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Home My WebLink AboutBPW-07-03-13-01 Credit against payment of Parks and Recreation impact fees RESOLUTION NO. BPW- 07-03-1301 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 Zoning Ordinance 29.07.05 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 Zoning Ordinance 29.07.05 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 Anderson Birkla Investment Partners, LLC,an Indiana limited liability company ("Anderson Birkla"), finance, construct, and dedicate to the City, later than two (2) years from the date on which this Resolution is approved by the Board (the "End Date"), those certain infrastructure or 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 Seventy Three Thousand Eight Hundred Seventy Six Dollars($73,876.00); and, WHEREAS, Anderson Birkla shall execute and return to the Board, by and through the Cannel City Attorney, 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$73,876.00 is due and owing by Anderson Birkla to the City by virtue of that certain improvement identified on attached Exhibit C (the"Targeted PRIF"); and, WHEREAS, Anderson Birkla'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 Anderson Birkla'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. BPW Resolution No, 07-03-1301 Page One of Two Pages 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 Anderson Birkla finance, construct, and dedicate to the City those certain infrastructure or improvements set forth on attached Exhibit A, in exchange for a PRIF credit of exactly$73,876.00, 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 Michael Hollibaugh, 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 3rd day of ).t , , 2013. CARMEL BOARD OF PUBLIC WORKS AND SAFETY By: fames Brainard, P esid'. g Officer Date: Mary d urke, emb r Date: �� ' Lori S. . , ember Date: 7/3/13 ATTEST: iana� )- ulit y, IAM , lerk-Treasurer Date: 7 -3 -1 3 BPW Resolution No, 07-03-1301 Page Two of Two Pages �dmnv6v41 e∎Pla he.tosecesettranm II I S i I I I E M I I I I re' 5 1 i IrI 1 I I !6 1 i i 1 1 1 1 ry 1 I n 1 13 I I I `' ❑ ix.DRAINAGE MANHOLE �_� I 1 I 1 TOR = 833.00 - INV. N = 826.02 1 V INV. N = 826.37 Ira 5 a '' t INV. SW = 825.83 / 4R g I a , I 18" RCP Stub-Oul 91 / ❑ , I 5 1 (Per Plan) I 1 1 15� PVC I 1 DRAINAGE MANHOLE- .'�.'� I I 6 I I } (Burled) u AOU•ISWIRL ANITBLE 1 TOR = 8=1.80 y_� .Air TOR 832.7• I 1 INV. NE 824.90 - �' ' INV, 5 = 825.00 • INV. T 819.31 I 1 TOP OF WEIR S = 826.33 v, �1i I INV. W = 825.10 . INV. SE =824.95 ') 1 1 DRAINAGE MANHOLE I' 1 (Burled) 5( 1 • I `^ ,.., TOR = 833.30 - I INV. N = 825.45 � ' • 5 I INV. W = 825.40 -! 1 1 (All Per Plan) ; .j_ 1 1 3'xT Box Culvert J I I\ i TOP = 830.81 -- -5 - / �., INV. = 827.21 G�• I -_ V ` a: Ul iE:I �' i s .;. -r. _ it Fountain Constraints 9[[T HO coke gApMERII pC�AON�p �pgp INDIANAPOLIS,7260 SHADELAND STATION o+m 6-10-10 II RII�Bp B UHfl1I ®o8@!6 TEL 317.547 FAX 3 5430270 w+rw er kv< 11 INC. www.atructurepoInteom on BY coy ,a He w Eibibit IL" 'tth 6-- A At ;irik re . rielr hill ..„grip%�Y Ma tier- f >� . k A 'ice' o A.,14i ' '�. / •, °a BIKE f ili'''''''''' -f- , eiz c4.„ct, 4,14 • _ 1-,4 /Th csimaior. lop _ FOUNTAIN TO MATCH WEST-MAIN — 4ND AVE SW ROUNDA5C T FUTURE WALKWAt _ t 1 / C. Fountain Future improvements 96T NO SCALE: 1•.1U' gAMERICAN 7260 SHADE/1/4ND STATION we S-10-13 p RIy{Sp111111 f i' X11IRIT TEL 317.647 6580 FAX 317543.0270 DAYS Or I rt 2 INC. www.etructurepointtom oat or bets A NO. 6 it2 r IOJt3 REJarnda.arn s City ofCapri&Ind,and Animas 1311atsedtgrotmd on be Malan hauyaparEtleM Irged s Pnnl 'Ft u mot,+1 01-7 t '17,'-'7 gti t ° ,tej i Ya I- t _ , llI ": .I` -I [ "`4Fy,�exist -RElournaie.com-http://www,re)ournale.com- City of Carmel, Ind., and Anderson Birkia break ground on $6 million luxury- apartment project Posted By Staff Writer On May 9,2013 CI 6:28 pm I t o Comment* ,',,,,q., n e F f H,;,- b " „ 8s k u „ , ,t iw z ° " v 3 v : i,n " t x t �d a t •�„, 4 t � ■ "r�� 4as a � 1 4`� m *,u •S°` 4,,,,‘, ".y 0.c'i-,,,� /�~(\ ,. xy�aue, . N,c{ -: '��'�3F .4.a"r , ! .- - srAIAlig iA„6 aYdw , fttiPl� o '' kto , d F ,. L tdY) 5ma ta, c5 C•--LI .At,�' AI . p ',tic 'IF—- v .�+'rA g -aril agktl:a' ,wnza0r ap 3'.,;,:-,- ?; {.4[-A.,1'1`9 I, t ,n� ,-- il ti 14,n�i� S ! '�'gz .4 rz 9 14. !---;@ 6 a i. r A illy IIEiOit AA 134 �'2il3t 'c Culasz 4 ;4 " ' v 1's I-:il,ll wrrpa. ,AnlN aat -- ad �^ M1 r it ! �diAq � ,, l r :t,, irf„3, ' ' 0I:lld II iitl°p 2_9, a #S": � ,,, ". 4` :� /MBA '* 3 r r . r �,p • :;- i �q rri �� x _ Mid. od � z, r off, ' , � It% t-a n l<I ° caw r9*y r a,�y4..s�;+f�'f-@.-,y-,..i� .d�..w...: �yr" " � .��°.;..aka. N'd"'.==ri .�s":' .. .cs_,. ....4'44.�w �- : s'7"�.57"t∎8e""`r� " . -r k) The Men on 3rd The City of Carmel,Ind.,and Anderson Birlda Investment Partners LIC broke ground onr at $6 million construction project that will Include 44 luxury'apartments and Anderson Birkla's corporate headquarters.This boutique development will be called`The Mezz." The buildings will be located on both the east and west end of the James Building (The Tarkington Theater building)In Cannel's City Center. "The Men"on the Monon,on the east side of the James Building overlooking the Monon Trail,will be more than 25,000 square feet,Including residential amenity space on the first foor,The upper four floors will be luxury apartments. In addition to the luxury apartments along the Monon Trail,Anderson Birkla well build Its Corporate headquarters and luxury apartments on 40,000 square feet along the west side of the building on 3rd Avenue SW,called"The Mezz°on 3rd.The current plan calls for a five-story building with the first floor occupied by Anderson Blrkla,with luxury apartments on the remaining four Floors, Copyright®2010 Rfioumais.com.All rights reserved. 1 C 06 I 1/1 awrgourrole ean2013i0fi1A&atyol-came-rtl a rd a Ceeon-tirHe-fli grmdaf&MBlafuavya tr nFpgrNpny PRIF CREDIT AGREEMENT COMES NOW Cannel Development I, LLC, an Indiana limited liability company ("Carmel Development Pe), by its undersigned duly authorized agent, and states as follows: Carmel Development I hereby agrees to finance, construct, and dedicate to the City of Carmel, Indiana, by and through its Board of Public Works and Safety, those certain infrastructure or improvements set forth in attached Exhibit A the same being incorporated herein by this reference, in exchange for a PRIF credit of exactly Seventy-Three Thousand Eight Hundred Seventy-Six Dollars ($73,876.00),pursuant to the terms and conditions set forth in said Exhibit A. SO AGREED this ! day of ,pGent49C , 2013. CARMEL DEVELOPMENT I / By: Authorize. igna Printed Name A'//J�p/!. Title �" LEE Pasant Coo umentvlAyamen6ICRECIR AGREEMENMRIF Crept -Cmmel Devetpment I dom7116[0133.31 PM