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2012-882 Resolution No. 2012 - 882 A Resolution Approving a TIF District 35 Development, Land Sale, and Loan Agreement With SHINE MEDICAL TECHNOLOGIES, INC. WHEREAS, the Common Council of the City of Janesville shall create Tax Incremental Finance District No. 35 in accord with Wisconsin's Tax Increment Financing Laws, Wis. Stats. Sec. 66.1105 and other applicable statutes, as from time to time amended or renumbered, in order to stimulate the development and redevelopment of industrially zoned properties; retain and increase employment; construct, renovate and expand industrial facilities; and otherwise provide for the overall economic health, welfare, vitality, and good of the community; and WHEREAS, the Project Plan for Janesville TIF District No. 35 includes industrial and manufacturing development and redevelopment, improvements, facility construction, expansion, and renovation, job retention and creation, and related financing, incentives, payments, loans, and actions that effectuate and /or facilitate these legitimate and pressing public purposes and goals; and WHEREAS, Shine Medical Technologies, Inc. (SHINE ") is a Wisconsin domestic corporation currently conducting its principal business at 2555 Industrial Drive., City of Monona, County of Dane, State of Wisconsin 53713, and shall be the OWNER and DEVELOPER of a manufacturing center ( "FACILITY ") to be constructed by SHINE upon an approximately Eighty Four (84) acre parcel of real property to be located at 4021 U.S. Highway 51 S., City of Janesville, County of Rock, State of Wisconsin 53546 ( "PROPERTY "); and WHEREAS, SHINE shall conduct its principal business at the FACILITY upon the PROPERTY; and the City shall attach and incorporate the entire site into its municipal corporate boundaries and jurisdiction, amend the boundaries of an existing Tax Incremental Financial District (T.I.F. District No. 35) to include the PROPERTY, amend the TIF District No. 35 Project Plan if necessary, and then eventually sell and convey the PROPERTY to SHINE for the construction and operation of the FACILITY, assessed value addition, new job creation and maintenance, and related economic and industrial development purposes as set forth in a certain executed and binding T.I.F. DEVELOPMENT AGREEMENT FOR NEW INDUSTRIAL BUILDING CONSTRUCTION LOCATED PRIMARILY IN JANESVILLE PROPOSED T.I.F. DISTRICT NO. 35 FOR DEVELOPMENT PURPOSES BY AND BETWEEN THE CITY OF JANESVILLE ( "THE CITY ") AND SHINE MEDICAL TECHNOLOGIES, INC. ( "SHINE ") (the "AGREEMENT "), the terms, provisions, and promises of which AGREEMENT are reiterated and incorporated herein by reference as if fully set forth verbatim; and WHEREAS, SHINE intends, promises to, and shall construct and operate an approximately Thirty Five Thousand square foot (35,000 sq. ft.) high technology manufacturing and production FACILITY upon this PROPERTY, which PROPERTY and FACILITY at all times during this AGREEMENT shall have a combined real and personal property tax assessed value in an amount of not less than Twenty Five Million and 00/100 Dollars ($25,000,000); and create and maintain the new full -time employment equivalent positions of employment at the FACILITY in the manner, time, kind, and number set forth in, and during the entire term of, the AGREEMENT; and WHEREAS, there are currently sufficient positive fund balances in the TIF District No. 35 improvement and overall project accounts, and these expenditures fall within the allowable time and scope for said Development Agreement and expenditures; and WHEREAS, the Common Council hereby find that the City Administration has negotiated the AGREEMENT with SHINE upon terms, conditions, promises, obligations, provisions, and purposes, consistent with the best interest of and benefit to the City, all applicable laws, and Common Council industrial and economic development policies, goals, objectives, and directives. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Janesville that: 1. Each and every of the above recitals are reiterated and incorporated herein by reference as if fully set forth verbatim; and 2. The above described AGREEMENT and proposed City land transactions, incentives, loans, guarantees, purposes, industrial development, and promises are each hereby authorized, ratified, and approved; and 3. All expenditures, terms, conditions, promises, obligations, and provisions set forth in the AGREEMENT are hereby found to be in the best interest of, and for the benefit of, the CITY, its residents, businesses, and taxpayers; and 4. The City Manager and /or his designee(s) is /are hereby authorized to execute, enter into, and effectuate the terms, provisions, and promises set forth in the AGREEMENT on behalf of the City of Janesville; and BE IT FURTHER RESOLVED, that the City Manager and /or his designee(s), on behalf of the City of Janesville, is /are hereby authorized to further administratively negotiate, draft, execute, review, enter in, modify, amend, record, file, and otherwise effectuate the above described AGREEMENT and to take, make, and /or enter into any and all actions, and related amendments, agreements, promissory notes, contracts, documents, papers, obligations, and promises that the City Manager and /or his designee(s) may, from time to time and at any time, determine necessary and /or desirable to effectuate the AGREEMENT and /or the intent and purposes of this Resolution. ADOPTED: February 13, 2012 Motion by: Dongarra -Adams Second by: Steeber APPRO D: / _ 7 Councilmember Aye Nay Pass Absent i Dongarra -Adams X /�� /� Liebert X Er J. Le ' 'it Manager McDonald X Rashkin X ATTE . : Steeber X dir 1 Voskuil X Je- - Ann Wulf, City APPROVED AS TO FORM: 1 4..�: - Wald Klimcz it Attorne - Y , Y Attorney __ . _ Proposed by Economic Development Director _ Prepared by: City Attorney - -