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HomeMy WebLinkAbout2025-01-06 G04 Fifth Amendment - Quarter at Waukee Development Agreement_PHAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: January 6, 2025 AGENDA ITEM:Public Hearing On a proposal to enter into a Fifth 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 proposed Fifth Amendment to the Private Development Agreement and Minimum Assessment Agreement with The Quarter, LLC includes adding real estate to the development property, updating property descriptions, revising minimum actual values, and adjusting the economic development grant schedules. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: This Amendment and Minimum Assessment Agreement reflects an increased investment in minimum improvements, raising the commitment from $89 million to $116 million. While the TIF rebate percentage remains unchanged, the total rebate amount will rise because of the updated minimum assessed values. Additionally, the maximum economic development grants have been adjusted to align with the new investment. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Hold a Public Hearing. ATTACHMENTS: I. Proposed Fifth Amendment to the Agreement for Private Development `and Minimum Assessment Agreement with The Quarter at Waukee, LLC II. Public Hearing Notice PREPARED BY:Jennifer Brown, Economic Development Director REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: Dallas County News DATE OF PUBLICATION: December 26, 2024 G4 (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 FIFTH 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 January 6, 2025, 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 Fifth Amendment (the "Fifth 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 four times. The City and Developer desire to make additional changes to the terms of the Agreement, pursuant to the proposed Fifth Amendment to the Agreement to (a) add real estate to the Development Property; (b) adjust the legal descriptions due to re-platting; (c) adjust the description of the Minimum Improvements being constructed; (d) and update Minimum Actual Value schedules and Economic Development Grant schedules for certain Buildings being constructed as part of the Project. As a result of the adjustments being made in this Fifth Amendment, the maximum, aggregate, amount of Economic Development Grants for all Buildings shall not exceed $40,970,284. 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 Fifth 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 Fifth 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 Fifth 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 16th day of December, 2024. Rebecca D. Schuett City Clerk, City of Waukee in the State of Iowa (End of Notice)