Loading...
HomeMy Public PortalAboutResolution #2016-13, Resolution Approving And Authorizing Execution Of A Development Agreement By And Among The City Of Riverdale, Brenny's Investments LLC, And Brenny's Motorcycle Clinic, Inc. RESOLUTION NO. d0/6' "I3 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT BY AND . AMONG THE CITY OF RIVERDALE, BRENNY'S INVESTMENTS LLC, AND BRENNY'S MOTORCYCLE CLINIC, INC. WHEREAS, by Resolution No. 2014-21, adopted November 18, 2014, 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 State Street Urban Renewal Plan (the "Plan") for the Riverdale State Street Urban Renewal Plan(the "Urban Renewal Area" or "Area") described therein, which Plan as amended, is on file in the office of the Recorder of Scott County; and WHEREAS, the City has also adopted Ordinance No. 2014-189 (the "Ordinance") under which incremental tax revenues from the Urban Renewal Area are to be deposited into a special tax increment fund of the City pursuant to Section 403.19 of the Code; 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 has received a proposal from Brenny's Investments LLC (the "Developer") and Brenny's Motorcycle Clinic, Inc. (the "Tenant"), in the form of a proposed Development Agreement (the "Agreement")by and among the City, Tenant, and the Developer, pursuant to which, among other things, the Developer would agree to construct certain Minimum Improvements (as defined in the Agreement) on certain real property located within the Riverdale State Street Urban Renewal Plan as defined and legally described in the Agreement and consisting of the construction of a new 29,000 square foot building addition to be used to expand the Tenant's existing motorcycle show room located on the Development Property, together with all related site improvements, as outlined in the proposed Development Agreement; and WHEREAS, the Agreement further proposes that the City will make up to five (5) consecutive annual payments of Economic Development Grants to Developer consisting of a decreasing percentage of the Tax Increments pursuant to Iowa Code Section 403.19 generated by the construction of the Minimum Improvements, the cumulative total for all such payments not to exceed the lesser of One Hundred Fifty Thousand Dollars ($150,000) or the amount accrued under the formula outlined in the proposed Development Agreement, under the terms and following satisfaction of the conditions set forth in the Agreement; and WHEREAS, one of the obligations of Developer(s) relates to employment retention and/or creation; and WHEREAS, Iowa Code Chapters 15A and 403 authorize cities to make loans and grants for economic development in furtherance of the objectives of an urban renewal project and to 1 .P..x3Aa••• .•,ShEz• 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 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 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; and WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to approve and authorize execution of the Agreement and has considered the extent of objections received from residents or property owners as to said proposed Agreement; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF RIVERDALE IN THE STATE OF IOWA: Section 1. That the performance by the City of its obligations under the Agreement, including but not limited to making of loans and grants to the Developer in connection with the development of the Development Property under the terms set forth in the Agreement, 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 and the City's performance thereunder is in furtherance of appropriate economic development activities and objectives of the City within the 2 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 Agreement, 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 Agreement 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 Agreement, 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 executed. PASSED AND APPROVED this 7th day of June, 2016. ,,2erYIT P,,,kkedc Mayor ATTEST: ley)c City Clerk 3 y�.'" „a, y i.,.:n-a^£ ';.. rnr.s8,.-..' ,rzzr,ta*..N.+m.. .n,.g:? ,.,a�:tizi..� rSr,m�.a: :G+,..?a,,:: ';..�.. .-•",t..."`�` f„``,M ".,T.ns;`t3,s `,€ �2 i.?. . .' '"Ft#a'S3% s4 ,7 . CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF SCOTT ) I, the undersigned City Clerk of the City of Riverdale, State of Iowa,do hereby certify that attached is a true and complete copy of the portion of the corporate records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment,which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of public hearing and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of the agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending,prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this 7 day of SLne ,2016. .4,►taa1i City Clerk, City of Riverdale, State of Iowa (SEAL) 01236344-1\22647-006 1