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HomeMy WebLinkAboutCC-08-21-06-02 Midwest ISO/Tax Abatement/ERA COpy Sponsors: Councilors Carter and Sharp RESOLUTION CC-08-21-06-02 RESOLUTION ("RESOLUTION") OF THE COMMOM COUNCIL OF THE CITY OF CARMEL, INDIANA DESIGNATING BLOCK SEVEN IN THE CARMEL SCIENCE & TECHNOLOGY PARK AS AN ECONOMIC REVITALIZATION AREA WHEREAS, LC. 6-1.1-12.1-4 authorizes partial abatement of real property taxes attributable to the improvements made to real estate; and WHEREAS, LC. 6-1.1-12.1-2.5 empowers the Common Council of the City of Carmel, Indiana (the "Council") to designate an area as an Economic Revitalization Area ("ERA"), determine the duration of the abatement period(s) for such property and impose other reasonable conditions; and WHEREAS, a Designation Application (as defined in LC. 6-1.1-12.1-1) has heretofore been filed with the Council by Lauth Property Group ("the Developer") on behalf of the Midwest Independent Transmission System Operator, Inc. ("the Company"), and such Designation Application requests that the real estate located in Carmel, Indiana and legally described therein (the "Site") be designated as an ERA; and WHEREAS, the Developer will lease space to the Company for its corporate headquarters, provided that the Developer is able to obtain real property tax deductions as authorized by LC. 6-1.1-12.1-4; and WHEREAS, the Developer seeks to have the Council authorize real property tax deductions in connection with the qualifying investment related to real estate improvements for the Company's corporate headquarters facility in Carmel, Indiana; and WHEREAS, the Council has reviewed such Designation Application together with the Developer's Statement of Benefits (Form SB-I) and now desires to take actions hereinafter set forth. NOW, THEREFORE, based upon a review ofthe Designation Application and Statement of Benefits (Form SB-I) heretofore filed by the Developer, the Council hereby makes the following findings: FINDING I. The Site is or has become undesirable for normal development due, to the following economic conditions: (a) The Site has been vacant for a period of more than ten (10) years; (b) The Site and building are zoned for and generally suitable for use as an office development; however, there is lack of demand for office space in the geographic area where the Site is located due to the economic conditions currently present (the "Corridor"); (c) The Site is located in an area where there is evidence of an oversupply of office space in the Corridor; 20060005062- Filed for Record in HAMILTOH COUHTY, IHDIAHA JEHHIFER J HAYDEH 08-28-2006 At 02:01 PM. I1TRr. 25.00 (d) The Developer's proposed development ofa portion of the site as office space for the Company is consistent with the site's existing zoning and represents a superior use for the site, and; (e) The Developer's plans to make real estate improvements will result in a significant addition to the Corridor's overall assessed property value within an accelerated time period. FINDING 2. The proposed redevelopment of the Site by the Developer meets the parameters set forth in Council Resolution No. CC-02-05-01-02. FINDING 3. The estimate of the cost and assessed value of the Developer's proposed development of the Site is reasonable for projects of a similar nature. . FINDING 4. The estimate of the number of individuals who will be employed (i.e., approximately 325 full time employees over the initial five-year period) by the Company in the new building is reasonable based upon the size of the Site, FINDING 5. The estimate of the annual salaries (i.e., average of$80,000 per annum) of those individuals who will be employed by the Company in the new building can be reasonably expected for a corporate headquarters facility. FINDING 6. Other benefits that can be reasonably expected to result from the Developer's proposed development of the Site. FINDING 7. The totality of benefits is sufficient to justify real property tax deductions herein described. NOW, THEREFORE, BE IT RESOLVED THAT, a legal description of the previously declared ERA has been attached hereto as Exhibit A. BE IT FURTHER RESOLVED THAT, the Site is hereby declared an ERA for purposes of granting real property tax abatement in support of the Company's corporate headquarters facility. BE IT FURTHER RESOLVED THAT, the number of years for which the Developer is entitled to a deduction for investments made in real estate improvements pursuant to I.C. 6-1.1- 12.1-4 shall be ten (10). BE IT FURTHER RESOLVED THAT, the Carmel City Council shall have the right to reduce the length of and/or end the economic revitalization area designation period granted for the site should the Developer and/or Company not fulfill commitments made to the city of Carmel regarding the amount of capital investment, job creation/retention and average annual salary levels. BE IT FURTHER RESOLVED THAT, in the event the Developer and/or Company is sold to a new owner, the new owner of the Developer and/or Company shall appear before the Carmel City Council within 90 days of closing on the purchase of the Developer and/or Company to present information regarding the plans for the Developer's building and/or Company's operations in the city of Carmel. BE IT FURTHER RESOLVED THAT, the deductions authorized herein are contingent upon the designation of the ERA prior to the commencement of construction of the real estate improvements. BE IT FURTHER RESOLVED THAT, if the Site is located in an allocation area (as defined in I.C. 36-7-14-39 or I.C. 36-7-15.1-26), an application for the property tax deductions approved herein shall also be subject to the approval of the commission that designated the allocation area as required under I.C. 6-1.1-12.1-4. BE IT FURTHER RESOLVED THAT, this Resolution shall be filed with the Hamilton County Assessor as required by I.C. 6-1.1-12.1-4. BE IT FINALLY RESOLVED THAT notice of the adoption of and the substance of this Resolution shall be published in accordance with I.C. 5-3-1 and that such notice shall be in the form attached hereto and incorporated herein as Exhibit B. ::,~ (\. :--~o~tid by the Common Council of the City of Carmel, Indiana this ~day of ~~ ' 2006, by a vote of 7 ayes and -1:L nays. ATTEST: Diana L. Cordray, IAMC, Clerk-T a:;~~1 Mark Rattermann - .st- Q Presented by me to the Mayor of the ci!1 of Carmel, Indiana this~day of ~ 2006,at~:r..m. _ ~ by me, Mayor of the City of Carmel, Indiana this~ day of 2006, at Cf:o~ .p .m. ATTEST' Prepared by: Larry Gigerich, Man Ginovus 8888 Keystone Crossing Suite 1450 Indianapolis, Indiana 46240 317/819-0890 (telephone) 317/819-0888 (facsimile) Larrv(CilGinovus.com (e-mail) . EXHIBIT A A LAND BOUNDARY DESCRIPTION OF THE PROPERTY LOCATED IN CARMEL, HAMILTON COUNTY, INDIANA AUGUST 21, 2006 PAGEI0Fl A part of Block 7 in the Carmel Science and Technology Park as per plat thereof, recorded in Plat Book 13, pages 65 through 71, in the Office of the Recorder of Hamilton County, Indiana, more particularly described as follows: Commencing at the intersection of the northwestern line of City Center Drive and the southwestern line of Block 7 as shown on the plat of Lot One of said Block 7, recorded as Instrument 200000014110 in the Office of said Recorder, said point being on a curve concave northeasterly and lying South 36 degrees 45 minutes 21 seconds West 665.00 feet from the radius point of said curve; thence along the southwestern line of said Block 7 northwesterly 121,47 feet along said curve to the point of tangency of said curve, said point lying South 47 degrees 13 minutes 20 seconds West 665.00 feet from said radius point; thence North 42 degrees 46 minutes 40 seconds West 12.69 feet along said southwestern line to the point of beginning of this description, thence continuing North 42 degrees 46 minutes 40 seconds West 574.95 feet along said southwestern line to the point of curvature of a curVe concave northeasterly, said point lying South 47 degrees 13 minutes 20 seconds West 965.00 feet from the radius point of said curve; thence along said southwestern line Northwesterly 314.16 feet along said curve to the point of tangency of said curve, said point lying South 65 degrees 52 minutes 30 seconds West 965.00 feet from said radius point; thence North 24 degrees 07 minutes 30 seconds West 33.00 feet along said southwestern line to the point of curvature of a curve concave easterly, said point lying South 65 degrees 52 minutes 30 seconds West 20.00 feet from the radius point of said curve; thence along the western line of said Block 7 northerly 31.42 feet along said curve to the point of tangency of said curve, said point lying North 24 degrees 07 minutes 30 seconds West 20.00 feet from the radius point of said curve; thence North 65 degrees 52 minutes 30 seconds East 148.14 feet along the northern line of said Block 7 to the point of curvature of a curve concave southerly, said point lying North 24 degrees 07 minutes 30 seconds West 350.00 feet from said radius point; thence along said northern line easterly 271.58 feet along said curve to the point of tangency of said curve, said point lying North 20 degrees 20 minutes 00 seconds East 350.00 feet from the radius point of said curve; thence South 69 degrees 40 minutes 00 seconds East 116.61 feet along said northern line to the point of curvature of a curve concave northerly, said point lying South 20 degrees 20 minutes 00 seconds West 930.00 feet from the radius point of said curve; thence along said northern line easterly 255.35 feet along said curve to the point of reverse curvature of a curve concave southwesterly, said point lying North 4 degrees 36 minutes 06 seconds East 365.00 feet from the radius point of said curve; thence southeasterly 196.99 feet along said curve to the point of compound curvature of a curve concave westerly, said point lying North 35 degrees 31 minutes 29 seconds East 25.00 feet from the radius point of said curve; thence Southerly 43.15 feet along said curve to the point of reverse curvature of a curve concave southeasterly, said point lying North 45 degrees 35 minutes 17 seconds West 655.00 feet from the radius point of said curve; thence Southwesterly 304.39 feet along said curve to the point of tangency of said curve, said point lying North 72 degrees 12 minutes 52 seconds West 655.00 feet from the radius point of said curve; thence South 17 degrees 47 minutes 08 seconds West 88.44 feet to the point of curvature of a curve concave northwesterly, said point lying South 72 degrees 12 minutes 52 seconds East 645.00 feet from the radius point of said curve; thence southwesterly 317.74 feet along said curve to the point of compound curvature of a curve concave northerly, said point lying South 43 degrees 59 minutes 22 seconds East 20.00 feet from the radius point of said curve; thence Westerly 31.84 feet along said curve to the point of beginning and containing 437,425 square feet (10.042 acres), more or less. EXCEPT A part of Block 7 in the Cannel Science and Technology Park as per plat thereof, recorded in Plat Book 13, pages in Plat Book 13, pages 65 through 71, in the Office of the Recorder of Hamilton County, Indiana, more particularly described as follows: Commencing at the intersection of the northwestern line of City Center Drive and the southwestern line of Block 7 as shown on the plat of Lot One of said Block 7, recorded as Instrument 200000014110 in the Office of said Recorder, said point being on a curve concave northeasterly and lying South 36 degrees 45 minutes 21 seconds West 665.00 feet from the radius point of said curve; thence along the southwestern line of said Block 7 Northwesterly 121.47 feet along said curve to the point of tangency of said curve, said point lying South 47 degrees 13 minutes 20 seconds West 665.00 feet from said radius point; thence North 42 degrees 46 minutes 40 seconds West 12.69 feet along said southwestern line to the Point of Beginning of this description; thence continuing North 42 degrees 46 minutes 40 seconds West 137.62 feet; thence North 27 degrees 47 minutes 30 seconds East 382.14 feet to the centerline ofa proposed fifty foot wide private drive; thence on and along said centerline, South 69 degrees 13 minutes II seconds East 158.70 feet to the intersection of said line with the East line ofland described in a Limited Warranty Deed to Shrimangeshi, LLC, (recording information not available) dated December 13, 2004, said line also being the westerly right-of-way line of the proposed City Center Drive; thence on and along said line the following four (4) courses: I) southwesterly on a non-tangent curve to the left, having a central angle of 8 degrees 44 minutes 51 seconds and a radius of655.00 feet, anarc distance of34.24 feet (said arc being subtended by a chord which bears South 19 degrees 16 minutes 59 seconds West; 2) South 17 degrees 47 minutes 08 seconds West 88.44 feet to the point of curvature of a curve to the right, having a central angle 28 degrees 13 minutes 30 seconds and a radius of 645.00 feet; 3) southwesterly on said curve an arc distance of317.74 feet (said arc being subtended by a chord which bears South 31 degrees 54 minutes 00 seconds West (314.53 feet) to a point of compound curvature, having a central angle of 91 degrees 11 minutes 10 seconds and a radius of20.00 feet; 4) southwesterly, westerly and northwesterly on said curve an arc distance of 31.83 feet (said arc being subtended by a chord which bears North 88 degrees 24 minutes 23 seconds West 28.57 feet) to the Point of Beginning. Containing 1.700 acres, more or less.