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2013-1061 RESOLUTION NO. 2013 -1061 A Resolution Approving Amendment No. 1 to the TIF District 35 Development, Land Sale, and Loan Agreement With SHINE MEDICAL TECHNOLOGIES, INC. WHEREAS, the Common Council of the City of Janesville created 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 included 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, entered into a certain TIF Development Agreement for new industrial building construction located primarily in Janesville proposed TIF District No. 35 for development purposes by and between City of Janesville ( "The CITY ") and Shine Medical Technologies, Inc., dated the 26'" day of March, 2012 ( "AGREEMENT "), 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 53545 ( "PROPERTY "); and WHEREAS, the parties now wish to add to the project the CITY's acquisition of two parcels of real property totaling approximately 7.79 acres of real property immediately to the south and adjacent to the 84 acre CITY PROPERTY on behalf of SHINE, which two parcels SHINE has optioned for the amounts and in the manner set forth in a certain Amendment No. 1 to the Agreement ( "Amendment No. 1"), which is reiterated and incorporated by reference herein as if fully set forth verbatim; and WHEREAS, the CITY and SHINE mutually desire to amend the AGREEMENT to include the two parcels into the overall SHINE TIF Development Project; and WHEREAS, the Common Council hereby find that the City Administration has negotiated Amendment No. 1 with SHINE upon the 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; and WHEREAS, this amendment is permitted by law. 1 NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Janesville that: 1. Each of the above recitals is reiterated and incorporated herein by reference as if fully set forth verbatim. 2. The above described Amendment No. 1 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; and 5. Funding is projected to be from future borrowing. No funds from sources other than Promissory Notes or Bonds are, or are expected to be, reserved, allocated on a long- term basis, or otherwise set aside by the CITY for the project, except as permitted by the Internal Revenue Code of 1986, as amended. This declaration of official intent is consistent with the budgetary and financial circumstances of the CITY. The purpose of this Resolution is to satisfy the "official intent requirement" of Treasury Regulation Section 1.150 -2 as amended or renumbered. BE IT FURTHER RESOLVED, THAT THE City Manager, and /or his designee(s), on behalf of the CITY, 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 amendment, 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: December 9, 2013 Motion by: Kealy Second by: Liebert APPROVED: . Councilmember Aye Nay Pass Absent Farrell X Mark A. Freitag, ity Manager Fitzgerald X Kealy X ATTE T: / Liebert X „e, Marklein X Je Ann Wulf, City Clerk- Treasurer Severson X Voskuil X APPROVED AS TO FORM: Wald Klimc k, City Attorney Proposed by: City Administration Prepared by: City Attorney J:Wttorney \Word \Shared \SHINE Amendment 1 Resolution Authorization.doc 2