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HomeMy WebLinkAboutResolution_BPW_08-05-20-03_Gramercy_West_PRIF_Agreement RESOLUTION NO. BPW 08-05-20-xx A RESOLUTION REQUESTING THE FINANCING, CONSTRUCTION, AND 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 Carmel Unified Development Ordinance §1.3(F) permits the City of Carmel 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 Carmel, Indiana (“City”) exercises planning and zoning jurisdiction; and, WHEREAS, City of Carmel Unified Development Ordinance §1.3(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 Weekley Homes, LLC, a Delaware limited liability company (“David Weekley Homes”), finance infrastructure or improvements that meet the requirements set forth in Indiana Code § 36-7-4-1335(a), in exchange for a PRIF credit the Board has determined should be in the amount of exactly Two Thousand Nine Hundred Seventy Two ($2,972.00) per lot; and, WHEREAS, David Weekley Homes shall execute and return to the Board the Credit Agreement set forth on attached Exhibit A, 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 B, the same being incorporated herein by this reference; and, 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 David Weekley Homes, finance infrastructure or improvements that meet the requirements set forth in Indiana Code § 36-7-4-1335(a) in exchange for a PRIF credit the Board has determined should be in the amount of exactly Two Thousand Nine Hundred Seventy Two ($2,972.00) per lot, 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 A. 4. Henry Mestetsky, 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. Mr. Mestetsky shall deposit the entire credited amount of PRIF into City Fund #902. These funds shall be drawn upon to finance the construction of Parks and Recreation infrastructure and improvements that meet the requirements of Indiana Code § 36-7-4-1335(a). DocuSign Envelope ID: 0F2157CE-CDD6-4607-BE5A-E3736EF344D1 SO RESOLVED. Approved and adopted this ________ day of __________________, 2020. CARMEL BOARD OF PUBLIC WORKS AND SAFETY By: __________________________________ James Brainard, Presiding Officer Date: _____________________________ __________________________________ Mary Ann Burke, Member Date: _____________________________ __________________________________ Lori S. Watson, Member Date: _____________________________ ATTEST: __________________________________ Sue Wolfgang, Clerk Date: _____________________________ DocuSign Envelope ID: 0F2157CE-CDD6-4607-BE5A-E3736EF344D1 AUGUST 8/5/2020 8/5/2020 5th 8/5/2020 8/5/2020 DocuSign Envelope ID: 0F2157CE-CDD6-4607-BE5A-E3736EF344D1 Exhibit "A" Legal Description) Exhibit "A" — Page 3 of 3 s 1 46 1 f. tt V4 a Exhibit "A" — Page 3 of 3 EXHIBIT B Aerial Location Map DocuSign Envelope ID: 0F2157CE-CDD6-4607-BE5A-E3736EF344D1 Exhibit `B" Development Plan / Primary Plat) Full size copies of the approved Development Plan / Primary Plat are on file with the Department of Community Services under Docket # 17080014 Z. Below is a reduced version. center Exhibit "B" Page 1 of 1 tb g 1 EXHIBIT B Site Plan DocuSign Envelope ID: 0F2157CE-CDD6-4607-BE5A-E3736EF344D1 EXHIBIT B DocuSign Envelope ID: 0F2157CE-CDD6-4607-BE5A-E3736EF344D1