By John Estridge
EDITOR’S NOTE AND EDITORIAL COMMENT: This is the sixth of a multi-part transcription of the August 24 Brookville Town Council meeting’s pertinent parts relating to the Golf Course Purchase, Zimmer Building Purchase and Frisbee Golf Course. I wanted to break this down into parts because it will be a very long piece, if I can even finish it. It takes a long, long time to go over and over a recording to do a transcription, especially with how fast and slurred Curtis Ward, BTC president, is when he begins talking about something that apparently excites him.
Part V was all about Curtis trying to sell having us, the taxpayers, purchase the Pig in a Poke Golf Course for $1 million, and whatever annual costs and start-up improvements we have before us. It ended with Cathy Pelsor explaining why she voted for the purchase of the Pig in a Poke Golf Course.
This Part VI is the Offer to Purchase agreement, which was approved 5-0. I am cheating here because I cannot hear 5,000 words per minute, which is Curtis’ reading speed. I received a written copy, which I typed, but just picture Curtis reading.
Curtis Ward: “The Town of Brookville (“Buyer”) hereby agrees to purchase from the Brook Hill Golf Club Preservation LLC (“Seller”) of Franklin County, Indiana, the following described real estate situated in Franklin County, Indiana to-wit:”
It says at this point to see the attached exhibit for the legal description of the real estate. I think we all know what they are talking about.
Curtis Ward: “Commonly known as (address): 11175 Fairway Lane, Brookville, Indiana 47012 and to pay the sum of One Million Dollars ($1,000,000.00) due at the time of closing.
“The parties hereto recognize and agree that a golf course is an important part of the Town of Brookville, and the purpose of this contract is to ensure that a golf course is maintained in the Town, which is the intent of the Town. Seller’s mission statement, as unchanged since its establishment is “A Brook Hill Preservation LLC has been formed for the sole purpose of preserving the golf course,” and its strategic plan states that the LLC was formed for the long-term preservation of Brook Hill Golf Course for the community. The Seller, and its individual members have not waivered in its commitment to preserve the golf course for the benefit of the Town of Brookville and the surrounding community. As such, Buyer recognizes is offer is for less than Seller’s original purchase price.
“Seller shall finish the vinyl plank flooring, complete the decking and concrete patio at the clubhouse. Sellers must pass final occupancy inspection for any and all improvements.
“That the liquor license and contract for water usage from Brookville Reservoir shall be transferred with this sale. In addition, all personal property that was included when the Seller purchased said real estate and that is still in Seller’s possession shall be included in this sale to the Buyer. All personal property is listed on Exhibit B.”
EDITORIAL COMMENT: Exhibit B did not come with the Offer to Purchase.”
Curtis Ward: “Seller shall allow Buyer to review financial records of the Golf Course since the LLC acquired said real estate. A non-disclosure agreement shall be executed by the Buyer.”
EDITORIAL COMMENT: This should be checked because it seems so wrong it cannot be correct. That has to be public record. I have been told by two different attorneys, not from around this place, that a town can enter any non-disclosure agreement it wants, but it cannot enforce it. They both said the case law concerning this is all on the public record side and there are many cases along this line. The financial statements are public record. We have to know what we are buying. Our taxes, our money is going to be purchasing Pig in a Poke Golf Course. Brookville is still part of America and not a third-world dictatorship as much as Curtis and his four cronies want it to be a third-world dictatorship.
Curtis Ward: “Buyer shall primarily use this real estate for greenspace/golf course for a period of 10 years. Should Buyer decide to sell said real estate in its entirety within 10 years of this purchase agreement, a First Right of Refusal shall be offered to Seller and to its individual members as listed on Exhibit C (collectively, “the Preservation”)”
EDITORIAL COMMENT: This attachment was also not included. Many people have wondered who is in the LLC. This document will tell that.
Curtis Ward: “If Seller purchases said real estate then they shall maintain said property as a greenspace/golfcourse for seven years. The First Right of Refusal shall be offered to the Preservation to purchase for the average price of two appraisals obtained that the time of any offer to the Preservation in accordance with Indiana Statute.
“If the annexation is not completed within two years the Town may need to sell said real estate. If that occurs, the Seller whall be offered said property for the 1 million dollars which shall include the same items under this purchase agreement with regards to personal property in Exhibit “B.”
“Said property will be conveyed by Deed of general warranty, free and clear of all encumbrances. Seller shall pay for preparation of Deed and preparation of IRS f orm 1099. Seller agrees to pay fhe fee for conducting the Title Search.
“Buyer agrees to pay the premium for a Commitment for Owner’s Policy of Title Insurance in the amount of the purchase price, cost of the preparation of the Sales Disclosure form and Settlement Statement, as well as closing, transfer, and recording service fees and recording fees to the County Recorder, transfer fees to the County Auditor.
“Buyer shall pay all taxes due in beginning with the Spring Installment due and payable in may 2022.
“Insurance is to be carried by Seller until date of closing.
“Possession will be delivered to Buyer at closing.
“Sale is to be completed at the office of Mullin, McMillin & McMillin on or before December 31, 2021. Mullin, McMillin & McMillin will perform all title services related to the sale.
“This contract is binding and is inuring to the benefit fo both the Buyer and the Seller, their heirs, executors, administrators and assigns.
“This will be executed by me and the president of the Brook Hill Golf Club Preservation LLC.”
EDITORIAL COMMENT: The thing that surprised me the most about this Purchase Agreement, and there is much there to make any taxpayer sick to their stomach, is the annexation clause. If you need to, go back and read that. If I were a resident on Snob Hill, and of course the current taxpayers down in the downtrodden town limits, which I am, I would really be worried about what this says. It says Curtis realizes with the current tax base, there is no way to pay for the golf course’s annual deficit. He is going to need the Snob Hill taxes to even have a chance to pay our annual deficit from the Pig in a Poke Golf Course. Get ready everyone.
This ends Part VI. Part VII will be short and sweet as it will be the few comments before all five voted for the purchase, well I did have an emotional meltdown at the podium so that will also be included. Note to self: put down much-needed laptop prior to having another emotional meltdown.