HomeMy WebLinkAboutA031 - Minimum Assessment Agreement dated November 13, 2018 r
Instrument a: 2020-00149
01/06/2020 08:17:37 AM Total Pages: 4
00 OTHER
Recording Fee: $ 22.00
Stacie Herridge, Recorder, Story County Iowa
1111 ki.& W.PA i1.7ll1411■1911114W Will 11111
DO NOT WRITE IN THE SPACE ABOVE THIS LINE;RESERVED FOR RECORDER
Prepared by: Mark O.Lambert,Ames City Attomey,515 Clark Ave.,Ames,lA 50010;(515)239-5146
Return recorded document to: Ames City Clerk,515 Clark Ave.,P.O.Box 811.Ames.1A 50010
BARILLA AMERICA,INC.MINIMUM ASSESSMENT AGREEMENT
This Minimum Assessment Agreement is entered into this 13tn day of November, 2018, by and
between the City of Ames, Iowa (hereinafter "City"), Barilla America, Inc., (hereinafter
"Developer"), and the City Assessor for the City of Ames, Iowa(hereinafter"Assessor").
WITNESSETH:
WHEREAS, on or about November 13, 2018, City and Developer have entered into a
Development Agreement with Tax Increment Rebate Incentives and Project Development
Requirements (the "Development Agreement") regarding certain real property located in City;
and
WHEREAS, it is contemplated that pursuant to said Development Agreement,
Developer will undertake the redevelopment of property within City (hereinafter referred to as
"Real Property")which is described as follows:
Parcel "B" being a part of the Southeast Quarter (SE '/4) and East Half (E ''/2) of the
Southwest Quarter (SW %4), Section Six (6), Township Eighty-three (83) North, Range
Twenty-three (23) West of the 5th P.M., City of Ames, Story County, Iowa as described
in a Plat of Survey filed in the office of the Recorder of Story County, Iowa, on July 22,
1997, in Certificate&Field Notes Book 15, Page 18.
and
Beginning at a point on the South Line of the Southeast Quarter (SE '/4) of Section Six
(6), Township Eighty-three (83) North, Range Twenty-three (23) West of the 5th P.M.,
Story County, Iowa, Four Hundred Seventy-seven (477) Feet East of the South Quarter
(S '/4) Corner of said Section Six (6); thence North 2° 03' East Four Hundred Fifty Five
(455) Feet; thence East Three Hundred Sixty-eight (368) Feet; thence South 20 03' West
Four Hundred Fifty-five (455) Feet; thence West along the Section line Three Hundred
Sixty-eight(368) Feet to the Point of Beginning, now in the City of Ames, Iowa, subject
to easements to the State of Iowa recorded in Book 98, Page 123 and Book 88, Page 295.
i
and,
WHEREAS, the Developer proposes to construct a manufacturing facility for food
production and warehouse uses on the Real Property (the"Project");
and,
WHEREAS,pursuant to section 403.6 of the Code of Iowa, as amended, City and
Developer desire to establish a minimum actual value for the improvements to be constructed or
placed upon the Real Property by Developer pursuant to the Development Agreement as part of
the Project,which shall be effective upon substantial completion of such improvements and from
then until this Minimum Assessment Agreement is terminated pursuant to the terms herein and
which is intended to reflect the minimum actual value of such improvements, exclusive of the
value of the unimproved land;
and,
WHEREAS, City and the Assessor have reviewed the preliminary plans and
specifications including the Developer's agreement applicable to the improvements
contemplated to be erected as part of the Project.
NOW, THEREFORE, the parties to this Minimum Assessment Agreement, in
consideration of the promises, covenants and agreements made by each other, do hereby agree as
follows:
1. Upon substantial completion of construction of the improvements included in the
Project (the "Project Improvements") pursuant to the Development Agreement, the Assessor
shall establish a minimum actual assessed value for assessment purposes on the buildings that are
constructed as part of the Project of at least $16,320,000.00. This minimum assessment
requirement shall remain in effect until ten years from the date when the first Incentive Payment
is made by the City to the Developer under Paragraph B of the Development Agreement to
which this Minimum Assessment Agreement is attached, or until the amount of the Incremental
Property Tax Revenue payments paid to Developer reach $3,000,000.00, whichever occurs first.
2 Nothing herein shall be deemed to waive Developer's rights under Iowa Code
section 403.6(19), as amended, to contest that portion of any actual value assignment made by
the Assessor in excess of the Minimum Actual Value established herein. In no event, however,
shall Developer seek to reduce the actual value assigned below the Minimum Actual Value
established during the term of this Minimum Assessment Agreement.
3 In the event that any portion of the Project is taken through the exercise of the
power of eminent domain or is damaged by natural disaster, the Minimum Actual Value shall be
reduced by the same proportion as the value of the portion of such Project so taken or damaged
bears to the value of such Project in its entirety immediately prior to such taking or damage.
4. This Minimum Assessment Agreement shall be promptly recorded by Developer
with the Recorder of Story County, Iowa. Developer shall pay all costs of recording.
5. Neither the preambles nor provisions of this Minimum Assessment Agreement are
intended to, or shall be construed as, modifying the terms of the Development Agreement
between City and Developer.
6. This Minimum Assessment Agreement shall inure to the benefit of and be binding
upon the successors and assigns of the parties.
IN WITNESS WHEREOF, the Parties have caused the Minimum Assessment Agreement to be
signed by their authorized representatives as of the date first above written.
CITY OF AMES,IOWA BARILLA AMERICA,INC.
By By _,.
John Haile, Mayor Vid VW
A, t,
Diane R.Voss,City Clerk .
_ olS CouNT`� of Coat`
STATE OF IO111jA,STORY COU TY sis: STATE OF Y,ss:
On this. 1 day of
2018,before me,a Notary Public In and for the This instrument was acknowledged before me on
State of Iowa,personally appeared John Haile and AL6V svr f�'tj 2018,by
Diane R.Voss,to me personally known,and,who, r—
being by me duly swom,did say that they are the Af g &&4 of Barilla America,
Mayor and City Clerk,respectively,of the City of Inc
Ames,Iowa;that the seal affixed to the foregoing
instrument Is the corporate seal of the corporation,
and that the instrument was signe¢�ad sealed on
be elf of the Council on the I day of
PL✓t f t/ _ 20 88,and that John
Haile and Diane R.Voss acknowledged the Notary Public in end for the State of bcwva
execution of the instrument to be their voluntary act t I t+no 5
and deed and the voluntary act and deed of the
corporation,by it voluntarily pxecuted.
0 IF F I C1 Z SEAL
Notary Public in and fdrIthe State of Iowa ALBA CARROLL
Notary Public-State of Illinois
My Commission Expires 3/085/2019
MARK O. LAMBERT
P Commission Number 778920
M mmission Expires
CERTIFICATE OF ASSESSOR
The undersigned, having reviewed the plans and specifications for the improvements to be
constructed upon the land described in the Development Agreement, and the market value
assigned to such improvements, and being of the opinion that the minimum market value
contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies
as follows: The undersigned Assessor, being legally responsible for the assessment of the Real
Property and improvements as described above, upon completion of improvements to be made in
accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to
buildings and other improvements constructed as part of the Project shall be sixteen million three
hundred twenty thousand dollars ($16,320,000.00), until termination of this Minimum
Assessment Agreement pursuant to the terms hereof.
Date: l 2018
Gregory P..Lynch, Ames City Assessor
STATE OF I�OWA, COUNTY OF STORY, ss:
On this I � day of 1, 1 i ,2018,
before me,the undersigned,a Notary Public in and for said
State,personally appeared Gregory P. Lynch,Ames City
Assessor,to me known to be the identical person named in and
who executed the foregoing instrument,and acknowledged that
he executed the same as his voluntary act and deed.
Notary ublic in and for the State of Iowa
92844.docx
DIANE R.VOSS
L Commission Number 134019
My Corm