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Donation Agreement
DONATION AGREEMENT This is a Donation Agreement (the "Donation Agreement") of a 28.816 acre parcel of real property located in Survey 14 of the Illinois Grant, Utica Township, City of Jeffersonville, Clark County, Indiana, mote particularly shown and described on Exhibit A attached hereto ("Property"), between Ellings Property Development, LLC, an Indiana limited liability company ("Donor") and the City of Jeffersonville, Indiana, for the use and benefit of the Jeffersonville Parks Department ("Donee"). RECITALS This Donation Agreement is made and entered into on the basis of the following facts and understandings of the parties hereto: A. Donor acquired the Property identified on Exhibit A through a Deed recorded December 1, 2017, as Instrument Number 201721433, in the Office of the Recorder of Clark County, Indiana. B. Donor has developed real estate adjoining the Property for residential purposes and has caused to be constructed certain detention areas on the Property but is otherwise unfamiliar with the condition of the Property. C. Due to Donor's lack of familiarity with the Property, Donor is unwilling to make any representations or warranties whatsoever regarding the Property and Donor is only willing to grant Donee the Property on an "as is,where is" and "with all faults" basis. D. Donee has received an appraisal on the Property, a copy of which is attached hereto,which sets forth the market value of the Property as being $2,450,000.00, which sum shall be considered by the parties the "Value of the Property" and the "Value of the Donation." E. Donee is an Indiana governmental entity. F. Donee has been given a full and complete opportunity to conduct its own investigation as to any matter, fact or issue that might influence Donee's decision to accept the Property from Donor. Accordingly, Donee is willing to accept the Property from Donor without any representations or warranties whatsoever regarding the condition of the Property and on an "as is, where is" and "with all faults" basis. G. Donor and Donee certify that there are no real estate agents or brokers involved in this transaction who are due a commission. AGREEMENT 1. DONATION. a. Value of Donation. The Value of the Donation is the sum of the Value of the Property, which shall not include any real estate taxes which are a lien on the Property which are the Donor's responsibility. b. Closing Costs. Donor shall pay one-half of the cost of the preparation of this Donation Agreement, ("Donor's Costs"). Donee shall pay all other closing costs, including: for the preparation of the Deed; settlement fees; one-half of the cost of the preparation of this Donation Agreement; title search; recording fees for the deed; the premium for owner's title insurance; and closing agent and attorney fees("Donee's Closing Costs"). c. Transfer. Donor agrees to donate the Property to Donee and Donee agrees to accept the Property from Donor on the terms and conditions set forth herein. In consideration of Donor's transfer of the Property to Donee, Donee shall perform all of Donee's obligations hereunder including but not limited to the release set forth in this Donation Agreement. d. Title. Title shall be transferred by deed of dedication. e. At Closing. i. At the Closing, the Donor shall deliver to the Donee the deed of dedication. ii. At the Closing, the Donee shall deliver to Donor the Internal Revenue Service donation form. f. Further Assurances. Donee and Donor agree to execute all instruments and documents and to take all actions reasonably necessary and appropriate to consummate the transfer and donation of the Property and shall use their best efforts to close in a timely manner. 2. ACKNOWLEDGMENTS,AND RELEASE. a. DONEE'S ACKNOWLEDGMENTS. DONEE ACKNOWLEDGES THAT DONEE IS ACCEPTING THE PROPERTY SOLELY IN RELIANCE ON DONEE'S OWN INVESTIGATION, AND THE PROPERTY IS IN "AS IS,WHERE IS" CONDITION WITH ALL FAULTS AND DEFECTS, LATENT OR OTHERWISE. DONEE EXPRESSLY ACKNOWLEDGES THAT, IN CONSIDERATION OF THE AGREEMENT OF DONOR HEREIN,AND EXCEPT AS OTHERWISE SPECIFIED HEREIN, DONOR MAKES AND HAS MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,OR ARISING BY OPERATION OF LAW, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY AS TO CONDITION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE,WITH RESPECT TO THE PROPERTY OR ANY MATTER RELATED THERETO, OR (WITHOUT LIMITATION)TO ANY OF THE FOLLOWING MATTERS: i. Soils, Etc. Soils, seismic, hydrological, geological and topographical conditions and configurations. ii. Hazardous Materials. Hazardous Materials and other environmental conditions, including without limitation, lead-based paint,asbestos and mold. iii.Physical Defects. Physical and mechanical defects in or on any Property, including without limitation, the plumbing,heating,air conditioning and electrical systems and the roof, floor,ceilings,walls and other internal structural components of any buildings or improvements. iv. Land and Floor Area. The area of the land and the square footage contained in any buildings or improvements. v. Utilities,Etc. Availability of adequate utilities, water,public access, and fire and police protection. vi. Assessment Districts. The status and nature of any assessment districts and the amount of any assessment liability. vii. Planning and Zoning. Present, past or future conformity of any Property with planning,building, zoning, subdivision and development statutes,ordinances, regulations and permits,the general plan and the specific plan. viii. Title. The condition of title to any Property, including but not limited to the existence of any easement, license or encroachment whether or not a matter of public record, and whether or not visible upon inspection of such Property. ix. Other Matters. Any other matter relating to any Property or to the development or operation of any Property, including any portion of the Property delineated in a floodplain. b. RELEASE. DONEE FULLY RELEASES AND DISCHARGES DONOR FROM AND RELINQUISHES ALL RIGHTS,CLAIMS AND ACTIONS THAT DO NEE MAY HAVE OR ACQUIRE AGAINST DONOR WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE CONDITION OF THE PROPERTY,INCLUDING WITHOUT LIMITATION OF HAZARDOUS MATERIALS ON,UNDER OR ABOUT ANY PROPERTY(INCLUDING BUT NOT LIMITED TO ANY UNDISCOVERED HAZARDOUS MATERIALS LOCATED BENEATH THE SURFACE OF THE PROPERTY) AND VIOLATIONS OF ANY HAZARDOUS MATERIALS LAWS PERTAINING TO THE PROPERTY OR THE ACTIVITIES THEREON. THIS RELEASE APPLIES TO ALL DESCRIBED RIGHTS,CLAIMS AND ACTIONS, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN,PRESENT OR FUTURE. c. MEANING. FOR PURPOSES OF SECTION 2.b.,ALL REFERENCES TO "DONOR" SHALL INCLUDE THE SUCCESSORS AND ASSIGNS OF DONOR. d. EFFECTIVENESS. THE PROVISIONS OF SECTION 2.a. and 2.b.SHALL BE EFFECTIVE AS OF THE CLOSING DATE AND SHALL SURVIVE THE CLOSING DATE OR TERMINATION OF THIS DONATION AGREEMENT. e. CLOSING DATE.IF THE CLOSING DATE DOES NOT TIMELY OCCUR DUE TO THE DEFAULT OF DONEE,DONEE SHALL HAVE NO FURTHER RIGHT TO RECEIVE THE PROPERTY AND DONOR SHALL BE FREE TO DISPOSE OF THE PROPERTY IN ANY WAY IT SEES FIT. 3. GENERAL PROVISIONS. a. Successors and Assigns. This Donation Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties.Notwithstanding the foregoing, Donee may not transfer,assign or encumber Donee's rights under this Donation Agreement without Donor's prior written approval. b. Entire Agreement.This Donation Agreement contains the entire agreement between the parties concerning the Donation and conveyance of the Property, and supersedes all prior written or oral agreements between the parties to this Donation Agreement. No addition to or modification of any term or provision shall be effective unless in writing,signed by both Donor and Donee. c. Partial Invalidity. If any portion of this Donation Agreement shall be declared by any court of competent jurisdiction to be invalid, illegal or unenforceable,that portion shall be deemed severed from this Donation Agreement and the remaining parts shall remain in full force as fully as though the invalid, illegal or unenforceable portion had never been part hereof. d. Governing Law. The parties intend and agree that this Donation Agreement shall be governed by and construed in accordance with the laws of the state in which the Property is located. e. No Third Parties Benefits.No person other than Donor and Donee,and their successors and assigns, shall have any right of action under this Donation Agreement. f. Waivers. No waiver by either party of any provision shall be deemed a waiver of any other provision or of any subsequent breach by either party of the same or any other provision. g. Captions.The captions and Section numbers of this Donation Agreement are for convenience and in no way define or limit the scope or intent of the Sections of this Donation Agreement. h. Counterparts.To facilitate execution,this Donation Agreement may be executed in as many counterparts as may be convenient or required. It shall not be necessary that the signature of,or on behalf of, each party, or that the signature of all persons required to bind any party,appear on each counterpart. All counterparts shall collectively constitute a single instrument. It shall not be necessary in making proof of this instrument to produce or account for more than a single counterpart containing the respective signatures of,or on behalf of,each of the parties hereto. Any signature page to any counterpart may be detached from such counterpart without impairing the legal effect of the signatures thereon and thereafter attached to another counterpart identical EXHIBIT A ELLINGSWORTH COMMONS PARK DEDICATION TO THE CITY OF JEFFERSONVILE -LEGEND- h.,,, all mum IhIC s m=err PAW ONO 11 •t Rc�wa - --- Giniii _2� lull IIIII II II I ����� ►�1��,, IIII I I III Illl��l�ii . .. __ ,,I1'�111'11111111a1mU,I1,,,,,,►III, 1 �--- --.. - }•eaO� Ilq,�� �liuiiaiiiriii�iiiiiin Ul AI:,, .� d � �� I�,�I� ►mmuuu►nuuiuiuii................::,1�1. :�'�► ' 1 21111 41158411011 unumu111, '.' I; V I i i 1\\ 1,11�1'l\0011%ill culnrclNt of INICdSA/10E u./die 1111111��,11a • IOI►,nnim�►��' Aiifil p ",-444.„„ts soil ..„,. , - 11 IIIIIIIII I I,i►nl .=�. IDOWrt 2�70.�7 11 10,„,,\1�°II <‘. 4E0 III!I!'!'' '�'%1. o .01 , ol, �. r,1r 07Yr Sift* .1.1,, 1� © 1 wolf NUN PARK Om Ma ailla048.111 AND 11411/7 IONS OW 111111 )d 11■144 a4iiiiiiiiiiito(ig n MIT 1gi6lY amain. mar' c Iaal ' ��� Mil n MU' 1.@21-17 84741171 70O 01 MOS' 1p1-2W sonnet soul' CI 11.2I'I.Wttp' 11113I7ov 217d4' CPI 1118178' 821y' I1I0211IT 1118Y 17F.S C3,S PTI CI1,j O UAW 701A0' NI�IyOY J31)O' OP Malt' 42607• 111.1111•1 nicer• A vet al sow,11 d W Mesa Good.Moe teem,*Pare Cans...da,1 Pr.Pa.a.7 M IfOI:)l'Y lyl2J tort CS A.R' 1,611y' NAI1ft1 VAC Ca,tylr ll.oN/S/20.00O001.el do4enhrly and N KN'10'Y 71.N tort CIO Mit tO71b'IARflr1 1107/ .Wac/es.a Job API-PIOr1,Oohed Yy IS 2021 deenEA as foam.. theme N K31'N•W•22731 Mt to Ma sac.one of said 11Nprroen Commons Secure 1 CO MUM1.QI•>r NR11211a altar p d the north comer of lot 219 of Elfaer•orth Common.Section 3 as Mom n Plat raid JJO 725 �Mf urea sold IovM Ins to OreeestbM cove of Lot.710 al aaoA 1 Pape IW n the GTlco of me N.mdr Inr...along a,met Me d odd QFpr.aM Comma.SectIon J the following Koh•tone err 1II.71' MAW Nol12171 101.37' of CAA Co.*,r` o"a- N IY377•W J•77N Mt N P3071'I 104.I7 MC Inenco N 54'48'31'C 3023 foot to the aoaNM noOt-d-.p'd the Part NW.; N 51721'W 27491 Mt thence clop sod southwest M 1P.e tone.,sawn cote N SCJI'N'W J21.01 MC 141O2 hd taboo o a.re aonmo natneodery.no.9 a rod.,of 903.37 fret m0 o cno•J beep s 4TSOb/'[1NN Net: 3782 fee along a cure noncom.eoadry....no a rod.,or lolls tort and a Mad 5 3O1S71'f 211J2 het sea np N 155151' AA2 hat WO tea Mono a vfMatry,naWp a rel:w of 102537 Mt and a Mad N 7f51'10'W 23171 fret Nang 5 07N'IY L ry.Il tort r N MOW'W 741P feet 1MJ0 Mt along a acre concave northern,naWg a rolls.of 1023.37 foot and a chord 14662 ref dap a cure c'a.cw norflwy.harry a roam of 107720 fee.and a chord bang S OY01'I!'C 13620 tort moo N O703.02'W 14572 heat SON AM abr.a a are con..narthraetW,nenong a rad.w d 107819 Mt and a Mad 5 71,48•02'L 7707 lest toothy N 671070'W O626 fort 5 7654'10'C 23430 feel: N 3(7J3'21'W 217.48 feet 436113 Pea dem a cure ponce._aedhreeter0.ne.ng a rodr of 1081.20 toot and o chard Oea.y 5 H'3I'!I'C 11611 feet N 3O13'I1'Y 10.L tort 5 3731 JO'f 11038 Mt 131.71 MI a1a'p a acre cox.a naNu. try/mew a raft,or 03011 tot and a anoN J26H MI atone a arm macaweaeth...fry,nor ni a mew of 1024.20 tort ado nna'1rp N 4T'L'OY Y I51.i'MI to ant point of ArpnMp. Mad Many S N'2/:11'C 127.01 fret Conte.,20.Old acre.ma.a Aw•and e.O7M to eareewnen4 reehkG..,and 5 23,3413'f 2319.73 flat Nahte-d-Kt d record 19171 hd ebg a arm more.+*wry,nawp a race.•a OJI w feat and a Mad s 111533 l'C 1I2.20 ref to the rwth...t roost-of-way Noe a MO.mad. BI..11qq popery to Dave Property Mena 5 470332•W O640 het annp sad rwMwrt Ire: 2017f143J a In the M4 07 W of Dori ��t LLC in Ostler* (Mee I,11.Q Net are/a MOMmauve.wiry.no.,a raa,of)lrpa tort and.Mad Cony,Nana ak A Mk N 110020'W IJSC NOR.b Once N 23-31Y0'W 072.N Mt Inn�ef Am fresh proposed tor the pv0oew a a therm 3fW'!I'W 24113 Mt to the mthewt rant-d-op'le..d NaA-led nal lord>aurY. ll.b deal not rWoaa'll a boundary thence 202.01 feet dap a am coxan eonfh.eetW,having a redo,of IS0.00,old*Rh d carer. No caw nwwnrlb wen vet Mad d N 11'IIW W 23O.JJ hot dap sad rwtheaa n,. throat N 773I52'W 30.04 Mt cry sore naMwt M to Me eo thwt comet d let 521 n Lawmen I°the,. ow kw a%ed cComm 3 sea Canty.g. aneea► HLANKENBEKER & ASSOCIATES r N IJ101'W 1N.63 MC . ^� .f SURVEYING AND ENGINEERING N 773132'Y 202.0 tort N,)J'N 7l'of III.a2 feet 616 L COURT MK=JQl'@90NVN�MUNI, N Ip'31'1l'r 130.N tort 7n2<PN01R(612)2112-1163 N 35'34'32'Y 20608 Met etw...yu w•aa 0Y SCAM. OAYO: J06 I CSC , 20o MT 'TAM 202A 0'I-2401A • um 1N,1 1; 1 1 12 Mills, Biggs, Haire& Reisert, Inc. R..„ ,.tat. Hu•tar.. anJ I qu tpm.r.t 1ppra:...l. Restricted Appraisal Report of Ellingsworth Commons Park Property Middle Road Jeffersonville, Indiana 47130 -1' :o - '. + , cat_. -..,N, ,-2'. , ••••• N.................. .a 4' -'mod , 11 - 41114k:e. ` -i. f 'rat-...r.1...:.\ ‘.....____,...............e, „,,, \\ „, - t -_?. 41:0;0-', . .''' - s, ' . ", , i\ \ 1‘ till': '---.''' ..#"\* 14r1/4 -ip . ,,A tk.*.;-.. .-A, ... , 0 \ ,1,. \ . ,4,- 4. - : • - '...-,.....\ =., *- , \ '' -v< 7.' si; �,, �? d\.• . N. * !. a , y,4 =, a Isl sets Prepared For: Effective Date of Appraisal: Mr. Scott Koukola "As Is' Market Value Premier Homes August 16. 2024 108 Bowling Ln Clarksville, IN 47I29 Local Location Map 5 CEMENTVILI E trej W;►t con ;r -1 Subject-Ellingsworth Commons Park .__7.......r._._._ U1ca y o$ veterans Pk�vV a, 3; 4. 7 a q S t 3 e A`sC �e4 �rJa A w -,' /.. �k Glen e.v Oak Park WOODS ,10- Regional Area Location Map .,n• 1, t h•, p 1 Subject-Ellingsworth Commons Park t , I r, t1 Fil Clark villa t `t.' �,° x Ir►dtan H1IIs l .n r, :. Z � Louisville VICHNetiflue-ri . Y "',,, St Maul Mrddletowr Views of the subject property View alon Parkland Drive s M I; 1 I i2 Ivli(Is, Bioos, Haire Reisert, Inc. September 25,2024 Mr. Scott Koukola Premier Homes 108 Bowling Ln Clarksville, iN 47129 Re: Ellingsworth Commons Park Property Middle Road Jeffersonville, Indiana 47130 File #1600-55-24 Dear Mr. Koukola: Based on our scope of work as discussed with the client in our letter of engagement, we have inspected the above-referenced property on August 16, 2024, and carefully examined those factors that we considered pertinent in arriving at the valuation of the"as is" fee simple interest in the subject property. In this restricted report,some of the scope of work are copied below. The appraisal will result in the "market value" of the "as is" value of the subject property. Market value,as defined and adopted by the FIRREA Xi regulations, is as follows: MARKET(:4LUE The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale,the buyer and seller each acting prudently and knowledgeably.and assuming that the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated. 2. Buyer and seller are well informed or well advised, and are acting in what they consider their own best interests: 3. A reasonable time is allowed for exposure in the open market; 4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and 5. The price represents the normal consideration for the property sold, unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. The highest and best use of the property is for residential development use and the valuation is based on this premise. Charles R.Mills,Jr.,MAI,SRA,Al-GRS,ASA IP James K.Biggs*Charles E.Haire(1950-2016)ti•Perry G.Reisert,GAA 415 East Court Avenue,Jeffersonville,iN 47130.812-282-9222•812-284-5700•fax 812-282-9233 101 North Seventh Street•Louisville,KY•502-561-3497.812-282-9233•websrte www mbhr net Mr.Scott Koukola, Premier Homes RE: Ellingsworth Commons Park Property,Middle Road,Jeffersonville,IN Date: September 25,2024 Page 2 This Restricted Report has been prepared to comply with the appraisal requirements of the 2024 Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation; Title XI of the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA); as well as requirements set forth by the Comptroller of the Currency (OCC) Standards of 12 CFR part 34. This Restricted Report is a recapitulation of the data,analyses and conclusions. Supporting documentation is retained in the work file. The intended use of this assignment is to estimate the market value of the real estate for donation purposes. As will be discussed in the Scope of Work section of the report the Sales Comparison Approach is considered necessary to produce a credible value conclusion and are utilized in this assignment. The Income Capitalization Approach and the Cost Approach are not considered applicable due to the age of the improvements The value conclusion is made subject to the following special limiting conditions: 1. A survey was provided to the appraiser and the site size was estimated based on this survey. A copy of the survey is included in the addenda of this report. Considering all the pertinent factors that affect value,the estimated "as is"valuation of the fee simple interest in the subject property as of August 16,2024, is as follows: * * * TWO IMIILLION FOUR HUNDRED FIFTY FORTY THOUSAND DOLLARS * * * $2,450,000 The values presented within are subject to the assumptions and limiting conditions included in the following appraisal report. Respectfully submitted, Charles R. Mills,Jr. MAI, SRA, AI-GRS, ASA William R. Corby Indiana Certified General Appraiser#CG69201105 Indiana Certified Residential Appraiser#CR60300535 Ellingsworth Commons Park Property,Middle Road,Jeffersonville, IN 47130 Page 6 CERTIFICATION This signed Certification is for the Restricted Appraisal Report for the Ellingsworth Commons Park Property located along Middle Road Drive in Jeffersonville, Indiana. The undersigned do hereby certify that to the best of our knowledge and belief: I. The statements of facts contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial and unbiased professional analyses, opinions, and conclusions. 3. We have no present or prospective interest in the property that is the subject of this report, and no personal interest with respect to the parties involved. 4. We have performed no appraisal services regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. 5. We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 6. Our engagement in this assignment was not contingent upon developing or reporting predetermined results. 7. Our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client,the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 8. Our analysis, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics & Standards of Professional Appraisal Practice of the Appraisal Institute, which include the Uniform Standards of Professional Appraisal Practice. 9. William R.Corby has made a personal exterior only inspection of the property that is the subject of this report. Charles R. Mills,Jr.,MAI, SRA,Al-GRS,ASA made an exterior inspection only. 10. No one provided significant real property appraisal assistance to the person signing this certification. 11. The reported analysis,opinions,and conclusions were developed,and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics&Standards of Professional Appraisal Practice of the Appraisal Institute. 12. The use of this appraisal report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 13. As of the date of this report,Charles R. Mills,Jr. MAI,SRA,AI-GRS has completed the continuing education program for Designated Members. 14. As of the date of this report, Charles R. Mills, Jr., ASA has completed the continuing education program for the American Society of Appraisers Charles R. Mills, Jr., MAI, SRA,Al-GRS, ASA William Russell Corby Indiana Certified General Appraiser IN Certified Residential Appraiser CG69201105 CR60300535 Mills, Biggs, Haire& Reisert, Inc. Ellingsworth Commons Park Property, Middle Road,Jeffersonville, IN 47130 Page 7 ASSUMPTIONS AND LIMITING CONDITIONS The accompanying is a Restricted Appraisal Report for the Ellingsworth Commons Park Property located along Middle Road Drive in Jeffersonville, Indiana. The assumptions and limiting conditions that affect the analyses, opinions, and conclusions are: 1. No responsibility is assumed for the legal description provided or for matters pertaining to legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated. 2. No responsibility is assumed for matters legal or engineering in nature unless otherwise noted. Information provided by the client is assumed to be accurate. 3. The property is appraised free and clear of any or all liens or encumbrances unless otherwise stated. 4. The accompanying appraisal report is to be used as a whole and no part to be taken as a fraction thereof. 5. Responsible ownership and competent property management are assumed. 6. The information obtained by others is believed to be reliable,but no warranty is given for its accuracy. 7. Any distribution of the valuation of this appraisal report between land and improvements applies only under the existing program of utilization. The separate valuations for land and building must not be used in conjunction with any other appraisal or report and are invalid if so used 8. The acreage indicated in the legal description is solely for the purpose of identifying the said tracts and should not be construed as insuring the quantity of land. 9. It is assumed that there are no hidden or unapparent conditions of property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for obtaining the engineering studies that may be required to discover them. 10. It is assumed that the property is in full compliance with all applicable federal,state, and local environmental regulations and laws unless the lack of compliance stated, described, and considered in the appraisal report. 11. It is assumed that the property conforms to all applicable zoning and use regulations and restrictions unless nonconformity has been identified, described and considered in the appraisal report. 12. It is assumed that all required licenses, certificates of occupancy, consents, and other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. Mills,Biggs,Haire& Reisert, Inc. Ellingsworth Commons Park Property, Middle Road,Jeffersonville, IN 47130 Page 8 13. It is assumed that the use of the land and improvements is confined within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted in the report. No responsibility is taken for unrecorded covenants or restrictions that may affect the value of the property. 14. Unless otherwise stated in this report,the existence of hazardous materials, which may or may not be present on the property, was not observed by the appraiser. The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea-formaldehyde foam insulation, and other potentially hazardous materials may affect the value of the property. The value estimated is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for such conditions or for any expertise or engineering knowledge required to discover them.The client is urged to retain an expert in this field, if desired. 15. We, by reason of the appraisal, are not required to give further consultation or testimony or to be in attendance in court with reference to the property in question unless arrangements have been previously made. 16. Neither all nor any part of the contents of this report(especially any conclusions as to value, the identity of the appraiser, or the firm with which the appraiser is connected) shall be disseminated to the public through advertising,public relations,news,sales,or other media without prior written consent and approval of Governmental Appraisal Services, Inc. (MBHR). 17. The Americans with Disability Act (ADA) became effective January 26, 1992. The appraiser has not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property together with a detailed analysis of the requirements of the ADA could reveal that the property is not in compliance with one or more of the requirements of the Act. If so,this fact could have a negative effect upon the value of the property. Since the appraiser had no direct evidence relating to this issue,the appraiser did not consider possible noncompliance with the requirements of ADA in estimating the value of the property Mills, Biggs, Haire& Reisert,Inc. Ellingsworth Commons Park Property,Middle Road,Jeffersonville, IN 47130 Page 9 REPORT FORMAT As requested, we have prepared a Restricted Appraisal Report as defined by the 2024 Uniform Standards of Professional Appraisal Practice (USPAP). PURPOSE, INTENDED USE AND USER OF THE APPRAISAL It is understood that the purpose and intended use of this report is to estimate the "as is" market value of the fee simple estate for donation purposes.The intended user is Mr.Scott Koukola of Premier Homes and possibly the Internal Revenue Service. Any other user is considered an unintended user. DEFINITION OF MARKET VALUE Market value is defined as: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably,and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated; 2. Both parties are well informed or well advised, and acting in what they consider their own best interests; 3. A reasonable time is allowed for exposure in the open market; 4. Payment is made in terms of cash in U.S.dollars or in terms of financial arrangements comparable thereto; and 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sale concessions granted by anyone associated with the sale.l DATE OF VALUE ESTIMATE The date of the inspection and the effective date of the"as is"valuation is August 16,2024. The date of the report is September 25,2024. PROPERTY RIGHTS APPRAISED The property rights being appraised are those of the fee simple estate. Fee Simple Estate is defined as: Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. Office of the Comptroller of the Currency under 12 CFR,Page 34,Subpart C-Appraisals-34.42 definitions(f). Mills, Biggs, Haire& Reisert, Inc. Ellingsworth Commons Park Property, Middle Road,Jeffersonville,IN 47130 Page 10 Leased Fee Estate is defined as: The ownership interest held by the lessor, which includes the right to receive the contract rent specified in the lease plus the reversionary right when the lease expires. Leasehold Interest is defined as: The right held by the lessee to use and occupy real estate for a stated term and under the conditions specified in the lease. Subleasehold is defined as The right to occupy and use property that results when the lessee in a prior lease conveys (i.e., subleases) the right of use and occupancy to another, the sublessee; also known as a subleasehold interest.2 There are no personal property, fixtures, or intangible items that are included in the valuation. ESTIMATED MARKETING/EXPOSURE TIME The estimated marketing time for the subject property is based on the most recent comparable sales data. Based on the most recent available data for similar properties in the competing market area,the indicated marketing period is three to twelve months, with most in the range of four to eight months. There are no apparent characteristics related to the subject property that should greatly enhance or limit its marketability.Therefore,the marketing period is estimated to be four to eight months. Similarly,the exposure time for the subject property is estimated to be four to eight months. SCOPE OF WORK Mr. Scott Koukola of Premier Homes has authorized the completion of a restricted appraisal report providing an "as is"market value estimate of the fee simple interest of the subject property. The report includes all pertinent sections in conformance with the requirements of the 2024 Uniform Standards of Professional Appraisal Practice (USPAP) and the federal regulatory requirements as specified by the Board of Governors of the Federal Reserve System. The scope is the type and extent of research and analysis in an assignment(USPAP). The scope of work in this assignment includes the following: • Inspection of property and area • Review of the legal descriptions • Economic analysis of the region • Determine the competitive neighborhood • Study of maps, plats and public records • Analysis of the History of Ownership • Analysis of site and improvements • Analysis of the highest and best use • Determine interest(estate) to estimate value 2Appraisal Institute,The Dictionary of Real Estate Appraisal,Seventh Edition(Chicago,Illinois,2024). Mills, Biggs,Haire& Reisert,Inc. Ellingsworth Commons Park Property, Middle Road,Jeffersonville, IN 47130 Page 11 • Confirmation and analysis of comparable sales of vacant properties • Analysis and value conclusions by the Sales Comparison Approach • Analysis of value by the Sales Comparison Approach • Reconcile the values by the approaches • Report the value conclusions USPAP dictates to use accepted techniques that produce a credible estimate of value and is not misleading. If an approach or pertinent data is omitted, it should not reduce the reliance or credibility that could cause the value reported to be misleading. A typical appraisal procedure includes the three standard approaches to value; Cost, Sales Comparison and Income Capitalization Approaches. Based on use of appraisal and client's needs,we concluded to estimate a credible value conclusion only the Sales Comparison Approach was deemed necessary and completed. The data used in these approaches, was obtained from buyers, sellers, brokers, leasing agents,property managers, and other parties that may have been involved in the transactions. We assume the information received from these various sources is correct and representative of the actual transaction. The approaches derived value indication,which was then reconciled into a final estimate of value. The Cost Approach and the Income Capitalization Approaches were not considered applicable. The data used in the approaches were obtained from buyers,sellers,brokers,leasing agents, property managers,and other parties that may have been involved in the transactions. We assume the information received from these various sources is correct and representative of the actual transaction. The approaches derived value indications, which were then reconciled into a final estimate of value. In each of the approaches and the final correlation, the reasoning that supports the analyses, opinions and conclusions is described. IDENTIFICATION OF THE PROPERTY The subject property's is the Ellingsworth Commons Park Property, located along Middle Road in Jeffersonville, Indiana and contains 28.816+- acres, according to the survey provided by the client. The subject is identified as part of the following: Parcel Number: 10-42-00-400- 212.000-039 in the Clark County Assesssor's Office and is legally described in Deed Instrument 201721433 in the Clark County Recorder's Office. HISTORY OF OWNERSHIP The property is currently owned by the Ellins Property Development, LLC and has not transferred in the last five years. The property is not currently listed for sale and is not subject to any know purchase agreements or leases, that would encumber the property Mills, Biggs, Haire & Reisert, Inc. Ellingsworth Commons Park Property, Middle Road,Jeffersonville, IN 47130 Page 12 SITE DESCRIPTION The subject site is located on the north side of Middle Road and the West side of Port Road in the Ellingsworth Commons subdivision and is the Ellingsworth Commons Park property Jeffersonville, Indiana. The site size was based on a survey that was provided to the appraiser by the client. Site Improvements include concrete sidewalks and curbs, two silow and two lakes. The following is a description of the subject site based on the county records and physical inspection. Land Area: Approximately 28.816 acres (+/-) Shape: Irregular Frontage: The site has frontage along Middle Road and Parkland Drive Topography: Primarily level to rolling and above street grade Drainage: Appears adequate Flood Zone: A portion of the subject site is located in the 100- flood plain according to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map, Community Panel #18019CO279,dated April 16, 2014. In the addenda is a copy of the flood map panel. Utilities: The site has access to all city utilities, including electricity provided by Duke Energy, water provided by Indiana-American Water Corporation, gas provided by Vectren Energy, and sewers. Street Improvements: Marriott Drive is a two-lane, asphalt-paved road Ingress/egress: Ingress and egress are provided via Middle Road and Parkland Drive Zoning: According to the records of the Clark County Plan&Zoning Office, the subject property is currently under the zoning classification of PD-Planned Development. This district permits most residential uses typical of the area. Based on a review of the zoning district regulations, the subject property appears to be in conformance. Overall, the subject site appears to have average utility for residential development uses typical of the area. There are no apparent adverse factors that would limit the development potential of the site. Mills, Biggs,Haire&Reisert, Inc. Ellingsworth Commons Park Property, Middle Road,Jeffersonville,IN 47130 Page 13 TAX ASSESSMENT AND ANALYSIS According to the Clark County Assessor's Office, the total subject property assessment is $142,100. The 2024 taxes are 3,171+-. The assessment is below market value, which is typical of similar vacant development land assessments and is considered reasonable. MARKET ANALYSIS The subject property's primary market area is defined as the Jeffersonville area, and surrounding areas of Clark and Floyd County's and neighboring counties would provide secondary competition.The properties that would compete directly with the subject property would primarily be similar size properties located within the market area. The demand for similar properties in the market area is stable.Due to the subject's location and frontage,market trends are mostly favorable for the subject. HIGHEST AND BEST USE ANALYSIS Based on our analysis, the highest and best use of the subject property as vacant is for residential development use. SALES COMPARISON APPROACH The market value of the subject property is estimated by the Sales Comparison Approach, using recent sales of comparable properties with similar characteristics. The comparable sales utilized are similar in size and other characteristics. Adjustments are made for differences in market condition, location, size, effective age, quality construction, and other features. Based on the analysis, the estimated "as is" valuation of the subject property as of August 16, 2024 is $2,450,000 (Rounded). RECONCILIATION OF VALUE INDICATIONS The value indications of the three approaches used to estimate the market value of the subject property are as follows: "As Is" Cost Approach Not Applicable Sales Comparison Approach $2,450,000 Income Capitalization Approach Not Applicable In conclusion, the market value of the subject property was estimated using the Sales Comparison Approach to value,which is the only applicable to value the subject. Considering all the pertinent factors that affect value, the estimated "as is"valuation of the fee simple interest in the subject property as of August 16,2024, is as follows: * * *TWO MILLION FOUR HUNDRED FIFTY FORTY THOUSAND DOLLARS * * * $2,450,000 Mills, Biggs,Haire& Reisert,Inc. Ellingsworth Commons Park Property, Middle Road,Jeffersonville, IN 47130 Page 14 ITEM SUBJECT COMPARABLE1 COMPARAB1E2 COMPARABLE3 COMPARA8L 4 RECORD NUMBER NSA 2111 2350 2239 2019 ADDRESS MIDDLE RD 2718 COOPERS LN 606 OLD SALEM RD 3616-3618 UTICASBURG RD HERB LEWIS RD JEFFERSONVILLE,IN JEFFERSONVILLE,IN JEFFERSONVILLE,IN JEFFERSONVILLE,IN JEFFERSONVILLE,IN SALE DATE Aug-22 Feb-24 Sep-22 Dec-21 SALE PRICE $322,000 $650,000 $2,200,000 $982,271 LANDSIZE(ACRES) 28.816 4.030 6.221 26.000 11.370 !ZONING PD R3 R1 R2 M3 PRICE PER ACRE $79,901 $104,485 $84,615 $86,391 PROPERTY RIGHTS CONVEYEC FEESIMPLE FEESIMPLE FEESIMPLE FEESIMPLE FEESIMPLE %AND$ADJUSTMENT 0% $0 0% $0 0% $0 0% $0 CONDITIONS OFSALE TYPICAL TYPICAL TYPICAL TYPICAL TYPICAL %AND$ADJUSTMENT 0% $0 0% $0 0% $0 0% $0 FINANCING NSA CONV CASH CASH CONV %AND$ADJUSTMENT 0% $0 0% $0 0% $0 0% $0 EXPENDITURES AFTER SALE NONE NONE NONE NONE NONE %AND$ADJUSTMENT 0% $0 0% $0 0% $0 0% $0 TOTAL ADJUSTMENT 0% $0 0% $0 0% $0 0% $0 ADJUSTED PRICE PER ACRE $79,901 $104,485 $84,615 $86,391 MARKET CONDITION September-24 Aug-22 Feb-24 Sep-22 Dec-21 %AND$ADJUSTMENT 7% $5,593 2% $2,090 6% $5,017 8% $6,911 ADJUSTED P RICE P ER ACRE $85,494 $106,575 $89,692 $93,302 ILOCATION INFERIOR EQUAL EQUAL EQUAL 1 %AND$ADJUSTMENT 15% $12,824 0% $0 0% $0 0% $0 SIZE SUPERIOR SUPERIOR EQUAL EQUAL %AND$ADJUSTMENT -5% -$4,275 -5% •$5,329 0% $0 0% $0 FRONTAGEJACCESSIBIUTY EQUAL EQUAL EQUAL EQUAL I %AND$ADJUSTMENT 0% $0 0% $0 0% $0 0% $0 TOPOGRAPHY/UTILITY SUPERIOR SUPERIOR SUPERIOR SUPERIOR I %AND$ADJUSTMENT -20% -$17,099 -20% -$21,315 -20% -$17,938 -20% -$18,660 'OTHER ADJUSTMENTS INFERIOR INFERIOR INFERIOR INFERIOR %AND$ADJUSTMENT 10% $8,549 5% $5,329 10% $8,969 10% $9,330 'TOTAL NET ADJUSTMENT 0% -$1 -20% -$21,315 -10% -$8,969 -10% -$9,330 ADJUSTED PRICE PER ACRE $85,493 $85,260 $80,723 $83,972 ISUBJECTACREAGE 28.82 MEAN$/AC $83,862 ESTIMATEPRICE/ACRE $85,000 MEDIANS/AC $84,616 ESTIMATED MARKET VALUE $2,449,100 $2,450,000 ROUNDED i Mills, Biggs, Haire& Reinert, Inc. IC' OE 10-42-01-400-212.000-039 Ellings Property Development L 4205 MIDDLE ROAD 103,Dairy Farm UTICA RES AREA 1-039/1 12 CI General Information Ownership ) Transfer of Ownership Notes CI. Parcel Number Elkngs Property Development LLC Date Owner Doc ID Code Book/Page Adj Sale Price VA 12rt2023 OENLRAI.2L25 REMOVED ALL 1042-01-400-212.000-039 2709 Blacklston Mil Road aARA6 SEas RE4Aa1 EBCI Clarksville,IN 47129 12/01/2017 ELngs Property Dever 201721433 SW 1 $2.019,480 I 1241a•2a22 GENERAL:REASSESSMENT 23424. Local Parcel Number 01/25/2013 Stock Yards Bank 201001se1 OC I I 42-00003-068-0 No ORANGE.EarEw Q Tax ID: • 12282012 Stock Yard.Bank 8 Tr 201225E01 OC I I lemon GENERAL.23-24.y1 u p..16142.1. enLoyal 12/12/2012 Stork Yards Bank a Tr 201224605 TO I I 06a ,..1 CO 14 63.26 Ac Rumee 12/12/2012 Stock Yards bank 8 Tr 201224604 TD I I RoutingNumber an6a022 GENERAL:F-115(21-22y/2BOARD 111192012 stock Yarda Bank 8 Tr 291223046 TD r I PTA2IOA HEARING ON 631.2022.THE BOARD NT VOIEU TU UAOC BE T E TOTAL ASSESSED TO Property Class 103 CHANGES MADE BY THE As9E«S OFFCE Dairy Farm I� AgdwRlad �cLu+AL IS�S�OL ED,CLLOOE STRUCTURES Valuation Records(Work In Progress values are not certified values and are subject to change) tOH Y2021 GENERAL.21.73 SPLIT To 42J-1010 Year.2024 2024 Assessment Year 2024 2023 2023 2022 2022 r Locatlon'Informotlon WIP Reason For Change Aenual-A4J Revel134 AnnuaNW) Miss Mlss c,iu,s4 GE SO BL429111 GENERAL`RussrssMEnt NO County 03/12/2024 As Of Date 041182024 02/12/2024 04/06/2023 07/132023 071122023 C Clark t2n4o11 RA '.7 GENERAL BOLD FOR 2010.460 ON 0 Indiana Cost Mod Valuation Method oceans Cost Mod Ird:ana Cost Mod indium Cop Mod Indians Coat Mod eriana Cost Mod 11.15.17 OwALE AG LARD Sol 1n Township1.0000 Equalization Factor 1.0000 1.0000 10000 1.0000 I0000 L. tinware:REASSFSSMENTSFAL-NO A T hi E w UTICA TOWNSHIP Notice Required G) Q ❑ 0 Q CHANGE t.. District 039 (Local 042) $116,700 Land S116,700 $97,200 $97,200 99,500 $99,500 taunts GENERAL:13-14-EDO PERMIT• t. Ca e.s: JEFF CITY-UTICA TWP-OFl1' $0 Lend Ros(i) $0 50 $0 Sp $0 sF�.aEuo�OOM/El1.HNG School Corp 1010 $116,700 Land Non Res(2) 5116,700 $97,200 $97,200 $99,500 $99,500 7110ae12 GENERAL:Rr-AsNEN4AE41-(TA 444ss SO Land Non Res 3 O. SO $0 $0 SO SO LG)-NOTE SAYS CANT GET TO BECAUSE TS 01 ,Q GREATER CLAFtK COUNTY _ _. _ SATED N 22 $25,400 Improvement S25,400 $44,900 S44,900 $44,600 S47,400 ^� Neighborhood 10105080 SO Imp Res(1) 50 S0 SO SO SO imam'GENERAL:••.12-TAX O/PORTS ACet N. UTICA RES AREA 1-039 $0 Imp Non Res(2) SO SO SO SO so OW/CZ(La) Section/Plat __ $25,400Ito•Non Res 3 _ $25,400 $44,900 544,900 $44,600 547.400 Y25ae11 GENERAL:L134(10.Il), n..e V ,� $142,100 Total $142,100 $142,100 5142,100 8144,100 8146,900 ..,4 .0 SO Total Res(1) 50 SO SO SO SO Land computations .�CGaS 4�4 Location Address(1) $116.7110 Tole!Non Res(2) $116,700 $97,200 597,200 599.500 $99,500 Calculated Acreage 63.28 "q /-. 4205 MIDDLE ROAD 525,400 Total Non Res(3) S25,400 544.900 544,900 S44,600 $47,400 Actual Frontage 0 to • JEFFERSONVILLE,IN 47130 Lang Data)(Standard Depth:Res 10D'.C1 10D' Base Lot:Res 0'%0',Cl 0'2(0`) Developer Discount Prlclnp Zoning ry1.and kletl.o Soil Act Bice Factor Rafe Adj. Eat Intl. Market Cap 1 Cap 2 Cap 3 yak,. Parcel Acreage 63.26 M.. YP• d ID Front- Rate Value % F•ctor 81 Local Drain NV 0.00 '+1 6a 4 A HaD2 0 23.043 0.64 52,770 51.459 $33,620 0% 1.0000 000 1000C 0W $33.620 82 Pubic Roads NV 0.00 Subdivision h o i. 4 A Han 27 0.51 $2,250 $1,163 $3,140 0% 10000 0.00 10C.00 040 $3,140 83 UT Towers NV 0.00 0.1 4 A H3A 0 5.511 089 52,280 $2.029 511,194 0% 1.0000 000 100.00 000 511,190 9 Homeslte 0.00 �•1 r' Lot 4 A Ho02 0 90 0.61 02,280 51,847 516.623 0% 10000 000 10000 000 $16,620 91/92 Acres 0.00 L4 4 A Ps 0 1.3 0.50 $2,260 $1,140 51462 0% 10000 010 10000 000 51480 Total Acres Farmland 63.26 CO Market Model 4 A Wu 0 9.7 1.15 52,280 52,622 525,433 0% 1.0000 000 10000 0.00 $25,43E Fannlartd Value $116,640 NIA Measured Acreage 63.26 to Characteristics 4 A MA 0 9.3 0.94 52120 52.143 519,930 0% 1.0000 000 10000 000 519,930 G' 4 A WIB 0 2.7 0.65 52.2A0 51.938 $5,233 0% t.0t100 000 10000 000 $5.230 Avg Farmland Value/Acre 1844 Topography Flood Hazard Value of Farmland $116,650 Boling E Classified Total $0 E Public Utilities ERA Farm I CWesited Value S116,/00 G`, Water,Electricity [J Honreeite(s)Value So (,) Streets or Roads TIF 91/92 Value $0 ..0 Unpaved [] Supp.Page Land Value 1�', Neighborhood Life Cycle Stage CAP 1 Value $0 p Static CAP 2 Value $116.700 P100.10 S.m.r.Aps 21.2024 CAP 3 Value $0 tit Review Group Data Source NIA Collector Appraiser Total Value $118,700 C W a Cop 10-42-01-400-212.000-039 E(Iings Property Development L. 4205 MIDDLE ROAD 103,Dairy Farm t1TtCA RES AREA 1-03911 rai General Information Plumbing Cost ladder Occupancy Sib IS TF Floor Constr Base Finish Value Totals Description Silo Ful Bath 1 Story Height 0 Half Bath 2 C Style 1UA Kitchen Sinks 3 en Finished Area Water Heaters 4 — Make r Add Fixtures 1/4 et Total 1/2 4Eaxh ❑Tb 3/4 1.,4 ['Slab ['Carpet AccdmnodaHons J., Attic ['Sub&Joist ❑unflnshed Bedrooms Bsml ❑Wood ❑Other Living Rooms Crawl '; ❑Parquet Dining Rooms • • Slab C Famliy Rooms Total Base L PoasterlDrywall Unfinished Total Rooms Adjustments Row Typo Ad). Z Un0n int(-) ti w ['Paneling ❑011her Huai TYPO, .. . Ex Liv Units(.) 04 Fbo m 2 1 Rec Room(.) h Ol -., Lon(.) ,v "Cl Built-Up ['Metal UAsphalt•USiate UTilo Fireplace(') Ol OS ❑Wood Shingle Daher No Heating(-) f4 ay Exterior Features .. . NC(e) No Eloe(-) Descriptbn Area Value Plumbing(+I-) L "'C Spec Plumb(*) .Ct • ,- Salatalty PlGinbirig. - Ekhvetor(4) ►� 'Description Count •Value Sub-Total,One Unit SO y Sub-Total,1 Units qq Exterior Features(.) $0 S0 .r..V 1. Garages(.)0 spit SO 50 G Oua5ty and Design Fader(Grade) y O Location Multiplier 0.88 , lw Replacement Cost $42,328 •h< .k Summary,at ImptaVeli oats • '�' y Story Comm yw Eft Eft Co r ease A� Norm R , A6n R 011 Hatgtrt ryps Oraa• Du(h 'fur LCM Sim RCN PC Hbad Lldd Cap 1 Cap 2 Cap 3 Ihnprw Value Aga M Rate Hat. Otp Value Ohs py 1.Stlo 1 Conaato C 1980 1980 44 F 0.88 2(Y o 7a S42,3211 70% 712700 0% 100% 10070 1.000 0.00 0.00 100.00 512,700 C2 a AS Soo 2 1 Canasta C 1980 1980 44 F O 20*a 70 542,328 70% 512,700 0%100% 1.0033 1.000 0.00 0.00 100.00 512,700 O E E O U .a I- 5. O CA et C Total all pages S25,400 Total this page $25,400 W on a 0.N ELLINGSWORTH COMMONS PARK DEDICATION TO THE CITY OF JEFFERSONVILE ...ULM- p � ...T..aN •.,.• It • 0 r.• IN L•A.T.I 1 rl • • • n.N.1•n J•40•0.1•f1• • f mint • 1111111111111111111111111111p I. y •T•1•••. ••,.N at Or fi • I.1.1T Ilnrlk 1N, `1t. n i •, nn ."f•..' liel .*. . •OS a T • 1 il11IIIII I I I l 1 I am"Ill iffekOkti‘. AIM l'474,4V. ---- --, cc =`— s •I'',, ��� 1•IATf II.N•NT^A. I•f.. !�� N! �� �r�T .�.I' .�.�.1A �•�M V 1 L V ^ �.. N�.iC aNNl1.y •� • s,�emu-=Z� } -......T. sr �c Cr .,.... •S. •••••.•N. .l r�...•- _.I.. �" In 0• =s 1..1._..�. _tams._.•_ 1— O .> •r_r,.,. L .•..,.^:'"'r:y..:=."�._. .•........ram«.... ,,:'�:,;• •• :.._•,._�... ••••• WO • S •••.1 vs.••nn`..•! .•.•.•• _ •.oM ..... ••w•.1•..•1m:1.••• -�...w t art r.•s s+._« • •. —w.•••.••.....n.r« afI • • L ..I'_1It?- —•taut».«I.w..n•".•.. —.•..r.•wsr«.... n,.•...•. ,••_• r.. ...• 4e w..1 1•••••_•.•_._.W..•i•.•.•....1«• ••••i•• ,1:`•1 1• • n..0... .... .....VIC. •,••>.•... _.. root 0. • mo O ~11.y 1 A+r ..•••••.r •.•nf�I1�. ':'.r r^.•.0• ""'••••w...r•..••+ U Cy*earn •��•ie`«�•'r"= .•.•.•.'. t11.AVKF.VHEKER & ASSOCIATES • t •••'a•,•••: ••••••.. -*!I IiVTTING AND ANI:IVFENING•••• +'• •a�i••s:lrai:.i Me f MAR MAW mN• •1. lass=I•v1 Na-.� 1x ►-wno•a1 I a•• I d h CZ C w Ellingsworth Commons Park Property, Middle Road,Jeffersonville, IN 47130 Page 18 Prepared for Mills Biggs Ilaire &Reiserl I i 1 i :iFlood 4705 Middle Road `,� - Jeffersonville,IN 4/130 ' ' .1 1 .tea. t =a1' •~' t ~ c. ;a/ N. O ,: . k of r.R ��rr �- ° ma's" • !d D$ << f�. ���°nRd m.. �Ii .ti •• 1 . ,: levers Shin' ., Ili Cn�r .4e• /dc.-t• rt�,/, 4 ob. �, e 44, I r •!,„ ivy I { 1 n '•1 y . so.` 1a_. I, w N , • , �Y.W ''r Iris �a ' - r; i.. ' ii.\ 0 is as of ' 'r•' ' '°, ,.' 5 i 41E,; ''0 6 i 1 �c A A , w, . `'r ‘4 r ♦ .,, �'�►:, Sip ._% •3 .'-. ' , e • 14 �repl'� 'lik • `tie s _: MAP DATA MAP LEGEND ••1 :• N:t FEMA Special Flood Hazard Area Yes 0 Areas Inundated by 5c0-.ear fb,d,nq il Protected Areas Map Yuntt:er 18019CO279E El Areas,nundated by 100-year tb_amg 0 Floodway Zone AE _ Map Date April 16,2014 n :eloady Hazard I Subfe_t Area FPS 18019 Mills, Biggs, Haire& Reisert, Inc. Ellingsworth Commons Park Property, Middle Road,Jeffersonville, IN 47130 Page 19 QUALIFICATIONS It II Charles R. Mills, Jr., MAI, SRA,AI-GRS, ASA Mills, Biggs, Haire& Reisert, Inc Louisville Office 415 E.Court Avenue,Jeffersonville, IN 101 N. 7" Street, Louisville, Kentucky 40202 812-282-9222,ext.224 Voice(502)561-3497 cmills@mbhr.net Fax(812)282-9233 As of May 23,2024, WEB Page: mbhr.net Experience Over forty-nine years appraising industrial, commercial, residential, and special purpose real estate. six years Ad valorem, and thirty+ years equipment and business valuation during this period State Licenses and Indiana—Certified General Appraiser Certification.#CG69201105,Exp Date:June 30,2024 Certifications Kentucky—Certified General Appraiser Certification.#000663,Exp Date:June 30.2023 West Virginia—General Appraiser Certification#148.Exp Date: September 30,2023 Ohio—General Appraiser Certification#405251.Exp Date:February 18,2023 Indiana—Real Estate Broker.RB 1400729,Exp Date:June 30.2023 Kentucky—Real Estate Broker. 187292:Exp Date: March 31.2024 Professional Designation Appraisal Institute, SRA Member, MAI Member and AI-GRS (General Review Specialist), American Society of Appraisers, Dual Designations. Senior Member,(Urban Land &Ad Valorem Tax),National Association of Certified Valuators(NACVA), Practitioner member(Former Member of Institute of Business Appraisers, Inc.) Organizational Membership Appraisal Institute, (Former American Institute of Real Estate Appraisers and & Affiliations Society of Real Estate Appraisers held numerous offices locally and nationally), (National Offices Held), Al Board of Directors-Region 5 1991-1992 & 1993- 1995, Regional Representative to Region V 2000-2004, Region Member, Leadership Development and Nominating Committee, 2005. Third Director to the Al Board of Directors-Region 5, 2005, Vice Chair-Region 5, 2006, Chair- Region V, 2007, Immediate Past Chair-Region V, 2008, Vice Chair Chapter/Member Services Committee, Chapter/Member Services Committee, Regional Ethic and Counseling Panel,SRPA/MAI Regional Experience Committee, 2007-2008, Al National Audit Committee, 2009-2011, 2014-2015 & 2017 & 2018, Leadership Development and Training Committee,Third Director to the Al Board of Directors-Region 5, 2012, Vice Chair Region V 2013-2014, Chair- Region V 2015-2016,Vice Chair 2017-18.Immediate Past Chair Region V 2019, National Finance Committee 2020-2021, 2020-2021 Member of the Audit Committee Best Practices Project Team, Regional Elections Policy Project Team (2021-2024) and recipient of 2020 Appraisal Institute International President's Outstanding Service Award. Local Offices Held:Board of Director, 1991, 1996, Vice-President/Program Chairman, 1997, President 1998; 2018 Life Designated Member.Southern Indiana Realtor Association: BOD 1999-2001. Mills, Biggs, Haire& Reisert, Inc. Ellingsworth Commons Park Property, Middle Road,Jeffersonville,IN 47130 Page 20 Education—Formal Bachelor's degree — Indiana University, Attended Bowling Green State University, Ohio University, Pensacola Junior College Education — Real Appraisal Institute courses completed and passed: Estate Appraisal Appraisal Practices, Urban Problems, Investment Analysis, Highest and Best Use Seminar, Computers and Discounted Cash, Flow Seminar, R- 41b Seminar, State Licensing Seminar, State Certification Seminar, Standards of Professional 2003, Real Estate Risk Analysis, Appraising Conservation and Preservation Easements, Market Analysis, FNMAC Seminar, Computer Assisted Income Capitalization, R-4Ic Seminar, Computer Assisted Sales, Comparison Approach, Standards of Professional Practice A&B,Narrative,Report Writing, Completed and passes Society of Real Estate Appraisers(Prior to Unification):Appraisal Principles, Course R-2, URAR Analysis, Single Family Inspection Procedures, Income Properties, Instructor Clinic (1986 & 1987), Standards of Professional Practice C (2001), Hazardous Material Consideration Completed and Passed International Association of Assessing Officers and American Society of Appraisers: Appraisal Principles, ME201 Principles of Valuation Machinery & Equipment, ME202 Machinery & Equipment Valuation Methodology, AI, ASFMRA, ASA & Land Trust Alliance: Valuation of Conservation Easements Certificate Program 6 Methods, Uniform Appraisal Standards for Federal Land Acquisitions (Yellow Book) Fundamentals of separating Real Property, Personal Property and Intangible Business Assets. Review Theory-General. The Valuation of Commercial Real Estate, Core Logic of computer application Cost Approach. Completed Advance Market Analysis and Highest and Best Use March 2021. Teaching Experience Instructor: Society of Real Estate Appraisers Courses 101, 201 & 202, American Institute of Real Estate Appraisers, Course 110, 1990-1995, Indiana Vocational College (1998-2008), Indiana University Southeast (1988-1990), Real Estate Appraisal Principles. Jefferson Community College Capitalization Theory. Court Testimony Qualified expert witness in Federal Courts and courts in Kentucky, Ohio, Indiana,Delaware, California,and West Virginia. Real Estate River Ridge Commerce Center,City of Jeffersonville,Your Community Bank, Machinery & BB & T, L&N Federal Credit Union, PNC Bank, Clark County Equipment & Commissioners, Louisville-Jefferson County Air Board, Clark County Air Business Valuation Board, Internal Revenue Service, Federal Housing Authority, Veterans Appraisal Clients Administration (Indiana), General Service Administration, Proctor and (partial list) Gamble, Fifth-Third Bank, Peoples Bank of Ohio, US Bank, FDIC, CSX Transportation, PBI Bank, Republic Bank & Trust, Jackson County Bank, Indiana Department of Transportation,Justice Department of the United States of America. Mills, Biggs,Haire& Reisert, Inc. 900 Marriott Drive, Clarksville, IN 47129 Page 21 4..41 Indiana Professional Licensing Agency ;' ": Real Estate Appraiser Licensure Board f'.Q■ 402 W.Washington Street.W072 Indianapolis,IN 46204 Certified General Appraiser Lcense N,.rber Exp.re Da., CG69201105 06/30/2026 Charles Ray Mills, Jr. Eric J. Holcomb Lindsay M.Hyer Governor Executive Directcr State of Indiana Indiana Professional Licensing Agency OfIndiana Professional Licensing Agency 402 W.Washington Street,W072 Indianapolis,IN 46204 Certified General Appraiser Lkense Number Expire Dam CG69201105 06/30/2026 Charles Ray Mills,Jr. Mills, Biggs, Haire& Reisert, Inc. 900 Marriott Drive, Clarksville, IN 47129 Page 22 Professional Qualifications William R. Corby Mills, Biggs, Haire& Reisert, Inc. 415 E.Court Avenue,Jasper, IN 47456 812-282-9222,ext. 223 rcorby@mbhr.net Experience Over 20 years of full-time real estate appraisal experience, including residential,commercial, industrial,and special purpose properties State Licenses and Indiana — Certified Residential Appraiser, #CR60300535, Expiration Certifications Date: June 30,2024 Indiana—Real Estate Broker,#RB I9000573 Education—Formal Bachelor of Arts Degree, Bellarmine University, 1993; Business Administration Major Education — Real Estate Appraisal Institute courses completed and passed: Appraisal • Principles of Appraising • Uniform of Professional Standards • Rural and Farm Appraising • Site and Site Improvements • Basic Income Capitalization • Indiana Rules and Case Studies • Business Practices and Ethics • Reviewing Residential Properties • Residential Case Studies II • Mold, Pollution, and the Appraiser • REO and Foreclosures • Appraising and Analyzing Retail Shopping Centers for Mortgage Underwriting • Appraising and Analyzing Office Buildings for Mortgage Underwriting Appraisal Clients (partial New Hope Services, Inc., First Federal Savings Bank,Town&County list) Bank & Trust Co. , JP Morgan, Marengo State Bank, PNC Bank, Republic Bank & Trust, Regions, Mid Southern Savings Bank, FSB Company,Your Community Bank,City of Jasper,Town of Clarksville, and Indiana Department of Transportation. Mills, Biggs, Haire& Reisert, Inc. 900 Marriott Drive, Clarksville, IN 47129 Page 23 Indiana Professional Licensing Agency , Real Estate Appraiser Licensure Board ft 402 W.Washington Street,W072 w c Indianapolis,IN 46204 Certified Residential Appraiser -icense Number Expua Date CR60300535 06/30/2026 William R. Corby Eric J.Holcomb Lindsay M.Hyer Governor Executive Director State of Indiana Indiana Professional Licensing Agency Indiana Professional Licensing Agency 402 W.Washington Street,W072 Indianapolis,IN 46204 Certified Residential Appraiser I License,Numb., Expire Oat. CR60300535 06130/2026 William R. Corby Mills, Biggs, Haire & Reisert, Inc. thereto except having attached to it additional signature pages. i. No Presumption. All the parties hereto and their attorneys have had full opportunity to review and participate in the drafting of the final form of this Donation Agreement and all documents attached as exhibits. Accordingly, such documents shall be construed without regard to any presumption or other rule of construction whereby any ambiguities within this Donation Agreement would be construed or interpreted against the party causing the document to be drafted. In Witness Whereof, the parties have caused this Donation Agreement to be executed by their respective, duly authorized representative on the date set forth beside their signature. DONOR: Ellings Property Development, LLC By: Dated: Jeffery A. Cor.- t, Authorized Member By: Dated: Printed: —k• O d rk. Title: 1"`G►i a/ STATE OF INDIANA COUNTY OF CLARK ) Before me, a Notary Public in and for said County and State, on , 2024, personally appeared Jeffery A. Corbett, as Authorized Member Ellings Property Development, LLC,who swore to the truth of the representations contained herein and who acknowledged the free and voluntary execution hereof on behalf of said entity. Notary Public Printed: Resident of County, Indiana My Commission Expires: My Commission Number: thereto except having attached to it additional signature pages. i. No Presumption. All the parties hereto and their attorneys have had full opportunity to review and participate in the drafting of the final form of this Donation Agreement and all documents attached as exhibits. Accordingly, such documents shall be construed without regard to any presumption or other rule of construction whereby any ambiguities within this Donation Agreement would be construed or interpreted against the party causing the document to be drafted. In Witness Whereof, the parties have caused this Donation Agreement to be executed by their respective, duly authorized representative on the date set forth beside their signature. Di) ti CDOWSE R, Ellings Property Development, LLC By: 7' Dated: /0 /111jZD�H Jef ry •Cor ett, Authorized Member DONOR: By: Dated: Printed: Title: STATE OF INDIANA COUNTY OF CLARK ) Before me, a Note ry Public in and for said County and State, on 04 ( V , 2024, personally appeared Jeffery A. Corbett, as Authorized Member Ellings Property Development, LLC,who swore to the truth of the representations contained herein and who acknowledged the free and voluntary execution hereof on behalf of said enti 77\i(1)-e4- r- - �oa�"p"� THERESA M TALLEY Notary Publy��/�/,��1 JJ s >, e�;Notary Public. State of Indiana Printed: / -fetes-A- M (C4--ft e 8`•• L Clark County J z Commission Number NPo621835 Resident of County, Indiana I �>,°"t'OF►.N�S My Commission Expires a f October 21,2026 My Commission Expires: /u/..z'7Lle My Commission Number:Al 1 D G�/P 3 s STATE OF INDIANA COUNTY OF CLARK ) nn Before me, a Notary Public in and for said County and State, on OC.k "01' , 2024 personally appeared ',Mai o a re_.- . as authorized representative of the City of Jeffersonville, Indiana,\vho swore to the truth of the representations contained herein and who acknowledged the free and voluntary execution hereof on behalf of said entity. Notary Pub 'c. Printed: 4/-/� �/ / 7 Q/122../ Resident of (_/_F�.Pk County, Indiana My Commission Expires: ,/ 9/.2o3Co Commission Number:/L/iO, �j� �J Prepared by Culler Law Office, LLC, Ronald D. Culler, Attorney, 2123 Veterans Parkway, Jeffersonville, Indiana 47130, phone 812-284-2685. CHRISTY M O'NEIL di Seal Notary Public-State of Indiana Clark County My Commission Expires May 9,2026 LIC#NP0713339