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HomeMy WebLinkAbout2018-10-15-Resolutions 18-412_Southwest Business Park Urban Renewal Plan Amendment 1RESOLUTION NO.18-412 RESOLUTION DETERMINING AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT AREA,AND THAT THE REHABILITATION,CONSERVATION,REDEVELOPMENT, DEVELOPMENT,OR A COMBINATION THEREOF,OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH,SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY;DESIGNATING SUCH AREA AS APPROPRIATE FOR URBAN RENEWAL PROJECTS;AND ADOPTING AMENDMENT NO.I TO THE SOUTHWEST BUSINESS PARK URBAN RENEWAL PLAN WHEREAS,by Resolution No.17-483,adopted October 16,2017,this Council 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 approved and adopted the Southwest Business Park Urban Renewal Plan (the "Plan"or "Urban Renewal Plan")for the Southwest Business Park Urban Renewal Area (the "Area"or "Urban Renewal Area")described therein,which Plan is on file in the office of the Recorder of Dallas County;and WHEREAS,this Urban Renewal Area currently includes and consists of: ORIGINAL AREA DEED RECORDED IN BOOK 2017 PAGE 4888 LOT THREE (3)OF THE AUDITOR'S PLAT OF THAT PART OF THE NORTHWEST QUARTER (NWI/4)OF THE NORTHWEST QUARTER (NWI/4)OF SECTION 17 IN TOWNSHIP 78 NORTH,OF RANGE 26 WEST OF THE 5TH P.M.,DALLAS COUNTY,IOWA,EXCEPT COMMENCING AT THE NW CORNER OF SEC.17-T78N-R26W OF THE 5TH P.M.,DALLAS COUNTY,IOWA,THENCE S 00'00'658.43 FEET ALONG THE SECTION LINE TO THE POINT OF BEGINNING,THENCE CONTINUING S 00'00' 87.17 FEET,THENCE S 89'12'E 382.70 FEET,THENCE S 06'12'E 130.00 FEET,THENCE S 84'35'E 225.61 FEET,THENCE N 02'55'W 30.62 FEET, THENCE N 73'50'E 338.22 FEET,THENCE N 02'55'W 128.79 FEET, THENCE N 73'50'E 400.92 FEET TO THE CENTERLINE OF A COUNTY ROAD,THENCE N 00'50'E 75.00 FEET ALONG SAID CENTERLINE, THENCE S 73'50'W 423.54 FEET,THENCE N 02'55'W 568.48 FEET TO THE SOUTH RIGHT OF WAY LINE OF INTERSTATE NO.80,THENCE N 85'04'W 315.13 FEET ALONG SAID RIGHT OF WAY LINE,THENCE S 02'55'E 676.50 FEET,THENCE N 89'50'W 609.02 FEET TO THE POINT OF BEGINNING; PARCEL "A"OF THE SURVEY OF ALL OF LOT 4 AND PART OF LOT 3 OF THE AUDITOR'S PLAT OF THE NW I/4 OF THE NW I/4 OF SECTION 17,TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE 5TH P.M.,ALL BEING IN AND FORMING A PART OF THE CITY OF WAUKEE,DALLAS COUNTY,IOWA,AS SHOWN IN BOOK 2004,PAGE 5051,IN THE OFFICE OF THE RECORDER OF DALLAS COUNTY.IOWA. INCLUDES PARCEL ¹1617100001,1617100027 WHEREAS,a proposed Amendment No.I to the Southwest Business Park Urban Renewal Plan ("Amendment No.I"or "Amendment")for the Southwest Business Park Urban Renewal Area described above has been prepared,which proposed Amendment has been on file in the office of the City Clerk and which is incorporated herein by reference,the purpose of which is to add land to the Area and to add and/or confirm the list of proposed projects to be undertaken within the Area;and WHEREAS,this proposed Amendment No.I adds land,as follows: THAT PART OF THE NORTH FRACTIONAL ONE-HALF (N I/2)OF THE NORTHEAST QUARTER (NE I /4)OF SECTION EIGHTEEN (18), TOWNSHIP SEVENTY-EIGHT (78)NORTH,RANGE TWENTY-SIX (26) WEST OF THE 5TH P.M.,DALLAS COUNTY,IOWA LOCATED SOUTH OF THE INTERSTATE 80 RIGHT OF WAY,EXCEPT PARCEL "A"OF THE SURVEY OF THE FRACTIONAL NW I/4 NE I/4,SECTION 18-78-26,AS SHOWN IN BOOK 748,PAGE 599,IN THE OFFICE OF THE RECORDER OF DALLAS COUNTY,IOWA AND THE ADJOINING EAST HALF OF U LANE RIGHT OF WAY.SUBJECT PROPERTY IS ALL LOCATED WITHIN THE CITY LIMITS OF THE CITY OF WAUKEE (PARCEL ¹1618200002, 1618200007) WHEREAS,the proposed Amendment No.I includes land classified as agricultural land and consequently written permission of the current owners has been obtained;and WHEREAS,it is desirable that the Area be redeveloped as part of the activities described within the proposed Amendment No.I;and WHEREAS,by resolution adopted on September 17,2018,this Council directed that a consultation be held with the designated representatives of all affected taxing entities to discuss the proposed Amendment No.I and the division of revenue described therein,and that notice of the consultation and a copy of the proposed Amendment No.I be sent to all affected taxing entities;and WHEREAS,pursuant to such notice,the consultation was duly held as ordered by the City Council and all required responses to the recommendations made by the affected taxing entities,if any,have been timely made as set forth in the report of the Development Services Director,or his delegate,filed herewith and incorporated herein by this reference,which report is in all respects approved;and WHEREAS,by resolution this Council also set a public hearing on the adoption of the proposed Amendment No.I for this meeting of the Council,and due and proper notice of the public hearing was given,as provided by law,by timely publication in the Dallas Count News, which notice set forth the time and place for this hearing and the nature and purpose thereof;and WHEREAS,in accordance with the notice,all persons or organizations desiring to be heard on the proposed Amendment No.I,both for and against,have been given an opportunity to be heard with respect thereto and due consideration has been given to all comments and views expressed to this Council in connection therewith and the public hearing has been closed. NOW,THEREFORE,BE IT RESOLVED,BY THE CITY COUNCIL OF THE CITY OF WAUKEE,STATE OF IOWA: Section 1.That the findings and conclusions set forth or contained in Amendment No.I concerning the area of the City of Waukee,State of Iowa,described in the preamble hereof,be and the same are hereby ratified and confirmed in all respects as the findings of this Council for this area. Section 2.This Council further finds: a)Although relocation is not expected,a feasible method exists for the relocation of any families who will be displaced from the Urban Renewal Area into decent,safe and sanitary dwelling accommodations within their means and without undue hardship to such families; b)The Plan,as amended,and Amendment No.I conform to the general plan for the development of the City as a whole;and c)Acquisition by the City is not immediately expected,however,as to any areas of open land to be acquired by the City included within the Urban Renewal Area: i.Residential use is not expected,however,with reference to any portions thereof which are to be developed for residential uses,this City Council hereby determines that a shortage of housing of sound standards and design with decency,safety and sanitation exists within the City;that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality;and that one or more of the following conditions exist: a.That the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas,including other portions of the urban renewal area. b.That conditions ofblight in the municipality and the shortage of decent,safe and sanitary housing cause or contribute to an increase in and spread of disease and crime,so as to constitute a menace to the public health,safety,morals,or welfare. c.That the provision of public improvements related to housing and residential development will encourage housing and residential development which is necessary to encourage the retention or relocation of industrial and commercial enterprises in this state and its municipalities. d.The acquisition of the area is necessary to provide for the construction of housing for low and moderate income families. ii.Non-residential use is expected and with reference to those portions thereof which are to be developed for non-residential uses,such non-residential uses are necessary and appropriate to facilitate the proper growth and development of the City in accordance with sound planning standards and local community objectives. Section 3.That the Urban Renewal Area,as amended,continues to be an economic development area within the meaning of Iowa Code Chapter 403;that such area is eligible for designation as an urban renewal area and otherwise meets all requisites under the provisions of Chapter 403 of the Code of Iowa;and that the rehabilitation,conservation,redevelopment, development,or a combination thereof,of such area is necessary in the interest of the public health,safety or welfare of the residents of this City, Section 4.That Amendment No.I to the Southwest Business Park Urban Renewal Plan of the City of Waukee,State of Iowa,attached hereto as Exhibit I and incorporated herein by reference,be and the same is hereby approved and adopted as "Amendment No.I to the Southwest Business Park Urban Renewal Plan for the City of Waukee,State of Iowa"; Amendment No.I,including all of the exhibits attached thereto,is hereby in all respects approved;the Mayor and City Clerk are authorized to approve the executed Agricultural Land Agreements;and the City Clerk is hereby directed to file a certified copy of Amendment No.I with the proceedings of this meeting. Section 5.That,notwithstanding any resolution,ordinance,plan,amendment or any other document,Amendment No.I shall be in full force and effect from the date of this Resolution until the Council amends or repeals the Plan.The proposed Amendment No.I shall be forthwith certified by the City Clerk,along with a copy of this Resolution,to the Recorder for Dallas County,Iowa,to be filed and recorded in the manner provided by law. Section 6.That all other provisions of the Plan not affected or otherwise revised by the terms of Amendment No.I,as well as all resolutions previously adopted by this City Council related to the Plan be and the same are hereby ratified,confirmed and approved in all respects. PASSED AND APPROVED this 15'"day of October,2018. May ATTEST: City Clerk RESULTS OF VOTE: Anna Bergman R.Charles Bottenberg Courtney Clarke Shelly Hughes Larry R.Lyon AYE X X X X NAY ABSENT ABSTAIN X AMENDMENT P1 to the SOUTHWEST BUSINESS PARK URBAN RENEWAL PLAN for the SOUTHWEST BUSINESS PARK URBAN RENEWAL AREA WAUKEE,IOWA Original Plan —2017 Amendment ¹1-2018 TABLE OF CONTENTS SECTION A.INTRODUCTION B.DESCRIPTION OF THE URBAN RENEWAL AREA C.AREA DESIGNATION D.BASE VALUE E.DEVELOPMENT PLAN F.PLAN OBJECTIVES G.TYPE OF RENEWAL ACTIVITIES H.PREVIOUSLY AUTHORIZED URBAN RENEWAL PROJECTS L ELIGIBLE URBAN RENEWAL PROJECTS J.FINANCIAL DATA K.AGREEMENT TO INCLUDE AGRICULTURAL LAND L.URBAN RENEWAL FINANCING M.PROPERTY ACQUISITION(DISPOSITION N.RELOCATION O.STATE AND LOCAL REQUIREMENTS P.URBAN RENEWAL PLAN AMENDMENTS Q.EFFECTIVE PERIOD R.REPEALER AND SEVERABILITY EXHIBITS A.LEGAL DESCRIPTION OF AREA B.URBAN RENEWAL AREA MAP C.AGREEMENT TO INCLUDE AGRICULTURAL LAND FINAL 091318 Urban Renewal Plan Southwest Business Park Urban Renewal Area City of Waukee,Iowa A.INTRODUCTION This Southwest Business Park Urban Renewal Plan ("Plan"or "Urban Renewal Plan")has been developed to help local officials promote economic development in the City of Waukee.The primary goal of the Plan is to stimulate,through public involvement and commitment,private investment in new commercial and light industrial development. In order to achieve this objective,Waukee (the "City")intends to undertake Urban Renewal activities pursuant to the powers granted to it under Chapter 403 and Chapter 15A of the Code of Iowa,as amended. The Urban Renewal Plan was adopted in 2017 and is being amended to add real estate to the Area to the extent described hereinafter and to add and/or confirm the list of proposed projects to be undertaken within the Area,as amended,by this Amendment ¹I("Amendment ¹Ior "Amendment"). The Amendment ¹Irepeats much of the original plan adopted in 2017 for the reader's convenience.The material changes by this Amendment ¹Iinclude the following: ~The addition of the Amendment ¹ISubarea to the Area; ~Section FL Addition of the "Previously Authorized Urban Renewal Projects"section to identify and/or update the projects previously included in the Plan,page 8; ~Section I."Eligible Urban Renewal Projects"to identify the projects being added to the Plan by this Amendment ¹I,page 8; ~Section J.Update to Financial Data,page 9; ~Section K.Update to Agricultural Land section,page 9; ~Exhibit A contains a legal description of the property being added by this Amendment ¹1("Amendment ¹I Subarea"); FINAL 091318 ~Exhibit B contains a map of the Southwest Business Park Urban Renewal Area including the Amendment ¹I Subarea;and ~Exhibit C contains a signed Agricultural consent from each owner of agricultural land included within the Amendment ¹I Subarea. Except as modified by this Amendment,the provisions of the original Southwest Business Park Urban Renewal Plan are hereby ratified,confirmed and approved and shall remain in full force and effect as provided herein.In case of any conflict or uncertainty,the terms of this Amendment shall control. B.DESCRIPTION OF THE URBAN RENEWAL AREA The legal description of the property being added to the Southwest Business Park Urban Renewal Area by this Amendment (called "Amendment ¹ISubarea")is attached hereto as Exhibit "A".A map of the Amendment ¹ISubarea and including the entire Southwest Business Park Urban Renewal Area,is attached hereto as Exhibit B. The City reserves the right to modify the boundaries of the Area at some future date. C.AREA DESIGNATION With the adoption of this Plan,the City of Waukee designated this Southwest Business Park Urban Renewal Area as an economic development district that is appropriate for the promotion of new commercial and light industrial development. This designation continues in this Amendment and applies to the Amendment ¹I Subarea. D.BASE VALUE This Amendment does not change any previously established base value in the Urban Renewal Area. Separate TIF ordinances for separate parcel(s)may be adopted as development in the Area warrants.In that case,each separate TIF ordinance area may have a separate base value and separate sunset or expiration date. FINAL 091318 E.DEVELOPMENT PLAN Waukee has a general plan for the physical development of the City as a whole outlined in the Waukee Com rehensive Plan adopted by the City on March 10, 2008 and last amended in September 2017.The goals and objectives of this Urban Renewal Plan,as amended by this Amendment ¹I,including the urban renewal projects described herein,are in conformity with the City's Comprehensive Plan. The Urban Renewal Area,as amended,is currently zoned commercial and light industrial.This Urban Renewal Plan does not in any way replace or modify the City's current land use planning or zoning regulation process. The need for improved traffic,public transportation,public utilities,recreational and community facilities,or other public improvements within the Urban Renewal Area is set forth in this Plan and this Amendment ¹l.As the Area develops,the need for public infrastructure extensions and upgrades will be evaluated and planned for by the City. F.PLAN OBJECTIVES Renewal activities are designed to provide opportunities,incentives,and sites for new commercial and light industrial development within the district.More specific objectives for development within the Southwest Business Park Urban Renewal Area are as follows: 1.To achieve a diversified,well-balanced economy providing a desirable standard of living,creating job opportunities,and strengthening the tax base. 2.To plan for and provide sufficient land for commercial and industrial development in a manner that is efficient from the standpoint of providing municipal services. To provide for the installation of public works and facilities including,but not limited to,water,sanitary sewer and other public improvements,which contribute to the revitalization of the area and to the sound development of the entire City. 4.To encourage commercial and indusnial growth and expansion through governmental policies which make it economically feasible to do business. 5.To provide a more marketable and attractive investment climate through the use of various federal,state and local incentives. FINAL 091318 6.To stimulate,through public action and commitment,private investment in new and existing commercial and/or industrial development. 7.To improve the conditions and opportunities for economic development,both commercial and industrial. 8.To help develop a sound economic base that will serve as the foundation for future growth and development. 9.To improve recreational,tourism,cultural,and educational opportunities. 10.To enhance the Waukee community by fostering an entrepreneurial climate,diversifying the local economy,encouraging opportunities for new businesses,and supporting retention of existing businesses. G.TYPE OF RENEWAL ACTIVITIES To meet the objectives of this Urban Renewal Plan and to encourage the development of the Area,the City intends to utilize the powers conferred under Chapter 403 and Chapter 15A,Code of Iowa including,but not limited to,tax increment financing.Activities may include: 1.New,rehabilitated,converted,or expanded industrial uses within the Area. 2.New,rehabilitated,converted,or expanded commercial uses within the Area. General development activities by the City in the Southwest Business Park Urban Renewal Area may include: 1.To undertake and carry out urban renewal projects through the execution of contracts and other instruments. 2.To arrange for or cause to be provided the construction or repair of public infrastructure,including but not limited to streets,storm water drainage,sanitary sewer,water,sidewalks,street lights,parks and open spaces,recreational trails or facilities,landscaping,public utilities or other related facilities in connection with urban renewal projects. FINAL 091318 3.To provide for the construction of specific site improvements such as grading and site preparation activities,access roads and parking, fencing,utility connections,and related activities. 4.To make loans,forgivable loans,tax rebate payments or other types of economic development grants or incentives to private persons or businesses for economic development purposes on such terms as may be determined by the City Council. 5.To use tax increment financing to facilitate urban renewal projects, including but not limited to,actions to achieve a more marketable and competitive land offering price and to provide for necessary physical improvements and infrastructure. 6.To borrow money and to provide security therefor. 7.To make or have made surveys and plans necessary for the implementation of the Urban Renewal Program or specific urban renewal projects. 8.To acquire property through a variety of means (purchase,lease,option, etc.)and to hold,clear,or prepare the property for redevelopment. 9.To dispose of property so acquired. 10.To use any or all other powers granted by the Urban Renewal Act to develop and provide for improved economic conditions for the City of Waukee and the State of Iowa. Nothing herein shall be construed as a limitation on the power of the City to exercise any lawful power granted to the City under Chapter 15,Chapter 15A, Chapter 403,Chapter 427B,or any other provision of the Code of Iowa in furtherance of the objectives of this Urban Renewal Plan. FINAL 091318 H.PREVIOUSLY AUTHORIZED URBAN RENEWAL PROJECTS Urban renewal projects were authorized prior to this Amendment ¹I,and are continuing.The projects include the following (updated where appropriate): I)Development Agreements: a.Agreement with 117 Land Company LLC and RJLandscaping.The City entered into a Development Agreement (the "Agreement")with 117 Land Company,LLC (the "Developer")and RJ Landscaping (the "Employer").The Agreement obligates the Developer to construct certain Public Improvements (as defined in the Agreement)on certain property with the Area ("Development Property").The Agreement further obligates the Employer to complete Minimum Improvements (as defined in the Agreement)on a portion of the Development Property,and to employ employees therein.The Agreement obligates the City to make two (2)annual payments of Economic Development Grants to Employer and eight (8)annual payments of Economic Development Grants to Developer,each consisting of 100%of the Tax Increments pursuant to the Iowa Code Section 403.19 and generated by the construction of the Minimum Improvements,under the terms and following satisfaction of the conditions set forth in the Agreement. The Agreement contemplates additional Economic Development Grants to Developer as additional parcels of the Development Property develops,up to a cumulative total for all such payments to Developer not to exceed the lesser of the cost of the Public Improvements or $1,150,000.The cost of the Economic Development Grants to Employer shall not exceed $150,000. 2)Related Planning Costs: Planning,engineering fees for planning work,and legal fees to support proposed urban renewal projects are estimated not to exceed $50,000. I.ELIGIBLE URBAN RENEWAL PROJECTS Although certain project activities may occur over a period of years,in addition to projects previously authorized in the Plan,the eligible urban renewal projects under this Amendment ¹I include: I)Future Development Agreements: The City expects to consider requests for Development Agreements for projects that are consistent with this Plan,in the City's sole discretion.Such Agreements are unknown at this time,but based on past history,and dependent on development opportunities and climate,the City expects to consider incentives as authorized by this Plan,including but not limited to land,loans,grants,rebates,public FINAL 091318 infrastructure assistance and other incentives.The costs of such Development Agreements will not exceed $2,500,000. J.FINANCIAL DATA July I,2018,constitutional debt limit: Current outstandin general obli ation debt: Proposed amount of indebtedness to be incurred: A specific amount of debt to be incurred for the Eligible Urban Renewal Projects (Amendment ¹I) has not yet been determined.This document is for planning purposes.The estimated project costs in this Plan are estimates only and will be incurred and spent over a number of years.In no event will the City's constitutional debt limit be exceeded. The City Council will consider each project proposal on a case-by-case basis to determine if it is in the City's best interest to participate before approving an urban renewal project or expense.It is further expected that such indebtedness, including interest on the same,may be financed in whole or in part with tax increment revenues from the Urban Renewal Area.Subject to the foregoing, it is estimated that the cost of the Eligible Urban Renewal Projects (Amendment ¹I)as described above will be a roximately: $92,216,747 $71,573,137 $2,500,000 These totals do not include financing costs related to debt issuance, which may be incurred over the life of the Area. K.AGREEMENT TO INCLUDE AGRICULTURAL LAND Owners of agricultural land included in the Southwest Business Park Urban Renewal Area have entered into an agreement in which they have agreed to allow the City to include their real property defined as "Agricultural Land"in the Urban Renewal Area in accordance with Iowa Code Section 403.17(3).A copy of the agreement of each agricultural land owner within the Original Subarea is attached to the original Plan and the signed agreement of each agricultural land owner within the Amendment ¹ISubarea is attached or will be attached to this Amendment ¹Ias Exhibit C.The original signed agreements are on file at the City Clerk's office. L.URBAN RENEWAL FINANCING The City of Waukee intends to utilize various financing tools such as those described below to successfully undertake the proposed urban renewal actions. FINAL 091318 The City of Waukee has the statutory authority to use a variety of tools to finance physical improvements within the Area.These include: Tax Increment Financing Under Section 403.19 of the Iowa Code,urban renewal areas may utilize the tax increment financing mechanism to finance the costs of public improvements or economic development incentives associated with redevelopment projects.Upon creation of a tax increment district within the Area,by ordinance,the assessment base is frozen and the amount of tax revenue available from taxes paid on the difference between the frozen base and the increased value,if any,is segregated into a separate fund for the use by the City to pay costs of the eligible urban renewal projects.The increased taxes generated by any new development,above the base value,are distributed to the taxing entities,if not requested by the City. The City may also determine to use tax increment financing to provide incentives such as cash grants,loans,tax rebates or other incentives to developers in connection with urban renewal projects for commercial or industrial development or other urban renewal projects.In addition,the City may determine to issue general obligation bonds,tax increment revenue bonds or such other obligations,or loan agreements for the purpose of making loans or grants of public funds to private businesses located in the Areas. Alternatively,the City may determine to use available funds for making such loans or grants for urban renewal projects.In any event,the City may determine to use tax increment financing to reimburse the City for any obligations or advances. B.General Obligation Bonds Under Division III of Chapter 384 and Chapter 403 of the Iowa Code,the City has the authority to issue and sell general obligation bonds for specified essential and general corporate purposes, including the acquisition and construction of certain public improvements within the Area or incentives for development consistent with this Plan.Such bonds are payable from the levy of unlimited ad valorem taxes on all the taxable property within the City of Waukee.It may be the City will elect to abate some or all of the debt service on these bonds with incremental taxes from this Area. FINAL 091318 -10- C.Other City Lawful Powers Nothing herein shall be construed as a limitation on the power of the City to exercise any lawful power granted to the City under Chapter 15,Chapter ISA,Chapter 403,Chapter 427B,or any other provision of the Code of Iowa in furtherance of the objectives of this Urban Renewal Plan. M.PROPERTY AC UISITION/DISPOSITION If property acquisition/disposition becomes necessary to accomplish the objectives of the Plan,urban renewal powers will be carried out,without limitation,in accordance with the State of Iowa Urban Renewal Law. N.RELOCATION The City does not expect there to be any relocation required of residents or businesses as part of the Proposed Urban Renewal Projects;however,if any relocation is necessary,the City will follow all applicable relocation requirements. O.STATE AND LOCAL RE UIREMENTS All provisions necessary to conform to state and local laws will be complied with by the City and the developer in implementing this Urban Renewal Plan and its supporting documents. P.URBAN RENEWAL PLAN AMENDMENTS This Urban Renewal Plan may be amended from time to time for a number of reasons,including but not limited to,change in the Area,to add or change land use controls and regulations,to modify goals or types of renewal activities,or to amend property acquisition and disposition provisions.The City Council may amend this Plan pursuant to appropriate procedures under Iowa Code Chapter 403. EFFECTIVE PERIOD This Amendment ¹Ito the Urban Renewal Plan will become effective upon its adoption by the City Council.The Urban Renewal Plan,as amended,will remain in effect as a Plan until it is repealed by the City Council. With respect to the property included within the Southwest Business Park Urban Renewal Area,which is also included in an ordinance which designates that property as a tax increment area,the use of incremental property tax revenues or FINAL 091318 -11- the "division of revenue,"as those words are used in Chapter 403 of the Code of Iowa,is limited to twenty (20)years beginning with the first calendar year following the calendar year in which the City first certifies to the County Auditor the amount of any loans,advances,indebtedness,or bonds which qualify for payment from the incremental property tax revenues attributable to that property within a TIF ordinance of the Southwest Business Park Urban Renewal Area.The division of revenues shall continue on the Urban Renewal Area for the maximum period allowed by law. It is also anticipated that separate TIF ordinances for separate parcel(s)may be adopted as development in the Area warrants.In this case,each separate TIF ordinance may have a separate base and separate sunset or expiration date. At all times,the use of tax increment financing revenues (including the amount of loans,advances,indebtedness or bonds which qualify for payment from the division of revenue provided in Section 403.19 of the Code of Iowa)by the City for activities carried out under the Southwest Business Park Urban Renewal Area shall be limited as deemed appropriate by the City Council and consistent with all applicable provisions of law. R.REPEALER AND SEVERABILITY Any parts of the previous Plan in conflict with this Amendment are hereby repealed. If any part of this Amendment III or the Plan is determined to be invalid or unconstitutional,such invalidity or unconstitutionality shall not affect the validity of the Plan as a whole,or any part of the Plan or this Amendment not determined to be invalid or unconstitutional. FINAL 091318 12- EXHIBIT A LEGAL DESCRIPTION OF AREA The Southwest Business Park Urban Renewal Area is described as follows: DEED RECORDED IN BOOK 2017 PAGE 4888 LOT THREE (3)OF THE AUDITOR'S PLAT OF THAT PART OF THE NORTHWEST QUARTER (NWI/4)OF THE NORTHWEST QUARTER (NWI/4)OF SECTION 17 IN TOWNSHIP 78 NORTH,OF RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY,IOWA,EXCEPT COMMENCING AT THE NW CORNER OF SEC.17-T78N-R26W OF THE 5TH P.M.,DALLAS COUNTY,IOWA,THENCE S 00'00'658.43 FEET ALONG THE SECTION LINE TO THE POINT OF BEGINNING, THENCE CONTINUING S 00'00'87.17 FEET,THENCE S 89'12'E 382.70 FEET, THENCE S 06'12'E 130.00 FEET,THENCE S 84'35'E 225.61 FEET,THENCE N 02'55'W 30.62 FEET,THENCE N 73'50'E 338.22 FEET,THENCE N 02'55'W 128.79 FEET,THENCE N 73'50'E 400.92 FEET TO THE CENTERLINE OF A COUNTY ROAD,THENCE N 00'50'E 75.00 FEET ALONG SAID CENTERLINE,THENCE S 73'50'W 423.54 FEET,THENCE N 02'55'W 568.48 FEET TO THE SOUTH RIGHT OF WAY LINE OF INTERSTATE NO.80,THENCE N 85'04'W 315.13 FEET ALONG SAID RIGHT OF WAY LINE,THENCE S 02'55'E 676.50 FEET,THENCE N 89'50'W 609.02 FEET TO THE POINT OF BEGINNING; PARCEL "A"OF THE SURVEY OF ALL OF LOT 4 AND PART OF LOT 3 OF THE AUDITOR'8 PLAT OF THE NW I/4 OF THE NW I/4 OF SECTION 17,TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE 5TH P.M.,ALL BEING IN AND FORMING A PART OF THE CITY OF WAUKEE,DALLAS COUNTY,IOWA,AS SHOWN IN BOOK 2004,PAGE 5051,IN THE OFFICE OF THE RECORDER OF DALLAS COUNTY.IOWA. INCLUDES PARCEL ¹1617100001,1617100027 Amendment ¹ISubarea —Pro er Added to Urban Renewal Area b Amendment ¹1 THAT PART OF THE NORTH FRACTIONAL ONE-HALF (N I/2)OF THE NORTHEAST QUARTER (NE I /4)OF SECTION EIGHTEEN (18), TOWNSHIP SEVENTY-EIGHT (78)NORTH,RANGE TWENTY-SIX (26) WEST OF THE 5TH P.M.,DALLAS COUNTY,IOWA LOCATED SOUTH OF THE INTERSTATE 80 RIGHT OF WAY,EXCEPT PARCEL "A"OF THE SURVEY OF THE FRACTIONAL NW I/4 NE I/4,SECTION 18-78-26,AS FINAL 091318 13- SHOWN IN BOOK 748,PAGE 599,IN THE OFFICE OF THE RECORDER OF DALLAS COUNTY,IOWA AND THE ADJOINING EAST HALF OF U LANE RIGHT OF WAY.SUBJECT PROPERTY IS ALL LOCATED WITHIN THE CITY LIMITS OF THE CITY OF WAUKEE (PARCEL ¹1618200002, 1618200007) FINAL 0913111 -14- EXHIBIT B SOUTHWEST BUSINESS PARK URBAN RENEWAL AREA MAP AS AMENDED BY AMENDMENT ¹I 328th PL. Original Area (2017) Amendment ¹1Area (2018) Legend Ia City Limitswwllw~Southwest Susmess Park URA-Amendment ¹1(2018)~Southwest Business Park Urban Renewal Area -2017 FINAL 0913(8 15- EXHIBIT C AGREEMENTS TO INCLUDE AGRICULTURAL LAND IN THE SOUTHWEST BUSINESS PARK URBAN RENEWAL AREA WHEREAS,the City of Waukee,Iowa,(the "City")has proposed the Amendment ¹Ito the Southwest Business Park Urban Renewal Plan (the "Plan")for the Southwest Business Park Urban Renewal Area (the "Urban Renewal Area"),pursuant to Chapter 403 of the Code of Iowa, in order to undertake activities authorized by that Chapter;and WHEREAS,it has been proposed that the boundaries of the Urban Renewal Area,as amended by Amendment ¹1,will include certain property which is owned by the Agricultural Land Owner listed below (the "Property");and WHEREAS,Section 403.17(10)of the Code of Iowa provides that no property may be included in an urban renewal area which meets the definition in that Section of "agricultural land," until the owners of such property agree to include such property in such urban renewal area;and WHEREAS,it has been determined that the portion of the Property owned by the Agricultural Land Owner below meets the definition of "agricultural land"in Section 403.17(3) of the Code of Iowa; NOW,THEREFORE,it is hereby certified and agreed by the Agricultural Land Owner as follows: 1.The Agricultural Land Owner hereby certifies that he/she is the owner of certain Property within the proposed Urban Renewal Area and agrees that the City of Waukee,Iowa,may include such Property within the Urban Renewal Area. 2.The Agricultural Land Owner further authorizes the governing body of the City of Waukee,Iowa,to pass any resolution or ordinance necessary to designate said Property as part of the Urban Renewal Area under Chapter 403 of the Code of Iowa,and to proceed with activities authorized under said Chapter. ~ATEDfyi Zy Ey f~~5E~,2018. Agricultural Land Owner's Name:Agricultural Land Owner's Name: Signature. Date:r.2 7.' Witness: Signature: Date: 1Witness: