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HomeMy WebLinkAboutCC-04-19-21-02/Revised Atapco Abatement Amendment Resolution SPONSORS: Councilor Finkam, Worrell This Resolution was prepared by Jon A. Oberlander, Senior Assistant City Attorney, on 4/8/21 at 3:53 p.m. No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. RESOLUTION CC 04-19-21-02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING THE REAL PROPERTY TAX ABATEMENT GRANTED TO ATAPCO CARMEL, INC. Synopsis: Amends the partial real property tax abatement granted for capital building improvements made to the real property located at 645 W. Carmel Drive to reflect the re-plat and transfer of the real property for which the abatement was granted. WHEREAS, in 2019 the Common Council of the City of Carmel, Indiana (the “Council”) passed Resolution CC 03-04-19-02 (the “Resolution”), thereby granting a partial ten (10) year real property tax abatement (the “Abatement”) to Atapco Carmel, Inc. for $4.6 million of capital building improvements (the “Improvements”) that were to be made to the real property located at 645 W. Carmel Drive (the “Project Site”); and WHEREAS, subsequent to the passage of the Resolution, the Project Site was re-platted and ownership of one of the new parcels was transferred to a new, related corporation; and WHEREAS, presently, One Million Dollars ($1,000,000.00) in capital building improvements have been made to the real property located at 645 W. Carmel Drive, Carmel, IN 46032 (Parcel #16-09- 36-00-02-005.000), which is owned by Atapco Carmel, Inc.; and WHEREAS, presently, Three Million Six Hundred Thousand Dollars ($3,600,000.00) in capital building improvements have been made to the real property located at 635 W. Carmel Drive, Carmel, IN 46032 (Parcel #16-09-36-00-02-005.001) (formerly a part of Parcel #16-09-36-00-02-005.000 prior to the re-plat), which is owned by 635 Atapco Carmel LLC; and WHEREAS, none of the material conditions upon which the Abatement was granted have changed; and WHEREAS, in order to clarify which property address and corporate entity should receive the partial Abatement, it is now necessary to amend the Abatement to reflect the re-plat and transfer of ownership. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. The eligible real property for the partial real property tax abatement granted in CC 03- 04-19-02 is hereby amended to include both 645 W. Carmel Dr., Carmel, IN 46032 and 635 W. Carmel Dr., Carmel, IN 46032, owned by Atapco Carmel, Inc. and 635 Atapco Carmel LLC, respectively. Resolution CC 04-19-21-02 Page One of Three Pages DocuSign Envelope ID: AEEE6D74-7461-487E-A6CA-8131B6B11973 SPONSORS: Councilor Finkam, Worrell This Resolution was prepared by Jon A. Oberlander, Senior Assistant City Attorney, on 4/8/21 at 3:53 p.m. No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. Section 3. The eligible real property located at 645 W. Carmel Dr. is entitled to the partial real property tax abatement schedule set forth in CC 03-04-19-02 for capital building improvements in the amount of One Million Dollars ($1,000,000.00). Section 4. The eligible real property located at 635 W. Carmel Dr. is entitled to the partial real property tax abatement schedule set forth in CC 03-04-19-02 for capital building improvements in the amount of Three Million Six Hundred Thousand Dollars ($3,600,000.00). Section 4. The remaining terms and conditions of CC 03-04-19-02 are not affected by this Resolution and shall remain in full force and effect. Section 4. This Resolution shall be effective from and after its passage and approval by the Mayor. [signature page follows] Resolution CC 04-19-21-02 Page Two of Three Pages DocuSign Envelope ID: AEEE6D74-7461-487E-A6CA-8131B6B11973 SPONSORS: Councilor Finkam, Worrell This Resolution was prepared by Jon A. Oberlander, Senior Assistant City Attorney, on 4/8/21 at 3:53 p.m. No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. SO RESOLVED, by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2021, by a vote of _____ ayes and _____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL ___________________________________ Sue Finkam, President Kevin D. Rider, Vice-President ___________________________________ ____________________________________ Laura Campbell H. Bruce Kimball ___________________________________ ____________________________________ Jeff Worrell Anthony Green ___________________________________ ___________________________________ Adam Aasen Tim Hannon ___________________________________ Miles Nelson ATTEST: __________________________________ Sue Wolfgang, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _________________________ 2021, at _______ __.M. ____________________________________ Sue Wolfgang, Clerk Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 2021, at _______ __.M. ____________________________________ James Brainard, Mayor ATTEST: ___________________________________ Sue Wolfgang, Clerk Resolution CC 04-19-21-02 Page Three of Three Pages DocuSign Envelope ID: AEEE6D74-7461-487E-A6CA-8131B6B11973 10:30 11:30 A April April 21st 17 21st April Not Present 20th A