HomeMy WebLinkAbout2025-06-16 Resolution 2025-240_Second Amendment to Development Agreement, Stivers Iowa Real Estate LLC, Ed Stivers Ford IncRESOLUTION NO. 2025-240
RESOLUTION APPROVING AND AUTHORIZING
EXECUTION OF A SECOND AMENDMENT TO THE
AGREEMENT FOR PRIVATE DEVELOPMENT BY AND
AMONG THE CITY OF WAUKEE, STIVERS IOWA REAL
ESTATE, L.L.C., AND ED STIVERS FORD, INC.
WHEREAS, the City of Waukee, Iowa ("City"), Stivers Iowa Real Estate, L.L.C. (the
"Developer"), and Ed Stivers Ford, Inc. (the "Employer") previously entered into an Agreement
for Private Development dated August 21, 2023 ("Agreement"), pursuant to which, among other
things, the Developer agreed to construct certain Minimum Improvements (as defined in the
Agreement); the Employer agreed to occupy and operate its business on the Development Property
(as defined in the Agreement); and the City agreed to provide certain incentives in exchange for
Developer's and Employer's obligations, under the terms and conditions of the Agreement; and
WHEREAS, the parties previously entered into a First Amendment to the Agreement for
Private Development on August 5, 2024 ("First Amendment") to modify the description of the
Minimum Improvements to accommodate changes to the Ford EV program requirement; and
WHEREAS, the City, Developer, and Employer desire to amend the Agreement pursuant
to a proposed Second Amendment to the Agreement (the "Second Amendment") to modify the
completion date for the Charger Obligations; 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 Second 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 Urban Renewal Law and,
further, that the Agreement, as amended by the Second 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, to wit:
a. Businesses that add diversity to or generate new opportunities for the Iowa
economy should be favored over those that do not.
b. Development policies in the dispensing of the funds should attract, retain, or expand
businesses that produce exports or import substitutes, or which generate tourism -
related activities.
c. Development policies in the dispensing or use of the funds should be targeted
toward businesses that generate public gains and benefits, which gains and benefits
are warranted in comparison to the amount of the funds dispensed.
d. Development policies in dispensing the funds should not be used to attract a
business presently located within the state to relocate to another portion of the state
unless the business is considering in good faith to relocate outside the state or unless
the relocation is related to an expansion which will generate significant new job
creation. Jobs created as a result of other jobs in similar Iowa businesses being
displaced shall not be considered direct jobs for the purpose of dispensing funds.
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 Second
Amendment and the Agreement, as amended, be and is hereby declared to be a public undertaking
and purpose and in furtherance of the Urban Renewal Law and, further, that the Agreement, as
amended by the Second 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 the factors set forth therein.
Section 2. That the form and content of the Second 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 Second 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 Second 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
Agreement, as amended, and the Second Amendment as executed.
PASSED AND APPROVED this 16th day of June, 2025.
Mayor
ATTEST:
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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