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HomeMy WebLinkAboutResolution - 99-120 - Tax Abatement for ADC Telecommunications, Inc. - 07/20/1999 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA RESOLUTION NO. 99-120 TAX ABATEMENT FOR ADC TELECOMMUNICATIONS,INC. BE IT RESOLVED,that the Council of the City of Eden Prairie adopts the following: WHEREAS, ADC Telecommunications,Inc. ("ADC") has proposed to develop a World Corporate Headquarters and Technology Campus ("Corporate Headquarters") in three phases consisting of 430,000 square feet of building in Phase I, 150,000 square feet of building in Phase H, and 600,000 square feet of building in Phase III on 91.03 acres ("development") situated in the City described in Exhibit A attached hereto and made a part hereof (the "Property"), and which development is more fully described in a Developers Agreement between ADC and City entered into as of July 20, 1999 ("Developers Agreement"). WHEREAS, ADC has requested as a condition to its proposed development that City grant an abatement of taxes imposed by City upon the Property pursuant to Minn. Stat. § 469.1812-469.1815, ("Tax Abatement") and WHEREAS, City has given notice and held a public hearing on July 20, 1999, at which the Council considered the granting of a Tax Abatement such public notice of the hearing having been published in the Eden Prairie News at least once more than 10 days but less than 30 days before July 20, 1999, and WHEREAS, City and ADC contemplate entering into a tax abatement agreement relating to the Tax Abatement("Tax Abatement Agreement"). NOW THEREFORE, The Council of the City of Eden Prairie makes the following Findings and Statement as to the nature and extent of the public benefits which the Council expects to result from the Tax Abatement Agreement and specifies the terms of the Tax Abatement, and approves the Tax Abatement Agreement. A. FINDINGS AND STATEMENT AS TO THE NATURE AND EXTENT OF THE PUBLIC BENEFITS EXPECTED TO RESULT FROM THE TAX ABATEMENT AGREEMENT. 1. In consideration of, and as an inducement to ADC to build and occupy for its business operations all or a portion of its World Headquarters and as a condition to ADC's assuming obligations pursuant to the Developers Agreement, ADC requires the grant to it of the Tax Abatement in accordance with the terms and conditions set forth herein. In consideration of the grant of the Tax Abatement, ADC has or will execute the Developers Agreement and will undertake, among other things, to build and construct the Road Improvements and trails and 1 dedicate or convey land or easements, all for the public use and benefit more fully described in the Developers Agreement. All of the public uses and benefits will not be provided to City and public by ADC unless the Tax Abatement is granted to it. 2. The benefits to the City of the proposed Tax Abatement Agreement are expected to at least equal the costs to the City of the proposed Tax Abatement because the cost of constructing the Road Improvements and trails and the conveyance or dedication of land to the City by ADC will cost or are of a value in the aggregate of more than the Maximum Amount of the Tax Abatement described herein 3. Granting the Tax Abatement is in the public interest because: a. Construction of a minimum of Phase I of ADC's Corporate Headquarters required as a condition to payment of any tax abatement will result in an increase in the City's tax base measured by the increase in the estimated market value of the Property in the range of $56,000,000.00 (Fifty-six Million Dollars and 00/00) to $85,000,000.00. (Eighty-five Million Dollars and 00/00). Since payment of any tax abatement to ADC is conditioned upon the receipt of additional property taxes resulting from improvements upon the Property, the tax base will necessarily increase prior to the City's obligation to make the payments. b. ADC does not, as of the date of this Agreement, have a place of employment in the City. Payment of tax abatements to ADC is conditioned upon construction of Phase I of ADC's Corporate Headquarters. Upon completion of construction and occupancy of Phase I, ADC will employ many people at the Property, thus providing employment opportunities in the City. C. As a condition to the receipt of Tax Abatement payments, ADC must build and construct the Road Improvements and trails and dedicate or convey land or easements to the City for the public uses and benefits as described in the Developers Agreement. The construction of those improvements and the dedication or conveyance of land or interests therein for public uses and benefits will result in providing additional public facilities and infrastructure for the City. B. GRANT OF TAX ABATEMENT AND SPECIFICATION OF TERMS. THERE IS HEREBY GRANTED,to ADC, an abatement of the taxes to be imposed by the City on the Property as hereinafter provided and upon the following terms and conditions. 1. Maximum Amount. The aggregate maximum amount of the Tax Abatement for the entire Tax Abatement Duration Period is $1,400,000, ("Maximum Amount"), provided however, if the cost of the Road Improvements described in section B. 5.b hereof is less than two million dollars ($2,000,000), then the Maximum 2 Amount shall be seventy percent (70%) of the cost of the Road Improvements. The cost of the Road Improvements shall not include the cost or value of any land or interest therein conveyed or dedicated by ADC or other person for the right-of- way for the Road Improvements. 2. Tag Abatement Is Limited to the Net Amount of Property Taxes Received by City Resulting from Improvements upon the Property. The Tax Abatement to be paid by City to ADC in any year shall be limited to the net amount of property taxes received by City ("Net Amount of Property Taxes"). The Net Amount of Property Taxes shall be the actual amount of property taxes received by City in a year attributable to an increase or increases in the property taxes as a result of improvements to the Property after July 20, 1999, after all reductions and deductions from the taxes paid by ADC for that year pursuant to Minn. Stat. Chapters 276 A or 473 F or otherwise as required by law,prior to or at the time a tax payment is received by City from Hennepin County. 3. Limitations. The following limitations apply: a. In any year the total amount of all property taxes abated by City shall not exceed five percent of the current levy of the City or $100,000 whichever is greater. b. No tax attributable to the area-wide tax under Minn. Stat. Chapter 276 A or 473 F shall be abated by City, except as provided in Minn. Stat. § 469.1813 subd. 2. C. No Tax Abatement shall exceed the Maximum Annual Amount. The Maximum Annual Amount equals the total City tax rate multiplied by the total net tax capacity of the Property. 4. Commencement of Property Tax Abatement and Duration. The period during which Tax Abatement payments to ADC relating to the Property may be made, shall commence with respect to the property taxes payable in the Year 2002 and shall terminate (if not sooner terminated upon payment of the Maximum Amount of Tax Abatements as provided in Paragraph B. Lhereof) with respect to the taxes payable in the Year 2011 so that in any event the Tax Abatement payments shall extend for a period no longer than 10 years ("Tax Abatement Duration Period'). 5. Tax Abatement Payments Conditioned upon Completion of Improvements and Conveyance or Dedication of Land or Interests. No payment of taxes abated for any year shall be made within the Tax Abatement Duration Period unless or until ADC shall have completed the following: a. Construction of Phase I of its Corporate Headquarters on the Property as described in the Developers Agreement and an occupancy permit has been issued for that building. 3 b. Construction by ADC of the Road Improvements in accordance with the plans to be approved by the City Engineer pursuant to the Developers Agreement. C. Construction of the trails in accordance with the plans to be approved by the Director of Parks, Recreation, and Natural Resources pursuant to, and at the times specified in the Developers Agreement. d. Conveyance or dedication to City of the land or property interests described in and pursuant to the Developers Agreement. ADC's failure to complete performance of any one of the foregoing conditions shall Felieve City of its obligation to make the Tax Abatement payments to ADC for the year or years a condition has not been fulfilled and the amount or amounts of Tax Abatement payments shall be deferred (without any accrual of interest on the deferred amount) by the City relating to such year or years until such condition has been satisfied by ADC or waived by the City, however, in no event shall such deferral extend beyond December 31, 2005, and if any such condition has not been satisfied by ADC or waived by the City by such date, then the amount which was deferred shall be forfeited by ADC. 6. Payment of Tax Abatements. The total property taxes shall be levied on the Property and shall be due and payable by ADC at the times provided by law. The City will pay to ADC the Net Amount of Property Taxes to which ADC is entitled no later than 45 days after the Net Amount of Property Taxes has been received by City from Hennepin County. Each payment, to which ADC may be entitled, shall be made only if: a. The time to initiate any administrative or judicial review or appeal relating to the property taxes,with respect to which the payment is to be made,has passed. b. No administrative or judicial review or appeal relating to the property taxes,with respect to which the payment is to be made,is pending. C. Any Decision, Order or Judgment relating to such an administrative or judicial review or appeal is final. d. No such final Decision, Order or Judgment has or will result in a reduction or refund of part or all of the Net Amount of Property Taxes, with respect to which, such payment is to be made. In any event,if for any reason,the Amount of Property Taxes received by City for any year is, after receipt by City, reduced, abated or set aside so as to require a repayment by City or a debit or setoff against City's future receipt of property taxes, ADC shall within 90 days after the effective date of such payment, debit or setoff reimburse such amount to City. 4 7. Not in Contravention of Law. It is intended that nothing contained herein be in contravention of law. In the event that any provision hereof conflicts with Minn. Stat. § 469.1812, 469.1815, the latter shall prevail. This Resolution shall be interpreted and given effect as if the terms or prohibitions of such section or sections have been included herein. C. WAGE LEVEL AND JOB CREATION GOALS AND REQUIREMENTS. Wage level and job creation goals are hereby established and are required to be met by ADC as follows: Wage and Job Requirements. ADC anticipates that it will employ approximately eight hundred and fifty (850) people as employees at the Property within two (2) years after the date of the Tax Abatement Agreement. Of that number of employees, approximately one hundred (100) will be new full time positions, at an average hourly wage of at least ten dollars ($10.00), created in the state of Minnesota, since the date of the Tax Abatement Agreement. If ADC fails to create such number of new positions or pay such wage rate within two (2)years after the date of the Tax Abatement Agreement, then ADC shall pay to the City all Tax Abatement payments that ADC received from the City under the Tax Abatement Agreement and ADC shall forfeit the right to all future Tax Abatement payments under the Tax Abatement Agreement. D. TAX ABATEMENT AGREEMENT. The Tax Abatement Agreement between ADC and the City in the form of Exhibit B attached hereto and made a part hereof is approved and authorized. E.LIMITATION ON CITY'S LIABILITY It is understood and agreed by ADC that nothing in this Resolution authorizing the Tax Abatement Agreement or any covenant,provision or agreement of the City herein or in any other document executed by the City in connection with the granting of the Tax Abatement, or any obligation imposed upon the City or breach thereof, shall give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers or shall obligate the City financially in any way except with respect to the application of taxes to be abated pursuant to the Tax Abatement Agreement. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges except to the extent that the same can be paid or recovered from the taxes abated. No execution on any claim, demand, cause of action or judgement shall be levied upon or collected from the general credit, general funds or taxing powers of the City. In adopting this Resolution and executing the Tax Abatement Agreement, the City has not, and will not, obligated itself except with respect to the abatement of taxes as provided. The obligations arising from this Resolution or the Tax Abatement Agreement do not now and shall never constitute an indebtedness or a loan of the credit of the City or the City's general taxing powers within the meaning of any constitutional or statutory provision whatsoever. It is further 5 understood that the City shall not be liable for any expenses related hereto. ADOPTED by the City Council of Eden Prairie, is 20th day of July 1999. Jean L.Harris,Mayor ATTEST: SEAL f ' K thleen A. Porta, City Clerk 6