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HomeMy WebLinkAbout2023-07-10 H02 Third Amendment to The Quarter at Waukee DA_PH AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: July 10, 2023 AGENDA ITEM: Public hearing on the proposal to enter into a Third Amendment to the Agreement for Private Development and Minimum Assessment Agreement with The Quarter at Waukee, LLC FORMAT: Public Hearing SYNOPSIS INCLUDING PRO & CON: The Third Amendment to the Agreement for Private Development and Minimum Assessment Agreement with The Quarter at Waukee, LLC proposes to adjust the descriptions, Minimum Actual Value schedules, and Economic Development Grant schedules for Building F1 and Building F2 being constructed as part of the project. The Minimum Assessed value of the overall project remains mostly unchanged. There will not be significant changes to the TIF rebate. REFERENCE: The City entered into a development agreement with Midtown Waukee Holdings, LLC in November 2019 related to a development project proposed to be constructed at the intersection of Grand Prairie Parkway and SE Ashworth Road followed by an amendment in August 2020 which included an assignment of the agreement to The Quarter at Waukee, LLC and Waukee Prairie Apartments, LLC. On December 19, 2022, the City entered into a new Agreement with The Quarter at Waukee, LLC. The new agreement replaced the Second Amended and Restated Agreement and the Prior Minimum Assessment Agreement and included an updated Minimum Assessment Agreement. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Hold the Public Hearing. ATTACHMENTS: I. Proposed Amendment PREPARED BY: Jennifer Brown, Director of Economic Development REVIEWED BY: PUBLIC NOTICE INFORMATION – H2 NAME OF PUBLICATION: Dallas County News DATE OF PUBLICATION: (One publication required) NOTICE OF PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF WAUKEE IN THE STATE OF IOWA, ON THE MATTER OF THE PROPOSAL TO ENTER INTO A THIRD AMENDMENT TO THE AGREEMENT FOR PRIVATE DEVELOPMENT AND MINIMUM ASSESSMENT AGREEMENT WITH THE QUARTER AT WAUKEE, L.L.C., AND THE HEARING THEREON PUBLIC NOTICE is hereby given that the Council of the City of Waukee in the State of Iowa, will hold a public hearing on July 10, 2023, at 5:30 P.M. in the Council Chambers, City Hall, 230 West Hickman Road, Waukee, Iowa, at which meeting the Council proposes to take action on the proposal to enter into a Third Amendment (the "Third Amendment") to the Agreement for Private Development and Minimum Assessment Agreement with The Quarter at Waukee, L.L.C. ("Developer"). The City and Developer previously entered into the Agreement for Private Development and the Minimum Assessment Agreement, both dated as of December 19, 2022 (together, the “Agreement”). Pursuant to the Agreement, the Developer agreed to construct certain "Minimum Improvements" in The Quarter Commercial Urban Renewal Area, the parties agreed to set certain Minimum Actual Values for the assessment of the Minimum Improvements, and the City agreed to provide certain "Economic Development Grant" incentives to the Developer. The Agreement has previously been amended twice. The City and Developer desire to make additional changes to the terms of the Agreement, pursuant to the proposed Third Amendment to the Agreement to adjust the descriptions, Minimum Actual Value schedules, and Economic Development Grant schedules for Building F1 and Building F2 being constructed as part of the Minimum Improvements. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the proposal to enter into the Third Amendment with the Developer. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action on the proposal or will abandon the proposal to authorize said Third Amendment. All persons wishing to observe or participate in the meeting and/or public hearing may do so by accessing the meeting as directed above, and may also submit comments to the City prior to the meeting. At the above meeting, the Council shall receive oral or written objections, from any resident or property owner of said City, to the Third Amendment. This notice is given by order of the City Council of the City of Waukee in the State of Iowa, as provided by Section 364.6 of the City Code of Iowa. Dated this 19th day of June, 2023. Rebecca D. Schuett City Clerk, City of Waukee in the State of Iowa (End of Notice)