a parcel of land designated Tract "A" on the aforesaid plan of
survey; extending from said beginning point the following four
courses and distances: (1) North 49 deg. 58' 20" East, along the
southerly line of said Tract "A ", a distance of 36 feet to a point;
thence (2) South 40 deg. East, 89 feet to a point on the
northwesterly line of a 10 foot wide driveway easement; thence (3)
South 50 deg. West, along said northwesterly line, the distance of
36 feet to a point on the easterly line of Mulberry Street; thence (4)
3
North 40 deg. West, along said line of Mulberry Street, the
distance of 89 feet to the place of beginning, containing 3,202
square feet, more or Tess, or 0.074 of an acre, more or Tess.
ALSO, a part of Out Lot No. 250 in the City of Jeffersonville,
Clark County, Indiana and being further described as follows:
Beginning at the southeast corner of Court Avenue and Mulberry
Street, same being the northwest comer of Lot 1, Block 27 in said
city; thence North 58 deg. 44' East, along the south line of Court
Avenue, 179.25 feet to a point on the northeast corner of Lot 5 in
said Block 27; thence South 30 deg. 56' 15" East, along the line
dividing Lots 5 and 6 in said block and said line extended, 172.00
feet to an iron pipe on the south corner of a tract of land described
in Deed Drawer 9, Instrument 13008 of said county records; thence
Northeasterly along the southern line of said tract, 21.22 feet to a
point, the true place of beginning thence continuing Northeasterly
along said southern line, 27.80 feet to an iron pipe on the east
corner of said tract and in the line dividing Out Lots 250 and 251;
thence Southeasterly along said dividing line, 6127 feet to an iron
pipe on the east corner of Out Lot 250; thence Southwesterly along
the southern line of said Out Lot 250, 28.75 feet to an iron pipe;
thence Northwesterly 6150 feet, more or less, to the true place of
beginning, containing 1735 square feet, more or less.
EXCEPTING THEREFROM, part of Out Lot No. 250 in the
City of Jeffersonville, Clark County, Indiana, and being further
described as follows: Beginning at the southeast corner of Court
Avenue and Mulberry Street, same being the northwest corner of
Lot No. 1, Block No. 27, in said city; thence North 58 deg. 44'
East, along the south line of Court Avenue, 179.25 feet to a point,
being the northeast corner of Lot No. 5 in said Block No. 27;
thence South 30 deg. 56' 15" East, along the line dividing Lot Nos.
5 and No. 6 in said Block No. 27 and said line extended 110.00
feet to an iron P P i ei place of the true beginning; thence continuing
South 30 deg. 56' 15" East, 62.00 feet to the southwest corner o
tract described in Deed Record Book 262, page 557, of said county
records; thence South 58 deg. 44' West, 2.43 feet to a railroad
spike; thence North 30 deg. 56' 15" West, 62.0 feet to an iron pipe;
thence North 58 deg. 44' East, 2.43 feet to the true place of
beginning, containing 150.66 square feet, more or less.
2. The American Legion shall convey the American Legion Real Estate to the City
by corporate warranty deed free and clear of any liens or encumbrances. In addition t• the
corporate warranty deed, the American Legion shall deliver to the City, at the Closing, . uch
4
other documents as may reasonably be required by the City or its title company issuin: an
owner's policy of title insurance for the American Legion Real Estate to issue such policy.
3. The parties shall use their best efforts to close the American Legion's exch- 'ge
and/or purchase of real property to be acquired by the City from the Board of Clark • my
Commissioners ( "Clark County ") located at the commonly known address of 801 Main S eet,
Jeffersonville, Clark County, Indiana (the "City Real Estate "), on the terms and conditio . set
forth herein at the Closing of the American Legion Real Estate, which real estate is ore
particularly described as follows:
Tract 1
Being Lot #43 of the Latimer & Sabitz Subdivision of Letter
"Jr of Survey 112 of the Illinois Grant, Jeffersonville, Clark
County, Indiana, bounded thus:
Beginning at the Southeast Comer of Lot #43, the same being
in the Center of Western Avenue; Thence, Southwestwardly along
the Southern line of Lot #43, 194 feet to the true place of
beginning; Thence, Continuing Southwestwardly along the
Southern line of said Lot #43; Thence, Northwestwardly along the
Western line of Lot #43, 157 feet to a point 8 feet from the
Northwest corner of Lot #43; Thence, Eastwardly and parallel to
the Northern line of Lot #43, 29.27 feet; Thence, Southwardly
across Lot #43 and parallel to the Westem Line of said Lot #43,
157 feet to the True Place of Beginning.
Tract li
Being a part of lot Number Forty -three (43) of Latimer and
Savitz Subdivision of Letter "B" of Survey Number Two (2) of the
Illinois Grant, Clark County, Indiana, bounded thus:
Beginning at the Southeast corner of Lot Number Forty -three
(43), the same being the center of Western Avenue; thence
Southwestwardly along the Southern line of Lot Number Forty -
three (43) One Hundred Ninety -four (194) feet; thence northwardly
across lot number forty -three (43), one hundred Fifty -seven (157)
feet to a point eight (8) feet from the northern line of said lot
number Forty -three (43); thence eastwardly and parallel to the feet
to a point in the center line of Western Avenue; thence
5
southwardly along the center line of western avenue, the same
being the eastern line of lot number forty -three (43), one hundred
fifty -seven (157) feet to the true place of beginning.
4. The City hereby represents and warrants that all official action requi 'd to
authorize the City's purchase of the City Real Estate has been taken by the City and 1 lark
County.
5. The City shall convey the City Real Estate to the American Legion by s vial
warranty deed free and clear of any liens or encumbrances. In addition to the special w: anty
deed, the City shall deliver to the American Legion, at the Closing, such other documents as may
reasonably be required by the American Legion or its title company issuing an owner's poli y of
title insurance for the City Real Estate to issue such policy. In addition, at the Closing, the City
shall enter into an agreement with American Legion to demolish the existing structures o the
City Real Estate for $10,000, which amount shall be deducted from the American -... on
Purchase Price (defined below).
6. In addition to the conveyance of the City Real Estate, the City shall pa the
American Legion the sum of Five Hundred Ninety Thousand and No /100 Dollars ($590, 11.00)
for the purchase of the American Legion Real Estate (the "American Legion Purchase Pri "),
and Clark County the sum of Two Hundred Ten Thousand and No /100 Dollars ($210,000.11) for
the purchase of the City Real Estate (the "City Purchase Price").
7. The City shall pay the American Legion Purchase Price, as adjusted as set orth
below and in paragraph 5 above, to the American Legion at the Closing.
8. The American Legion Purchase Price shall be reduced by any amounts nece .ary
to clear any lien or encumbrance on the American Legion Real Estate, any unpaid utility . ges
and real estate taxes pro-rated to the date of the Closing. To the extent the real estate taxe for
the period in question are not specifically ascertainable, the parties shall base the pro-ra ons
6
upon the most recent real estate tax assessments available, and such proration shall be deem . to
be final and conclusive. /1
9. The parties agree that the American Legion shall not be required to surr:nd
0 ch,i.v 3/
possession of the American Legion Real Estate to the City until September90, 2012 (the
"Surrender Date "), without payment of rent or other compensation to the City, provided the t the
American Legion shall bear the risk of loss to the American Legion Real Estate until pos sion
is actually surrendered, and further provided that (i) the American Legion shall be respoi:ible
for all maintenance and repairs to the American Legion Real Estate, including any an. all
structural or roof repairs, and (ii) the American Legion shall indemnify, defend, and hold
harmless the City from any claims for damages to persons or property asserted by any ird
parties subsequent to the Closing of the sale of the American Legion Real Estate to and incl ding
the date on which the American Legion ultimately surrenders possession of the American .gion
Real Estate to the City. During the period that the American Legion remains in possession .f the
American Legion Real Estate following Closing, it shall maintain a premises liability poli of
insurance with coverage limits of One Million Dollars per occurrence and Five Million It (i liars
in the aggregate, which policy shall name the City as an additional insured, and the Ame can
Legion shall provide the City with a copy of the declarations page of such policy at all time that
it remains in effect. The American Legion shall further indemnify the City from any lity
charges and/or real estate taxes charges or assessed against the American Legion Real : tate
during the period that the American Legion remains in possession of the American Legion Real
Estate following Closing. The American Legion shall further be obligated to pay the Cit the
sum of Five Hundred Dollars ($500.00) per day as liquidated damages for each day at it
remains in possession of the American Legion Real Estate following the Surrender Date, plus n
any costs, including reasonable attorney' fees, subsequently incurred by the City in 1, king cV
n ot - w, _ 14146w • e _ )44a i._a:.'_ a I - _ :
pfyVlC�i -e�
•
Amtsei um.
( rzr:re..1 - (v Sun:PAL / oru ss« at, ' tcw
4;4 (UJ30 Sail 04 LA e � dr n444 /0c4601- •
action deemed necessary to secure possession of the American Legion Real Estate followi _ the
Surrender Date. Notwithstanding the provisions of the immediately preceding sentence, f. r the
period of up to ninety (90) days following the Surrender Date the liquidated damages . 1. ount
shall be reduced as applicable to (i) Two Hundred Dollars ($200,00) per day provided th• the
American Legion has obtained a State of Indiana building permit for its planned improve ' 1 eats
to the City Real Estate by May 1, 2012, or (ii) One Hundred Dollars ($100.00) per day pro ided
that the American Legion has obtained such building permit by May 1, 2012, and has fu her
commenced construction of such improvements by July 1, 2012.
10. During the period that the American Legion remains in possession the Ame can
Legion Real Estate following closing, the American Legion Real Estate shall only be used f. t the
purpose of an American Legion lodge and entertainment facility and for no other purpose. The
American Legion shall provide the City, its employees, agents and contractors with an s to
enter the American Legion Real Estate and the improvements thereon and to bring workm and
materials onto the American Legion Real Estate, and to store materials thereon, upon reaso able
advance written notice, so long as such access and use of the American Legion Real Estate • oes
not materially interfere with the American Legion's operation of its business on the Ame can
Legion Real Estate.
11. The payment of the American Legion Purchase Price to the American Legio. by
the City, as adjusted and/or recalculated pursuant to the terms of this Settlement Agree ent,
shall constitute the total compensation to be paid by the City to the American Legion, an. the
City shall have no further financial obligation to American Legion on account of the convey nce
of the American Legion Real Estate, excluding, however, any subsequent claim for payme t of
any relocation expenses to which the American Legion may be entitled under applicable ws
and regulations.
8
12. The Closing of the American Legion Real Estate and the City Real Estate shall
occur at a location in Clark County, Indiana, designated by the City. The City shall bear all osts
of closing the purchase of the American Legion Real Estate except as expressly provided 1. the
contrary in this Settlement Agreement. The City shall bear all costs of closing the purcha. of
the City Real Estate, excepting for Clark County's attorney's fees in the amount of ten . t
(10%) of the City Purchase Price, and further excepting as expressly provided to the contr in
this Settlement Agreement.
13. Following the simultaneous Closing of (i) the purchase of the American .pion
Real Estate by the City, (ii) the purchase of the City Real Estate by the City, and (iii) the sal and
conveyance of the City Real Estate by the City to the American Legion, the parties shall ten. er a
joint stipulation of dismissal of this proceeding without prejudice, although the parties re the
right to re -open this proceeding for the limited purpose of seeking enforcement of the term and
conditions of this Settlement Agreement.
14. Each party shall pay their own costs and attorney's fees incurred in this
proceeding.
15. The American Legion acknowledges that it (a) has read and fully understand the
terms and provisions of this Settlement Agreement, (b) has had an opportunity to consult ith
legal counsel of its choice prior to executing this Settlement Agreement, and (c) now ex tes
this Settlement Agreement by its duly authorized officer of its own free accord.
[The remainder of this page intentionally left blank Signature pages follow.)
9
WHEREFORE, the American Legion has approved this Settlement Agreement b the
undersigned as its duly authorized officer and representative, and further respectfully asks that
this court approve this Settlement Agreement in all respects.
For American Legion":
AMERICAN LEGION AUXILIARY
LAWRENCE CAPERART UNIT #3
INC (f/k/a The Lawrence Capehart P. st
No. 35 of the American Legion of
Jeffersonville, Clark County, Indiana
an Indiana not- for -profit corporation,
By:
Printed:
Title:
Read and approved as to form:
By:
John G. Montgomery,
Counsel for the American Legion
10
WHEREFORE, the City has approved this Settlement Agreement by the undersign d as
its duly authorized official and representative, and further respectfully asks that this ..urt
approve this Settlement Agreement in all respects.
For the "city":
CITY 01? JEFFERSONVILLE,
INDIANA, for the use and benefit of e
JEFFERSONVJLLE SANITARY
BOARD
omas R. Galligan, a, and
Chairman of the Sanitar oard
Prepared and approved as to form:
By: .. , P1
Amy J. Burnett. , Coin 1 f.e City
11
it
IN THE CIRCUIT COURT OF CLARK COUNTY
STATE OF INDIANA
CITY OF JEFFERSONVILLE, INDIANA,
FOR THE USE AND BENEFIT OF THE
JEFFERSONVILLE SANITARY BOARD,
Plaintiff,
v. Case No. 10001- 1112 -PL,- 0 1 3
AMERICAN LEGION AUXILIARY
LAWRENCE CAPEHART UNIT #35, INC.
(Uk/a The Lawrence Capehart Post No. 35 of
the American Legion of Jeffersonville, Clark
County, Indiana),
Defendant.
ORDER APPROVING SETTLEMENT AGREEMENT
This court having carefully reviewed the Settlement Agreement tendered by the p.. ' es
hereinabove, and finding such agreement to be fair and equitable on its face, now finds that . uch
Settlement Agreement should be approved and entered of record in this cause.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the wove
Settlement Agreement by and between plaintiff, City of Jeffersonville, Indiana, for the u - and
benefit of the Jeffersonville Sanitary Board, and defendant, American Legion Auxi iary
Lawrence Capehart Unit #35, Inc. (f/k/a The Lawrence Capehart Post No. 35 of the Arne can
Legion of Jeffersonville, Clark County, Indiana), is approved in all respects.
Dated: , 2011
DANIEL E. MOORE, Judge,
Clark Circuit Court
12
Tendered by: Amy J. Burnette, #21630 - 10
Distribution:
John G. Montgomery, 417 East Court Avenue, Jeffersonville, IN 47130
Amy J. Burnette, APPIEGATE FIFER Purim LLC, 428 Meigs Avenue, Jeffersonville, IN 47 31-
1418
13