HomeMy WebLinkAbout2014-12-01-Resolutions 14-338_Express Logistics - Development AgrTHE CITY OF WAUIME,IOWA
RESOLUTION 14-338
APPROVING DEVELOPMENT AGREEMKNT WITH EXPRESS LOGISTICS [1125 SK
WKSTBROOKK DRIVE]
IN THE NAME AND BY THE A UTHOMTY OF THE CITY OF WA UICEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization.;AND,
WHEREAS,on August 18,2014,the Waukee City Council approved the application of Express
Logistics for the purpose of receiving benefits from the High Quality Jobs Program (Resolution
014-220);AND,
WHERKAS,Express Logistics was granted the award by the Iowa Economic Development
Authority;AND,
WHEREAS,as part of the High Quality Jobs Program award,the Waukee City Council
approved the local match policy requirement of the Iowa Economic Development Authority in
the approximate amount of $26,000.00;AND,
WHEREAS,City staff proposes a development agreement with Express Logistics to formalize
the local match agreement between the two parties,attached hereto as Exhibit A.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that it hereby
approves the Development Agreement with Express Logistics [1125 SE Westbrooke Drive].
Passed by the City Council of the City of Waukee,Iowa,and approved the 1"day of December,
2014.
Case .Harvey,P esiding Officer
Attest:
Rebecca D.Sclutett,City Clerk
ROLL CALL VOTE
Shan.e Blanchard
Brian Harrison
Casey L.Harvey
Shelly Hughes
Rick Peterson
X
X
X
NAY ABSENT ABSTAIN
X
X
Development Agreement
Westwood Properties (Express Logistics)
Whereas,the City of Waukee,Iowa (hereinafter "City")has been presented with a
proposal where Westwood Properties (hereinafter "Company")located at 1125 SE Westbrooke
Drive will be purchasing the building at 1125 SE Westbrooke Drive and making a capital
investment in the building;and
Whereas,the City Council of the City of Waukee wishes to promote economic
development through private commercial investment in the city and greater employment
within the City;and
Whereas,Company is a third party freight broker with customers and vendors
nationwide and by purchasing their building have made the decision to be based in the City and
grow their business in the City;and
Whereas,Company has applied for financial assistance through the Iowa Economic
Development Authority (hereinafter "'IDEA")and the High Quaiity Jobs Program which requires
a 20%local match by the City;and
Whereas,the City wishes to provide the required local match of $26,000.00 to the
Company for continued growth in Waukee,
Now,Therefore,City and Company,in consideration of the promises and mutual
obligations set forth in this Development Agreement (hereinafter "Agreement"),agree as
follows:
Article I
1.The Company promises and agrees it will purchase the property at 1125 SE
Westbrooke Drive,Waukee,Iowa and redevelop and construct improvements to the
building at its cost and in conformance with the City of Waukee's site,building and
architectural regulations.
2.The Company will receive approval for financial assistance through IEDA's High
Quality Jobs Program of 5130,000.00.
3.The Company acknowledges the City's local match required under the High Quality
Jobs Program is contingent upon the execution of an agreement between IEDA and
the Company and will be paid by the City to the Company upon their purchase of the
property at 1125 SE Westbrooke Drive,Waukee,iowa and approval of their site plan
and/or building permit associated with the Company's redevelopment of said
property.
Article II
1.The City will pay the local match to the Company in the form of a grant.
Article III
1.All notices given pursuant to this Agreement shall be in writing and shall be given
personal service,by Unites States certified mail or other established express delivery
service (such as Federal Express)that guarantees overnight delivery,postage or
delivery charge prepaid,addressed to the appropriate party at the address set forth
below:
City:City of Waukee
City Administrator
230 W.Hickman Rd.
Waukee,iowa 50263
Company:Westwood Properties
Chad Rubner
1125 SE Westbrooke Or
Waukee,iowa 50263
Notices shall be effective upon receipt or refusal.
2.The provisions of this Agreement are not intended to create,nor shall they in any
way be interpreted or construed to create,a joint venture,partnership,or any other
similar relationship between the parties.
3.This Agreement is not intended to create,nor shall it in any way be interpreted or
construed to create,any third party beneficiary rights in any person not a party
hereto,
4.Each person executing this Agreement represents and warrants that he or she has
authority to sign this Agreement on behalf of the corporation,limited liability
company,or other entity for which he or she is signing,and that his or her signature
binds said entity to the terms and provisions of this agreement.
5.This Agreement shall be interpreted and construed in accordance with the laws of
the State of Iowa.
IN WITNESS WHEREOF,we have hereunto set our hands and seals on the date and
year first above written.
CITY OF WAUKEE,IOWA Westwood Prope ti
illia F.Peard,Mayor C ad Ru ner,President