HomeMy WebLinkAbout2023-03-06 Resolution 2023-096_Second Amendment to Development Agreement, The Quarter at Waukee LLCRESOLUTION NO. 2023-096
RESOLUTION APPROVING AND AUTHORIZING
EXECUTION OF A SECOND AMENDMENT TO THE
AGREEMENT FOR PRIVATE DEVELOPMENT BY AND
BETWEEN THE CITY OF WAUKEE AND THE QUARTER AT
WAUKEE, L.L.C.
WHEREAS, by Resolution No. 2022-535, adopted December 19, 2022, 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 Quarter Commercial Urban
Renewal Plan (the "Plan" or "Urban Renewal Plan") for The Quarter Commercial 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, it is desirable that properties within the Area be redeveloped as part of the
overall redevelopment area covered by said Plan; and
WHEREAS, the City of Waukee, Iowa ("City") and The Quarter at Waukee, L.L.C.
("Developer") previously entered into an Agreement for Private Development dated December 19,
2022 ("Agreement"), pursuant to which, among other things, the Developer agreed to construct
certain Minimum Improvements (as defined in the Agreement) on certain real property located
within the Urban Renewal Area (the "Development Property") and the City agreed to provide
certain incentives described as "Economic Development Grants" to the Developer in exchange for
Developer's obligations under the terms and conditions of the Agreement; and
WHEREAS, the parties previously entered into a First Amendment to the Agreement for
Private Development and Minimum Assessment Agreement on January 16, 2023 ("First
Amendment") to: (a) amend the description of some of the Buildings being constructed as part of
the Minimum Improvements; (b) amend the minimum actual values for some of the Buildings to
be constructed on the Development Property; and (c) revise the Economic Development Grant
schedules for some of the Buildings to be constructed on the Development Property; and
WHEREAS, the City and Developer now propose to amend the Agreement, pursuant to a
Second Amendment to the Agreement for Private Development ("Second Amendment"), to amend
the deadline for Developer's acquisition of certain Development Property, as legally defined in the
Second Amendment; and
WHEREAS, Iowa Code Chapters 15A and 403 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 Agreement, as proposed to be amended
by the Second Amendment, is in the best interests of the City and the residents thereof and that the
performance by the City of its obligations thereunder is a public undertaking and purpose and in
furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement, as proposed
to be amended by the Second Amendment, and the City's performance thereunder is in furtherance
of appropriate economic development activities and objectives of the City within the meaning of
Chapters 15A and 403 of the Iowa Code taking into account any or all of the factors set forth in
Chapter 15A, to wit:
a. Businesses that add diversity to or generate new opportunities for the Iowa
economy should be favored over those that do not.
b. Development policies in the dispensing of the funds should attract, retain, or expand
businesses that produce exports or import substitutes or which generate tourism -
related activities.
C. Development policies in the dispensing or use of the funds should be targeted
toward businesses that generate public gains and benefits, which gains and benefits
are warranted in comparison to the amount of the funds dispensed.
d. Development policies in dispensing the funds should not be used to attract a
business presently located within the state to relocate to another portion of the state
unless the business is considering in good faith to relocate outside the state or unless
the relocation is related to an expansion which will generate significant new job
creation. Jobs created as a result of other jobs in similar Iowa businesses being
displaced shall not be considered direct jobs for the purpose of dispensing funds.
NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
WAUKEE IN THE STATE OF IOWA:
Section 1. That the performance by the City of its obligations under the Agreement, as
amended by the Second 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
Agreement, as amended by the Second Amendment, and the City's performance thereunder is in
furtherance of appropriate economic development activities and objectives of the City within the
meaning of Chapters 15A and 403 of the Iowa Code, taking into account the factors set forth
therein.
Section 2. That the form and content of the Second Amendment, the provisions of which
are incorporated herein by reference. be and the same hereby are in all respects authorized,
approved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized,
empowered and directed to execute, attest, seal and deliver the Second Amendment for and on
behalf of the City in substantially the form and content now before this meeting, but with such
changes, modifications, additions or deletions therein as shall be approved by such officers, and
that from and after the execution and delivery of the Second Amendment, the Mayor and the City
Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute
all such documents as may be necessary to carry out and comply with the provisions of the
Agreement, as amended by the Second Amendment, as executed.
PASSED AND APPROVED this 61" day of March, 2023.
ATTEST:
City Clerk
RESULTS OF VOTE:
AYE
Anna Bergman Pierce
R. Charles Bottenberg
X
Chris Crone
X
Larry R. Lyon
X
Ben Sinclair
X
i
Mayor
NAY ABSENT ABSTAIN
X