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HomeMy WebLinkAbout2019-12-02-J01M Waukee Consolidated URA Amendment 2_Set PH AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: December 2, 2019 AGENDA ITEM: Consideration of approval of a resolution setting dates of a consultation and a public hearing on a proposed Amendment No. 2 to the Waukee Consolidated Urban Renewal Plan in the City of Waukee, State of Iowa FORMAT: Consent Agenda SYNOPSIS INCLUDING PRO & CON: The City Council adopted Amendment No. 1 to the Waukee Consolidated Urban Renewal Plan in early November. The Plan includes language related to future development agreements with a cap of twenty million dollars related to incentives. Since approval of the initial Amendment No. 1, two development agreements have been approved which have nearly exhausted the twenty million dollar cap. The proposed Amendment No. 2 includes language related to the two recently approved development agreements as well as extends the cap related to future development projects by an additional twenty million dollars. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Pending the approval of the public hearing date, staff will hold a consultation meeting with the County and the affected school district(s) involved in the Plan area to review the proposal. That meeting is tentatively scheduled for Monday, December 9, 2019 RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution PREPARED BY: Brad Deets REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: J1M RESOLUTION NO. ______ RESOLUTION SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON A PROPOSED AMENDMENT NO. 2 TO THE WAUKEE CONSOLIDATED URBAN RENEWAL PLAN IN THE CITY OF WAUKEE, STATE OF IOWA WHEREAS, by Resolution No. 19-402, adopted November 4, 2019, the City approved and adopted Amendment No. 1 to the Waukee Consolidated Urban Renewal Plan (the "Plan" or "Urban Renewal Plan"), which unified the existing Gateway Economic Development Urban Renewal Area, Waukee West Urban Renewal Area, and Waukee Central Urban Renewal Area into the Waukee Consolidated Urban Renewal Area (the "Area" or "Urban Renewal Area"), 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: GATEWAY URBAN RENEWAL AREA AND AMENDMENTS NOS. 1 THROUGH 6 Gateway Economic Development Urban Renewal Area Original Area (2013) The Gateway Economic Development Urban Renewal Area is described as follows: The Southwest ¼ of the Southwest ¼ of Section 26, Township 79 North, Range 26 West of the 5th P.M. and adjacent Alice’s Road Right of Way and adjacent Hickman Road (U.S. Highway 6) Right of Way (Parcel # 12-26-300-005 and #12-26-300- 004), and A parcel of land within the Southeast ¼ of the Southwest ¼ of Section 26, Township 79 North, Range 26 West of the 5th P.M. beginning at the Southwest corner and extending 600 feet to the East, then 295 feet North, then diagonally Northwest to a point 300 feet West and 245 feet North, then 494.5 feet North, then 300 feet west, then 1034.5 feet South to a starting point at the Southwest corner and adjacent Hickman Road (U.S. Highway 6) Right of Way (Parcel # 12-26-300-007), and The East ½ of the Northeast ¼ of Section 34, Township 79 North, Range 26 West of the 5th P.M. and adjacent Alice’s Road Right of Way and adjacent Hickman Road (U.S. Highway 6) Right of Way (Parcel # 12-34-200-006 and Parcel # 12-34-200- 005), and The Alice’s Road Right of Way extending from the north Right of Way line of Hickman Road (U.S. Highway 6) to the south Right of Way line of University Avenue, and The West 467 feet of the East 1,012 feet of the South 407 feet of the Southeast ¼ of the Southwest ¼ of Section 35, Township 79 North, Range 26 West of the 5th P.M. and the adjacent University Avenue Right of Way (Parcel # 12-35-300-005), and Government Lot 3 of Section 4, Township 78 North, Range 26 West of the 5th P.M., and adjacent SE University Avenue Right of Way (Parcel # 16-04-100-006); and Government Lot 2 of Section 4, Township 78 North, Range 26 West of the 5th P.M., lying south of railroad right of way and adjacent SE University Avenue Right of Way (Parcel # 16-04-200-001), and Government Lot 1 of Section 4, Township 78 North, Range 26 West of the 5th P.M. lying south of railroad right of way (Parcel # 16-04-200-007), and Government Lot 7, Except Parcel “A”; and Government Lot 10, Except Parcel “B” thereof, all in Section 4, Township 78 North, Range 26 West of the 5th P.M. (Parcel # 16-04-200-011 and Parcel # 16-04-200-013 and Parcel # 16-04-200-002), and Outlot X of Grant Park 2, an Official Plat, City of Waukee, Iowa (Parcel # 16-04- 200-014), and Government Lot 8 of Section 4, Township 78 North, Range 26 West of the 5th P.M., (Parcel # 16-04-200-008), and Government Lot 9 of Section 4, Township 78 North, Range 26 West of the 5th P.M. (Parcel # 16-04-200-009), and Government Lot 16 of Section 4, Township 78 North, Range 26 West of the 5th P.M. (Parcel # 16-04-200-010), and Government Lot 5 of Section 3, Township 78 North, Range 26 West of the 5th P.M. (Parcel # 16-03-100-034) and adjacent west half of the SE Waco Place Right of Way, and Government Lot 12 of Section 3, Township 78 North, Range 26 West of the 5th P.M. and the adjacent west half of the SE Waco Place Right of Way (Parcel # 16- 03-100-006) and, Government Lot 15 of Section 4, Township 78 North, Range 26 West of the 5th P.M., (Parcel # 16-04-200-005), and The West 3/8ths of the Southeast Quarter of Section 4, Township 78 North, Range 26 West of the 5th P.M. and the adjacent SE Ashworth Road Right of Way (Parcel # 16-04-401-001), and The East ¼ of the Southwest ¼ of Section 4, Township 78 North, Range 26 West of the 5th P.M. and the adjacent SE Ashworth Road Right of Way (Parcel # 16-04- 300-004), and The Northeast ¼ of the Southeast ¼ and the East 10 acres of the Northwest ¼ of the Southeast ¼ of Section 4, Township 78 North, Range 26 West of the 5th P.M. (Parcel # 16-04-426-001), and The Northwest ¼ of the Southwest ¼ of Section 3, Township 78 North, Range 26 West of the 5th P.M. and the adjacent west half of the SE Waco Place Right of Way except Parcel A as defined within the Plat of Survey recorded in Bk 2009 Pg 18393 (Parcel # 16-03-300-015 and Parcel # 16-03-300-014), and All of Dolmage Estates Plat 1, an Official Plat, City of Waukee, Iowa and adjacent SE Ashworth Road Right of Way (Parcel # 16-04-478-011 and Parcel # 16-04-478- 010 and Parcel # 16-04-478-009 and Parcel # 16-04-478-008 and Parcel # 16-04- 478-007 and Parcel # 16-04-477-009 and Parcel # 16-04-477-008 and Parcel # 16- 04-477-007 and Parcel # 16-04-477-006 and Parcel # 16-04-477-005 and Parcel # 16-04-451-005 and Parcel # 16-04-451-006 and Parcel # 16-04-451-007), and All of Dolmage Estates Plat 2, an Official Plat, City of Waukee, Iowa (Parcel # 16- 04-477-001 and Parcel # 16-04-477-002 and Parcel # 16-04-477-003 and Parcel # 16-04-477-001 and Parcel # 16-04-451-001 and Parcel # 16-04-451-002 and Parcel # 16-04-451-003 and Parcel # 16-04-451-004 and Parcel # 16-04-476-002 and Parcel # 16-04-476-003 and Parcel # 16-04-476-004 and Parcel # 16-04-476-005 and Parcel # 16-04-476-006 and Parcel # 16-04-478-001 and Parcel # 16-04-478- 002 and Parcel # 16-04-478-003 and Parcel #16-04-478-004), and The East 10 acres of the Southwest ¼ of the Southeast ¼ and the Southeast ¼ of the Southeast ¼ of Section 4, Township 78 North, Range 26 West of the 5th P.M., except Dolmage Estates Plat 1, an Official Plat, City of Waukee, Iowa and except Dolmage Estates Plat 2, an Official Plat, City of Waukee, Iowa (Parcel # 16-04- 478-006 and Parcel # 16-04-476-001), and The Southwest ¼ of the Southwest ¼ of Section 3, Township 78 North, Range 26 West of the 5th P.M. and the adjacent SE Ashworth Road Right of Way and the adjacent SE Waco Place Right of Way (Parcel # 16-03-300-004 and Parcel # 16- 03-300-005 and Parcel # 16-03-300-006 and Parcel # 16-03-300-007 and Parcel # 16-03-300-008 and Parcel # 16-03-300-009), and The Northeast ¼ of the Northwest ¼ of Section 9, Township 78 North, Range 26 West of the 5th P.M. and the adjacent SE Ashworth Road Right of Way (Parcel # 16-09-100-007), and The Northwest ¼ of the Northeast ¼ and the North 5 acres of the Southwest ¼ of the Northeast ¼ all within Section 9, Township 78 North, Range 26 West of the 5th P.M. and the adjacent SE Ashworth Road Right of Way and the adjacent SE Vermillion Court Right of Way (Parcel # 16-09-200-001), and The Northeast ¼ of the Northeast ¼ of Section 9, Township 78 North, Range 26 West of the 5th P.M. and the adjacent SE Ashworth Road Right of Way and the adjacent SE Vermillion Court Right of Way (Parcel # 16-09-200-002), and The Northwest ¼ of the Northwest ¼ of Section 10, Township 78 North, Range 26 West of the 5th P.M. and the adjacent SE Ashworth Road Right of Way (Parcel # 16-10-100-001), and The Southeast ¼ of the Northeast ¼ of Section 9, Township 78 North, Range 26 West of the 5th P.M., except the 11 acres for Interstate 80 and the adjacent SE Vermillion Court Right of Way (Parcel # 16-09-200-004), and The South ½ of the Northwest ¼ of Section 10, Township 78 North, Range 26 West of the 5th P.M., located north of Interstate 80 (Parcel # 16-10-100-007), and The Northwest ¼ of the Southeast ¼ of Section of Section 9, Township 78 North, Range 26 West of the 5th P.M. located north of Interstate 80 (Parcel # 16-09-400- 001), and The South 35 acres of the Southwest ¼ of the Northeast ¼ and the Southeast ¼ of the Northwest ¼ and the Northeast ¼ of the Southwest ¼ all within Section 9, Township 78 North, Range 26 West of the 5th P.M., EXCEPT the area lying 15.00 feet in width on each side of the following described line or line extended: Commencing as a point of reference at the West ¼ corner of said Section 9; thence South 00°39’25” West (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone), a distance 892.50 feet along the West line of NW ¼ SW ¼ of said Section 9; thence South 89°20’35” East, a distance of 1,308.61 feet to a point on the West line of said NE ¼ SW ¼, said point being the point of beginning; thence North 36°09’50” East, a distance of 262.58 feet; thence North 69°25’13” East, a distance of 435.00 feet; thence North 34°26’08” West, a distance of 165.00 feet; thence North 05°00’03” East, a distance of 210.00 feet; thence North 46°19’55” East, a distance of 170.00 feet; thence North 36°39’43” East, a distance of 252.00 feet; thence North 31°32’07” East, a distance of 392.00 feet; thence South 89°27’15” East, a distance of 360.00 feet; thence North 77°24’35” East, a distance of 125.87 feet to the West line of an Acquisition Plat Exhibit “A” recorded in Annexation Book 14 Page 268 in said Dallas County Recorder’s Office. (Parcel # 16-09-200-003 and Parcel # 16-09-100-013 and Parcel # 16-09-300-005), and Government Lot 4 of Section 3, Township 78 North, Range 26 West of the 5th P.M. located west of the centerline of SE Waco Place Right of Way and the adjacent SE University Avenue Right of Way (Parcel # 16-03-100-001 and Parcel # 16-03-501- 003 and Parcel # 16-03-100-013 and Parcel # 16-03-100-002 and Parcel # 16-03- 100-012) Gateway Economic Development Urban Renewal Area Amendment #1 (2014) No land added or removed. Gateway Economic Development Urban Renewal Area Amendment #2 (2015) Lots 1 through 5 and Outlot Z of Williams Pointe Plat 15, an Official Plat, City of Waukee, Iowa (Parcel # 12-35-354-005, 12-35-354-006, 12-35-354-002, 12-35- 354-003, 12-35-354-004 and 12-35-354-001); and Parcel AA of Lot 2 of Williams Point Plat 7, an Official Plat, City of Waukee, Iowa (Parcel # 12-35-302-005); and Lots 1 through 3 of Autumn Ridge Plat 1, an Official Plat, City of Waukee, Iowa and the adjacent SE Olson Drive right of way (Parcel # 12-35-305-002, 12-35-306- 001 and 12-35-306-002) Gateway Economic Development Urban Renewal Area Amendment #3 (2016) Outlot B of The Point Plat 1, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel # 1227378006) and the adjoining Hickman Road (Highway 6) Right of Way from Alice’s Road to the west property line of said Outlot B, and the adjoining NE Westgate Drive Right of Way. Gateway Economic Development Urban Renewal Area Amendment #4 (2017) Lots 1 -4 of Waukee Central, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel # 1234126001, 1234126002, 1234126003, 1234126004) Gateway Economic Development Urban Renewal Area Amendment #5 (2018) Lots 1 and 2 of Stone Prairie Plat 4, an Official Plat, City of Waukee, Dallas County, Iowa and the adjoining SE Westown Parkway Right of Way and the adjoining SE LA Grant Parkway Right of Way (Parcel #1605286001, 1605286002); and, A tract of land in Government Lot 9, in the Northeast Fractional Quarter (NE frl ¼) of Section 5, Township 78 North, Range 26 West of the 5th P.M., Dallas County, Iowa, more particularly described as follows: Beginning at the Southeast corner of Government Lot 9 in the NE Fractional Quarter (NE frl ¼) of Section 5, Township 78 North, Range 26 West of the 5th P.M., Waukee, Dallas County, Iowa; thence along the South line of said Government Lot 9, thence South 83⁰01’22” West, 438.28 feet; thence North 03⁰58’45” West 453.20 feet; thence North 85⁰00’47” East, 468.25 feet to the East line of said Government Lot 9; thence South 00⁰00’00”, 439.57 feet to the point of beginning and the adjoining SE LA Grant Parkway Right of Way and the adjoining SE Westown Parkway Right of Way (Parcel # 1605200013); and, SE Westown Parkway Right of Way from SE LA Grant Parkway to Grand Prairie Parkway. Gateway Economic Development Urban Renewal Area Amendment #6 (2019) A PARCEL OF LAND LOCATED IN THE NE 1/4 SE 1/4 OF SECTION 9, TOWNSHIP 78 NORTH, RANGE 26 WEST OF THE 5TH P.M., CITY OF WAUKEE, DALLAS COUNTY, IOWA, AS RECORDED IN THE IOWA DEPARTMENT OF TRANSPORTATION LAND PATENT IN BOOK 2017, PAGE 16834 IN DALLAS COUNTY, IOWA. SAID PARCEL IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE E 1/4 CORNER OF SAID SECTION 9; THENCE S83°47'45"W 818.61 FEET ALONG THE NORTH LINE OF THE SE 1/4 OF SAID SECTION 9 TO THE POINT OF BEGINNING; THENCE S56°55'54"W 60.43 FEET; THENCE S77°29'50" W 458.76 FEET TO A POINT ON THE PRESENT NORTHERLY RIGHT OF WAY LINE OF INTERSTATE ROUTE NO. 80; THENCE N0°47'52"E 78.22 FEET ALONG SAID PRESENT NORTHERLY RIGHT OF WAY LINE; THENCE N83°47'45"E 500.36 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINS 0.56 ACRES OR 24,291 SQUARE FEET. (PARCEL #1609200009); and, A parcel of land located in the SE Quarter of the NE Quarter of Section 9, T78N, R26W of the 5th P.M., City of Waukee, Dallas County, Iowa, as recorded in the Iowa Department of Transportation Land Patent in Book 2017, Page 17058 in Dallas County, Iowa, and more particularly described as follows: Commencing at the East ¼ Corner of said Section 9; thence S83°47'45"W 818.61 feet along the south line of the NE Quarter of said Section 9 to the Point of Beginning; thence continuing S83°47'45"W 500.36 feet to a point on the present northerly right of way line of Interstate Route No. 80; thence N0°47'52"E 3.65 feet along said present northerly right of way line; thence N55°53'31"E 1596.17 feet along said present northerly right of way line to a point on east line of the SE Quarter of the NE Quarter of said Section 9; thence S0°47'17"W 364.66 feet along said east line; thence S61°30'35"W 214.35 feet; thence S60°11'43"W 485.14 feet; thence S56°55'54"W 250.40 feet to the Point of Beginning. Said parcel contains 7.61 acres (Parcel # 1609200008); and, A parcel of land located in the SW ¼ of the NW ¼ of Section 10, T78N, R26W of the 5th P.M., City of Waukee, Dallas County, Iowa, as recorded in the Iowa Department of Transportation Land Patent in Book 2017, Page 17062 in Dallas County, Iowa. Said parcel is more particularly described as follows: Commencing at the W 1/4 Corner of said Section 10; thence N0°47'17"E 391.58 feet along the west line of the NW 1/4 of said Section 10 to the Point of Beginning; thence continuing N0°47'17"E 364.66 feet to a point on the present northerly right of way line of Interstate Route No. 80; thence N55°53'31"E 100.75 feet along said present northerly right of way line; thence S34°06'29"E 304.00 feet; thence S56°48'07"W 309.40 feet to the Point of Beginning. Said parcel contains 1.43 acres or 62,088 sq. ft.; and, A parcel of land located in the SW 1/4 NW 1/4 of Section 10, T78N, R26W of the 5th P.M., City of Waukee, Dallas County, Iowa, as recorded in the Iowa Department of Transportation Land Patent in Book 2017, Page 17077 in Dallas County, Iowa. Said parcel is more particularly described as follows: Commencing at the W1/4 Corner of said Section 10; thence N0°47'17"E 391.58 feet along the west line of the NW ¼ of said Section 10; thence N56°48'07"E 309.40 feet to the Point of Beginning; thence N34°06'29"W 304.00 feet to a point on the present northerly right of way line of Interstate Route No. 80; thence N55°53'31"E 540.00 feet along said present northerly right of way line; thence S34°06'37"E 347.96 feet along said present northerly right of way line; thence S59°38'14"W 244.36 feet; thence S61°17'35"W 297.50 feet to the Point of Beginning. Said parcel contains 4.07 acres or 177,082 sq. ft. (Parcel # 1610100012). AND WAUKEE WEST URBAN RENEWAL AREA AND AMENDMENT NOS. 1 AND 2 Waukee West Urban Renewal Area Original Area (2017) THE EAST ½ OF THE NE 1/4 OF SECTION 35, TOWNSHIP 79 NORTH, RANGE 27 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA LYING SOUTH OF THE HIGHWAY 6 RIGHT OF WAY AND EXCEPT FOR THE NORTH 440 FEET OF THE WEST 262 FEET OF THE NE ¼ OF THE NE ¼ OF SECTION 35, TOWNSHIP 79 NORTH, RANGE 27 WEST AND THAT AREA WITHIN THE WEST ½ OF THE NE ¼ OF SECTION 35, TOWNSHIP 79 NORTH, RANGE 27 WEST LYING EAST OF THE CENTERLINE OF R-16 AND 440 FEET SOUTH OF THE NORTH SECTION LINE (INCLUDES THE EAST HALF OF THE ADJOINING R-16 RIGHT OF WAY AND THE SOUTH HALF OF THE ADJOINING HIGHWAY 6 RIGHT OF WAY)(PARCEL #1135200003, 1135200006, 1135200004); AND, THE SE 1/4 OF THE SE ¼ OF SECTION 35 AND THAT AREA WITHIN THE SW 1/4 OF THE SE ¼ OF SECTION 35, TOWNSHIP 79 NORTH, RANGE 27 WEST LYING EAST OF THE CENTERLINE OF R-16 (INCLUDES THE EAST HALF OF THE ADJOINING R-16 RIGHT OF WAY IN THE SE ¼ OF THE SE ¼ AND THE NORTH HALF OF THE ADJOINING 300TH STREET RIGHT OF WAY) (PARCEL #1135400005); AND, THE NW ¼ OF SECTION 36, TOWNSHIP 79 NORTH, RANGE 27 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA LYING SOUTH OF THE HIGHWAY 6 RIGHT OF WAY (INCLUDES ADJOINING SOUTH HALF OF HIGHWAY 6 RIGHT OF WAY AND THE ADJOINING WEST HALF OF RICHLAND PLACE RIGHT OF WAY) (PARCEL #1136100001, 1136100002, 1136100003, 1136100004); AND, THE SW ¼ OF SECTION 36, TOWNSHIP 79 NORTH, RANGE 27 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA (INCLUDES THE NORTH HALF OF THE ADJOINING 300TH STREET RIGHT OF WAY AND THE WEST HALF OF THE ADJOINING RICHLAND PLACE RIGHT OF WAY) (PARCEL # 1136300001, 1136300002, 1136300003, 1136300004); AND, THE EAST HALF OF SECTION 36, TOWNSHIP 79 NORTH, RANGE 27 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA EXCEPT THE EAST 7 ACRES OF THE SOUTH ½ OF THE SE ¼ OF SECTION 36, TOWNSHIP 79 NORTH, RANGE 27 WEST (INCLUDES THE ADJOINING SOUTH HALF OF HIGHWAY 6 RIGHT OF WAY, THE ADJOINING EAST HALF OF RICHLAND PLACE RIGHT OF WAY AND THE ADJOINING NORTH HALF OF 300TH STREET RIGHT OF WAY) (PARCEL # 1136200001, 1136200002, 1136200003, 1136200004, 1136400001, 1136400002, 1136400005); AND, THE NORTH ½ OF SECTION 31, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA (INCLUDES THE ADJOINING SOUTH HALF OF HIGHWAY 6 RIGHT OF WAY AND ADJOINING WEST HALF OF T AVENUE RIGHT OF WAY) (PARCEL # 1231100001, 1231100003, 1231100002, 1231100004, 1231200001, 1231200004, 1231200002, 1231200005, 1231200003); AND, THE EAST 57 ACRES OF THE NORTH ½ OF THE SE ¼ OF SECTION 31, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA (INCLUDES THE ADJOINING WEST HALF OF T AVENUE RIGHT OF WAY) (PARCEL # 1231400007); AND, THE SE ¼ OF THE SE ¼ OF SECTION 31, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA (INCLUDES THE ADJOINING WEST HALF OF T AVENUE RIGHT OF WAY AND THE ADJOINING NORTH HALF OF 300TH STREET RIGHT OF WAY) (PARCEL # 1231400008, 1231400009); AND, THE SW ¼ OF THE SW ¼ OF SECTION 32, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA (INCLUDES THE ADJOINING EAST HALF OF T AVENUE RIGHT OF WAY) (PARCEL # 1232300003); AND, THE WEST 884.19 FEET OF THE NW ¼ OF THE SW ¼ OF SECTION 31, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA AND THE EAST 660.98 FEET OF THE WEST 1545.17 FEET OF THE NW ¼ OF THE SW ¼ OF SECTION 31, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA (PARCEL # 1231300001, 1231300007); AND, THE NORTH 26.08 ACRES OF THE NE ¼ OF THE SW ¼ OF SECTION 31, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA (PARCEL # 1231300003); AND, GOVERNMENT LOT 4 AND THE NORTH 340 FEET OF THE WEST 1,337 FEET AND THE SOUTH 193 FEET OF THE NORTH 533 FEET OF THE EAST 313 FEET OF GOVERNMENT LOT 5 ALL IN SECTION 2, TOWNSHIP 78 NORTH, RANGE 27 WEST OF THE 5TH P.M. (INCLUDES THE ADJOINING SOUTH HALF OF 300TH STREET RIGHT OF WAY AND ADJOINING EAST HALF OF S AVENUE RIGHT OF WAY) (PARCEL # 1502100001, 1502100011); AND, THE SOUTH HALF OF THE NE ¼ OF SECTION 25, TOWNSHIP 79 NORTH, RANGE 27 WEST OF THE 5TH P.M., DALLAS COUNTY IOWA (INCLUDES THE ADJOINING WEST HALF OF S AVENUE RIGHT OF WAY) (PARCEL # 1125200004, 1125200003); AND, THE SE ¼ OF SECTION 25, TOWNSHIP 79 NORTH, RANGE 27 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA (INCLUDES THE ADJOINING WEST HALF OF S AVENUE RIGHT OF WAY AND THE ADJOINING NORTH HALF OF HIGHWAY 6 RIGHT OF WAY) (PARCEL # 1125400001, 1125400004, 1125400007, 1125400008, 1125400009); AND, ALL OF SECTION 30, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA, EXCEPT PARCEL "B" OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 30, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA AS SHOWN IN THE SURVEY RECORDED IN BOOK 802, PAGE 672 IN THE OFFICE OF THE DALLAS COUNTY RECORDER. (PARCEL 12-30-100-013) AND EXCEPT PARCEL “CC” OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 30, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA AS SHOWN IN THE SURVEY RECORDED IN BOOK 2015, PAGE 11658 IN THE OFFICE OF THE DALLAS COUNTY RECORDER (INCLUDES THE ADJOINING EAST HALF OF S AVENUE RIGHT OF WAY, THE ADJOINING NORTH HALF OF HIGHWAY 6 RIGHT OF WAY, THE ADJOINING WEST HALF OF T AVENUE RIGHT OF WAY AND THE ADJOINING SOUTH HALF OF 280TH STREET RIGHT OF WAY) (PARCEL 1230100015, 1230100010, 1230100006, 1230100008, 1230100009, 1230100016, 1230100005, 1230300001, 1230300002, 1230300003, 1230300006, 1230300007, 1230200001, 1230200002, 1230200003, 1230200004, 1230400001, 1230400002, 1230400003, 1230400004); AND, THE NW ¼ OF THE SW ¼ OF SECTION 29, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA (INCLUDES THE ADJOINING EAST HALF OF T AVENUE RIGHT OF WAY) (PARCEL # 1229300001); AND, THE NORTH HALF OF THE 300TH STREET RIGHT OF WAY FROM T AVENUE TO 6TH STREET (R-22) Waukee West Urban Renewal Area Amendment #1 (2018) The Northeast Quarter (NE ¼) of the Southeast Quarter (SE ¼) of Section 35, Township 79 North, Range 27 West of the 5th P.M., Adel Township, Dallas County Iowa and including that area within the NW 1/4 of the SE ¼ of Section 35, Township 79 North, Range 27 West lying East of the Centerline of R-16 and including the east half of the adjoining R-16 Right of Way. (Parcel #11-35-400- 003); and, Parcel "B" of the Northeast 1/4 of the Northwest 1/4 of section 30, township 79 north, range 26 West of the 5th p.m., Dallas County, Iowa as shown in the survey recorded in book 802, page 672 in the office of the Dallas County Recorder including the south half of 280th Street Right of Way. (Parcel 12-30-100-013); and, Parcel “CC” of the Northeast ¼ of the Northwest ¼ of section 30, township 79 north, range 26 West of the 5th p.m., Dallas County, Iowa as shown in the survey recorded in Book 2015, Page 11658 in the office of the Dallas County Recorder including the south half of 280th Street Right of Way (Parcel 12-30-100-015); and, Parcel 17-247 of the Northeast Quarter (NE ¼) of the Southwest Quarter (SW ¼) of Section 31, Township 79 North, Range 26 West of the 5th P.M., Dallas County, Iowa as shown in the survey recorded in Book 2018, Page 1530 in the office of the Dallas County Recorder (Parcel 12-31-300-008); and, The West 23 acres of the North Half (N ½) of the Southeast Quarter (SE ¼) of Section 31, Township 79 North, Range 26 West of the 5th P.M. (Parcel 12-31-400- 006); and, The Northwest Quarter (NW ¼) lying south and west of the railroad right of way in Section 29, Township 79 North, Range 26 West of the 5th P.M. and including the east half of the adjoining T Avenue right of way (Parcel 12-29-100-001, 12-29- 100-003, 12-29-100-005); and, The Highway 6 (Hickman Road) right of way from T Avenue to 10th Street (R-22); and, The 10th Street (R-22) right of way from Highway 6 (Hickman Road) to the Northwest corner of Section 28, Township 79 North, Range 26 West of the 5th P.M.; and, The Northwest Quarter (NW ¼) of Section 28, Township 79 North, Range 26 West of the 5th P.M. (Parcel 12-28-100-005, 12-28-100-006, 12-28-100-002, 12-28-100- 003, 12-28-100-004); and, The North Half (N ½) of the Southwest Quarter (SW ¼) of Section 28, Township 79 North, Range 26 West of the 5th P.M. (Parcel 12-28-300-001, 12-28-300-014); and, The North 6th Street right of way from Highway 6 (Hickman Road) to the north line of the Southeast Quarter (SE ¼) of the Southwest Quarter (SW ¼) of Section 28, Township 79 North, Range 26 West of the 5th P.M.; and, The East three fourths (E ¾) of the Southeast Quarter (SE ¼) of the Southwest Quarter (SW ¼) of Section 28 Township 79 North, Range 26 West of the 5th P.M. except Lot 1 of Waukee Development Plat, Parcel A of the Southeast Quarter (SE ¼) of the Southwest Quarter (SW ¼) of Section 28, Township 79 North, Range 26 West of the 5th P.M. and Parcel Z as recorded in Book 2011 Page 16803 in the Dallas County Recorder’s Office, Dallas County, Iowa(Parcel 12-28-300-038); and The Northwest Quarter (NW ¼) of the Southwest Quarter (SW ¼) of Section 32, Township 79 North, Range 26 West of the 5th P.M. and including the adjacent east half of T Avenue right of way (Parcel 12-32-300-001); and, The East Half (E ½) of the Southwest Quarter (SW ¼) of Section 32, Township 79 North, Range 26 West of the 5th P.M. (Parcel 12-32-300-002, 12-32-300-004); and, The Southeast Quarter (SE ¼) of Section 32, Township 79 North, Range 26 West of the 5th P.M. (Parcel 12-32-400-001, 12-32-400-002, 12-32-400-003, 12-32-400- 004); and, Government Lots 1, 2, 3, 4 and 6 in Section 6, Township 78 North, Range 26 West of the 5th P.M. and including the south half of the adjoining 300th Street right of way (Parcel 16-06-200-001, 16-06-200-002, 16-06-200-003, 16-06-200-006, 16- 06-200-007); and, The East 390.94 feet of the South 922.34 feet of the Southeast Quarter (SE ¼) of the Southwest Quarter (SW ¼) of Section 33, Township 79 North, Range 26 West of the 5th P.M. (Parcel 12-33-376-004, 12-33-376-003); and, Lots A, B and C in Section 5, Township 78 North, Range 26 West of the 5th P.M. (Parcel 16-05-100-001); and, Lot C in Glynn Village Plat 1, an Official Plat, City of Waukee, Iowa (Parcel 16- 05-202-039); and, The North 60 feet of Parcel A in Government Lots 2 and 3, Section 5, Township 78 North, Range 26 West of the 5th P.M., City of Waukee, Dallas County, Iowa as recorded in the Warranty Deed and Acquisition Plat in Book 2011, Page 14730, City of Waukee, Dallas County, Iowa; and, Lot C of Windsor West, an Official Plat, City of Waukee, Iowa; and Lot D of Corene Acres Plat 12, an Official Plat, City of Waukee, Iowa; and The University Avenue right of way from the intersection of Warrior Lane to the intersection of LA Grant Parkway; and, The Warrior Lane right of way from the intersection of University Avenue to the intersection of Ashworth Drive; and, Parcel B of Lot 15 of Corene Acres Plat 1, an Official Plat, City of Waukee, including the adjoining full right of way of Ashworth Drive and the adjoining full right of way of Northview Drive (Parcel 12-33-426-016); and, Lots 16 and 51 of Corene Acres Plat 1, an Official Plat, City of Waukee (Parcel 12- 33-431-018, 12-33-431-009). Waukee West Urban Renewal Area Amendment #2 (2018) The Southeast ¼ of Section 29, Township 79 North, Range 26 West of the 5th P.M, except the South 420 feet of the North ½ of the Southeast ¼ of Section 29, Township 79 North, Range 26 West of the 5th P.M., lying east of the former railroad right of way (Parcel # 1229400011) and including the west half of 10th Street (U Avenue) Right of Way (Parcel # 12-29-400-013, 12-29-400-012, 12-29-400-005, 12-29-400-014, 12-29-400-016, 12-29-100-006, 12-29-400-007, 12-29-400-008); and, That part of the Raccoon River Valley Trail lying in the Northwest ¼ of Section 29, Township 79 North, Range 26 West of the 5th P.M. and the Southwest of the Northeast ¼ of Section 29, Township 79 North, Range 26 West of the 5th P.M. (Parcel # 12-29-100-006). WAUKEE CENTRAL URBAN RENEWAL AREA AND AMENDMENT NO. 1 Waukee Central Urban Renewal Area (2017) PARCEL 17-140 AS DESCRIBED WITHIN THE PLAT OF SURVEY RECORDED IN BOOK 2016 PAGE 24530, DALLAS COUNTY, IOWA 50263 INCLUDES PARCEL #1232200005 Waukee Central Urban Renewal Area Amendment #1 (2018) No land added or removed. Amendment No. 1 to Waukee Consolidated Urban Renewal Area Lots 1 and 2 of Westgate Business Park Plat 3, an Official Plat, City of Waukee, Dallas County, Iowa, also known as Pro-Line Commercial Building Units 814, 818 and 822 (Parcel 12-34-481-001, 12-34-481-002, 12-34-481-003) and Pro-Line Commercial Building II Units 1-6 (Parcel 12-34-482-001, 12-34-482-002, 12-34- 482-003, 12-34-482-004, 12-34-482-005, 12-34-482-006); and, Lots 1 and 2 of Westgate Business Park Plat 4, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel 12-34-480-001, 12-34-480-002); and, Lots 1 and 3 of Prairie Crossing Plat 6, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel 12-27-477-001, 12-27-477-003); and, Lots 1 through 4, Outlot Y and Outlot Z of Prairie Crossing Plat 7, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel 12-27-451-005, 12-27-451-006, 12- 27-451-002, 12-27-451-003, 12-27-451-004, 12-27-451-001); and, Parcel 18-134 of the Survey of part of Outlot Y in Prairie Crossing Plat 3, an Official Plat, now included in and forming a part of the Cit of Waukee, Dallas County, Iowa, as shown in Book 2018, Page 18245 in the Office of the Recorder of Dallas County, Iowa (Parcel 12-27-410-011); and, Street Lots A and B of Enterprise Business Park Plat 3, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel 12-27-378-005); and, Street Lot A of Enterprise Business Park Plat 2, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel 12-27-355-004); and, Lot 5 and Street Lots B and C of Enterprise Business Park Plat 1, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel 12-27-352-001, 12-27-351-003); and, Lot 1 and Street Lots A and B of Waukee Greenway Park Plat 1, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel 12-28-477-001, 12-28-477-002); and, Parcel 18-144, Parcel 18-145, Parcel 18-146, Parcel 18-147 and Parcel 18-148 of a Plat of Survey located within the City of Waukee, Dallas County, Iowa as recorded in Book 2018 Page 23747 in the Office of the Recorder of Dallas County, Iowa (Parcel 12-28-400-017 through 12-28-400-21); and, The SE ¼ of Section 28, Township 79 North, Range 26 West of the 5th P.M. lying north of the recreational trail deeded to the State of Iowa in deeds recorded in Book 1999 Page 385 and Book 1999 Page 386 of the records of Dallas County, Iowa except property previously platted as Indi Run Plat 1, Indi Run Plat 2, Waukee YMCA Plat 1, Waukee Greenway Park Plat 1, and property included within the Plat of Survey recorded in Book 2018 Page 23747 (Parcel 12-28-400-006, 12-28- 400-015, 12-28-400-016, 12-28-400-022, 12-28-400-023). WHEREAS, City staff has caused there to be prepared a form of Amendment No. 2 to the Plan ("Amendment No. 2" or "Amendment"), a copy of which has been placed on file for public inspection in the office of the City Clerk and which is incorporated herein by reference, the purpose of which is to update previously approved projects and add to the list of eligible urban renewal projects; and WHEREAS, it is desirable that the area be redeveloped as part of the overall redevelopment covered by the Plan, as amended; and WHEREAS, this proposed Amendment No. 2 adds no new land to the Urban Renewal Area; and WHEREAS, the Iowa statutes further require the City Council to hold a public hearing on the proposed Amendment No. 2 subsequent to notice thereof by publication in a newspaper having general circulation within the City, which notice shall describe the time, date, place and purpose of the hearing, shall generally identify the urban renewal area covered by the Amendment and shall outline the general scope of the urban renewal project under consideration, with a copy of the notice also being mailed to each affected taxing entity. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF WAUKEE, STATE OF IOWA: Section 1.That the consultation on the proposed Amendment No. 2 required by Section 403.5(2), Code of Iowa, as amended, shall be held on the December 9, 2019, in the Council Chambers, City Hall, 230 West Hickman Road, Waukee, Iowa, at 2:00 P.M., and the Development Services Director, or his delegate, is hereby appointed to serve as the designated representative of the City for purposes of conducting the consultation, receiving any recommendations that may be made with respect thereto and responding to the same in accordance with Section 403.5(2), Code of Iowa. Section 2.That the City Clerk is authorized and directed to cause a notice of such consultation to be sent by regular mail to all affected taxing entities, as defined in Section 403.17(1), Code of Iowa, along with a copy of this Resolution and the proposed Amendment No. 2, the notice to be in substantially the following form: NOTICE OF A CONSULTATION TO BE HELD BETWEEN THE CITY OF WAUKEE, STATE OF IOWA AND ALL AFFECTED TAXING ENTITIES CONCERNING THE PROPOSED AMENDMENT NO. 2 TO THE WAUKEE CONSOLIDATED URBAN RENEWAL PLAN FOR THE CITY OF WAUKEE, STATE OF IOWA The City of Waukee, State of Iowa will hold a consultation with all affected taxing entities, as defined in Section 403.17(1), Code of Iowa, as amended, commencing at 2:00 P.M. on December 9, 2019, in the Council Chambers, City Hall, 230 West Hickman Road, Waukee, Iowa concerning a proposed Amendment No. 2 to the Waukee Consolidated Urban Renewal Plan for the Waukee Consolidated Urban Renewal Area, a copy of which is attached hereto. Each affected taxing entity may appoint a representative to attend the consultation. The consultation may include a discussion of the estimated growth in valuation of taxable property included in the Urban Renewal Area, the fiscal impact of the division of revenue on the affected taxing entities, the estimated impact on the provision of services by each of the affected taxing entities in the Urban Renewal Area, and the duration of any bond issuance included in the Amendment. The designated representative of any affected taxing entity may make written recommendations for modifications to the proposed division of revenue no later than seven days following the date of the consultation. The Development Services Director, or his delegate, as the designated representative of the City of Waukee, State of Iowa, shall submit a written response to the affected taxing entity, no later than seven days prior to the public hearing on the proposed Amendment No. 2 to the Waukee Consolidated Urban Renewal Plan, addressing any recommendations made by that entity for modification to the proposed division of revenue. This notice is given by order of the City Council of the City of Waukee, State of Iowa, as provided by Section 403.5, Code of Iowa, as amended. Dated this 2nd day of December, 2019. Rebecca D. Schuett City Clerk, City of Waukee, State of Iowa (End of Notice) Section 3.That a public hearing shall be held on the proposed Amendment No. 2 before the City Council at its meeting which commences at 5:30 P.M. on January 6, 2020, in the Council Chambers, City Hall, 230 West Hickman Road, Waukee, Iowa. Section 4.That the City Clerk is authorized and directed to publish notice of this public hearing in the Dallas County News, once on a date not less than four (4) nor more than twenty (20) days before the date of the public hearing, and to mail a copy of the notice by ordinary mail to each affected taxing entity, such notice in each case to be in substantially the following form: (One publication required) NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF A PROPOSED AMENDMENT NO. 2 TO THE WAUKEE CONSOLIDATED URBAN RENEWAL PLAN FOR AN URBAN RENEWAL AREA IN THE CITY OF WAUKEE, STATE OF IOWA The City Council of the City of Waukee, State of Iowa, will hold a public hearing before itself at its meeting which commences at 5:30 P.M. on January 6, 2020 in the Council Chambers, City Hall, 230 West Hickman Road, Waukee, Iowa, to consider adoption of a proposed Amendment No. 2 to the Waukee Consolidated Urban Renewal Plan (the "Amendment") concerning an Urban Renewal Area in the City of Waukee, State of Iowa, which is generally depicted in the following map: A copy of the Amendment is on file for public inspection in the office of the City Clerk, City Hall, City of Waukee, Iowa. The City of Waukee, State of Iowa is the local public agency which, if such Amendment is approved, shall undertake the urban renewal activities described in such Amendment. The general scope of the urban renewal activities under consideration in the Amendment is to promote the growth and retention of qualified industries and businesses in the Urban Renewal Area through various public purpose and special financing activities outlined in the Amendment. To accomplish the objectives of the Plan, as amended, and to encourage the further economic development of the Urban Renewal Area, the Amendment provides that such special financing activities may include, but not be limited to, the making of loans or grants of public funds to private entities under Chapter 15A, Code of Iowa. The City also may reimburse or directly undertake the installation, construction and reconstruction of substantial public improvements, including, but not limited to, street, water, sanitary sewer, storm sewer or other public improvements. The City also may acquire and make land available for development or redevelopment by private enterprise as authorized by law. The Plan, as amended, provides that the City may issue bonds or use available funds for purposes allowed by the Plan and that tax increment reimbursement of the costs of urban renewal projects may be sought if and to the extent incurred by the City. The Amendment initially proposes no specific public infrastructure or site improvements to be undertaken by the City. The proposed Amendment No. 2 would update previously approved projects and add to the list of eligible urban renewal projects. The proposed Amendment adds no new land. Other provisions of the Plan not affected by the Amendment would remain in full force and effect. Any person or organization desiring to be heard shall be afforded an opportunity to be heard at such hearing. This notice is given by order of the City Council of the City of Waukee, State of Iowa, as provided by Section 403.5, Code of Iowa. Dated this 2nd day of December, 2019. Rebecca D. Schuett City Clerk, City of Waukee, State of Iowa (End of Notice) Section 5.That the proposed Amendment No. 2, attached hereto as Exhibit 1, for the Urban Renewal Area described therein is hereby officially declared to be the proposed Amendment No. 2 referred to in the notices for purposes of such consultation and hearing and that a copy of the Amendment shall be placed on file in the office of the City Clerk. PASSED AND APPROVED this 2nd day of December, 2019. Mayor ATTEST: City Clerk Label the Amendment as Exhibit 1 (with all exhibits) and attach it to this Resolution. - 1 - Final Version AMENDMENT NO. 2 to the WAUKEE CONSOLIDATED URBAN RENEWAL PLAN for the WAUKEE CONSOLIDATED URBAN RENEWAL AREA Gateway Economic Development Urban Renewal Area, Waukee West Urban Renewal Area, and Waukee Central Urban Renewal Area CITY OF WAUKEE, IOWA Amendment No. 1 – November 2019 Amendment No. 2 – January 2020 - 2 - Final Version AMENDMENT NO. 2 to WAUKEE CONSOLIDATED URBAN RENEWAL PLAN CITY OF WAUKEE, IOWA INTRODUCTION The City of Waukee, Iowa (the “City”) adopted Amendment No. 1 to the Waukee Consolidated Urban Renewal Plan (“Plan” or “Urban Renewal Plan”) by Resolution No. 19-402 on November 4, 2019, in order to consolidate the City’s previously established Gateway Economic Development Urban Renewal Area, Waukee West Urban Renewal Area, and Waukee Central Urban Renewal Area into the Waukee Consolidated Urban Renewal Area (“Area” or “Urban Renewal Area”). The Urban Renewal Plan is being amended by this Amendment No. 2 (“Amendment” or “Amendment No. 2”) to update the list of previously approved projects and the list of eligible urban renewal projects. This Amendment adds no new land to the Area. Except as modified by this Amendment, the provisions of the 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. Any subsections in the Plan not mentioned in this Amendment shall continue to apply to the Plan, as amended. DEVELOPMENT PLAN The City has a general plan for the physical development of the City as a whole outlined in the Waukee Comprehensive Land Use Plan, adopted by the City in 2019. The goals and objectives of the Urban Renewal Plan, and this Amendment, including the urban renewal projects described herein, are in conformity with the 2019 Comprehensive Plan. The Urban Renewal Plan, as amended, 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, as amended. As the Area develops, the need for public infrastructure extensions and upgrades will be evaluated and planned for by the City. - 3 - Final Version UPDATE TO PREVIOUSLY APPROVED URBAN RENEWAL PROJECTS Numerous urban renewal projects were authorized prior to the date of this Amendment No. 2 and are continuing, including but not limited to the following (with updates as applicable): A. Development Agreement with Midtown Waukee Holdings, LLC: The City previously approved a development agreement with Midtown Waukee Holdings, LLC (“Developer”), under the Development Agreements (Future) project authorization included in Amendment No. 1 to the Plan. Pursuant to the Agreement, Developer agreed to construct six commercial buildings comprising an approximately 255,000 square feet entertainment district, together with all related site improvements (the “Minimum Improvements”), on certain real property located within the Urban Renewal Area. In consideration for Developer’s obligations under the Agreement, the City will make up to twelve (12) annual payments of Economic Development Grants to Developer, each consisting of 80% 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, up to a cumulative total for all such payments to Developer not to exceed $19,700,000. B. Agreement with Kettleview, L.L.C. Under authority granted by the Gateway Economic Development Urban Renewal Plan, as previously amended, the City entered into a Development Agreement (the "Original Agreement") with Kettleview, L.L.C. (the “Developer”), pursuant to which the Developer agreed to cause certain Minimum Improvements to be constructed on certain real property located within the Gateway Economic Development Urban Renewal Area and to use commercially reasonable efforts to obtain tenants or purchasers to employ employees in the Minimum Improvements. On November 4, 2019, the City approved an Amended and Restated Agreement which replaced the Original Agreement and made changes to terms relating to the description of the Minimum Improvements, the completion dates, the Economic Development Grant schedules, and the Minimum Assessment Agreement. Pursuant to the Amended and Restated Agreement, the City will construct certain Public Improvements and will provide Developer with Economic Development Grants for five (5) distinct phases of development as further described in the Amended and Restated Agreement, with the Grants for each phase to be made as five (5) consecutive annual payments, each annual payment in the amount of 100% of the Tax Increment generated by the commercial development in that particular phase, not to exceed $4,100,000 in the aggregate, under the terms and conditions of the Amended and Restated Agreement. The aggregate grant maximum included in the Amended and Restated Agreement is a reduction from the Original Agreement which included a $5,300,000 maximum. The Amended and Restated Minimum Assessment Agreement establishes an aggregate value for the completed Minimum Improvements at $53,900,000. ELIGIBLE URBAN RENEWAL PROJECTS (Amendment No. 2) Although certain project activities may occur over a period of years, the Eligible Urban Renewal Projects under this Amendment No. 2 include: - 4 - Final Version 1.Development Agreements: A. Waukee Crossing, LLC (or related entity): The City anticipates entering into a development agreement with Waukee Crossing, LLC (or a related entity) (“Developer”), pursuant to which Developer would construct commercial buildings and related parking and site improvements on certain real property within the Urban Renewal Area. The commercial buildings are anticipated to house various commercial and retail businesses. The agreement would also require the construction of certain public improvements including NW 2nd Street from Hickman Road through and including its intersection with NW Venture Drive, and the north turning lane on east bound Hickman Road. Construction is expected to be completed in 2022. The City expects to make Economic Development Grants to Developer in the form of rebates of incremental taxes generated by the project, over period of nine (9) years. The cost of such grants shall not exceed $376,000 and will be subject to the terms and conditions of a detailed development agreement. B. Future Development Agreements: The City expects to consider requests for development agreements for projects that are consistent with the 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 the Plan, including but not limited to land, loans, grants, rebates, public infrastructure assistance and other incentives. The costs of such development agreements will not exceed $15,000,000 - $20,000,000. FINANCIAL DATA 1. July 1, 2019, constitutional debt limit: $104,866,529 2. Current outstanding general obligation debt: $65,854,024 3. Proposed amount of indebtedness to be incurred (Amendment No. 2): A specific amount of debt to be incurred for the Eligible Urban Renewal Projects (Amendment No. 2) described in this Amendment has not yet been determined. This document is for planning purposes. The estimated project costs in this Amendment 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 No. 2) as described above will be approximately: $15,376,000 – $20,376,000 This estimate does not include financing costs which may be incurred over the life of the Plan - 5 - Final Version REPEALER AND SEVERABILITY Any parts of the Urban Renewal Plan in conflict with this Amendment No. 2, are hereby repealed. In the event one or more provisions contained in the Urban Renewal Plan or this Amendment No. 2 shall be held for any reason to be invalid, illegal, unauthorized or unenforceable in any respect, such invalidity, illegality, unauthorization or enforceability shall not affect any other provision of the Plan or this Amendment No. 2, and the Plan and this Amendment No. 2 shall be construed and implemented as if such provisions had never been contained herein. EFFECTIVE PERIOD This Amendment No. 2 will become effective upon its adoption by the City Council. The Urban Renewal Plan, as amended, shall remain in effect until repealed by the City Council. During the life of the Plan, the City Council may designate all or any portion of the property covered by the Plan as a “tax increment area.” With respect to any property covered by this Plan which is included in an ordinance which designates that property as a tax increment area, the use of incremental property tax revenues, or the “division of revenue,” as those words are used in Chapter 403 of the Code of Iowa, is limited to twenty (20) years from the 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 revenue attributable to the portion of the Area within the ordinance. The division of revenues shall continue within any tax increment area, for the maximum period allowed by law. 01656128-1\21938-219