PLAINFIELD TOWN COUNCIL RESOLUTION NO. 2016-35 RESOLUTION PRELIMINARILY DESIGNATING ECONOMIC REVITALIZATION AREA AND QUALIFYING CERTAIN PERSONAL PROPERTY FOR TAX ABATEMENT KOHL’S CORPORATION -
WHEREAS, the Town Council of the Town of Plainfield, Indiana (the “Town Council” and “Town,” respectively) adopted a Tax Abatement Procedures Ordinance on March 24, 1997 (the “Ordinance”); and WHEREAS, pursuant to the Ordinance, Kohl’s Corporation (the “Applicant”) has filed with the Town Council on June 16, 2016, a Petition for Personal Property Tax Abatement Consideration (the “Application”), pursuant to I.C. 6-1.1-12.1-1-1 et. seq.; and WHEREAS, the Application has been reviewed by the staff, the Tax Abatement Committee and the Town Council, and the Town has received from the Applicant the requisite filing fee. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PLAfNFIELD, TNDIANA, AS FOLLOWS: 1. Declaration of Economic Revitalization Area. The Town Council declares that the location described in Exhibit A, attached to and made part of this resolution (the “Location”), is, and shall hereinafter be, preliminarily deemed an “economic revitalization area” as that phrase is used and intended under the provisions of Indiana Code Sections 6-1.1-12.1-1 et. seq. 2. Personal Property. The Town Council declares that any and all personal property purchased and installed at the Location afier the date of the adoption of this resolution by the Town Council, including the personal property described in Exhibit B, shall be eligible for personal property tax abatement pursuant to the provisions of I.C. 6-1.1-12.1-1 et. seq. 3. Compliance with Applicable Resolution and Statues. The Town Council declares that the Application complies in all respects with the Ordinance and all governing Indiana statutes, and that the Application, in all respects, is preliminarily granted and approved. 4. Findings of Fact. The Town Council states that the Location is now undesirable for, or impossible of, normal development and occupancy because of a lack of development, cessation of growth, deterioration of improvements or character of occupancy, age, obsolescence, substandard buildings or other factors that have impaired value or prevent normal development of property. The Town Council hereby finds the following: (a)
The estimate of the value of the Applicant’s Project as stated in the Application is reasonable;
(b)
The employment numbers stated in the Application as a result of the Project, if any, are reasonably expected;
(c)
The salaries related to such employment, if any, are reasonable; and
(d)
The benefits to be received from the Applicant’s Project are sufficient to justify the deduction.
6. Abatement Duration. Based upon the provisions of the Ordinance, the Town Council declares that a seven (7) year abatement duration meets the requirements of the Ordinance. 7. Effective Date. This resolution shall be effective immediately upon its passage, subject to the notice and hearing provisions of I.C. 6-1.1-2.1-2.5. The hearing contemplated by said statute shall be held at the time and place of the meeting of the Town Council on April 25, 2016, to wit: Plainfield Town Hall, 206 W. Main Street, Plainfield, Indiana, at 7 p.m. local time. At such meeting the Town Council shall take final action determining whether the qualifications for an economic revitalization area and the personal property abatement have been met, and shall confirm, modify and confirm, or rescind this resolution. Such determination and final action by the Council shall be binding upon all affected parties; subject to the appeal procedures contemplated by I.C. 6-1.1-12.1-1 et. seq. 8. Filing With Hendricks County Authorities. Upon the adoption of this resolution, the Clerk-Treasurer of the Town shall cause a certified copy of this resolution, including the description of the previously described location and attached map, to be filed with the Hendricks County Assessor and/or such other Hendricks County Government officials as shall be necessary to make the Applicant eligible to file for personal property tax abatement as to the personal property contemplated by the Application.
Adopted by the Town Council of the Town of Plainfield, Indiana this
th
day of July,
2016. TOWN COUNCIL, TOWN OF PLAINFIELD HENDRICKS COUNTY, LNDIAN
/EéJ resident
kobin G. Brandgard
5L/ Bill Kirch ff
Kent
hail
CJnce K. Angle
iN L’ridget
/
Att
b :
Wesley R. Bennett, lerk-Treasurer of the Town of Plainfield, Indiana
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EXHIBIT A [description of location deemed an economic revitalization area]
Exhibit “A PARCEL 1- FEE A part of the East half of Section 18, TownshIp 15 North, Range 2 East of the Second Principal Meridian In Hendricks County, Indiana and being more particularly described as follows: Commencing at the Northeast corner of the Northeast Quarter of Section 18, TownshIp 15 North, Range 2 East; thence South 01 degree 01 mInute 33 seconds East 2,680.80 feet along the East line of said Northeast Quarter to the Southeast corner of said Northeast Quartet; thence South 00 degrees 50 mInutes 45 seconds East 109.42 feet along the East line of the Southeast Quarter to the Southeast corner of the Piat of Alipoints Midwest Business Park Section 2 (Incremental) Loti recorded as Instrument Number 200818455 (Plat Cabinet 7, Slide 58 2 A, B, C & D) In The Office of The Recorder of Hendricks County, Indiana and being the Point of Beginning; thence continuing South 00 degrees 50 minutes 45 seconds East 546.90 feet along said line to the North line of the proposed Secondary Plat of Atlpolnts Midwest Business Park Section Z Lot 6 and 6-A (unrecorded); thence South 87 degrees 55 minutes 54 seconds West 576.09 feet along said North line to the East line of Amended Plat of Allpoints Midwest Business Park Section 1 (Incremental) Lot I recorded as Instrument Number 200809789 (Ptat Cabinet 7, Slide 48 2 A & B) in said Recorders Office; thence North 01 degrees 54 mInutes 01 seconds West 358.57 feet along said East line to a point of curvature to the left having a radius of 385,00 feet, the radius point of which bears South 88 degrees 05 mInutes 59 seconds West; thence Northerly 198.66 feet along said East line and said curve to a point which bears North 58 degrees 32 mInutes 06 seconds East from said radius point being a Southwesterly cornet of said Ailpoints Midwest Business Park Section 2 (Incremental) Lot 1; thence North 88 degrees 06 mInutes 11 seconds East 636.28 feet along the South line of said Ailpoints Midwest Business Park Section 2 (incremental) Lot ito the POINT OF BEGINNING. Containing 321,342.03 square feet or 7.377 acres, more or less, -
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The below description Is a revised version of Parcel 1 with updates to the now recorded plat of Alipoints Midwest Business Park Section 2 Lots 6 and 6-A and also reflecting the bearing system of this survey. -
Part of the Southeast Quarter of Section 18, TownshIp 15 North, Range 2 East of the Second Principal Meridian In Hendricks County, Indiana and being more particularly described as follows: Commencing at the northeast corner of said Southeast Quarter; thence South 00 degrees 23 minutes 45 seconds East 109.42 feet along the East line of the Southeast Quarter to the Southeast corner of the Flat of Ailpoints Midwest Business Park Section 2 (Incremental) Lot 1 recorded as Instrument Number 200818455 (Flat Cabinet 7, Slide 58 2 A, B, C & 0) In The Office of The Recorder of Hendricks County, Indiana and being the Point of Beginning; thence continuing South 00 degrees 23 minutes 45 seconds East 546.87 feet along said line to the North line of the Secondary Plat of Alipoints Midwest Business Park Section 2 Lot 6 and 6-A recorded as Instrument number 201502224 and flied in Fiat Cabinet 8, SlIde 35, pages 1 A-B; thence South 88 degrees 23 minutes OS seconds West 575.98 feet along said North line to the East line of Amended Fiat of Atipoints Midwest Business Park SectIon 1 (Incremental) Lot 1 recorded as Instrument Number 200809789 (Piat Cabinet 7, SlIde 48 2 A & B); thence North 01 degrees 26 minutes SO seconds West 358.57 feet along said East line to a point of curvature to the left having a radius of 385.00 teet; thence Northerly an arc distance of 198.66 teet along said East line and curve, said curve being subtended by a 196.40 feet long chord bearing North 16 degrees 13 mInutes 28 seconds West, to a Southwesterly corner of said Alipoints Midwest Business Park Section 2 (Incremental) Lot 1; thence North 88 degrees 33 minutes 11 seconds East 636.10 feet along the South line of said Ailpoints Midwest Business Park Section 2- (Incremental) Lot ito the POINT OF BEGINNING. Containing 7.375 acres, more or less. -
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PARCEL 2- FEE
That portion of the Southwest Quarter of Section 17 and East Half of the Southeast Quarter of Section 18, all In Township 15 North, Range 2 East of the Second Principal Meridian, Washington Township, Hendricks County, Indiana, described as follows: BEGINNING at an iron pin in concrete marking the southwest corner of said Southwest Quarter; thence South 88 degrees 06 minutes 13 seconds West along the south line of said East Half 489.30 feet to the southeast corner of the Amended Piat of Alipoints Midwest Business Park, Section One, Incremental Lot 1, platted in Instrument Number 200809789 in the Office of the Recorder of Hendricks County, Indiana (the following four (4) lines are along the easterly lines of said plat); 1) thence North 01 degrees 53 minutes 47 seconds West 50.00 feet to a 5/8 inch rebar with cap stamped “Banning Eng Firm #0060” (herein referred to as “capped rebar”) set; 2) thence North 49 degrees 39 mInutes 57 seconds West 44.43 feet to a capped rebar set; 3) thence North 07 degrees 26 minutes 06 seconds West 171.84 feet to a rebar with cap stamped “Cripe Firm #0055”; 4) thence North 01 degrees 53 minutes 47 seconds West 1,771.60 feet to a capped rebar set; thence North 87 degrees 56 minutes 08 seconds East 599.28 feet to a capped rebar set; thence North 89 degrees 29 minutes 51 seconds East 1309.1$ feet to a capped rebar found on the east line of the West Half of said Southwest Quarter; thence South 00 degrees 57 minutes 28 seconds East along said east line 1064,50 feet to a capped rebar found; thence South 88 degrees 57 minutes 12 seconds West parallel with the south line of said West Half 735.66 teet to a capped rebar found; thence South 00 degrees 57 minutes 2$ seconds East parallel with said east line 948.00 feet to the south line of the West Half of said Southwest Quarter; thence South $8 degrees 57 minutes 12 seconds West along said south line 600.76 feet to the POINT OF BEGINNING, containing 71.614 acres, more or less Now known as Secondary Plat of Ailpolnts Midwest Business Park Section 2 Lots 6 and 6-A recorded January 30 2015 as Instrument No. 201502224. PARCEL 3- FEE Part of the Southwest Quarter of Section 17 In Township 15 North, Range 2 East of the Second Principal Meridian, Washington Township, Hendricks County, Indiana described as follows: Commencing at the northwest corner of said Southwest Quarter; thence South 00 degrees 23 minutes 45 seconds East along the west line of said Southwest Quarter a distance of 109.42 feet to the Southeast corner of Lot 1 of”Ailpolnts Midwest Business Park Section Two-(!ncremental) Lot 1”, per plat thereof recorded as Instrument Number 200818455 and flied in Plat Cabinet 7, SlIde 58, pages 2 A-D, being the POINT OF BEGINNING; thence North 89 degrees 42 minutes 49 seconds East parallel with the North line of said Southwest Quarter a distance of 550.42 feet to the Northerly extension of the longest common line separating Lots 6 and 6-A of “Allpoints Midwest Business Park Section 2-Lots 6 and 6K’ recorded as Instrument Number 201502224 and filed in Plat Cabinet 8, Slide 35, pages 1 A-B in the Office of the Recorder of Hendricks County, Indiana; thence South 01 degrees 26 minutes 50 seconds East along said extension line a distance of 548.63 feet to the north line of said Lot 6-A; thence South $9 degrees 56 minutes 48 seconds West along the north line of said Lot 6-A and along the north line of said Lot 6 a distance of 537.20 feet to a northerly corner of Lot 6; thence South 88 degrees 23 mInutes 05 seconds West along a north line of said Lot 6 a distance of 23.30 feet to the West line of said Southwest quarter; thence North 00 degrees 23 minutes 45 seconds West along said West line a distance of 546.87 feet to the POINT OF BEGINNING. Containing 6.980 acres, more or less.
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EXHIBIT B
STATEMENT OF BENEFITS PERSONAL PROPERTY
J
FORM S-1 1 PP
Slate Form 51784 fF14111.15)
PRIVACY NOTICE
Prescribed by tIle Department ot Local Government Finance
7
My lntormatloy concurn(nI the colt 91 the property and spedflc saterles pelt to tnstvldusf employees by the property owner It cønttenUI per IC 8—1,1-12,1-51.
INS WUCTIONS i. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing It the designating body requires Information (‘torn the applicant In making Its decision about whether to designate en Economic Revitallzallan Area. Otherwise this statement must be submitted to the designating body BEFORE a person installs the new manufacturing equipment and/or research and development equipment, and/or logistical distribution equipment and/or Information technology equipment tot which the person wishes to claim a deduction 2. The statement of benefits form must be submitted to (he designating body and the area designated an economic revitalization area before the installation of qualifying abatable equipment (or tvhich the person desires to claim a deduction. 3. To obtain a deduction, a person must file a certified deduction schedule with the per-sort’s person& property return ott a certified deduction schedule (Form 703-ERA) with the towrtship assessor of 11w township whets the property is situated or with the county assessor if there Is no township assessor for the townshIp. The 703-ERA must be tiled between January 7 and May 15 of the assessment year In which new manufacturing equipment end/or research end development equipment end/or logistical distribution equipment end/or information technology equIpment Is Installed end fully functional, unless a filing extension has been obtained. A person who obtains a filing extension must file the form between January 7 and The extended due date of that year. 4. Property owners whose Statement oF Benefits was approved, must submit Form CF-i/PP annually to show compliance with the Statement of Benefits. (iC 6-1.1-72. 7-5.6) 5. For a Form SB-i/PP that is approved after June 30, 2013, the designating body is required to establish en abatement schedule fat each deduction altowxo For a Form SB-i/PP that Is approved prior to July 1, 2013, the abatement schedule approved by the designating body remains in effect. (IC 6-1. 7-12.1-1 ?
SEC ION i Name
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taxpayer
Kohl’s Department Stores
TAXPAYER INFORRIATION
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Noise ot cOntact person
Thomas Thugher iblephsne number
Addrexe xl taxpayer (number end Street, city slate, end ZIP code)
N56 W17000 RIJLewood Drive, Menornonee Falls, WI 53051 LOCATiON AND DESCRIPTION OFPROPOSED PRQ1EC’ SECtiON 2
Page 1 of 2
262 ) 703-1642
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We have reviewed our prior actions relating to the designation of this economic revltaltzotlon area and find that the apptlcant meets the general standards adopted In the resolution previously approved by thIs body. Said resotulion, passed under IC 6-1.1-12.12,5, provides for the following imitatIons as authorized under IC 6-1.1-12,1-2. calendar years (see below), The date this designation expires A. The designated area hs been limited to a petted of time not to exceed NOTE This question addresses whether the resolution contains an Cxpiration data forthe designated area. 5 B. The type of deduction that is allowed in the designated area is fmited to: I InstallatIon omnewmanutaclurtngequlpment: 2 Inslaflation of new research arid development equipment; 3 Installation of new logistical distribution equipment. 4 lnstaladon of new intormatton technology equipment:
C C
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C
Yes Y yes Yes
C C C Q
C. The amount of deduction applicable to new manulactunng equipment is limited to 5 (One or both lines maybe filled out to establish a limit, if desJred) S —
No N No No
C
EnharcedAbatementpetlCS-1.1-12.1-16 Check box if an enhanced abatement was approved for one or more of these types.
cost with an assessed value of
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0. The amount of deduction applicable to new research and development equipment is limited to $ (One or both lines maybe filled out Ia establish a limit, itdeslred.) S
cost with an assessed value of
,
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E. The amount of deduction applicable to new logIstIcal distribution equipment is tmited to S (One or both lines maybe filled out to establish a limit. if desired.) 5 F. The amount of deduction applIcable to new lnformatton technology equipment is limited to $ (One or both lines may be filled our to establish a limit, if desired.) $
cost with an assessed value of
cost with en assessed value of
0. Other imitatIons or conditions (specify)____________________________________________________________________________________ H. The deduction lot now manufacturing equipment an&or new research and development equIpment endior new logistical distribution equIpment andlor new information technology equipment Installed and first claimed eligible for deduction Is allowed lot.
C C
Year I YearS
C 0
C 0
Year 2 Year?
Year 3 Year S
0 C
0 C
Year 4 Year 9
Year 5 Year 10
ri Enhanced Abatement per IC 6-1.1-12.1-16 Number ol years approved’ (Enter one to twenty (1-20) years: may not exceed twenty (20) years)
I. Fare Statement of Benefits approved alter June 30, 2013. did this designating body adopt an abatement schedjie per IC 6-1.1-12.1-17? If yes, attach a copy of the abatement schedule to this term. lIne, the designating body Is requIred to establish an abatement schedule before the deduction can be determined.
C Yes
Q No
Also we have reviewed the Informslton contaIned in the statement of benefits and find that the estimates aria expectations are reasonable and have delermined that the totality of benefits Is sufficient to lustily the deductIon descrIbed above. Appreved by: (dUnalure and title of authorized member or daxignakn body)
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Tetaptione numbcr
( Printed nears t authorIzed meniber xi designating body
Name of dasignatina SoUl
Attested by: (srgnulure arid bIte xl uttcIsr)
Printed name at ettesrer
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Date signed (wench, day. year)
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if the desIgnating body limIts the time period during which an area is an economic revItalIzation area, that limitation does not Itmit tire length of Ume a taxpayer Is entibed to receive a deduction to a number otyears that is toss than the number of years designated under IC 6-1.1-12.1-17.
IC 6-1.1.12.1-IT
Abatament schedules Soc. 17. (a) A designating body may provide to a business that 5 established in or relocated to e revitalation area end that receives a deductIon under section 4 or 4.5 of Ihis chapter an abolenient schedule based on the following factors; (1) The total amount of the taxpayer’s lnvrstmenl In real and person property, (2)The number of new ftiti-lime equivalentJobs created. (3) The average wage of the new employees compared to the state mirdmwn wage. (4) The infraalmcture roqutroments for the taxpayers investment, (bI This subsection applies to a statement of benefits approved all er June 30, 2013. Adestgnattrrg body shall establish an abatement schedule (or each deduction slowed under thts chapter. An abatement schedule must specIfy the percentage amount of the deductIon for each year of the deduction. An abatement schedule may not exceed ten (10) years. (C) An abatement schedule approved for a particular taxpayer before July 1. 2013, remains in effect until the abalement schedule expires under the terms of tire resolution approving the taxpayer’s statement of benefits.
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