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HomeMy WebLinkAbout2014-923-10/20/2014 Illlllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Doc ID: 006858610001 Type: GEN Recorded: 09/10/2015 at 04:15:-19 PM Fee Amt: $7.00 Pape 1 of 1 Black Hawk County Iowa SANDIE L. SMITH RECORDER ^ Q((��n File 016-00004 8 V 2 *Prepared by Carol~ Nemmers, Deputy City Clerk, City of Waterloo, r 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . I RESOLUTION NO. 2014-923 RESOLUTION APPROVING AMENDMENT TO DEVELOPMENT AGREEMENT WITH HOTEL PRESIDENT PARTNERS, LP AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, - that the amendment to Development Agreement dated October 20, 2014, for the redevelopment of 500 Sycamore Street, revising the previous tax rebate schedule of 10 years to 900, 800, 700, 60%, ' 400, 300, 200, 20%, 20%, 100, by and between Hotel President Partners, LP and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized 'to { execute the. same in behalf of the City of Waterloo, Iowa. ASSED4ANDADOPTED this 20th day of October, 2014 . ,apt ,ti+� ,� 4 F •�f tier ,y2 r �• Firt � rt: A t;jG�lr'i}ft'y I� rA r�, ?�+ t fit is\mJflk Ernest G. Clark Mayor !�", : r ®R�1; y� Sulzy` Se res, CMC City Cle yky: } t Doc ID: 006858620004 Type: GEN Recorded: 09/10/2015 at 04:16:17 PM Fee Amt: $22.00 Page 1 of 4 Black Hawk County Iowa SANDIE L. SMITH RECORDER File2016-00004863 M1.a Y C 41�sa t -P-re-pa-re-d- b Noel A-nd m-o-n 715 Mulberry Street Waterloo, IA 50703.$ Phone 319.291 A366......... --- a FIRST AMENDMENT TO DEVELOPMENT AGREEMENT This First Amendment to.Develo Development Agreement (the"Amendment") is entered into as p 9 of oC =o�� ?n 2014 by and between the City of Waterloo, Iowa ("City") and Hotel President Partners, LP ("Company"). . . a y RECITALS A., 'Company and City are parties to that certain Development Agreement dated ZZ`; 2014 (the "DA"), concerning the development of land (the" "P ") described on Exhibit "A"to the DA. Company and City are also parties to that certain Minimuni,Assessment Agreement (the "MAA") pertaining to the Property. B., The parties desire to amend'tfle DA,on the terms set forth herein. NOW, THEREFORE, in consideration of the premises and of,other consideration, the receipt and sufficiency of which is hereby,acknowledged, the,parties hereby'agree to amend the e Agreement as follows: ^ a n 1. Section 4 of the DA is hereby stricken in its entirety, and a"new.Section 4 is substituted therefor, as follows: , u .. 8 4. Property° Tax Rebates., Provided that Company has execuied the Minimum Assessment Agreement as set forth in paragraph 2, City agrees to rebate property taxes (with the exceptions noted below) as follows: wk - „ a. Year One - 90% Rebate b. Year Two - 80% Rebate C. Year Three - 70% Rebate d. Year Four - 60% Rebate 'e. Year Five - 40% Rebate f. Year Six - ,30% Rebate g. Year Seven- 20%Rebate h. Year Eight - 20% Rebate.. i. Year Nine -' 20% Rebate j.. Year Ten - j 0%Rebate _ a n for any taxable value over the'January 1, 2011 valLib,of $239,850.00. Rebates are 'payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year. The taxable, value of the Property`asa result of the' improvements 'must be Ancreased-by a minimum of 10% and,must increase the-annual tax by a- minimum of $500.00. This; rebate program is not applicable to any special assessment levy, debt service levy, or any other levy (such as the` Self-Supported Mun,icipal Improv6me'nt District) that is exempted from treatment as tax increment financing under the,provisions of applicable law. The first year in-which a rebate may be given ('.',Year,One") shall be the,first full year for which the-assessment,is basedL ub6m the co.,mpleted, vaU6 of the improvements and not a prior year for which the assessment is based solely uponthe. value of the land or upon the value-of theland acid a'partial value of the improvements, due to partial completion of the improvements or'a'partial tax year, 2. Except as amended herein, the DA,'" hall continue unmodified in fbll,force'and effect. This Amendment is binding on the partie's and the respective successors, assigns, transferees and legal representatives of each. This Amendment may belexecuted in counterparts, each of which shall be deemed,an'original and all of which, when takE;n together, shall constitute'a single instrument. 9 IN WITNESS WHEREOF, the parties have executed this First Amendment to- Pevelopment Agreement by'their duly authorized fepresentatives as of the date first set forth above., HOTEL PRESIDENT PARTNERS, LP CITY OF WATERLOO, IOWA By: By. rnest G. Clark May6r Title: By:. STATE OF ss. COUNTY) This record was acknowledged before me on 2014 by as of Hotel President Partners, LP. 2 i Notary Public STATE OF IOWA ) } Ss. fi BLACK HAWK COUNTY } h This record was acknowledged before me on OI 22,r770 , by Ernest G. Clark and Suzy'Schares, as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. 4u ••" SHELLIE L CRISMAN Na ry ublic COMMISSION NO.778M • MY ISSM E7PF 9 F SEEATTACHED DATE NOTARIZED CERTIFICATE mm � 1 I a .. i • ' 1 Certificate of knowled ment _ A notary public or other officer completing this certificate verifies only the identity of the Y individual who signed the document to which-this certificate is attached, and not the , truthfulness, accuracy, or validity of that document. k, State of California County of Los Angeles On r(/V Cts ✓ before me, June G. Moscov, Notary Public, personally'(Zppear ,d- who whoproved to me on the basis o satisfactory evidence to be the person whose namet is/are-subscribed to the within instrument and acknowl dged to me.that'ZIsIm/ executed the same in his/ their authorized capacity ' and that by his/herftheir signator s} on the 'nstrument the person or the entity upon behalf of which- e person acted, executed' . the instrument. I..certify .Inder'PENALTY OF PERJURY under the laws of the State of California,that the"foregoing paragraph is true and correct:, WITNESS my hand and official seal. JUNE G.,MOSCOV Commission�2059811 z Notary Public-California Z , Los Angeles County M Comm.Expires Mar 2,2018 Si nature of Notary Publi, (Notary Seal) ADDITIONAL INFORMATION Description of the Attached'Document ' (Title" r Description of Attached Document) Number of Pages Document Date '? (Additional Information) e