HomeMy WebLinkAboutClark Memorial Hospitalun. 6, 2006 !:58P~! SMZTH BARTLETT LAW FZRM N0.1228 ?, 2
AGREEMENT
THIS AGKEEME'NT ("Agreement") is made and entered into as ofthe~ day of
~,, 0 ,.I ,2005 by and between the CITY OF JEFFERSONVILLE, ~IA_NA, a third class _
~(~o~r[arfized and exigting under the laws of the State of Indiana (the City") and TI-IE BOA.RD
OF TRUSTEES OF CLARK .MEMORIAL HOSPITAL, an Indiana County Hospital (thc
"Hospital')-
Recitals
A. The Hospital is in the process of making improvments to its building~ and site,
which ffnprovements include the construction of a new road and entrance servicing the Hospital
(collectively the Improvements )-
B. The Hospital is desirous of obtaining additional real estate owned by the City for
~ompl¢ion of its .Ir~_.l~r_ovements, which additional real estate includes an unused portion of
Broadway (a public street).
C. The City is desirous of obtaiaing a, option to purchase certain real estate ow'ned
by the Hospital (the "Option Property") to be used for future economic development for the
benefit of the City and its citizens.
· Sub'ect to the terms and conditions set forth herein, both the City and the Hospital
are witl~ng to mak~ certain conveyances and take other necessary actions to enable completion of
t_he knprovements and the economic development of the Optioo Property.
NOW, THEREFORE in consideration of the mutual promises and covenants contained
here/n, IT IS AGREED:
1. The City will take immediate st~S to vacate an unused portion of Broadway (the
"Vacation"). A legal description and a drawing depicting the location of the property subject to
the Vacation are attached hereto and identified collectively as Exhibit A.
2. Upon completion of the Vacation, the City will deed to the Hospital a 30 foot strip
of real estate (the "S~p") owned by the City to be used by the Hospital for construction of a
road wh/ch will provide a new ~trance to the Hospital. The legal description of the Strip and a
drawing depicting the location of thc Strip arc attached hereto and identified collectively as
Exhibit B.
· U'oon completion of the Vacation and the delivery by the City to the Hospital of
the dced~to the S~rip, the Hospital will grant to the Department of Rcdevelopmcm of the City of
Jcffersonvilte an option to purchase a .311 acre parcel of land owned by the Hospital which is
bounded by Tenth and Spring Streets (the "Option"). The legal description of the ~31 t acre
parcel of land and a drawing depicting the location o£the .311 acre parcel of land are attached
hereto and identified collectively aa Exhibit C. (the "Opfioned Property')- The Option wilt
include the following terms:
(i) Thc purchase price will be $404,718~50.
jf484t9147:42032:2:J~FFEil.$oNVILLE
Jun, 6, 2006 1:58?M SMITH BARTLETt LAW FiRM No, 1228 P, 3
(ii) The Option wiI1 be for a term of four years,
(iii) The Opfioned Property, together with a .7 acre tract owned by thc
City (the "Adjoining Tract"), will be marketed as one (I) tract for sMe as a site for professional
offices, financial institutions, a hotel, or, as may be mutually agreed upon between the City and
the Hospital. The legal description of the Adjoining Tract mud a drawing depicting its location
are attached hereto and identified collectively as Exhibit D.
(iv) The Option wilt ctmtain a right of first refusal in favor of the
Hospital allowing it to match any bona fide written offer for the Opfioned Properqr and
Adjoining Tract with the Hospital to receive a credit against the purchase price for both tracts
equal to the Option price granted to the City.
(v) The Ci~ of Jeffersom411e and its Department of Redevelopment
will not market or sell the Opt/cried Property and the Adjoining Tract to any competitors of the
.,Hospi~al~_ incJ. udi~o~bJltakq.t_!~_mi.':ted to__~p.~_sp_n.._or_~_fi~ wkich is owned or managed by a
hospital other than C!azk Memorial Hospital or Jewish Hospital Healthcare Services, Inc.
(vi) The Option will be in substantially the same form as Exhibit E
attached h~eto.
(vii) The Option will be subject to the approval of the Board of
Commissioners of Clarl~ County, Indimua.
4. In the event the Optioned Property is sold, the Hospital agrees to provide ingress
and egress to the Optioned Property from the Hospital's newly constructed road and entrance.
5. During the term of the Option, the Hospital agrees to maintain the Opfioned
Property Md Adjoining Tract as open green space.
6. This Agreement shall be binding upon and inure to the benefit of the parties
hereto a~d their respective successors and assigns.
7. This Agreement, including the Exhibits hereto, consftutes the ~nt(re agreement
between the parties with respect to the subject matter hereof and supercedes all previous
negotiations, commitments and writings.
g. Tkis Agreement may not be modified except by an instrument in writing signed
on behalf of each of the parties hereto.
9. This Agreement shall be construed and the ric~hts of the parties hereunder shall be
governed by the laws of the State o£indiana.
10. This Agreement may be executed in one or more cou.ute~parts, each of which shall
be deemed to be mu original, but ali of which shall constitute Agreement.
11. To the extent applicable, the undersigned persons executing this Agreement on
behalf of the City and Hospital represent and certify that he/she is a duly elected or appointed
20uo i:59PM S*VI[~H BARTLETT LAW FiRSt No, !228 P, 4
officer or representative of either the City or Hospital and has been fully empowered by proper
resolution of the Board of Trustees, or other goYemi~g body, of e/thor the City or Hospital, to
execute and deliver ti'tis Agreem~t; and that ali necessary corporate or governmental action for
the entering into of this A~eement has been taken and done.
IN WITNESS WHEREOF, the parties have executed tiffs Agreement on the dates set
forth below
TH]~ BOARD OF TRUSTEES OF
CLARK MEMORIAL HOSPITAL
STATE OF INDIANA )
)ss
COUNTY OF CLARK )
Before me. de m,.derqi~ed Notary Publ/c, ~ and for said comtty mad state, personally
appeared ~ ~j&~2~:..'.._' ~e~t./a~ZL~_ofthe City of Jeffcrsonv/lle, Indiana,
who aclmowl~dg-ed executi~/ofthe foregoing do/inmont.
WITNESS my hand and NOtarial Seal this ~ day of~.,~,
2005-
My Commisslo2 expires:
19484 9 ~.?:42032:2:J. EF~SRSONVlLLE
Jun. 6. 2005 ~:597'v] SMITH SA,, =..il LAIN tlR,v, No. !228 P. 5
My County of Residence is:
STATE OF iNDIANA )
) SS
COUNTY OF CLARK )
Before me, the undersigned Notary Public, in and far said county and state, personally
appeared ~,&l:,~ (~o-'r~A~t~0, Nb ,th~4~.Pl~ of Cla~k Memorial Hospital, who
acknowledged execution of the foregoing document,
WITNESS my hand and Notarial Seal this g day of ~O~,0~'~ _, 2005.
..................... Emsst-W.~mith, N~ublic.
Floyd County
My Commission Expires
September 25, 2009
My Commission expires:
~otm'y Public
Printed:
My County of Residencc is:
This instnunent prepared by:
J. Spencer Harmon
STITES & HAP.BISON PLLC
323 East Court Avenue
P.O. Box 946
Jeffersonville, 'L~ 4713I
(812) 282-7566
J~484:~1 ~7:~2032:2 :J~ERSONViLLE
Ju¢l, 6, 2006 l:59P'Vl SM[TH BARTLETT LAI~'i F[RlVl No, i228 P, 6
EXq411~IT B
DESCRIPTION OF PART OF BLOCK 115 IN J'EFFERSONVILLE
Beiag a part of Block 115 in the CiW of Jeffersonville, Clark County, imdia~a and being fm'ther
de-scribed as follows:
Begfinning at a.steel pin on the southwast comer of said Block 1.t5, being the northcast comer oi'Tcr~h
Street and Bro~way ~n said City;, Thence N.4'2422"E., along the west line of .~aid Block, being the east Right- -,
of-Way l/ne of said Broadway, 257.36 f~et to TI-IE TRUE PLACE OF BEGINNING:
Thence condnuingN,4'2422"E., along said Right-of-Way l/ne, 30 feet to a steel pin o~ rite southwest
_eoxns~aLa_tract 0_f_t_a~_d_g!e..sg'fibM in Corn/pater ff200204400 (being 8.4'2422"W, 109.8 feet Rom a steel pm on
Ge northwest comer of said Block t15);
Thence S.g5'35'38"E., along the south tine of said tra~ 75.23 feet to a steel pin on the southwestern
Right-of-Way 1/ne of Spring Street;
Thence S. 17 '38'13"E., along said Right-of-Way line, 32.37 feet;
Thmace N.85'3538"W., 87.38 feet to THE TRUE PLACE OF BEGINNING.
Containing 2439 squerc fe~t, ~md being s~bject to all e~semen~s ofieeord.
NOTE: This description prepared from deeds and maps of record. No surwying dono this date.
-file:18209, mpd
Ju~, 6, 2006 i:sgM SN/ITH BAR~L:~ LAW F!RPl No. i228 D 7
· David R. Blanlambeier, P.L.S.
T~-ly A. Kendall, P.L,$.
~ R. Blaula~ (190~-1974)
l~It Blaal~abct~ (195~-1994)
Blankenbeker & Son
Land Surveyors inc, P.C.
422 Mglgs Aw, au~
]'effel.~oaville,, Ii~ian~ 47130
(812) 282-4183 phon~
(812) 2824197 fax
Box 157
I~dla~ 47131-0157
August 17, 2004
DESCRIPTION OF PART OF BROADWAY AND ~I-I~VENTH STREETS IN fEFFERSONVILLE
part of Broadway and El~v~ath Str~s in IeAf~raonville~ Clark County, Indiana and being further
BEGINNING at a sto~l pin on ~e aouthw~t ~rn~r of ~ Bro~y ~d E~ S~ ~o~
~e ~ on ~ ~ mm~ of~ ~h S~ ~ d~ h D~ ~w~ 16, ~m~ 1~7
of~e Ct~k Co~ ~rds; ~ N.~0~0"W. ~o~ ~e w~ Brainy S~ ~f-W~ h
~ ~ of~gs~p~ a ~ ~ a 30 f~ ~ ~ ~ a ~i p~ on ~ n~h ~f-W~
~e of~ S~ ~¢ ~ on a ~ of~ ~ of~d ~ M ~ ~w~ 13, ~t
8743 of ~d Cun~ R~r~; ~ S.89°3~4l~E. ~ong ~d ~t-of-Way ~e
~ 50.78 f~ to a ~ pM on ~e ~u~ ~t~f-Way ~e ofS~ Str~
~m~ of ~ ~; ~ S.2~14'0~. ~ong ~d ~f-Way ~e, 118.22
~t. of-Way ~ of EI~ S~t, ~ ~g on ~ ~ ~m~ ora ~ ofl~ ~ M compm~
g2~2~00 of~d Co~ ~r~; ~ N.S~40'52'W. ~ong ~d ~t-of-Way ~e ~d ~ no~ ~e of
~d ~, 30.87 ~ to a st~ pM on ~e ~ ~f-Way ~ ofBr~y S~,
of Broadway S~ at ~e ~h~ ~ ora ~ ofl~ d~3~ M ~ ~w~ 22, ~ 11755 of
~d Co~ ~M$; ~<ce N.0~07'30~. ~o~ ~d ~f-W~
~eM~ p~g ~1 ~ at 120.~ f~ ~ ~8.~ f~ 339.74 f~ to
Containing 41,865 square feet or 0.961 acros, and bring mbj~t to all ~,~mems ofr~cord.
cJ..J17813vac.wpd
B~R,~, LAW r
Jun. 6, 2006 I 59PM SMITH '~'m'mm? ~IRM No 1228 P. 8
B
127
vACATED
ELEY£NTH STREET
D~E~ ORA~ 1~
INgTRUMENT I~7
$ ~9'3g'41 E
7&92'
ELEVENTH STREET
~o' ~/w
PI. ACE
BEGINNING
41,865 SQ. FT.
OR
0.,¢61 ACRE
100'
N 90'00'00'
'.69'40'52'E.
~5,23'
$ 89'52'5O" W
CITY OF JEFFERSONVILLE
D,D. JO, tNST. 24311
\
Jun, 6, 2006 2:00PM SMITH BARTLETT LAW F~P ko, 1228 ?, 9
David R. Blanke~bcker, ?.L.S.
Ten'yA. KetCh, P.L.S.
How~d IL B!azfl<=z~o~l~r (I 905-1974)
Rol13~ H. Bl~rd(erbeker (1934-1994)
Blankenbeker & Son
Land Surveyors Inc., P.C.
422 Meigs Avenue
Jeffersonvflle, India:aa 47130
(812) 2824183 phone
(812) 2824197 fax
P-O. Box 157
47131-0157
13 July 2005
DESCRIPTION OF PART OF BLOCK 115 IN SEFFERSONVILLE
Being a pan of Block 115 in thc City of jeffersonville, Clark County, Indiana and being further
described as follows:
Begim~ng at a.steeI pin on the southwest comer of said Block I 15, being the northeast comer of Tenth
Street a~d Broadway in said City; Thenc~ N.4~24'22"E., along the west line of said BloCk, being re east Right-
of-Way line of said Broadway, 257.36 feet to TH~ TRUE PLACE OF BEGINNING:
Thence continuLag N.4°2422"E., along smd Right-of-Way 1/ne, 30 feet to a steel pin on the southwest
comer of'a traot &land described in Computer #200204400 (being $.4'24'22"W., 109.8 feet fi.om a steel p/n on
the northw,st eome~ of said Block 115);
T~mce S.§5°35'38"E., along the south llne of said tract, 75.23 feet to a steel pin on the southwestern
Right-of-Way line of Spring Street;
Thence 8.17°38'13"E., along said Right-of-Way line, 32.37 feet;
Thence N. 85°35'38"W., 87.38 feet to THE TRUE PLACE OF BEGINNING.
Containing 2439 square feet, and being subject to all easements of re~ord.
NOTE: This description prepared from deeds and maps of record. No survey/rig done'this date.
tJJ. e:l $209.vepfl
Ju~l, 6. 2005 2:00P~¢I SM!TH BARTLETT LAW F!RM No, !228 P, 10
~LIMfi'ED ACC¢$.~ RI¢Hi' OF WAYi
THIS DRA WING
l l th:
:~TREET
30.87'
58 T5
SO, FT.
CLARK
HOSPITAL
~1200204400
S 85~5'$B" E
75.23'
~ 2,~ se. ~
N 85'35'28~ W
CITY OF JEFFERSONVILLE
D.D, 30, /NST 24317
DOES NOT REPRESENT A
i OU~ STREET
BOUNDARY SURVEY
Jun, 6, 2006 2:00PM SMITH BARTLETT LAW ?!RM No, 1228 P, !i
Situated in the City of leffersonville, Clark County, State of Indiana, being part of Block 115,
more particularly described as follows:
BEGINNiNG at a point formed by the intersection of the Westerly line of Indiana Avenue with
the Southwestwardly line of Spring Street, said point being the most Northerly comer of Pazcel II
described in Easement dated rune 21, I956 from The Cleveland, Cincinnati, Chicag° and St,
Lou~s Railway Company and The New York Central Railroad Company to the State of Indiana:
COUKSE 1: thence measure South 49 degrees 28 minutes 30 seconds West along thc Northerly
line of Parcel II described in said Easement dated June 21, 1956, a distance of 23.95 feet to au
angle point in said Northerly line;
COURSE 2: thence measure North 85 degrees 11 minutes West along the Northerly line of
Parcel r[ ~ along the Northerly line of Parcel I in said Easement dated Iune 21, 1956, a
distance of 121.7 feet to a point;
COURSE 3: thence me2sure North t0 degrees 1 t minutes East a d/stance of 183.9 feet to a
point in the Southwesterly line of Spring Street;
COU'KSE 4: thence measure South 31 degrees 20 minutes East along said Southwesterly line
of Spring S~reet a distance of 205.60 square feet to the point of be~nning, containing I3,564
square feet, more or less.
TOGETHER WITH the reversionary interest, if any, of Marathon Oil Company in and to tho
Northerly one~half of 10th Street adjoirdng the above-described prerrdses on the South,
EXCEPTiNG THEREFROM, a part ofBIoek 115 of the City of Jeffersonv[Ile of Clark COUnty,
Ind/ana, being a part of the same h-act conveyed to C. Eugene and N. Blaine Harrington at Deed
Drawer t 3, Lnstmment No- 9147 and bounded as follows:
Commmcing at a point in the northwestern right-of-way line of Indiana Avenue wkieh marks the
southern comer of said Block 115, thence thc fo[lowing courses:
NoV~h 04.deg. 23 min. 54 sec. East, 35.54 feet, more or less, along said right-of-way and an
easement conveyed to the State oflnrtlana at Deed Record 210, pages 106 and 107 to the
southwestern fight-of-way line of Spring Street'being the most eastern comer of said Hardngton
tract, the Tree Place of Beginning.
Thence the following courses of the boundary:
South 44 deg. 27 min. 55 sec. West, 26.99 feet, more or less, Iea¼ng said
Jun, 6, 2006 2:00PM SMiTB BARTLETT LAW FiRM No, 1228 P, !2
fight-of-way along said State easement; North 85 deg. 21 re. fla. 22 sec. West, 8.16
feet, more or less; North 33 deg. 31 min. 21 see. East, 36.2} feet, more or less,
leaving said State e~ement, runrti~g to said Spring Street right-of-way; South 31
deg. 17 mira 44 see. East. i3.56 feet, more or less, along sa.id Spring Street
right-of-way to the True Place of Begiwing and cont~{ning 307 square feet, more
or less, of land.
The intent of this description is to describe a parcel on the southeastern comer of
said Harr~gton trac~.
The Horizontal DatumfB~is of Bearings for this right-of-way plat and description
were comprised from a route survey performed by Jacobi, Toombs and Lanz, Inc.
Ju~, 5, 2005 2:01PM SM!TH BARTLETT LAW F~RM No. 1228 P, 13
Being a part of Block 115 in the City of Jeffersonville, Clark County, Indiatm and being
f~j~er described as follows:
Begitming at a steel pin on the southwest comer of said Block 115, same being the
northeast comet of Tenth Street cad Broadway in said City; thence N. 4* 24' 22" E- ~long
the west line of said Block, same being the east line of said Broadway, 287.36 feet to a
steel pin on the southwest comer ora tract of land described in Deed Drawer 18,
Instrument 16286 (being S. 40 24' 22" W_, 109.8 feet fi:om a steel pin oa the northwest
comer of said Block 115); thence S. 85° 35' 38" E. along the south line of said tract,
75,23 feet to a steel pin on the southwestern Right-of-Way line of Spring Street; thence S.
17° 38' 13'! E. along said Pdght-of-Way tine, 49.04 feet; thence S. 31 ° 07' 27" E. along
said Right-of-Way line, 48.68 feet to a drill hole in concrete on the north comer ora tract
of land described in Deed Drawer 13, Instrument 9147; thence S. 10° 11' W. along a tine
of said tract, 204.05 feet to a steel pin on the original north Right-of-Way line of Tenth
Street; thence N. 85° 11' W. along said Right-of-Way linc, CoasSs of bearings) 101.38 fe~
to The PLACE OF BEGI2NrNTNG.
Containing 0.706 acre, and being subjeot to all easement of record.
ALSO, boring subject to a part of aa easement to the State of Indiana described in Deed
K~cord Book 210, Pages I06 and 107 of said Couaty records.