HomeMy WebLinkAbout2025-03-17 Resolution 2025-139_First Amendment to Development Agreement, JACE Properties LLC, Access Systems IncRESOLUTION NO.2025-139
RESOLUTION APPROVING AND AUTHORIZING
EXECUTION OF A FIRST AMENDMENT TO THE
AGREEMENT FOR PRIVATE DEVELOPMENT BY AND
AMONG THE CITY OF WAUKEE, JACE PROPERTIES, L.L.C.
AND ACCESS TECHNOLOGIES, INC. D/B/A ACCESS
SYSTEMS, INC.
WHEREAS, the City of Waukee, Iowa ("City"), JACE Properties, L.L.C. ("Developer"),
and Access Technologies, Inc. d/b/a Access Systems, Inc. ("Employer")) entered into an
Agreement for Private Development on May 16, 2022 ("Agreement"), pursuant to which,
Developer agreed to construct certain Minimum Improvements consisting of a Class A office
expansion ("Minimum Improvements") on certain real property located within the Waukee
Consolidated Urban Renewal Area, which property was referred to in the Agreement as the
"Development Property"; and
WHEREAS, the Employer agreed to occupy and operate its business in the Minimum
Improvements, including employing a minimum number of employees in those operations; and
WHEREAS, the City has received a proposal from the Developer and Employer, in the
form of a proposed First Amendment to the Agreement for Private Development (the
"Amendment") by and among the City, Developer, and Employer in order to modify the
employment obligations in the Agreement to accurately reflect the Employer's current and
projected employment levels in its operations in the City; and
WHEREAS, the Amendment does not alter the incentives previously described in the
Amendment; 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 Amendment 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 Amendment 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, as
amended, 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, as amended,
be and is hereby declared to be a public undertaking and purpose and in furtherance of the Plans
for the Urban Renewal Area, and further, that the Agreement, as amended, 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 Amendment, 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 Amendment 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 Amendment, 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 Amendment as executed and the
Agreement as amended.
PASSED AND APPROVED this 171h day of March, 2025.
Mayor
ATTEST:
City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
R. Charles Bottenberg X
Chris Crone X
Rob Grove X
Anna Bergman Pierce X
Ben Sinclair X