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Home My WebLink AboutFranklin Square/Pilot House A Resolution 2011 -R- S2 RESOLUTION AUTHORIZING INTERLOCAL AGREEMENT BETWEEN THE CITY OF JEFFERSONVILLE AND THE GREATER CLARK COUNTY SCHOOL CORPORATION (Franklin Square/ Commercial Corporation) I WHEREAS, I 36 - allows political subdivisions in the state of Indiana to enter into t Interlocal Agreements; and, WHEREAS, I.C. 36- 1 -11 -8 allows for governmental entities to exchange property; and, t I WHEREAS, the City of Jeffersonville and the Board of School `Trustees for the Greater Clark County School Corporation are desirous of entering into an Interlocal Agreement known by the parties as the Franklin Square/ Commercial Building Project for the purposes of Art and Historical Culture in our Community J WHEREAS, on December 28, 2011 the Jeffersonville Board of Public Works and Safety were t presented the attached Interlocal Agreement and passed it with a favorable recommendation to the Common Council of the City of Jeffersonville; and NOW, THEREFORE, BE 11" RESOLVED that the Common Council of the City of Jeffersonville, upon the favorable recommendation by the Board of Public Works and Safety, and !' upon its passage by the Greater Clark County School Corporation on December 20, 2011, approves the Interlocal Agreement with the City of Jeffersonville subject to all terms and l conditions set out therein which is attached hereto and made part of this Resolution as if set out in full herein , A;r t This resolution shall be in full force and effect from and after its passage and i i Passed this ` day of at.,1-041 , 2011 Fttest: , f' / j t hornas Galligan, M yor i t I _ -I° ,,,...; LOA-1,1240 i Pegg 1 /der, Clerk - Treasurer Presented by me, Peggy Wilder, l ,t ie Clerk a Treasurer to the Mayor of they City; of Jeffersonville, Indiana on this day of 2011 l I a T �' ___ Pe e. 'der, Clerk- Treasurer q 1 i i k , i f i RESOLUTION AUTHORIZING , INTERLOCAL AGREEMENT BETWEEN THE CITY OF JEFFERSONVILLE. INDIANA AND THE GREATER CLARK COUNTY SCHOOL CORPORATION (Franklin Square/Commercial Building) I. WHEREAS, I.C. 36-1-7 allows political subdivisions in the state of Indiana to enter into I interlocal Agreements; and. WHEREAS, ir accordance with J.C. 36-1-11-8 exchange of property with governmental entity states: - Sec 8. A transfer or exchange of property may be made with a governmental entity upon terms and conditions agreed upon by the entities as evidenced by adoption of a substantially identical resolution by each entity. Such a transfer may be made for any amount of real property. cash, or other personal property, as agreed upon by the entities.": and, WHEREAS, the City of Jeffersonville and the Board of School Trustees for the Greater Clark County School Corporation are desirous of entering into an lnterlocal Agreement known by the parties as the Franklin Square/Commercial Building Project for the purposes of promoting Art and Historical Culture in our community. NOW, THEREFORE, BE IT RESOLVED that the Board of School Trustees for the Greater Clark County School Corporation approves the Interlocat Agreement with the City of JefTersonville subject to all terms and conditions set out therein which is attached hereto and made part of this Resolution as if set out in full herein. (Attachment I) BE IT FURTHER RESOLVED, that the President and Secretary of the Board of School Trustees are authorized to execute said Interlocal Agreement on behalf of the Board of School Trustees. SO RESOLVED AND DULY ADOPTED this aom day of December 2011. by the following, vote of the members of said Board of School Trustees_ AYES NAVES Cnristensen - orii1.4 . lir' TV% AT:71% • ... v Oily Kraft ---------) ------- ,- ,-- — Satterly — A Gilbert 1 fi • : 4 i ' ) t , • i , f . 11 Gilkey k t r c. ...... t A da ,.... /----e, Pavey gar MIA Ph „. White - . 1 , L.:. 1 INTERLOCAL AGREEMENT BETWEEN THE CITY OF JEFFERSONVILLE, INDIANA AND THE GREATER CLARK COUNTY SCHOOL CORPORATION (Franklin Square/Commercial Building Land Transfer) THIS AGREEMENT is entered into by and between the City of Jeffersonville, Indiana. (hereinafter referred to as the City"), through its Department of Redevelopment, its Common Council. its Board of Public Works, and Mayor of Jeffersonville; and, the Greater Clark County School Corporation (hereinafter referred to as the School Corporation through its Board of School Trustees. WITNESSETII: WHEREAS, I.C. 36-1-7 allows political subdivisions in the state of Indiana to enter into Inter local Agreements: and, WHEREAS. in accordance with I.C. 36-1-11-8 exchange of property with governmenta entity states: "Sec. 8. A transfer or exchange of property may be made with a governmental entity upon terms and conditions agreed upon by the entities as evidenced by adoption of a substantially identical resolution by each entity. Such a transfer may be made for any amount of real property, cash. or other personal property. as agreed upon b y the entities and. WHEREAS. the City is desirous of purchasing the property commonly known as - Franklin Square/Commercial Building owned by the School Corporation as described in the attached legal description for the purpose of the development and support of an incubator facility promoting the art and historical cultures of our community. Attachment A. WHEREAS. the City is desirous of purchasing the building/land area in the amount of S45,000.00 which shall be paid in annual installments of S15,000.00 beginning with the first payment due no later than January 31. 2012, WIIEREAS, The School Corporation is desirous of selling said buildingliand area in an as is' condition to said City for the amount stated above. WHEREAS, both the City and the School Corporation support the purchase/sale as set out above and memorialized below and will cooperate in the steps necessary to effectuate this projects in accordance with the terms or this Agreement. IT IS, THEREFORE, AGREED by the parties as follows: I. PURPOSES OF AGREEMENT: The purpose of this agreement is for the School Corporation to sel: to the City the ouIdint and land area identi tied ir the attached legal ciescriptftir and cornirtenl> known as 1 /n,erhyoa|A@re*menr Franklin Square/Commercial Building Property December 14, 2011 Page 2of Franklin Square/Commercial Building in an ~us is condition by Quit Claim Deed to be used by the City tbr the development and support of an incubator facility for the promotion of art and historical cultures in our community. The facility will be designed to provide space for thc relocation of the Clark County Historical Museum and will partner with the School Corporation for the expansion of art programs tbr students of the Jeffersonville iligh School Arts Department and/or other arts programs which may benefit students of any age or grade level from any other schools within the School Corporation, as determined by the School Corporation. 2. DURATION: This /\grecnneut shall begin upon completion of all legal requirements and remain in full force and effect from the time it is executed by all parties until its provisions have been completed. 3, MANNER OF FINANCING, STAFFING AND SUPPLYING THE JOINT UNDERTAKING AND OF ESTABLISHING AND MAINTAINING A BUDGET THEREOF: o. Manner of Finaricing: i. The City has agreed to prepare and pay for the required legal documents, (quit claim duwd, sales disclosure forms and related recording fees) to effectuate the transfer of this property from the School Corporation to the City ofJeffersonville. ii. The City shall pay the amount of Forty Five Thousand Dollars (S45,000.00)tothe School Corporation which shall be paid in three (3) annual installments of Fiftee!1 Thousand Dollars (S}5,0O0.0O) beginning no later than the 31" day of January, 2012 and continuing each year to be paid in the same amount on this dure, until paid in full. b. Staffing. T'he City shall be responsible for the rnaintenance and |nnprovnrncnzs needed. if any, to the facility and shall staff said facility as needed. c. Maintenance of Budget. [he Cty and School Corporation shall each maintain records related to the land transfers and costs associated with this uQrucnxenx. No continuing hudgrrwi|} be required, e. Supp|yin2 the joint undertaking: i |n conjunction with the project as outlined abovc each party shall cooperate in performing the steps necessary to carry out this joint undertaking. ii. The School Corporation is selling the ho/kji 'landarna in an - as is condition, the Cit has had the opportrnity to inspect the property and agrees to purchase the lnterlocal Agreement Franklin Square; Commercial Building Property December 14, 2011 Page 3 of 6 property without any improvements or financial contribution by the School Corporation, The School Corporation shall provide all staff, personnel, supervision, instruction materials, supplies, equipment and other educational needs for the expansion of art programs for students of the Jeffersonville High School Arts Department and /or other arts programs which may benefit students of any age or grade: level from any other schools within the School Corporation, as determined by the School Corporation The purchase offer assumes the property is unencumbered and that an access easement will be granted through the asphaltic concrete parking lot to the west of the structure so that vehicles can transport visitors to the front doors. (Parking will take place at the lot adjacent to the ltiachand E"ieldhouse owned by the City). =After six months, if the City is not able to: • 1 orrnulate a business plan • Establish (or make significant progress toward establishing) a 501(c)3 organization • Create a conceptual design plan for the space • execute a lease or a working agreement between the Redevelopment Commission and the organization Ownership will revert back to the School Corporation and the Redevelopment Commission will be refunded the $15,000 first installment. Any modifications made to the building that will require additional work to secure the facility or that render the building Tess marketable will be assessed by an independent contractor and deducted from the refund price. 4. METHODS THAT MAY BE EMPLOYED IN ACCOMPLISHING THE PARTIAL OR COMPLETE TERMINATION OF THIS AGREEMENT: This Agreement shall terminate upon receipt of payment in full of the 545,000.00 from the City paid to the School Corporation or the reversion of the property- back to the School Corporation under the terms of this agreement, whichever comes first. 5. ADMINISTRATION: This Agreement shall be administered jointly by the Executive Director of the Redevelopment Commission and the School Corporation's Superintendent of Schools, or their designees. These individuals shall be authorized to perform all duties and carry out all functions as are necessary to effectuate the purpose of this Agreement. 6. ACQUIRING, HOLDING AND DISPOSI1tiG OF PROP} RTY: Ali rights, title and interest in the described parcels of real property shall be transferred as indicated herein. Attachment A is to be considered attached to and part of this Agreement serving as the property's legal description. interlocal Agreement Franklin Square/Commercial Building Property December 14, 2011 Page 4 of 6 7, PAYMENT SCHEI)ULE: The amount of S45,000.00 shall be paid in three (3) equal annual instaihnents of SI5.000.00 beginning no later than January 31, 2012. 8. APPROVALS: Approval by the Board of School Trustees of the Greater Clark County School Corporation is required; approvals by the Department of Redevelopment and the Board of Public Works of the City of Jeffersonville is required; and approval by the Common Council and the NiIayor ofJeffersonville is required, 9. FILING: The parties agree that upon approval by all parties, this Interlocal Agreement shall he recorded in accordance with Indiana law at the School Corporation's expense. The School Corporation shall pay and record all required documents and shall provide a recorded copy of all recorded documents to the City. Within sixty (60) days of the date the Agreement takes effect, both parties shall file a recorded copy with the State Board of Accounts for audit purposes . , pursuart to IC 36-1-7-6 10, PURCHASE, SALE, OR EXCHANGE OF SERVICES, SUPPLIES OR EQUIPMENT: Whenever a contract provides for the purchase, sale, or exchange of services, supplies, or equipment between or among Indiana governmental entities only. no notice by publication or posting is required pursuant to IC 36 11, INDEMNIFICATION AND HOLD HARMLESS: The City of Jeffersonville agrees to indemnify and hold harmless Greater Clark County Schools, its Board of School Trustees. its officers, employees. and agents from all claims, expenses, losses. liability and damage, including attorney's fees, resulting from injuries to persons or property or arising from. growing out of, or connected with the City's activities performed in conjunction with this project or any act or omission of the City of Jeffersonville or its employees or agents. Likewise. Greater Clark County School Corporation's Board of School Frustees agree to indemnify and hold harmless the City of jeffersonville, its officers. employees. and agents from a:1 claims, expenses, losses, liability and damage, including attorney's fees. resulting from injuries to persons or property or arising from. growing out of. or connected with the School Corporation's involvement with any activities performed in conjunction with this project or any act or omission of the School Corporation or its employees or agents. IN WITNESS WHEREOF, the parties have affixed their signatures hereto indicating their . respective approvals of this Interlocal Agreement for the benefit of the School Corporation's students, empioyees. faculty and administrators along 't\ i t h the general public and citizens of the City of Jeffersonville and surrounding communities, , Interlocal Agreement Franklin Square/Commercial Building Property December 14, 2011 Page 5 of 6 BOARD OF SCHOOL TRUSTEES FOR THE RE . F,R,cLARK COUNTY SCHOOL CORPORATION 11 ,.., Alik, Aware. 4 Akar Christin. Gitey, Pr i *en. 1/4— .,■.......will'ill, II IIIIIIIIIIIIIIIIIIPP' . vi 41.. er , ecretary .,..--- ------ D - of Approval: December 20, 2011 COMMON COUNCIL OF THE CI I F JE . ERSO VILLE ayor Thomas G. figan I Presiding Officer Attest: t' ta.e/e0 lailifiw City' i k Treasurer Date of Approval: M.,r,),,,,,t ,10 , A )(I/7 JEFFERSONVILLE DEPARTMENT OF REDEVE OP ENT ,ii t.._ II& Acta , s - Asik--- __a_ Attest: Inter local Agreement Franklin Square/Commercial Building Property December 14, 2011 Page 6 of 6 BOARD OF PUBLIC WORKS AND SAFETY CITY OF JEFFERSONVILLE oyl,d4„4. , f ( -- Mayor Thomas G. ig. n President Attest: ( 111 ,44 City k Treasurer Date of Approval: Prepared by: 4 ,2) 1 Sandra W. Lewis . General Counsel, Greater Clark County,' School Corporation ID 15217-10 2112 Utica-Sellersburg Road, Jeffersonvil:e, IN 47130. (812) 283-0701. cit and approved by: WA& Attorney for City of Jeffers qi ID # \ Address: ect) ta C.)?..kc • City, State, Zip Code 0 '4i t 3-0 'telephone: cg k. - 1