HomeMy WebLinkAboutResolution_BPW_01-05-22-13_PRIF Credit Agreement; Epcon Carmel, LLC; ($4,882.00) Per Lot; Henry Mestetsky, Director of the Department of RedevelopmentRESOLUTION NO. BPW 01-05-22-13
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 § l .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 § l .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 Epcon Carmel, LLC, an Indiana limited liability
company ("Epcon"), 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 Four Thousand Eight Hundred Eighty Two Dollars ($4,882.00) per lot; and,
WHEREAS, Epcon 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 incorp orated
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 Epcon Carmel, LLC, 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 Four Thousand Eight Hundred Eighty Two Dollars
($4,882.00) 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 oflndiana Code§ 36-7-4-1335(a).
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SO RESOLVED.
Approved and adopted this ___ day of ________ , 2022.
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: ------------
5th January
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1/6/2022
1/6/2022
1/6/2022
*Not Present*
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