HomeMy WebLinkAbout2023-09-18 Resolution 2023-402_Amended and Restated Development Agreement, Waukee Towne Center LLC, Waukee Towne Center II LLCRESOLUTION NO. 2023-402
RESOLUTION APPROVING AND AUTHORIZING
EXECUTION OF AN AMENDED AND RESTATED
AGREEMENT FOR PRIVATE DEVELOPMENT BY AND
AMONG THE CITY OF WAUKEE, WAUKEE TOWNE
CENTER, LLC, AND WAUKEE TOWNE CENTER II, LLC
WHEREAS, by Resolution No. 19-402, adopted November 4, 2019, this Council found
and determined that certain areas located within the City are eligible and should be designated as
an urban renewal area under Iowa law, and approved and adopted the Waukee Consolidated Urban
Renewal Plan for the Waukee Consolidated Urban Renewal Area (the "Consolidated Urban
Renewal Area") described therein, which Waukee Consolidated Urban Renewal Plan, as
subsequently amended, is on file in the office of the Recorder of Dallas County; and
WHEREAS, by Resolution No. 2022-476, adopted November 21, 2022, this Council found
and determined that certain areas located within the City are eligible and should be designated as
an urban renewal area under Iowa law, and approved and adopted the Towne Center Commercial
Urban Renewal Plan for the Towne Center Commercial Urban Renewal Area (the "Towne Center
Urban Renewal Area") described therein, which Towne Center Commercial Urban Renewal Plan
will be filed in the office of the Recorder of Dallas County; and
WHEREAS, it is desirable that properties within the Consolidated Urban Renewal Area
and within the Towne Center Urban Renewal Area be redeveloped as part of the overall
redevelopment area covered, respectively, by the Waukee Consolidated Urban Renewal Plan and
the Towne Center Commercial Urban Renewal Plan; and
WHEREAS, the City of Waukee, Iowa ("City") and Waukee Towne Center, LLC
("WTCI ") entered into an Agreement for Private Development on December 5, 2022 ("Prior
Agreement"), pursuant to which the Developer was to build certain Minimum Improvements on
certain real property located within the Consolidated Urban Renewal Area and the Towne Center
Urban Renewal Area as defined and legally described in the Agreement (the "Development
Property"); and
WHEREAS, the City has received a proposal from the WTC I and Waukee Towne Center
II, LLC ("WTC2") (collectively the "Developer"), in the form of a proposed Amended and
Restated Agreement for Private Development (the "A(-Ireement") by and among the City, WTC 1,
and WTC2 in order to add WTC2 as a party; and
WHEREAS, the Agreement does not alter the description of the Minium Improvements or
incentives previously described in the Prior Agreement; and
WHEREAS, Chapters 15A and 403, Code of Iowa, authorize cities to make grants for
economic development in furtherance of the objectives of an urban renewal project and to
appropriate such funds and make such expenditures as may be necessary to carry out the purposes
of said Chapters, and to levy taxes and assessments for such purposes; and
WHEREAS, the Council has determined that the Agreement is in the best interests of the
City and the residents thereof and that the performance by the City of its obligations thereunder is
a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and,
further, that the Agreement and the City's performance thereunder is in furtherance of appropriate
economic development activities and objectives of the City within the meaning of Chapters 15A
and 403, Code of Iowa, taking into account any or all of the factors set forth in Chapter 15A, Code
of Iowa.
NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
WAUKEE IN THE STATE OF IOWA:
Section 1. That the performance by the City of its obligations under the Agreement,
including but not limited to making of grants to the Developer in connection with the development
of the Development Property under the terms set forth in the Agreement, be and is hereby declared
to be a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law
and, further, that the Agreement and the City's performance thereunder is in furtherance of
appropriate economic development activities and objectives of the City within the meaning of
Chapters 15A and 403, Code of Iowa, taking into account the factors set forth therein.
Section 2. That the form and content of the Agreement, the provisions of which are
incorporated herein by reference, be and the same hereby are in all respects authorized, approved
and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, empowered
and directed to execute, attest, seal and deliver the Agreement for and on behalf of the City in
substantially the form and content now before this meeting, but with such changes, modifications,
additions or deletions therein as shall be approved by such officers, and that from and after the
execution and delivery of the Agreement, the Mayor and the City Clerk are hereby authorized,
empowered and directed to do all such acts and things and to execute all such documents as may
be necessary to carry out and comply with the provisions of the Agreement as executed.
PASSED AND APPROVED this 181h day of September, 2023.
- �1�
Mayor
ATTEST:
f,�W� (6 bQ��
-
City Clerk
RESULTS OF VOTE:
AYE
Anna Bergman Pierce
X
R. Charles Bottenberg
X
Chris Crone
X
Larry R. Lyon
Ben Sinclair
X
NAY ABSENT
M
ABSTAIN