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HomeMy Public PortalAbout044-1994 - SPECIAL ORDINANCE CONCERNING THE MEDICAL ARTS BUILDIORDINANCE NO. 44-1994 A SPECIAL ORDINANCE CONCERNING THE MEDICAL ARTS BUILDING WHEREAS the Board of Commissioners of Wayne County, Indiana, has determined that the Medical Arts Building located at 35 South 8th Street, Richmond, Indiana, contains hazardous waste and other environmental problems of which the cost of remediation and elimination is uncertain, and WHEREAS said Commissioners are willing to request a Tax Title Deed from the Wayne County Auditor for said building and site provided the City agrees to remediate and eliminate the environmental problems existing thereon, and WHEREAS the City desires that remediation and elimination of the environmental problems occur promptly so the site may become available for use and development, and WHEREAS said Commissioners agree to convey the Medical Arts Building and site to the City in consideration of City conducting the remediation and elimination of said environmental problemsand- WHEREAS the City agrees to assume full responsibility for the remediation and elimination of the environmental problems including demolition of said building, NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that the attached Interlocal Agreement be and is hereby approved and that the real estate described in said Interlocal Agreement, commonly referred to as 35 South 8th Street, be transferred by the City to the Richmond, Indiana, Redevelopment Commission at such time as the site has been rehabilitated and is ready for yse and development. Passed and adopted this D—.:� day, of June, 1994, by the Common Council City of Richmond, Indiana. �, nt '+Larry arker ATTEST. ,City Clerk { orma Carnes) PRESENTED to the Mayor of the City of Richmond, Indiana, 9:00 a. m. this oZ day of June, 1994, at '� ,City Clerk (Norma Carnes) APPROVED by me, Roger Cornett, Mayor of the City of Ri June, 1994, at 9:05 a.m. t' Indiana, this day of mayor oger Cornett ATTES ,City Clerk (Norma Carnes) CITY OF RICHMOND of R fey J. Z DEPARTMENT OF LAW 50 North 5th Street 'k o i Richmond, Indiana 47374 Phone (317) 983-7220 Fax (317) 966-2255 June 2,1994 Common Council Richmond, IN 47374 No. 44-1994 Dear Council Member: ROGER CORNETT Mayor THOMAS S. MILLIGAN City Attorney The Medical Arts Building has been a problem property for a number of years. The owner, C. Anthony Co., Inc. did not pay the taxes nor the mortgage in favor of Star Bank. The Bank made a settlement with the guarantor of the obligation secured by the mortgage and did not foreclose on the property. The County Auditor advertised the property for sale due to delinquent taxes on two occasions but no bids were received. The Wayne County Commissioners have been unwilling to take title to the property by Tax Title Deed due to the uncertainty of the cost of remediating the environmental problems posed by certain construction materials in the building. Mayor Cornett has negotiated with the County Commissioners concerning this problem property and the attached agreement was prepared as a result. The Mayor and County Commissioners have signed the agreement. The Wayne County Council will be asked to approve the agreement at its meeting, Monday morning, June 6,1994. Pursuant to Indiana Code 36-1-7-4, the fiscal body of each political subdivision involved in the agreement must approve. Common Council is the fiscal body for the City. Castle Concepts Consultants, Inc. by letter dated November 29, 1993, to the Wayne County Commissioners has estimated the cost of remediation of the environmental problems posed by demolition of the building at $179,850.00. ACT Environmental, Inc. by letter dated March 22, 1994, to City, Engineer Robert Wiwi has estimated the cost of remediation of the environmental problems posed by demolition of the building at $88,677.00. Mayor Cornett's position is that this is a problem property that is the City's responsibility due to virtual abandonment by the private owner. The City, Wayne Township, Wayne County, Richmond Community Schools and other tax supported units have lost property tax revenue as a result of uncollected taxes. The cost of rehabilitating this property is a necessary investment at this time in the future tax base of the community. A grant application to the Community Development Division of the Indiana Department of Commerce is being prepared. Representatives of the Department have already inspected the site and received a briefing on the proposal. An alternative financing source would be the Economic Development Income Tax received by the City. The Board of Works will act upon bid specifications prepared by the Engineering Division at the gories need to be increase or transferred, Common Council appropriate time. In the event funding cate will be asked to enact the necessary budget transfers and additional appropriations. Sincerely yours, Thomas S. Milligan City Attorney Enclosure TSM ags _ ___ INTERLOCAL AGREEMENT BETWEEN BOARD OF COMMISSIONERS OF WAYNE COUNTY, INDIANA AND CITY OF RICHMOND THIS INTERLOCAL AGREEMENT by and between the Board of Commissioners of Wayne County, Indiana, hereinafter referred to as "Commissioners", and the City of Richmond, Indiana, hereinafter referred to as "City". W I T N E S S E T H: WHEREAS, C. Anthony Co., Inc. by Warranty Deed recorded Duly 18, 1980 in Deed Record 410, page 103 of the records in the office of the Recorder of Wayne County, Indiana acquired fee simple title to the following described real estate situate in the City of Richmond, County of Wayne, State of Indiana, and more particularly described as follows, to -wit: TRACT 1 A part of Lot Number Two (2) in Charles W. Starr's Addition to the City of Rich- mond, and described as follows: Commencing on the east line of South Eighth .(8th) Street in said City at the center of the partition wall between houses Twenty-five (25) and Twenty-seven (27) South Eighth (8th) Street as now located on said lot, said point being Twenty-one (21) feet, more or less, North of the center of the vacated alley between Lots Two (2) and Three (3) in said Charles W. Starr's Addition; thence North along the west line of said Lot Number Two (2), Eighteen (18) feet, more or less to the center line of said partition wall between house Number Twenty-three (23) and Number twenty-five (25) South Eighth (8th) Street as now located on said Lot; thence East through the center line of said partition wall to the east line of said Lot; thence South along the east line of said Lot, Eighteen (18) feet, more or less, to a point opposite the cen- ter line of the partition wall between house Number twenty-five (25) and Number twenty-seven (27) South Eighth (8th) Street as located on said Lot; thence West to and along the center of said partition wall to the place of beginning. TRACT 2 Also, part of Lot Number Two (2) in Charles W. Starr's Addition to the City of Richmond and of the vacated alley lying immediately South thereof and adjacent thereto, described as follows, to -wit: Commencing on the east line of South Eighth (8th) Street in said City, at the center of the vacated alley between Lots Number Two (2) and Three (3) in Charles W. Starr's Addition to the City of Richmond, said point being on the north line of the real estate owned by Pythian Temple Association; thence North along Eighth (8th) Street and the west line of said Lot Number Two (2), Twenty-one (21) feet, more or less, to the center of the partition wall between two houses, Number twenty-five (25) and twenty-seven (27) South Eighth (8th) Street as now located; thence East through the center of said partition wall to the east line of said Lot Number Two (2); thence South along the east line of said Lot Number Two (2), and through the vacated alley to the real estate owned by the Pythian Temple Association; thence West, along the center of said vacated alley and the Pythian Temple Association's north line to the place of beginning. A part of lot number Two (2) in that part of the City of Richmond laid out by Charles W. Starr, commencing at the center of the partition wall separating the houses No. 23 and No. 25 South Eighth Street, on the West line of said lot, the same being the Northwest corner of the real estate heretofore conveyed by LeRoy Kelly and wife to Martin, thence North along the East side of Eighth Street, North eighteen (18) feet more or less to the center of the partition wall sepa- rating the houses No. 21 and No. 23 South Eighth Street in the City of Richmond, Indiana, the same being the Southwest corner of the real estate heretofore con- veyed by LeRoy Kelly and others to L.M. Emmons; thence East through the center of said partition wall to the East line of said lot; thence South along the East refsaid1ot eigiteen(18� feetihae orless to saidartin's Northeast cor- ner, thence West along Martin's North line to the place of beginning, including all furnishings and fixtures as located in apartments on above real estate. Lot Number three (3) and a part of Lot number four (4) in that part of the City of Richmond laid out by Charles W. Starr, south of Main Street, the whole bounded as follows, to -wit: Beginning at the northwest corner of said Lot num- ber three (3) on the east side of South Eighth Street (formerly Fifth Street); thence south along said street seventy-five (75) feet; thence east to the east side of said Lot number four (4); thence north along the east line of said Lots number three (3) and four (4), seventy-five (75) feet to the northeast corner of said lot number three (3); thence west along the north line of said Lot number three (3) to the place of beginning. Also, the south half of a vacated alley between lots number two (2) and three (3) in said Addition; said premises known as the Medical Arts Building situate on South 8" Street, Richmond, Indiana. which parcel of real estate with all hereditaments is hereinafter referred to as "Medical Arts Building", and WHEREAS, C. Anthony Co., Inc. did fail to pay the installments of taxes assessed upon said real estate for the period of time which pursuant to the statutes of the State of Indiana made said parcel of real estate eligible for sale for delinquent real estate taxes, and WHEREAS, the Auditor of Wayne County, Indiana did pursuant to statutory authority and notice upon the 16th day of October, 1991 and the 30th day of October, 1992 offer the Medical Arts Building for sale for delinquent taxes, and WHEREAS, no party made a bid to purchase said Medical Arts Building at either of said sales, and lw4m WHEREAS, the right of redemption of C. Anthony Co., Inc. expired November 1, 1993, and WHEREAS, Commissioners have in accord with I.C. 6-1.1-25-4 determined that the Medical Arts Building contains hazardous waste or other environmental situa- tions of which the cost of remediation and elimination is uncertain and the Auditor of Wayne County, Indiana is not required to execute deed to County under said statute when such conditions exist, and WHEREAS, Commissioners are willing to request a Tax Title Deed be executed and delivered by the Auditor which conveys the Medical Arts Building to Wayne County provided that City has agreed to participate in the abatement or allevia- tion of the environmental situations, and WHEREAS, Commissioners at their expense have caused a Phase I environmental audit of the Medical Arts Building to be conducted, and WHEREAS, said Phase I environmental audit indicated need for remediation and elimination of environmental situations including asbestos -containing materials, lead -based paint hazards, hazardous chemicals, underground storage tanks, solid waste removal, and for further sub -surface investigation, and WHEREAS, City has caused an independent Phase i environmental audit of the Medical Arts Building to be conducted at its expense which has also identified environmental situations which should be remediated and eliminated, and WHEREAS, Commissioners and City desire that remediation and elimination of the environmental situations in and on the Medical Arts Building site occur promptly and that same become available for use and development free of any environmental situations, and WHEREAS, Commissioners have agreed to convey the Medical Arts Building to City in consideration of City conducting the remediation and elimination of all environmental situations in and on such site as set forth in environmental - 3 - audits conducted and to be conducted, and WHEREAS, City has agreed to assume full responsibility for the remediation and elimination of all environmental situations in and on the Medical Arts Building as identified in environmental audits upon acquisition of title, which may include demolition of the building. NOW THEREFORE, in consideration of the mutual promises and covenants herein contained Commissioners and City jointly and severally agree as follows: I. Commissioners shall acquire from the Auditor of Wayne County and record a Tax Title Deed which conveys the Medical Arts Building to Wayne County. 2. Commissioners shall convey the Medical Arts Building by Quit - Claim Deed to the City. 3. Commissioners shall deliver to City the sum of Twenty-five Thousand Dollars ($25,000.00) within thirty (30) days of delivery of the Quit -Claim Deed hereinabove described. 4. City shall at all times have the right to demolish the buildings on the Medical Arts Building site, remove the debris and any contaminated soil and by such action eliminate the environmental situations. 5. City for and in consideration of acquiring title to the Medical Arts Building and receipt of the sum of Twenty-five Thousand Dollars ($25,000.00) from Commissioners as herein provided, does hereby agree on or before one (1) year from the date of final approval of this Agreement to remediate, remove and eliminate all the environmental situations in and on the Medical Arts Building as identified in Phase I and Phase II environmental audits or accomplish by demolition of the buildings, with same to be at 4 - sole cost of City. City shall prepare a Project Plan, acquire all prerequisite permits, correlate project with State and local agencies, and prepare and file closure documentation for the completed project. 6. City further hereby expressly agrees to indemnify and forever hold Commissioners harmless from any claim or claims, action or actions, cause of action or causes or action, damages and demand ----- ----.-o r-deman-d s , i-n c-Vud °i-ng a-ny-o-f --s-u c-ha-s- t-o----ef vi-r-o nmen t-a 1--s t-ua-t i-on-s . — which may hereinafter at any time be made, asserted, brought or instituted upon Commissioners, their successors or assigns, or Wayne County, Indiana, by virtue of Wayne County, Indiana being in the chain of title to the Medical Arts Building or for any other reason including demolition of structures or remediation of environmental situations. 8. Commissioners do hereby convey and grant to City any right of action and/or recovery against any prior owner in the chain of title to the Medical Arts Building as to any existing environmental situation created by such prior owner before the acquisition of title by Commissioners. 9. Comptroller of the City of Richmond is hereby designated as the disbursing officer to receive, disburse and account for all monies involved in this undertaking. IN WITNESS WHEREOF, the Board of Commissioners of Wayne County, Indiana, and the Mayor of the City of Richmond have hereunto set their hands and seals this first day of June, 1994 with the terms of this Interlocal Agreement to be effec- tive upon approval by the Wayne County Council and the Common Council of the - 5 - City of Richmond, Indiana. CITY OF RI INDIANA oli � - Mayor APPROVES} RICHMOND r, siden Date: 1994 BOARD OF COMMISSIONERS WAYNE COUNTY, INDIANA Max A. Smith 1-9 rcia t re APPROVED WAYNE COUNTY COUNCIL aul Banning, President Date: 1994 INTERLOCAL AGREEMENT BETWEEN BOARD OF COMMISSIONERS OF WAYNE COUNTY, INDIANA AND CITY OF RICHMOND THIS INTERLOCAL AGREEMENT by and between the Board of Commissioners of Wayne County, Indiana, hereinafter referred to as "Commissioners", and the City of Richmond, Indiana, hereinafter referred to as "City". WITNESSETH: WHEREAS, C. Anthony Co., Inc, by Warranty Deed recorded July 18, 1980 in Deed Record 410, page 103 of the records in the office of the Recorder of Wayne County, Indiana acquired fee simple title to the following described real estate situate in the City of Richmond, County of Wayne, State of Indiana, and more particularly described as follows, to -wit: TRACT 1 A part of Lot Number Two (2) in Charles W. Starr's Addition to the City of Rich- mond, and described as follows: Commencing on the east line of South Eighth (8th) Street in said City at the center of the partition wall between houses Twenty-five (25) and Twenty-seven (27) South Eighth (8th) Street as now located on said lot, said point being Twenty-one (21) feet, more or less, North of the center of the vacated alley between Lots Two (2) and Three (3) in said Charles W. Starr's Addition; thence North along the west line of said Lot Number Two (2), Eighteen (18) feet, more or less to the center line of said partition wall between house Number Twenty-three (23) and Number twenty-five (25) South Eighth (8th) Street as now located on said Lot; thence East through the center line of said partition wall to the east line of said Lot; thence South along the east line of said Lot, Eighteen (18) feet, more or less, to a point opposite the cen- ter line of the partition wall between house Number twenty-five (25) and Number twenty-seven (27) South Eighth (8th) Street as located on said Lot; thence West to and along the center of said partition wall to the place of beginning. TRACT 2 Also, part of Lot Number Two (2) in Charles W. Starr's Addition to the City of Richmond and of the vacated alley lying immediately South thereof and adjacent thereto, described as follows, to -wit: Commencing on the east line of South Eighth (8th) Street in said City, at the center of the vacated alley between Lots Number Two (2) and Three (3) in Charles W. Starr's Addition to the City of Richmond, said point being on the north line of the real estate owned by Pythian Temple Association; thence North along Eighth (8th) Street and the west line of said Lot Number Two (2), Twenty-one (21) feet, more or less, to the center of the partition wail between two houses, Number twenty-five (25) and twenty-seven (27) South Eighth (8th) Street as now located; thence East through the center of said partition wall to the east line of said Lot Number Two (2); thence South along the east line of said Lot Number Two (2), and through the vacated alley to the real estate owned by the Pythian Temple Association; thence West, along the center of said vacated alley and the Pythian Temple Association's north line to the place of beginning. A part of lot number Two (2) in that part of the City of Richmond laid out by Charles W. Starr, commencing at the center of the partition wall separating the houses No. 23 and No. 25 South Eighth Street, on the West line of said lot, the same being the Northwest corner of the real estate heretofore conveyed by LeRoy Kelly and wife to Martin, thence North along the East side of Eighth Street, North eighteen (18) feet more or less to the center of the partition wall sepa- rating the houses No. 21 and No. 23 South Eighth Street in the City of Richmond, Indiana, the same being the Southwest corner of the real estate heretofore con- veyed by LeRoy Kelly and others to L.M. Emmons; thence East through the center of said partition wall to the East line of said lot;..then.ce.South.al.on the..East 11-ne af—S-V-d-lat eighteen feeet f6—re or ess to said Martin's Northeast cor- ner, thence West along Martin's North line to the place of beginning, including all furnishings and fixtures as located in apartments on above real estate. Lot Number three (3) and a part of Lot number four (4) in that part of the City of Richmond laid out by Charles W. Starr, south of Main Street, the whole bounded as follows, to -wit; Beginning at the northwest corner of said Lot num- ber three (3) on the east side of South Eighth Street (formerly Fifth Street); thence south along said street seventy-five (75) feet; thence east to the east side of said Lot number four (4); thence north along the east line of said Lots number three (3) and four (4), seventy-five (75) feet to the northeast corner of said tot number three (3); thence west along the north line of said Lot number three (3) to the place of beginning. Also, the south half of a vacated alley between lots number two (2) and three (3) in said Addition; said premises known as the Medical Arts Building situate on South 8" Street, Richmond, Indiana. which parcel of real estate with all hereditaments is hereinafter referred to as "Medical Arts Building", and WHEREAS, C. Anthony Co., Inc. did fail to pay the installments of taxes assessed upon said real estate for the period of time which pursuant to the statutes of the State of Indiana made said parcel of real estate eligible for sale for delinquent real estate taxes, and WHEREAS, the Auditor of Wayne County, Indiana did pursuant to statutory authority and notice upon the 16th day of October, 1991 and the 30th day of October, 1992 offer the Medical Arts Building for sale for delinquent taxes, and WHEREAS, no party made a bid to purchase said Medical Arts Building at either of said sales, and - 2 - WHEREAS, the right of redemption of C. Anthony Co., Inc. expired November 1, 1993, and WHEREAS, Commissioners have in accord with I.C. 6-1.1-25-4 determined that the Medical Arts Building contains hazardous waste or other environmental situa- tions of which the cost of remediation and elimination is uncertain and the Auditor of Wayne County, Indiana is not required to execute deed to County under said statute when such conditions exist, and WHEREAS, Commissioners are willing to request a Tax Title Deed be executed and delivered by the Auditor which conveys the Medical Arts Buildingto Wayne. County provided that City has agreed to participate in the abatement or allevia- tion of the environmental situations, and WHEREAS, Commissioners at their expense have caused a Phase I environmental audit of the Medical Arts Building to be conducted, and WHEREAS, said Phase I environmental audit indicated need for remediation and elimination of environmental situations including asbestos -containing materials, lead -based paint hazards, hazardous chemicals, underground storage tanks, solid waste removal, and for further sub -surface investigation, and WHEREAS, City has caused an independent Phase I environmental audit of the Medical Arts Building to be conducted at its expense which has also identified environmental, situations which should be remediated and eliminated, and WHEREAS, Commissioners and City desire that remediation and elimination of the environmental situations in and on the Medical Arts Building site occur promptly and that same become available for use and development free of any environmental situations, and WHEREAS, Commissioners have agreed to convey the Medical Arts Building to City in consideration of City conducting the remediation and elimination of all environmental situations in and on such site as set forth in environmental - 3 - audits conducted and to be conducted, and WHEREAS, City has agreed to assume full responsibility for the remediation and elimination of all environmental situations in and on the Medical Arts Building as identified in environmental audits upon acquisition of title, which may include demolition of the building. NOW THEREFORE, in consideration of the mutual promises and covenants herein contained Commissioners and City jointly and severally agree as follows: 1. Commissioners shall acquire from the Auditor of Wayne County and record a Tax Title Deed which conveys the Medical Arts to Wayne County. 2. Commissioners shall convey the Medical Arts Building by Quit - Claim Deed to the City. 3. Commissioners shall deliver to City the sum of Twenty-five Thousand Dollars ($25,000.00) within thirty (30) days of delivery of the Quit -Claim Deed hereinabove described. 4. City shall at all times have the right to demolish the buildings on the Medical Arts Building site, remove the debris and any contaminated soil and by such action eliminate the environmental situations. 5. City for and in consideration of acquiring title to the Medical Arts Building and receipt of the sum of Twenty-five Thousand Dollars ($25,000.00) from Commissioners as herein provided, does hereby agree on or before one (1) year from the date of final approval of this Agreement to remediate, remove and eliminate all the environmental situations in and on the Medical Arts Building as identified in Phase I and Phase II environmental audits or accomplish by demolition of the buildings, with same to be at - 4 - sole cost of City. City shall prepare a Project Plan, acquire all prerequisite permits, correlate project with State and local agencies, and prepare and file closure documentation for the completed project. 6. City further hereby expressly agrees to indemnify and forever hold Commissioners harmless from any claim or claims, action or actions, cause of action or causes or action, damages and demand or eemands, i_nc_lud ng any of such as to environmental situations which may hereinafter at any time be made, asserted, brought or instituted upon Commissioners, their successors or assigns, or Wayne County; Indiana, by virtue of Wayne County, Indiana being in the chain of title to the Medical Arts Building or for any other reason including demolition of structures or remediation of environmental situations. 8. Commissl oners do hereby convey and grant to City any right of action and/or recovery against any prior owner in the chain of title to the Medical Arts Building as to any existing environmental situation created by such prior owner before the acquisition of title by Commissioners. 9. Comptroller of the City of Richmond is hereby designated as the disbursing officer to receive, disburse and account for all monies involved in this undertaking. IN WITNESS WHEREOF, the Board of Commissioners of Mayne County, Indiana, and the Mayor of the City of Richmond have hereunto set their hands and seals this first day of dune, 1994 with the terms of this Interlocal Agreement to be effec- tive upon approval by the Wayne County Council and the Common Council of the - 5 - City of Richmond, Indiana. CITY OF D , INDIANA o - Mayor APPROVED RICHMOND COMMON COUNCIL Larry Parker, President BOARD OF COMMISSIONERS WAYNE COUNTY, INDIA A ;�W' 4'Zi Max A. 5ini th ri rcia rrenc APPROVED WAYNE COUNTY COUNCIL Paul Banning, President Date: . 1994 Date: . 1994 - 6 - t DISPOSITION OF ORDINANCE NO. 77 •5cn RESOLUTION 140. by Common Council Ordinance No./ Resolution No. Eistro Lundy Srookbank Donat Mc36dee loafer Dickfn; Fn Susp. rules Ist ;sad Title only i Seconded mm...- Proof of Publicaton Seconded --_- —} Move to 2nd read ----------------- ----- ----.......... ........ --•-.... ..... Seconded Engrossment Seconded SusP rules 3rd rsa ................................ ................ Seconded i Passage 0R......... ............... .. ,�.............. .✓ ---... -- Rejection ✓ Date Passed COMMITTEE ASSI N S: Committee Date Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: COMMENTS: