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HomeMy WebLinkAboutCC-09-18-06-01 Midwest ISO/Tax Abatement/ Sponsors: Councilors Carter and Sharp RESOLUTION CC-09-18-06-0l A RESOLUTION ("RESOLUTION") OF THE COMMOM COUNCIL OF THE CITY OF CARMEL, INDIANA, APPROVING A TEN-YEAR (10) REAL PROPERTY TAX ABATEMENT FOR LAUTH PROPERTY GROUP, ON BEHALF OF MIDWEST ISO'S NEW OPERATIONS CENTER LOCATED IN CARMEL, INDIANA WHEREAS, I.C. 6-1.1-12.1-4 authorizes partial abatement of real property taxes attributable to the improvements made to real estate; and WHEREAS, I.C. 6-1.1-12.1-4 empowers the Common Council of the City of Carmel, Indiana (the "Council") to grant approval for real property tax abatement for qualifying real estate improvements; and WHEREAS, information (as defined in I.C. 6-1.1-12.1-1) has been provided to and 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 information describes the investment in qualifying real estate improvements in Carmel, Indiana; and WHEREAS, the site located in Carmel, Indiana ("Site") has been legally described and designated as an Economic Revitalization Area (ERA) for purposes of providing real property tax abatement to the Developer (as defined in I.C. 6-1.1-12.1-4); and WHEREAS, the Company will lease space for its corporate headquarters facility, provided that the Developer is able to obtain real property tax deductions as authorized by I.C. 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 made in real estate improvements; and WHEREAS, the Council has reviewed such information 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 of the information provided 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; (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; Sponsors: Councilors Carter and Sharp (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. FINDING 8. The Company and Developer will be active corporate citizens involved in and committed to the city of Carmel. FINDING 9. The Company's new operations center in Carmel is consistent with the goals and vision established by the city of Carmel and Hamilton County Alliance. FINDING 10. Other benefits that can be reasonably expected to result from the Developer's proposed development of the site. FINDING 11. 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 designation has been attached hereto as Exhibit A. BE IT FURTHER RESOLVED THAT, the Site was previously declared as an ERA for purposes of granting real property tax abatement in support of the real estate improvements. BE IT FURTHER RESOLVED THAT, The number of years for which the Developer is entitled to a deduction for investments made in the real estate improvements shall be ten (10). Sponsors: Councilors Carter and Sharp BE IT FURTHER RESOLVED THAT, the Carmel City Council shall have the right to reduce the length of and/or end the real property tax abatement granted for the site should the Developer and/or Company (and/or subsequent owners of 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 approval of a ten-year real property tax abatement 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. PASSED by the Common Council of the City of Carmel, Indiana this ,? +,1. day of ~s. fl~ ,2006, by a vote of 10 and 'b nays. Sponsors: Councilors Carter and Sharp ~CT P\2.E:'5€ IVI Fredrick J. Glaser ATTEST: Presented by me -~Jf~ to the Mayor of the City of Carmel, Indiana, the I '\ tl>--day of ,2006, at \\',YO Pr .m, Approved by me, ~.~~~ the Mayor of the City of Carmel, Indiana this do,;.t.... day of , 2006, at \ \'.0 0 A-:m, ~ ATTEST: ~ Prepared by: Larry Gigerich, Managing Director Ginovus 8888 Keystone Crossing Suite 1450 Indianapolis, Indiana 46240 317/819-0890 (telephone) 317/819-0888 (facsimile) Larrv<a!Ginovus.com (e-mail) Sponsors: Councilors Carter and Sharp EXHIBIT A A LAND BOUNDARY DESCRIPTION OF THE BUILDING LOCATED IN CARMEL, HAMILTON COUNTY, INDIANA SEPTEMBER 18, 2006 PAGE 1 OF 1 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 2000000141 10 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 oftangency 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 ofa 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, Sponsors: Councilors Carter and Sharp 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 of a 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 of land 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, an arc 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 of 317.74 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 of91 degrees II minutes 10 seconds and a radius of20.00 feet; 4) southwesterly, westerly and northwesterly on said curve an arc distance of31.83 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. Sponsors: Councilors Carter and Sharp EXHIBIT B NOTICE OF ADOPTION REGARDING THE APPROVAL OF A TEN-YEAR REAL PROPERTY TAX ABATEMENT FOR THE DEVELOPER'S NEW BUILDING LOCATED IN CARMEL, HAMILTON COUNTY, INDIANA SEPTEMBER 18, 2006 PAGE 1 OF 1 Notice is hereby given that the Common Council of the City of Carmel, Indiana did on the 21st of August 2006 adopt a Resolution approving a ten-year real property tax abatement for the Developer for its investment in a new building for the Company to be located in Carmel, Indiana. This Resolution, which affects the aforementioned described property in Exhibit A located in the City of Carmel, Indiana, was adopted following the filing of information by the Developer and the previous approval of the designation of property located in Carmel, Indiana, as an Economic Revitalization Area for the purpose of securing an abatement of property taxes pursuant to Indiana Code Section 6-1.1-12.1-4 relative to real estate improvements. Such Resolution previously approving such property as an Economic Revitalization Area and such Resolution approving a ten-year real property tax abatement for the Developer were provided by the Common Council of the City of Carmel, Indiana on the 18th of September 2006. Furthermore, the Resolution states that on the 18th of September 2006 at 6 p.m. in the Council Chamber Room located at One Civic Square, Carmel, Indiana 46032, the Common Council met to hear public comment from persons interested in these proceedings and make a determination about approving a ten-year real property tax abatement for the Developer for their investment in real estate improvements. A description of information related to the Developer's project and a copy of such Resolution are available for inspection in the Hamilton County Assessor's Office, Suite 214,33 North 9th Street, Noblesville, Indiana 46060. ,M}~ l\'.'" 'r;~>i!} \.,..~",~ CITI~ JAMES BRAINARD, MAYOR December 5, 2005 Mr. Mike Holstein Vice President and CFO Midwest ISO 701 City Center Drive Carmel, Indiana 46032 Dear Mr. Holstein: The City of Carmel is most pleased to have the opportunity to work with Midwest ISO on the proposed expansion of its corporate headquarters and operations facility. We have enjoyed working with your company and Ginovus again to identify the most meaningful ways we can assist with your proposed project. It is our understanding that Midwest ISO is contemplating a capital investment of approximately $75 million, and the creation of approximately 95 new jobs (average annual salary level of approximately $85,000.00) in the city of Carmel during the next five years. In support of the proposed expansion of your corporate headquarters and operations facility, the City of Carmel makes the following commitments in support of the project: 1. The City of Carmel will provide a ten-year real property tax abatement in support of the capital investment made by Midwest ISO for a new facility; 2. The City of Carmel will work with the state of Indiana to provide infrastructure improvements in the area adjacent to and near the Midwest ISO campus to support the company's proposed growth; 3. The City of Carmel will provide assistance to Midwest ISO during the permit and plan review process for the new building, and; 4.' The City of Carmel will provide support for and participate in a press conference regarding Midwest ISO's proposed corporate headquarters operations expansion project. Please note that final approval is required from the Carmel City Council for property tax abatement. The City of Carmel will provide you and Ginovus with all necessary technical assistance throughout the approval process. O~E CIVIC SQUARE. CARMEL, IN 46032 OFFICE 317.571.2401, FAX 317.844.3498 EMAIL jbrainard@ci.carmel.in.us The City of Carmel greatly appreciates the opportunity to work with Midwest ISO. We are very pleased that your company is considering another project in Carmel. If you have any questions and/or comments, please do not hesitate to give me a call. Thank you for your consideration. v cry truly yours, (~ Cc: Members ofthe Carmel City Council Larry Gigerich, Managing Director, Ginovus FORM 58 - 1/ RE INSTRUCTIONS: 1. This, statement must be submitted to the body designating the economic revitalization area prior to the public hearing if the designating body requires infor- matIon from the applicant in making its decision about whether to designate an Economic Revilafiza/ion Area. Otherwise this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. ~Projects~ planned or committed to after July 1, 1987 and areas designated after July 1, 1987 require a STATEMENT OF BENEFITS. (IG 6-1.1.12.1) 2. Approval aftha designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE a deduction may be approved. 3. To obtain a deduction, Form 322 ERA, Application for Deduction from Assessed Valuation of Structures in Economic Revitalization Areas, must be filed with the county auditor by the fater of: (1) May 10; or (2) thirty (30) days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1991 must submit Form CF - 1 annually to show compliance with the Statement of Benefits. (IC 6-1.1-12.1-5.6) 5. The schedules established under IC 6-1.1-12.1-4(d) and IC 6-1.1-12.1-4.5(e) effective July 1,2000 apply to any statement of benefits filed on or after July 1, 2000. The schedules effective prior to July 1, 2000 shall continue to apply to those statement of benefits filed before July 1, 2000. SECTION 1 TAXPAYER INFORMATION N~mp. nf t~l/n~VAr Lauth Property Group (on behalf of Midwest ISO's corporate headquarters and operations center facility project) Address of taxpayer (street and number, city. state and ZIP code) 401 Pennsylvania Parkway, Indianapolis, IN 46280 Name of contact person Michael Jones Name of designating body City of Carmel Location of property Address TBD in Block Seven of Carmel Science & Technology Center Description of real property improvements (use additional sheets if necessary) Lauth Property Group will construct a new building for Midwest ISO's corporate headquarters and operations center facility. County Hamilton County Resolution number CC-O&-O\/- 0 ~ -0'2... Taxing district 016 ESTIMATED Start Date Completion Date NOTE: Pursuant to IC 6-1.1-12.1-5.1 (d) (2) the COST of the property is confidential. Real Estate Improvements Cost Assessed Value Current values Plus estimated values of proposed project Less values of any property being replaced Net estimated values upon completion of project 22,500,000.00 SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER 22.500.000.00 Estimated solid waste converted (pounds) Estimated hazardous waste converted (pounds) Other benefits: resentations in this statement are true. Title Date signed (month, day, year) Senior Vice President 08/10/2006 ,:"'.' ',' " , ":'" ,.... FOR USE OF THE DESIGNATIN~ BOD'';::' ,,', ',t' ,:,,' "', ' "',,II' I , , , F' \ I ' '" " \' " ! I ,'e, ,I \.' ,I j j, IF, , We have reviewed our prior actions relating to the designation of this economic revitalization area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6-1.1-12,1-2.5, pro- vides for the following limitations as authorized under IC 6-1.1-12.1-2. A. The designated area has been limited to a period of time not to exceed designation expires is ~ 0 I 7 B. The type of deduction that is allowed in the designated area is limited to: 1 . Redevelopment or rehabilitation of real estate improvements; 2. Residentially distressed areas /0 calendar years' (see below). The date this D Yes D No D Yes D No C. The amount of deduction apolicable for redevelopment or rehabilitation is limited to $ value of $ cost with an assessed D. Other limitations or conditions (specify) Also we have reviewed the information contained in the statement of benefits and find that the estimates and expectations are reason- able and have determ'lned that the totality of benefits is sufficient to justify the deduction described above. Approved: or/zed member) T etephana number Date signed (month, day, year) 31 7-/J'-t:ro Designated body C O'N'\ ~ OV" C ~v... Y'\C i. \ . If the designating body limits the time peria time a taxpayer is entitled to receive a dad ring which an area is an economic revitalization area, it does not limit the length of Ion to a number of years designated under IC 6-1.1-12.1-4.