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HomeMy WebLinkAbout2020-06-15-Resolution 2020-230_Development Agreement Amendment 2, Kettleview LLCRESOLUTION NO. 2020-230 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AMENDMENT TO AMENDED AND RESTATED AGREEMENT FOR PRIVATE DEVELOPMENT BY AND BETWEEN THE CITY OF WAUKEE AND KETTLEVIEW, L.L.C. WHEREAS, this Council previously 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 by Resolution No. 13-257 approved and adopted the Gateway Economic Development Urban Renewal Plan for the Gateway Economic Development Urban Renewal Area described therein, which Plan was subsequently amended several times, and WHEREAS, this Council has consolidated the Gateway Economic Development Urban Renewal Area, along with other urban renewal areas, into the Waukee Consolidated Urban Renewal Area ("Urban Renewal Area" or "Area") by adoption of Amendment No. 1 to the Waukee Consolidated Urban Renewal Plan ("Urban Renewal Plan" or "Plan") by Resolution No. 19-402 on November 4, 2019, which Plan has subsequently been amended and is on file in the office of the Recorder of Dallas County; and WHEREAS, it is desirable that properties within the Area be redeveloped as part of the overall redevelopment area covered by said Plan, as amended, and WHEREAS, the City of Waukee, Iowa ("City") and Kettleview, L.L.C. ("Developer") previously entered into an Agreement for Private Development dated May 20, 2019 ("Original Agreement") regarding the development of certain property within the Gateway Economic Development Urban Renewal Area and now within the Area ("Development Property"), which Original Agreement was replaced in its entirety by an Amended and Restated Agreement between the City and Developer dated November 4, 2019 ("Amended and Restated Agreement").- and WHEREAS, the Amended and Restated Agreement included an Amended and Restated Minimum Assessment Agreement between the City, Developer, and Lush Properties, LLC ("Lush") also dated November 4, 2019 ("Amended and Restated Minimum Assessment Agreement"), which replaced the minimum assessment agreement executed in connection with the Original Agreement in its entirety; and WHEREAS, pursuant to a proposed Amendment to the Amended and Restated Agreement ("Amendment"), the City and Developer desire to make several changes to the Amended and Restated Agreement, including changes to the description of and completion dates for the Minimum Improvements, certain Economic Development Grant schedules, and the Amended and Restated Minimum Assessment 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 Amendment and the Amended and Restated Agreement, as proposed to be amended, 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 under the Amended and Restated Agreement, as proposed to be amended, 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; and WHEREAS, the following action is now considered to be in the best interests of the City and residents thereof. 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 Amended and Restated Agreement as amended by the Amendment, including but not limited to the construction of Public Improvements and the making of grants to the Developer in connection with the development of the Development Property under the terms set forth in the Amended and Restated Agreement as amended by the Amendment 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 Amended and Restated Agreement as amended by 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 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. PASSED AND APPROVED this 151h day of June, 2020. Mayor ATTEST: 40 City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman X R. Charles Bottenberg X Chris Crone X Larry R. Lyon X Ben Sinclair X