Economic Development Commission

CITY OF FISHERS AGENDA BOARD/COMMISSION: Economic Development Commission DATE: 10/22/2024 at 5:00 PM DIRECTIONS: Fishers Municipal Center, Nickel Plate Conference Room, 3rd Floor, 1 Municipal Drive, Fishers, IN 46038 In accordance with the Americans with Disabilities Act (ADA), the City of Fishers will, upon request, provide appropriate aid (i.e. interpreters) and/or assistance leading to effective participation for people with disabilities. Anyone who requires such assistance should email Kelly Lewark, Office Manager, no later than 48 hours before the scheduled event or call at (317) 595-3487. The public may stream the meeting online. Members of the public may submit comments online before 12pm on the day of the meeting. 1. Executive Session a. To conduct interviews and negotiations with industrial or commercial prospects or agents of industrial or commercial prospects under Indiana Code § 5-14-1.5-6.1(b)(4) 2. Call to Order 3. Confirmation of Quorum and Proper Notice of Meeting 4. Consent of Previous Meeting Minutes a. 8-9-24 5. Old Business 6. New Business a. CityView Restated Project Agreement Resolution Page 1 of 46 7. Adjournment Page 2 of 46  MEETING OF THE CITY OF FISHERS ECONOMIC DEVELOPMENT COMMISSION (EDC) August 29, 2024, Minutes EXECUTIVE SESSION – NONE REGULAR MEETING: The regular meeting of the Economic Development Commission was called to order at 4 :00 AM by Ms. Nieves. EDC Members Present: Jamie Nieves and Mandy Leverenz. Maggie Sadler was not present. Other Attendees: Megan Baumgartner, Lawrence Summers, Lisa Bradford, Kay Prange, Jennifer Messer, Larry Lannan, Rob McMurray. A quorum was confirmed. Proper public notice of the meeting was confirmed. Consent of Meeting Minutes from the 5-22-24 meeting was given. 1. New Business CityView Resolution EDC 01R082924 and CityView Project Agreement. Megan Baumgartner presented the Resolution and Project Agreement (amended) for the CityView project. CityView is now under Rebar as developers and there will be a new closing date. Ms. Nieves asked for a Motion to approve the Resolution and amendment. Ms. Leverenz made a Motion to approve, seconded by Ms. Nieves. The Motion was approved, 2-0. Old Business: None Being no other items before the Commission, Ms. Nieves adjourned the meeting at 4:10 PM. Page 1 of 1 Page 3 of 46 Page 4 of 46 Page 5 of 46 Page 6 of 46 Page 7 of 46 Page 8 of 46 Page 9 of 46 Page 10 of 46 Page 11 of 46 Page 12 of 46 Page 13 of 46 Page 14 of 46 Page 15 of 46 Page 16 of 46 Page 17 of 46 Page 18 of 46 Page 19 of 46 Page 20 of 46 Page 21 of 46 Page 22 of 46 Page 23 of 46 Page 24 of 46 Page 25 of 46 Page 26 of 46 Page 27 of 46 Page 28 of 46 Page 29 of 46 Page 30 of 46 Page 31 of 46 Page 32 of 46 Page 33 of 46 Page 34 of 46 Page 35 of 46 Page 36 of 46 Page 37 of 46 Page 38 of 46 Page 39 of 46 Page 40 of 46 Page 41 of 46 Page 42 of 46 Page 43 of 46 Page 44 of 46  RESOLUTION NO. R102224_ RESOLUTION APPROVING RESTATED PROJECT AGREEMENT (CITYVIEW) WHEREAS, on or about June 19, 2023, the City of Fishers, Hamilton County, Indiana (“City”) approved a certain Project Agreement providing for the development and construction of a mixed-use development consisting of age restricted, active adult residential units and commercial/retail amenities in the City’s Nickel Plate District (the “Original Agreement”); WHEREAS, since approving the Original Agreement, the Common Council approved a revised versions of the Original Agreement that extended the Outside Closing Date and corrected the amount of Additional Bond Proceeds available to the Company (the “1st Revised Agreement”); WHEREAS, since the Common Council approved the 1st Revised Agreement, the Company has requested an additional extension of the Outside Closing Date, and the City and Company desires to revise the 1st Revised Agreement to state that (a) the City will reimburse the Company for infrastructure work that was, pursuant to the Original Agreement and 1st Revised Agreement, the City’s responsibility, (b) extend the Outside Closing Date, (c) clarify the payment of Closing Costs, and (d) include information concerning a memorandum of the Power of Termination, all as set forth in the Restated Project Agreement attached hereto and incorporated herein as Exhibit A (the “Agreement”); WHEREAS, other terms of the Original and 1st Revised Agreement remain unchanged; WHEREAS, capitalized terms used but not defined herein are used with the meaning included in the Agreement; WHEREAS, upon execution by the parties, the Agreement shall supersede and replace in full the Original Agreement and 1st Revised Agreement; NOW, THEREFORE, BE IT RESOLVED by the City of Fishers Economic Development Commission meeting in regular session as follows: Section 1. The Agreement is hereby approved. Section 2. The President and Secretary of the EDC are authorized to execute the Agreement and any other documents necessary to affect the intent of the Project Agreement. Section 3. This Resolution shall be in full force and effect upon passage. ALL OF WHICH IS RESOLVED by the City of Fishers Economic Development Commission, Hamilton County, Indiana this _____ day of October, 2024 Page 45 of 46  ECONOMIC DEVELOPMENT COMMISSION OF THE CITY OF FISHERS, HAMILTON COUNTY, INDIANA YAY NAY Jamie Nieves Mandy Leverenz Maggie Sadler This instrument prepared by: Lindsey Bennett, City Attorney, City of Fishers, Hamilton County, Indiana, One Municipal Drive, Fishers, Indiana, 46038. Page 46 of 46