HomeMy WebLinkAbout2025-03-03 Resolution 2025-117_First Amendment to Amended and Restated Development Agreement, Waukee Towne Center LLC, Waukee Towne Center II LLCRESOLUTION NO. 2025-1 l 7
RESOLUTION APPROVING AND AUTHORIZING
EXECUTION OF A FIRST AMENDMENT TO THE 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, the City of Waukee, Iowa ("City"), Waukee Towne Center, LLC ("WTC I"),
and Waukee Towne Center II, LLC ("WTC2") (WTCI and WTC2 collectively the "Developer")
entered into an Amended and Restated Agreement for Private Development on September 18,
2023 ("Agreement"), pursuant to which, Developer agreed to construct certain Phase One
Improvements and Phase Two Improvements (collectively, the "Minimum Improvements") on
certain real property located within the Consolidated Urban Renewal Area and the Towne Center
Urban Renewal Area, which property was referred to in the Agreement as the "Development
Property"; and
WHEREAS, the City has received a proposal from the Developer, in the form of a proposed
First Amendment to the Amended and Restated Agreement for Private Development (the
"Amendment") by and among the City, WTCI, and WTC2 in order to, among other things; (i)
extend the completion date for the Phase One Improvements; (ii) adjust the annual Phase One
Economic Development Grant schedule to accommodate the delayed Phase One Improvements
completion date; (iii) move the completion of the amphitheater pad from the definition of the Phase
One Quality of Life Improvements to the definition of the Phase Two Quality of Life
Improvements; and (iv) revise the description of the Phase Two Improvements; 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 Consolidated Urban Renewal Area and the Towne Center 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 P day of March, 2025.
ATTEST:
44" eAiA��
City Clerk
RESULTS OF VOTE:
AYE
R. Charles Bottenberg
X
Chris Crone
X
Rob Grove
X
Anna Bergman Pierce
X
Ben Sinclair
X
Mayor Pro Tem
NAY ABSENT ABSTAIN