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HomeMy WebLinkAboutCC-05-16-11-01 Flywheel Healthcare, LLC/Young at Heart 10 Year PP ERA Tax AbatementSponsors: Councilors Carter, Rider, Sharp and Snyder RESOLUTION NO. CC: 05- 16 -11 -01 A DECLARATORY RESOLUTION "RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA DESIGNATING 101 WEST 103 STREET, CARMEL, INDIANA 46290 AS AN ECONOMIC REVITALIZATION AREA WHEREAS, I.C. 6- 1.1- 12.1 -4.5 authorizes partial abatement of personal property taxes attributable to the installation of qualifying new manufacturing equipment, new research and development equipment, new logistical distribution equipment, or new information technology equipment "Qualified Equipment and WHEREAS, I.C. 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 Flywheel Healthcare, LLC, d/b /a Young at Heart "the Company and such Designation Application requests that the real estate located at 101 W. 103rd Street, Carmel, Indiana and legally described therein (the "Site be designated as an ERA; and WHEREAS, the Company will occupy this location for its corporate headquarters operations, provided that the Company is able to obtain personal property tax deductions as authorized by I.C. 6- 1.1- 12.1 -4.5; and WHEREAS, the Company seeks to have the Council authorize personal property tax deductions in connection with the qualifying investment related to the installation of new Qualified Equipment at the Site; and WHEREAS, the Council has reviewed such Designation Application together with the Company's Statement of Benefits (Form SB -1) and now desires to take actions hereinafter set forth. NOW, THEREFORE, based upon a review of the Designation Application and Statement of Benefits (Form SB -1) heretofore filed by the Company, the Council hereby makes the following findings: FINDING 1. The Site is or has become undesirable for normal development due to the following economic conditions: (a) 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 (the "Corridor due to the present economic conditions. 1 FINDING 3. FINDING 4. FINDING 5. FINDING 6. FINDING 7. Sponsors: Councilors Carter, Rider, Sharp and Snyder (b) Vacancy rates for office space in the Corridor and an abundance of sublease opportunities evidence an oversupply of office space in the Corridor. FINDING 2. The Company's proposed use of the site as a corporate headquarters is consistent with the Site's existing zoning and represents an appropriate use for the building. The Company's installation of new personal property will result in an increase to the Corridor's overall assessed value. The proposed improvements at the Site by the Company meet the parameters set forth in Council Resolution No. CC- 02- 05- 01 -02. The estimate of the cost and assessed value of the Company's proposed improvements at the Site is reasonable for projects of a similar nature. The estimate of the number of individuals who will be employed (i.e., approximately 106 new FTE's) can be reasonably expected to result from the Company's proposed expansion at the Site. The estimate of the annual salaries (i.e., average of approximately $50,000 per annum) for those individuals who will be employed by the Company can be reasonably expected to result from the Company's proposed expansion at the Site. FINDING 8. The estimate of the cost and assessed value of the new Qualified. Equipment is reasonable for equipment of that type. FINDING 9. The Company will continue to be an active corporate citizen. FINDING 10. The Company's corporate headquarters in Carmel is consistent with the goals and vision established by the City of Carmel and the Hamilton County Alliance. FINDING 11. Other benefits can be reasonably expected to result from the Company's proposed expansion at the Site and installation of the new personal property. FINDING 12. The totality of benefits is sufficient to justify personal property tax deductions herein described. 2 Sponsors: Councilors Carter, Rider, Sharp and Snyder NOW, THEREFORE, BE IT RESOLVED THAT, a legal description of the Site has been attached hereto as Exhibit A. BE IT FURTHER RESOLVED THAT, in accordance with I.C. 6 -L1- 12.1 -2.5, the Site is hereby designated as an ERA for purposes of granting personal property tax abatement in support of the retention of the corporate headquarters and the installation of new Qualified Equipment. BE IT FURTHER RESOLVED THAT, on May 16, 2011, the Council shall hold a public hearing to receive all remonstrances and objections from interested persons, after which the Council shall take final action confirming, modifying or rescinding this resolution along with the findings and declarations contained herein. BE IT FURTHER RESOLVED THAT, the number of years for which the Company is entitled to a deduction for investments made in the new Qualified Equipment pursuant to I.C. 6- 1.1- 12.1 -4.5 shall be ten (10). BE IT FURTHER RESOLVED THAT, the Council shall have the right to reduce the length of and/or end the ERA designation period granted for the Site should the Company and/or a subsequent owner of the 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 Company is sold to a new owner, the new owner of the Company shall appear before the Council within 90 days of closing on the purchase of the Company to present information regarding the plans for the Company's operations in the City of Carmel. BE IT FURTHER RESOLVED THAT, the deductions authorized herein are contingent upon the designation and confirmation of the ERA prior to the installation of new Qualified Equipment. BE IT FURTHER RESOLVED THAT, if the Site is located in an allocation area (as defined in 1.C. 36- 7 -14 -39 or I.C. 36 -7- 15.1 -26), the Statement of Benefits contained in the Designation Application for the property tax deductions approved herein shall be deemed approved by the Council as the legislative body (as defined in I.C. 36- 1 -2 -9) of the unit that approved the designation of the allocation area (as required under I.C. 6 -1.1- 12.1 -2). 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 -2.5. 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. 3 Sponsors: Councilors Carter, Rider, Sharp and Snyder Adopted by the Common Council of the City of Carmel, Indiana this 1L day ofne 2011, by a vote of (p ayes and t nays. Presiding 0 W. Eric Seid Richard ATTEST: COMMON COU esidenl! idt harp, arliamentarian Diana L. Cordray, Clerk -Treas adi ATTEST: Diana L. Cordray, Clerk- Treasiy Prepared by: Leslie Wagner, Director of Project Management and Development Ginovus 8888 Keystone Crossing, Suite 1450 Indianapolis, Indiana 46240 317/819-4412 (telephone) 317/844 -4780 (facsimile) Leslie@ginovus.com (e -mail) IL OF THE CITY OF onald E. Carter 4,6 N 8T P k eSE N- John V. Accetturo Presented by me to the Mayor of the City of Carmel, Indiana, the 11 }h day of 2011, at a: lt) P .m. Diana L. Cordray, Clerk- Treasure Approved by me, the Mayor of the City of Carmel, Indiana this day of 2011, at 1v. 01 .m. /ernes Brainard, Mayor 4 Parcel I Sponsors: Councilors Carter, Rider, Sharp and Snyder EXHIBIT A A LAND BOUNDARY DESCRIPTION OF THE BUILDING AT 101 WEST 103 STREET, CARMEL, INDIANA 46290 HAMILTON COUNTY, INDIANA. LAND DESCRIPTION- R &D PREMISES Part of the West Half of Section 11, Township 17 North, Range 3 East in Hamilton County, Indiana, being more particularly described as follows: Commencing at the Northwest corner of the Northwest Quarter of said. Section 11, Township 17 North, Range 3 East; thence North 89 degrees 12 minutes 45 seconds East (Assumed Bearing) along the North line of said Northwest Quarter a distance of 1703.15 feet; thence South 00 degrees 47 minutes 15 seconds East a distance of [6.50 .feet to the Southwesterly right -of -way line of U.S. #31 a per plans for I.S.H.C. Project No. St F -222 (9) dated' 1973; thence South 78 degrees 38 minutes 19 seconds East, along said right -of -way line a distance of 218.74 feet to a curve having a radius of 22773.31 feet, the radius point of which bears North 89 degrees 48 minutes 13 seconds West; thence Southerly along said curve and West right- of-way line of U.S. #31 a distance of 771.69 .feet to a point which bears South 87 degrees 51 minutes 40 seconds East from said radius point; thence South 02 degrees 08 minutes 20 seconds West along. said right -of -way line a distance of 656.61 feet to a curve having a radius of 23063.31 feet, the radius point of which bears South 87 degrees 51 minutes 40 seconds East; thence Southerly along said curve and West right-of-way line a distance of 491.51 feet to the North line of a tract of land conveyed to the Pilgrim Lutheran Church of Indianapolis, Incorporated, recorded April 15, 1976, per Corporate Warranty deed in Deed Book 287, pages 832 and 833, in the Office of the Recorder of Hamilton County, Indiana, (said point being North 89 degrees 04 minutes 56 seconds West from said radius point); thence South 89 degrees 06 minutes 10 seconds West along the said North line a distance of 612.98 feet; thence South 00 degrees 08 minutes 07 seconds West a distance of 300.47 feet; thence South 89 degrees 06 minutes 10 seconds West a distance of 45.81 feet to the Beginning point; thence South 02 degrees 29 minutes 47 seconds East a distance of 99.79 feet to a curve having a radius of 815.00 feet, the radius point of which bears south 87 degrees 30 minutes 13 seconds West; thence southerly along the are of said curve a distance of 172.66 feet to the point of reverse curvature of a curve having a radius of 1085.00 feet, the radius point of which bears South 80 degrees 21 minutes 28 seconds East thence Southerly along the arc of said curve a distance of 179.98 feet to a point which bears North 89 degrees 51 minutes 25 seconds West from said radius point; thence South 00 degrees 08 minutes 35 seconds West a distance of 132.88 feet to a curve having a radius of 135.00 feet, the radius point of which bears North 89 degrees 51 minutes 25 seconds West; thence Southwesterly along the arc of said curve a distance of 211.71 feet to a point which bears South 00 degrees 00 minutes 00 seconds West from said radius point; thence North 90 degrees 00 minutes 00 seconds West a distance of 313.18 feet to a curve having a radius of 300.00 feet, the radius point of which bears North 00 degrees 00 minutes 00 seconds West; thence Westerly along the arc of said curve a distance of 119.05 feet to a point which bears South 22 degrees 44 minutes 15 seconds West from said radius point; thence North 67 degrees 15 minutes 45 seconds West a distance of 26.05 feet to a curve having a radius of 40.00 feet, the radius point of which bears North 22 degrees 44 minutes 15 seconds East; thence Northwesterly along the arc of said surve a distance of 59.74 feet to the point of reverse curvature of a curve having a radius of 715.00 feet, the radius point of 5 Parcel II Sponsors: Councilors Carter, Rider, Sharp and Snyder which bears North 71 degrees 41 nnintues 19 seconds West; thence Northerly along the arc of said curve a distance of 228.51 feet to a point which bears North 90 degrees 00 minutes 00 seconds East from said radius point; thence North 00 degrees 00 minutes 00 seconds East a distance of 130.55 feet to a curve h.aving a radius of 485.00 feet, the radius point of which bears North 90 degrees 00 minutes 00 seconds East; thence Northeasterly along the are of said curve a distance of 422.68 feet to a point which bears North 40 degrees 03 minutes 58 seconds West from said radius point; thence North 49 degrees 56 minutes 02 seconds East a distance of 125.79 feet to a curve having a radius of 40.00 feet, the radius point of which bears South 40 degrees 03 minutes 58 seconds East; thence Easterly along the arc of said curve a distance of 55.05 feet to the point of reverse curvature of a curve having a radius of 165.00 feet, the radius point of which bears North 38 degrees 47 minutes 13 seconds East, thence Easterly along the arc of said curve a distance of 195.77 feet to the point of reverse curvature of 'a curve having a radius of 40.00 feet, the radius point of which bears South 29 degrees 11 minutes 31 seconds East, thence Easterly along the arc of said curve a distance of 63.94 feet to the point of compound curvature of a curve having a radius of 335.00 feet, the radius point of which bears South. 62 degrees 23 minutes 28 seconds West; thence Southeasterly along the arc of said curve a distance of 146.83 feet to a point which bears North 87 degrees 30 minutes 13 seconds East from said radius point and the Beginning Point. Part of the West half of Section 11, Township 17 North, Range 3 East in Hamilton County, Indiana being more particularly described as follows: Commencing at the Northwest conger of the Northwest Quarter of Section 11, Township 17 North, Range 3 East; thence North 89 degrees 12 minutes 45 seconds :East (assumed bearing) along the North line of said Northwest Quarter a distance of 1703.15 feet; thence south 00 degrees 47 minutes 15 seconds East a distance of 16,50 feet to the Southwesterly right -of -way line of U.S. 1131 as per plans for I.S.H.C. Project No. ST F- 222(9) dated 1973; thence South 78 degrees 38 minutes 19 seconds ,East along, said right-of-way line a distance of 218.74 feet to the west right of way line of U.S. #31 on a curve having a radius of 22773.31 feet, the radius point of which bears North 89 degrees 48 minutes 13 seconds West; thence Southerly along said curve and West right-of-way line of U.S. #31 an arc distance of 771.69 feet to a point which bears South 87 degrees •51 minutes 40 seconds East from said radius point; thence South 02 degrees 08 minutes 20 seconds West along said right -of -way line a distance of 656.61 feet to a curve having a radius of 23063.31 feet, the radius point of which bears South 87 degrees 51 minutes 40 seconds East; thence Southerly along said curve and West right -of -way line an arc distance of 491.51 feet to a point which bears North 89 degrees 04 minutes 56 seconds West from said radius point, thence South 89 degrees 06 minutes 10 seconds West parallel with the South line of said Northwest Quarter Section a distance of 612.98 feet; thence South 00 degrees 08 minutes 07 seconds West a distance of 29.85 feet to the Beginning Point; thence continuing South 00 degrees 08 minutes 07 seconds West a distance of 3.16.20 feet; thence North 89 degrees 06 minutes 10 seconds East parallel with the South line of said Northwest Quarter Section a distance of 53.40 feet; thence South 00 degrees 09 minutes 10 seconds West a distance of 330.05 feet; thence South 89 degrees 06 minutes 10 seconds West parallel with the South line of said Northwest Quarter Section a distance of 88.30 feet to a point on a curve having a radius of 1055.00 feet the radius point of which bears South 85 degrees 45 minutes 37 seconds East; 6 Sponsors: Councilors Carter, Rider, Sharp and Snyder which bears North 71 degrees 41 rnintues 19 seconds West; thence Northerly along the arc of said curve a distance of 228.51 feet to a point which bears North 90 degrees 00 minutes 00 seconds East from said radius point; thence North 00 degrees 00 minutes 00 seconds East a distance of 130.55 feet to a curve having a radius of 485.00 feet, the radius point of which bears North 90 degrees 00 minutes 00 seconds East; thence Northeasterly along the arc of said curve a distance of 422.68 feet to a point which bears North 40 degrees 03 minutes 58 seconds West from said radius point; thence North 49 degrees 56 minutes 02 seconds East a distance of 125.79 feet to a curve having a radius of 40.00 feet, the radius point of which hears South 40 degrees 03 minutes 58 seconds East; thence Easterly along the arc of said curve a distance of 55.05 .feet to the point of reverse curvature of a curve having a radius of 165.00 feet, the radius point of which bears North 38 degrees 47 minutes 13 seconds East, thence Easterly along the arc of said curve a distance of 195.77 feet to the point of reverse curvature of a curve having a radius of 40.00 feet, the radius point of which bears South 29 degrees 11 minutes 31 seconds East, thence Easterly along the are of said curve a distance of 63.94 feet to the point of compound curvature of a curve having a radius of 335.0() feet, the radius point of which bears South 62' degrees 23 minutes 28 seconds West; thence Southeasterly along the are of said curve a distance of 146.83 feet to a point which bears North 87 degrees 30 minutes 13 seconds East from said radius point and the Beginning Point. Parcel II Part of the West half of Section 11, Township 17 North, Range 3 East in Hamilton County, Indiana being more particularly described as follows: Commencing at the Northwest corner of the Northwest Quarter of Section 11, Township 17 North, Range 3 East; thence North 89 degrees 12 minutes 45 seconds East (assumed bearing) along the North line of said Northwest Quarter a distance of 1703.15 feet; thence south 00 degrees 47 minutes 15 seconds East a distance of 16.50 feet to the Southwesterly right-of-way line of U.S. ff31 as per plans for I.S.H.C. Project No. ST F- 222(9) dated 1973; thence South 78 degrees 38 minutes 19 seconds East along, said right-of-way line a distance of 218.74 feet to the west right of way line U.S. #31 on a curve having a radius of 22773.31 feet, the radius point of which bears North 89 degrees 48 minutes 13 seconds West; thence Southerly along said curve and West right-of-way line of U.S. #31 an arc distance of 771.69 feet to a point which bears South 87 degrees 51 minutes 40 seconds East from said radius point; thence South 02 degrees 08 minutes 20 seconds West along said right-of-way line a distance of 656.61 feet to a curve having a radius of 23063.3.1 feet, the radius point of which bears South 87 degrees 51 minutes 40 seconds East; thence Southerly along said curve and West right -of -way line an arc distance of 491.51 feet to a point which bears North 89 degrees 04 minutes 56 seconds West from said radius point, thence South 89 degrees 06 minutes 10 seconds West parallel with the South line of said Northwest Quarter Section a distance of 612.98 feet; thence South 00 degrees 08 minutes 07 seconds West a distance of 29.85 feet to the Beginning Point; thence continuing South 00 degrees 08 minutes 07 seconds West a distance of 316.20 feet; thence North 89 degrees 06 minutes 10 seconds East parallel with the South line of said Northwest Quarter Section a distance of 53.40 feet; thence South 00 degrees 09 minutes 10 seconds West a distance 330.05 feet; thence South 89 degrees 06 minutes 10 seconds West parallel with the South line of said Northwest Quarter Section a distance of 88.30 feet to a point on a curve having a radius of 1055.00 feet the radius point of which bears South 85 degrees 45 minutes 37 seconds East; 7 Sponsors: Councilors Carter, Rider, Sharp and Snyder thence Northerly along said curve an arc distance of 99.48 feet to the point of curvature of a reverse curve having a radius of 845.00 feet the radius point of which bears North 80 degrees 21 minutes 28 seconds West; thence Northerly along.the are of said curve a distance of 179.02 feet to a point which bears North 87 degrees 30 minutes 13 seconds East from said radius point; thence North 02 degrees 29 minutes 47 seconds West a distance of 99.79 feet to the point of curvature of a curve having a radius of 365.00 feet the radius point of which bears South 87 degrees 30 minutes 13 seconds West; thence Northwesterly along said curve an arc distance of 191.26 feet to the point of curvature of a reverse curve having a radius of 40.00 feet the radius point of which bears North 57 degrees 28 minutes 53 seconds East; thence Northerly along said curve an arc distance of 42.63 feet to the point of curvature of a reverse curve having a radius of 165.00 feet the radius point of which bears North 61 degrees 27 minutes 18 seconds West; thence Northeasterly along said curve an arc distance of 24.46 feet to the point of curvature of a reverse curve having a radius of 40.00 feet to the radius point of which bears South 69 degrees 56 minutes 59 seconds East; thence Northeasterly along said curve an arc distance of 48.21 feet to a point which bears North 00 degrees 53 minutes 50 seconds West from said radius point; thence North 88 degrees 53 minutes 36 seconds East a distance of 29.01 feet to the Beginning Point. Parcel III And those easements and rights set out and described in Declaration of Covenants and Easements by Meridian 465 Associates, L.P., dated August 24, 1990 and recorded August 31, 1990 as Instrument No. 9021705 and amended by Easement Relocation recorded Juen 24, 1992 as Instrument No. 9223780 and further amended by a Limitation of Declared Easements recorded November 23, 1994 as Instrument No. 94.-48443. 8 Parcel I Sponsors: Councilors Carter, Rider, Sharp and Snyder LAND DESCRIPTION- OFFICE HEADQUARTERS FACILITY Part of the West Half of Section 11, Township 17 North, Range 3 east in Hamilton County, Indiana, being more particularly described as follows: Commencing at the Northwest corner of the Northwest Quarter of said Section 11, Township 17 North, Range 3 East; thence North 89 degrees 12 minutes 45 seconds East (assumed bearing) along the North line of said Northwest Quarter a distance of 1703.15 feet; thence South 00 degrees 47 minutes 15 seconds East a distance of 16.50 feet to the ,Southwesterly right -of -way line of U.S. #31 as per plans for Project 1.S.H.C. Project No. ST F-222(9) dated 1973; thence South 78 degrees 38 minutes 19 seconds East, along said right-of-way line a distance of 218.74 feet to a curve having a radius of 22773.31 feet, the radius point of which bears North 89 degrees 48 minutes 13 seconds West; thence Southerly along said curve and West right -of -way line of U.S. #31 a distance of 771.69 feet to a point which bears South 87 degrees 51 minutes 40 seconds East from said radius point; thence South 02 degrees 08 minutes 20 seconds West along said right -of-way line a distance of 328.86 feet to the Beginning Point; thence continuing South 02 degrees 08 minutes 20 seconds West along said right-of-way line a distance of 327.75 feet to a curve having a radius of 23063.31 feet, the radius point of which bears South 87 degrees 51 minute 40 seconds East; thence Southerly along said curve and West right -of -way line a distance of 466.90 feet to a point which bears North 89 degrees 01 minutes 16 seconds West from said radius point (said point also being on a curve having a radius of 1974.00 feet, the radius point of which bears North 01 degree 04 minutes 19 seconds West; thence Westerly along the arc of said curve a distance of 174.39 feet to the point of reverse curvature of a curve having a radius of 2026.00 feet, the radius point of which bears South 03 degrees 59 minutes 23 seconds West; thence Westerly alogn the arc of said curve a distance of 180.32 feet to a point which bears North 01 degree 06 minutes 35 seconds West from said radius point; thence South 88 degrees 53 minutes 25 seconds West a distance of 289.45 feet to a curve having a radius of 40.00 feet the radius point of which bears North 01 degree 06 minutes 35 seconds West; thence Northwesterly along the are of said curve a distance of 48.06 feet to the point of reverse curvature of a curve having.a radius of 165.00 feet, the radius point of which hears South 67 degrees 43 minutes 49 seconds West; thence Northwesterly along the are of said curve a distance of 130.56 feet to the point of reverse curvature of a curve having a radius of 40.00 feet, the radius point of which bears North 22 degrees 23 minutes 35 seconds East; thence Northwesterly along the are of the said curve a distance of 45.74 feet to the point of compound curvature of a curve having a radius of 185.00 feet, the radius point of which bears North 87 degrees 54 minutes 18 seconds East; thence Northerly along the arc of said curve a distance of 110.89 feet to a point which bears North 57 degrees 45 mintues 00 seconds West from said radius point; thence North 32 degrees 15 mintues 00 seconds East a distance of 297.48 feet to a curve having a radius of 261.00 feet, the radius point of which bears North 57 degrees 45 minutes 00 seconds West; thence Northerly along the arc of said curve a distance of 146.91 feet to a point which bears North 90 degrees 00 minutes 00 seconds East from said radius point; thence North 00 degrees 00 mintues 00 seconds East a distance of 144.15 feet; thence North 90 degrees 00 minutes 00 seconds East a distance of 593.75 feet to the Beginning Point. 9 Parcel II Sponsors: Councilors Carter, Rider, Sharp and Snyder Part of the Northwest Quarter of Section 11, Township 17 North, Range 3 East in Hamilton County, Indiana, being more particularly described as follows; Commencing at the Northwest corner of the said Northwest Quarter Section; thence on an assumed bearing of North 89 degrees 12 minutes 45 seconds East along the North line of the said Northwest Quarter Section a distance of 1320.00 feet; thence South 00 degrees 00 minutes 00 seconds West, parallel with the West line of the said Northwest Quarter Section, a distance of 65.00 feet; thence North 89 degrees 05 minutes 48 seconds East a distance of 597.86 feet to the West Right -of -Way line of U.S. 31 (North Meridian Street) and a curve having a radius of 22773.31 feet, the radius point of which bears North 89 degrees 48 minutes 01 seconds West; thence southerly along said West right -of -way line an are distance of 770.45 feet to a point which hears South 87 degrees 51 minutes 40 seconds East from said radius point; thence South 02 degrees 08 minutes 20 seconds West along said West right -of -way line a distance of 264.82 feet to the POINT OF BEGINNING; thence continuing South 02 degrees 08 minutes 20 seconds West along said right-of-way line a distance of 64.04 feet; thence South 90 degrees 00 minutes 00 seconds west a distance of 593.75 feet to the Easterly Right of-Way line for. Illinois Street per Warranty Deed recorded as Instnunent Number 9202819 in the Office of the Recorder of Hamilton County, Indiana; thence North 00 degrees 00 minutes 00 seconds East along said East right-of-way line a distance of 64.00 feet; thence North 90 degrees 00 minutes 00 seconds East a distance of 596.14 feet to the Beginning of Point. .Parcel I1I Those easements and rights set out and described in a Declaration of Covenants and Easements by Meridian 465 Associates, L.P., dated August 24, 1990, and recorded August 31, 1990, as Instrument No. 9021705 and amended by an Easement Relocation recorded June 24, 1992, as Instrument #9223780 and further amended by a Limitation of Declared Easements recorded. November 23, 1994, as Instrument No. 94- 48443. 10 Sponsors: Councilors Carter, Rider, Sharp and Snyder EXHIBIT B NOTICE OF ADOPTION REGARDING THE APPROVAL OF A TEN -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR FLYWHEEL HEALTHCARE, LLC, D /B /A YOUNG AT HEART 101 WEST 103 STREET, CARMEL, INDIANA 46290 PAGE 1 OF 1 PUBLIC NOTICE OF ADOPTION OF RESOLUTION CC: 05- 16 -11 -01 Notice is hereby given that the Common Council of the City of Carmel, Indiana did on the 2" of May, 2011, adopt Resolution CC: 05- 16 -11 -01 designating an Economic Revitalization Area "ERA for Flywheel Healthcare, LLC, d/b /a Young at Heart for its investment at its corporate headquarters facility located at 101 West 103 Street. This Resolution, which affects the following described property located in the City of Carmel, Indiana: 101 West 103 Street, White River Township, Parcel No. 16- 13- 11- 00 -00- 036.008 as described in Exhibit A of Resolution CC: 05- 16 -11 -01 (the Property was adopted following the filing of information by Flywheel Healthcare, LLC, designating the Property as an ERA for the purpose of securing a (10) ten year personal property tax abatement pursuant to Indiana Code Section 6 -1.1- 12.1 -4.5 relative to the installation of new qualifying equipment. On the 16 of May 2011, at 6 p.m. in the Council Chamber Room, located at One Civic Square, Carmel, Indiana, 46032, the Common Council shall hold a public hearing and receive all remonstrances and objections from interested persons regarding these proceedings before taking final action confirming, modifying or rescinding Resolution CC: 05- 16- 11 -01. A description of the property and a copy of Resolution CC: 05- 16 -11 -01 are available for inspection in the Hamilton County Assessor's Office, North 9 Street, Suite 214, Noblesville, Indiana 46060. For additional information on the project, contact Larry Gigerich, Managing Director, Ginovus, 317 -819 -0890. 11