HomeMy WebLinkAbout20210212 PRIF Agreement, Melange Dedication - Signed OERESOLUTION NO. BPW_xx-xx-21-xx
A RESOLUTION REQUESTING THE PROVISION 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 1.30(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 1.30(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 OE Veterans Way, LLC, an Indiana limited
liability company (“O+E”), finance and construct, within two (2) years of which this Resolution is approved
by the Board (the “End Date”), those certain infrastructure and improvements set forth 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 One Hundred Sixty Nine Thousand, Four Hundred Four
Dollars ($169,404.00); and,
WHEREAS, O+E covenants that the infrastructure and improvements set forth in Exhibit A shall
remain open to the public for their use and enjoyment in perpetuity; and,
WHEREAS, O+E shall maintain, repair and replace, at its sole cost and expense, the infrastructure
and improvements set forth in Exhibit A as necessary and to the satisfaction of the City, in perpetuity; and,
WHEREAS, O+E, shall execute and return to the Board, by and through the Carmel 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 $169,404.00 is due and owing by O+E to the City by virtue of
that certain improvement identified on attached Exhibit C (the “Targeted PRIF”); and,
WHEREAS, O+E’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, of 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 O+E’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.
DocuSign Envelope ID: 393BD225-BAC14518-8513-E243-4A69-43C0-BA73-AD6B-5CAF07334405 3CADC01D6170
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 OE Veterans Way, LLC finance and construct those certain
infrastructure and improvements set forth on attached Exhibit A, in exchange for a PRIF credit of exactly
$169,404.00, 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 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.
SO RESOLVED.
Approved and adopted this ________ day of __________________, 2021.
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: 393BD225-BAC14518-8513-E243-4A69-43C0-BA73-AD6B-5CAF07334405 3CADC01D6170
2/18/2021
2/18/2021
2/18/2021
2/18/2021
2/18/2021
EXHIBIT A
DocuSign Envelope ID: 393BD225-BAC14518-8513-E243-4A69-43C0-BA73-AD6B-5CAF07334405 3CADC01D6170
Park Area
Breakout
General Conditions/Site
Work $4,500
Erosion Control $750
Earthwork $10,000
Sanitary $0
Storm $10,000
Water $2,500
Site Electrical $5,000
Site Concrete $47,500
Site Paving $0
Landscaping $131,570
Total $211,820
$/Unit
DocuSign Envelope ID: 393BD225-BAC14518-8513-E243-4A69-43C0-BA73-AD6B-5CAF07334405 3CADC01D6170
EXHIBIT B
PRIF CREDIT AGREEMENT
COMES NOW OE Veterans Way, LLC, an Indiana limited liability company (“O+E”), by its undersigned,
duly authorized agent and states as follows:
O+E hereby agrees to finance and construct 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 of exactly $169,404.00, as defined in Exhibit C.
SO AGREED this _______ day of __________2021.
OE Veterans Way, LLC
By:
____________________________
Authorized Signature
____________________________
Printed Name
____________________________
Title
DocuSign Envelope ID: 393BD225-8513-4A69-BA73-5CAF07334405
Manager
Tadd M. Miller
12th February
DocuSign Envelope ID: BAC14518-E243-43C0-AD6B-3CADC01D6170
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Unit Count:
Townhomes: 45
Flats: 12
Total Units: 57
Melange PRIF Agreement
Exhibit C, page 1
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Unit Count:
Townhomes: 45
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Total Units: 57
Melange PRIF Agreement
Exhibit C, page 2
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Unit Count:
Townhomes: 45
Flats: 12
Total Units: 57
Melange PRIF Agreement
Exhibit C, page 3
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Unit Count:
Townhomes: 45
Flats: 12
Total Units: 57
Melange PRIF Agreement
Exhibit C, page 4
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Unit Count:
Townhomes: 45
Flats: 12
Total Units: 57
Melange PRIF Agreement
Exhibit C, page 5
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Unit Count:
Townhomes: 45
Flats: 12
Total Units: 57
Melange PRIF Agreement
Exhibit C, page 6
DocuSign Envelope ID: 393BD225-BAC14518-8513-E243-4A69-43C0-BA73-AD6B-5CAF07334405 3CADC01D6170
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Unit Count:
Townhomes: 45
Flats: 12
Total Units: 57
Melange PRIF Agreement
Exhibit C, page 7
DocuSign Envelope ID: 393BD225-BAC14518-8513-E243-4A69-43C0-BA73-AD6B-5CAF07334405 3CADC01D6170
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Unit Count:
Townhomes: 45
Flats: 12
Total Units: 57
Melange PRIF Agreement
Exhibit C, page 8
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Unit Count:
Townhomes: 45
Flats: 12
Total Units: 57
Melange PRIF Agreement
Exhibit C, page 9
DocuSign Envelope ID: 393BD225-BAC14518-8513-E243-4A69-43C0-BA73-AD6B-5CAF07334405 3CADC01D6170