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Home My WebLink AboutResolution_BPW_04-01-20-04/Requesting Dedication of Certain Infrastructure or Other Impact Zone Improvements in Lieu of and as a Credit Against the Payment of Parks and Recreation Impact Fees (“PRIF”) and Approving a PRIF Credit Agreement RESOLUTION NO. BPW 04-01-20-04 A RESOLUTION REQUESTING DEDICATION OF CERTAIN INFRASTRUCTURE OR OTHER IMPACT ZONE IMPROVEMENTS IN LIEU OF AND AS A CREDIT AGAINST THE PAYMENT OF PARKS AND RECREATION IMPACT FEES("PRIF")AND APPROVING A PRIF CREDIT AGREEMENT WHEREAS, Indiana Code 36-7-4-1335 permits the application of a credit against the payment of impact fees for persons who construct or provide certain infrastructure or other improvements of a type for which a unit imposes an impact fee in an impact zone;and, WHEREAS, City of Cannel Zoning Ordinance 29.07.05 permits the City of Cannel Board of Public Works and Safety ("Board") to request that any person otherwise required to pay PRIF to instead finance, construct, and dedicate certain infrastructure or improvements in the Parks and Recreation Infrastructure Impact Zone("Impact Zone")located in Clay Township, Indiana and over which the City of Cannel,Indiana("City")exercises planning and zoning jurisdiction;and, WHEREAS, City of Cannel Unified Development Ordinance 1.30(F) also permits the Board to determine the amount of PRIF credit any person requested to finance, construct, and dedicate certain infrastructure or improvements in the Impact Zone in lieu of PRIF payment shall receive, and to memorialize this determination in a credit agreement("Credit Agreement");and, WHEREAS, the Board now desires to request that Cannel Development III, LLC, an Indiana limited liability company("LLC"), dedicate to the City, within sixty (60)days of which this Resolution is approved by the Board (the "End Date"), those certain infrastructure or improvements set for the on attached Exhibit A,the same being incorporated herein by this reference, in exchange for a PRIF credit the Board has determined should be in the amount of exactly Sixty-Five Thousand, Three Hundred Eighty Four Dollars($65,384.00);and, WHEREAS, Cannel Development III, LLC, shall execute and return to the Board, by and through the Cannel Office of Corporation Counsel,the Credit Agreement set forth on attached Exhibit B. the same being incorporated herein by this reference, prior to the issuance of the improvement location fee for that certain improvement identified on attached Exhibit C, the same being incorporated herein by this reference; and WHEREAS, PRIF in the amount of$65,384.00 is due and owing by Cannel Development III, LLC to the City by virtue of that certain improvement identified on attached Exhibit C (the "Targeted PRIF");and, WHEREAS, Cannel Development III's obligation to pay the Targeted PRIF to the City shall be held in abeyance until the earlier of the acceptance by the Board, in its sole discretion,or the infrastructure or improvements set forth on attached Exhibit A ("Board Acceptance") or the End Date. Upon Board Acceptance, the City shall promptly enter the credit identified herein against Cannel Development III, LLC's Targeted PRIF obligations. If Board Acceptance does not occur by the End Date,no credit shall be entered against the Targeted PRIF and the same shall thereafter become immediately due and owing to the City. NOW,THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of the City of Carmel, Indiana as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The Board hereby requests that Carmel Development III, LLC dedicate to the City those certain infrastructure or improvements set forth on attached Exhibit A, in exchange for a PRIF credit of exactly$65,384.00, pursuant to the terms and conditions set forth hereinabove. 3. The Board hereby approves the Credit Agreement in the form as set forth in attached Exhibit B. 4. That Michael Hollibaugh, on behalf of the City and the Board, is hereby authorized and directed to take such actions as are lawful, necessary, and proper to effectuate the transaction approved by this Resolution. SO RESOLVED. Approved and adopted this 1st day of APnl 2020. CARMEL BOARD OF PUBLIC WORKS AND SAFETY By: • mow. d43/104:40001 es Brainard, Presiding Officer Date: Hi , Zv Mary An Burke, Member Date:4/1/2020 Lon S. Watson, Member Date:4/1/2020 ATTEST: Sue Wolfgang, Clerk Date: o ,o Project Name: Proscenium • Estimate: Park Fee Offset Items �� Project Estimator: TH-RR I- i T G 40 .I Updated: 3/20/20 Statement of Probable Cost-Park Fee Offset Items Quantity Handrails and Railings 860 LF $ 166.54 /LF $ 143,224.83 Benchs,Trash Cans 1 LS $ 8,963.74 Bike Racks 24 EA $ 474.39 /EA $ 11,385.26 Pavers 3981 SF $ 27.49 /SF $ 109,437.69 Stamped Concrete 15120 SF $ 12.22 /SF $ 184,839.20 Planters-Block 3903 SF $ 13.25 /SF $ 51,714.75 Planters-Decorative Cap/Seat Walls 1801 LF $ 14.00 /LF $ 25,214.00 Planters-Tree Insets Split Face w/Cap 25 EA $ 1,098.00 /EA $ 27,450.00 Landscaping,Raised Planters 5267 SF $ 9.00 /SF $ 47,403.00 Landscaping,Plaza Grass Bed 21113 SF $ 5.83 /SF $ 123,088.79 Total Hard Cost $ 732,721.26 Novo Development Group di#•+:I 1:11 6 1215 S.Rangeline Road Carmal,IN 46032 A 317.708.9400 4 d // �: I Jill It I _-1_� f �I N LANDSCAPE NOTES a —�.. _ ____ / /;. I I I I r /// .. .. illti TN a /t ...it 1 iiiS .4110*. ... -- - ,---- :•: (:iii{:•:: �. '""''�� ^^^ 7.11---41 cvxcsawMrm • �4 ..w o.osg ......:.:.:.:...:.:..: .r. EXECUTIVE DRIVEf liiii 3I 1 I 41 NEil 4Ityp••/ ILIA$I''" _.;1111i `1r.1 �.,_ ri1ri�� i•.. /II.&*i.•% E.Y •t at,0/O�AOr0� X0V0►t0 O;Djr?eSoy %':;:`.�' ,r�` §& g •pl},�9' ;QrAb a c� si. i�If t r•'1�; ray ►. ��2h ," ., a 5_e jj::ED= � �,.11fILg-e)ro . a_p :,e)1u (! .*o lt: ,:' ---.. ..v.rz - — a.,..�.o a.... a :.. - r"L`�000-{ "--,g 1 BUILDING5 (� w.,: a !(II • t `;,;-;;•• r,x, .- ,eey„ (,�„"1�, PERMANENT SOD BLEND C d beXw Till !gip[: ` f , .,. a. .. ��b, ' t,...��_/_ e.>R 'uM >n,sr se7R Y : ..,o a.m+. Si ni Cl II rc , ,.. I .. p: i:.:. a ie) _ _ _f W O 4c,j x•M,� NA! re� ,� �1� �� 1 BUILDING 3 +\,� I C7 ' C pg pp ' �'P °ee e _ u Iv 1 I ,i i ;; a gm f, I ' = A zxTv I g O �I�o r BUILDING 4 0 �a , ((�3°"" J:i �I I r. / i (Ilk I `1- ('?• PR 1 I I b ne Ase N _ I . •. •. , . ,....., ,,,..2 „ , .. ,: i L , _.„ , ilil ...1i of (.0 a ' men. Arittif __� .,.. /_�_\ i XX V6 z g ' 0. W 4 OWE \ , '� � awo 1 < • ` .. W V 3 a , ,eM« e1"" a er«- e7s>t - spu Sp7-(', Ki) rp 'f�� teas �Ii'M. �,l ii ,>.� ( j"" 7 I. j a ) II I—W CI Z kAA IIt �. .: �, / / / MATCHLINE-C601 "` 1 �i�s ry, - < R¢. �3.rt I al&..:.. .. 19 F ti.t natIL 1 .x'' ' MATCHLINE C60� t> g i 'i" i r `"' SEE SHEET C603 '�►I_,Mr. ��, — �� i�\\\\\ �lir I a I k o e,�,.� ilicaS� FOR LANDSCAPE IiY �_�..1 '1 — _I �--'— 'I, I ,, ' ' i H, 9 4+, • c x ENLARGEMENT `` _ t!�'ndi[7��(18 EXHIBIT B PRIF CREDIT AGREEMENT COMES NOW Carmel Development III,an Indiana limited liability company,by its undersigned,duly authorized agent,and states as follows: Cannel Development III,LLC hereby agrees to dedicate to the City of Carmel,Indiana,by and through its Board of Public Works and Safety,those certain infrastructure items or public improvements set forth in attached Exhibit A,the same being incorporated by this reference,in exchange for a Parks and Recreation Impact Fee("PRIF")credit not to exceed$65.384.00,as defined in Exhibit A. SO AGREED this_20th_day of March 2020. Cannel Development III,LLC By: / K-----A7 jjtI>sized Signature L% Anthony W.Birkla Printed Name Managing Member Title PROJECT NAME Proscenium Condos Buildings 5 LOCATION: NAME OF APPLICANT Tim Hill ADDRESS 1215 S Rangeline Rd PHONE: 317-753-4016 Proscenium -Carmel Dev III 6-24-2019 Buildings 5 Matrix Number Units Bedroom Type Building 5 22 $ 65,384.00 22 2 0 1 Total Units 22 Apartments 0 Condos 22 Park and Rec Fee/ Unit $ 2,972.00 Total Fee $ 65,384.00 /*:4:11.111 C