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HomeMy Public PortalAboutResolutions-2017-025 DocuSign Envelope ID: BEFED462-FABA-4AA5-8DB6-910AA539D0CE Tiffin/436989-16/Set Date Dev Agmt AA SET DATE FOR HEARING ON DEVELOPMENT AGREEMENT AND TAX INCREMENT PAYMENTS (DERS Development, LLC) 436989-16 Tiffin, Iowa May 2, 2017 A meeting of the City Council of the City of Tiffin, Iowa, was held at seven p.m., on May 2, 2017, at the City Hall Council Chambers, Tiffin, Iowa, pursuant to the rules of the Council. The Mayor presided and the roll was called, showing members present and absent as follows: Present: Peggy Upton, Jim Bartels, Al Havens, Mike Ryan, Jo Kahler. Absent: None. Council Member Ryan introduced the resolution next hereinafter set out and moved its adoption, seconded by Council Member Havens; and after due consideration thereof by the City Council, the Mayor put the question upon the adoption of said resolution, and the roll being called, the following named Council Members voted: Ayes: Peggy Upton, Jim Bartels, Al Havens, Mike Ryan, Jo Kahler. Nays: None. Whereupon, the Mayor declared said resolution duly adopted, as follows: -1- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: BEFED462-FABA-4AA5-8DB6-910AA539D0CE Tiffin/436989-16/Set Date Dev Agmt AA RESOLUTION NO. 2017-025 Resolution Setting a Date of Meeting at which it is Proposed to Approve a Development Agreement with DERS Development, LLC, Including Annual Appropriation Tax Increment Payments in an Amount not to Exceed $10,000,000 with all laws applicable to the City, and in particular the provisions of Chapter 403 of the Code of Iowa, has adopted an Urban Renewal Plan for the 2017 Park Place Commercial Urban Renewal Area WHEREAS, this City Council has adopted an ordinance providing for the division of taxes levied on taxable property in the Urban Renewal Area pursuant to Section 403.19 of the Code of Iowa and establishing the fund referred to in Subsection 2 of Section 403.19 of the Code of Iowa, which fund and the portion of taxes referred to in that subsection may be irrevocably pledged by the City for the payment of the principal and interest on indebtedness incurred under the authority of Section 403.9 of the Code of Iowa to finance or refinance in whole or in part projects in the Urban Renewal Area; and WHEREAS, the City proposes to enter into a certain development agreement (the DERS Development, LLC in connection withthe development of commercial real estate and the corresponding construction of improvements to Park Road, Oakdale Road and Forevergreen Road necessary for such commercial development; and WHEREAS, the Development Agreement would provide financial incentives to the Developer in the form of annual appropriation incremental property tax payments in an amount not to exceed $10,000,000 under the authority of Section 403.9(1) of the Code of Iowa; and WHEREAS, it is necessary to set a date for a public hearing on the Development Agreement, pursuant to Section 403.9 of the Code of Iowa; NOW THEREFORE, IT IS RESOLVED by the City Council of the City of Tiffin, Iowa, as follows: Section 1. This City Council shall meet on May 16, 2017, at seven p.m., at the Tiffin City Hall Council Chambers, in the City, at which time and place proceedings will be instituted and action taken to approve the Development Agreement and to authorize the annual appropriation incremental property tax payments. Section 2. The City Clerk is hereby directed to give notice of the proposed action, the time when and place where said meeting will be held, by publication at least once not less than four days and not more than twenty days before the date of said meeting in a legal newspaper of general circulation in the City. Said notice shall be in substantially the following form: -2- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: BEFED462-FABA-4AA5-8DB6-910AA539D0CE Tiffin/436989-16/Set Date Dev Agmt AA NOTICE OF MEETING FOR APPROVAL OF DEVELOPMENT AGREEMENT WITH DERS DEVELOPMENT, LLC AND AUTHORIZATION OF ANNUAL APPROPRIATION TAX INCREMENT PAYMENTS The City Council of the City of Tiffin, Iowa, will meet at the City Hall Council Chambers on May 16, 2017, at ock p.m., at which time and place proceedings will be instituted and action taken to approve a Development Agreement between the City and DERS Development, LLC in connection withthe development of commercial real estate in the 2017 Park Place Commercial Urban Renewal Area and the corresponding construction of improvements to Park Road, Oakdale Road and Forevergreen Road necessary for such commercial development therein,which Agreement provides for certain financial incentives in the form of incremental property tax payments to the Developer in a total amount not exceeding $10,000,000 as authorized by Section 403.9 of the Code of Iowa. The Agreement to make incremental property tax payments to the Developer will not be a general obligation of the City, but will be payable solely and only from incremental property tax revenues generated within the 2017 Park Place Commercial Urban Renewal Area. Some or all of the payments under the Development Agreement may be made subject to annual appropriation by the City Council. At the meeting, the City Council will receive oral or written objections from any resident or property owner of the City. Thereafter, the Council may, at the meeting or at an adjournment thereof, take additional action to approve the Development Agreement or may abandon the proposal. This notice is given by order of the City Council of Tiffin, Iowa, in accordance with Section 403.9 of the Code of Iowa. Doug Boldt City Administrator -3- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: BEFED462-FABA-4AA5-8DB6-910AA539D0CE Tiffin/436989-16/Set Date Dev Agmt AA Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. This resolution shall be in full force and effect immediately upon its adoption and approval, as provided by law. Passed and approved May 2, 2017. Mayor Attest: City Clerk -4- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: BEFED462-FABA-4AA5-8DB6-910AA539D0CE Tiffin/436989-16/Set Date Dev Agmt AA On motion and vote the meeting adjourned. Mayor Attest: City Clerk -5- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: BEFED462-FABA-4AA5-8DB6-910AA539D0CE Tiffin/436989-16/Set Date Dev Agmt AA STATE OF IOWA COUNTY OF JOHNSON SS: CITY OF TIFFIN I, the undersigned, City Clerk of the City of Tiffin, hereby certify that the foregoing is a true and correct copy of the minutes of the Council of the City relating to the adoption of a resolution to fix a date of meeting at which it is proposed to take action to approve a Development Agreement. I do further certify that the notice of hearing, to which the printed slip attached to the date and in the newspaper specified in such affidavit, which newspaper has a general circulation in the City. WITNESS MY HAND this ____ day of ________________, 2017. City Clerk (PLEASE NOTE: Do not sign and date this certificate until you have checked a copy of the published notice and have verified that it was published on the date indicated in the -6- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA DocuSign Envelope ID: BEFED462-FABA-4AA5-8DB6-910AA539D0CE April 28, 2017 Via Email Doug Boldt City Administrator/City Hall Tiffin, IA Re: Development Agreement (DERS Development, LLC) Our File No. 436989-16 Dear Doug: Attached please find proceedings to enable the City Council to act on May 2, 2017to set May 16, 2017 as the date for a public hearing on the proposed Development Agreement with DERS Development, LLC, including the proposal for tax increment payments. A draft of the Development Agreement will follow soon for review and comment. The notice of public hearing on the Agreement must be published once, not less than four (4) and not more than twenty (20) days prior to the City Council meeting at which the hearing will be held. Please print an extra copy of the notice for delivery to the newspaper. Please insert the time and place of the hearing in both the resolution and the notice and fax a copy of the published notice to us at (515) 283-1060. We will prepare and forward to you in time for the May 16, 2017 meeting the necessary proceedings to approve the Agreement. We would appreciate receiving one fully executed copy of these proceedings as soon as they are available. Please contact Amy Bjork or me if you have questions. Best regards, John P. Danos Attachments cc: Ashley Jay-Platz Certificate Of Completion Envelope Id: BEFED462FABA4AA58DB6910AA539D0CEStatus: Completed Subject: Please DocuSign: 2017-032 Set Public Hearing Date to Rezone Village Phase 3.docx, 2017-024 - H... Source Envelope: Document Pages: 27Signatures: 26Envelope Originator: Supplemental Document Pages: 0Initials: 0ASHLEY PLATZ Certificate Pages: 5 AutoNav: EnabledPayments: 0300 Railroad St EnvelopeId Stamping: EnabledPO Box 259 Time Zone: (UTC-08:00) Pacific Time (US & Tiffin, IA 52340 Canada)AJAY@TIFFIN-IOWA.ORG IP Address: 10.102.101.11 Record Tracking Status: OriginalHolder: ASHLEY PLATZLocation: DocuSign 5/18/2017 8:17:11 AM AJAY@TIFFIN-IOWA.ORG Signer EventsSignatureTimestamp Steve BernerSent: 5/18/2017 8:45:33 AM steven.lee.berner@gmail.comViewed: 5/18/2017 9:51:16 AM Security Level: Email, Account Authentication Signed: 5/18/2017 9:52:43 AM (None) Using IP Address: 199.120.90.9 Electronic Record and Signature Disclosure: Accepted: 5/18/2017 9:51:16 AM ID: 917e34a5-3343-4a38-b943-5a2bc79316f7 Doug BoldtSent: 5/18/2017 9:52:46 AM dboldt@tiffin-iowa.orgViewed: 5/18/2017 9:54:23 AM Security Level: Email, Account Authentication Signed: 5/18/2017 9:54:54 AM (None) Using IP Address: 69.63.16.128 Electronic Record and Signature Disclosure: Accepted: 11/15/2016 7:19:16 AM ID: e71e6fed-796e-4f6c-b8a2-9a25882d8617 In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Notary EventsTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted5/18/2017 9:52:46 AM Certified DeliveredSecurity Checked5/18/2017 9:54:23 AM Signing CompleteSecurity Checked5/18/2017 9:54:54 AM Envelope Summary EventsStatusTimestamps CompletedSecurity Checked5/18/2017 9:54:54 AM Payment EventsStatusTimestamps Electronic Record and Signature Disclosure CONSUMER DISCLOSURE From time to time, CITY OF TIFFIN, IOWA (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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