HomeMy WebLinkAboutA038 - Letter to Story County Recorder dated December 31, 2019 !?Y Or
Ames"
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December 31, 2019
Stacie Herridge, Story County Recorder
Story County Courthouse
P.O. Box 55
Nevada, IA 50201
Dear Stacie:
Please record the enclosed:
1. Development Agreement for Barilla America, Inc., with Tax Increment Rebate Incentives and
Project Development Requirements dated November 13, 2018.
2. Barilla America, Inc., Minimum Assessment Agreement dated November 13, 2018.
After recording, please return to me.
Thank you for your assistance.
Sincerely,
O �
Diane R. Voss
City Clerk
/dry
Enclosures
DO NOT WRITE IN THE SPACE ABOVE THIS LINE;RESERVED FOR RECORDER
Prepared by:Mark 0.Lambert.City Attorney,City of Ames,515 Clark Avenue,Ames,IA 50010,(515)239-5146
Return recorded document to:Ames City Clerk,515 Clark Avenue,P.O.Box 81 I,Ames,IA 50010
DEVELOPMENT AGREEMENT FOR
BARILLA AMERICA,INC.,WITH TAX INCREMENT REBATE
INCENTIVES AND PROJECT DEVELOPMENT REQUIREMENTS
This Agreement is entered into between the City of Ames, Iowa (the "City") and Barilla
America, Inc.(the"Developer") as of the day of UOV- ,2018.
WHEREAS, the City has established the Barilla Urban Renewal Area (the "Urban
Renewal Area"),and has adopted a tax increment ordinance for the Urban Renewal Area; and
WHEREAS, the Developer owns certain real property which is situated within the Urban
Renewal Area and specifically described as:
Parcel "B" being a part of the Southeast Quarter (SE %4) and East Half(E %z) 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 IS, 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 2° 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.
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48474602.6339\1
(the"Real Property")and;
WHEREAS, the Developer proposes to construct a manufacturing facility for food
production and warehouse uses on the Real Property (the"Project");and
WHEREAS, the Story County Assessor has increased the assessed valuation of the Real
Property and buildings and improvements on the Real Property (collectively, the "Property") on
the Story County property tax rolls as of the assessment date January 1, 2018, by the amount of
$4,196,000; and
WHEREAS, the Developer has entered into an agreement with the Iowa Economic
Development Authority (the "IEDA") under the State of Iowa's High Quality Jobs Program (the
"State Agreement") which includes certain conditions related to the Developer's investment and
employment levels related to the Project;and
WHEREAS, the Developer has requested tax increment financing assistance from the
City in paying the costs of the Project;and
WHEREAS, the financial assistance to be provided by the City pursuant to this
Agreement is to serve as the local match that the City is required to make under the State
Agreement;and
WHEREAS, as of January I, 2017, the assessed valuation of the Property was
$38,644,000, the exempt portion of the Property was $1,568,400 (under the Industrial Five Year
Abatement), and the taxable percentage of the Property was 90% (pursuant to the rollback for
property classified as Industrial), resulting in a taxable valuation of $33,368,040 (the "Base
Taxable Valuation") for purposes of calculating Incremental Property Tax Revenues (as
hereinafter defined)under Section 403.19 of the Code of Iowa and this Agreement;and
WHEREAS, Chapter 15A of the Code of Iowa authorizes cities to provide grants, loans,
guarantees,tax incentives and other financial assistance to or for the benefit of private persons;
NOW,THEREFORE,the parties hereto agree as follows:
A. Developer's Covenants
1. The Developer agrees to complete construction of the Project by January
1, 2019, and to maintain and use the Project as a manufacturing facility throughout the term of
this Agreement.
2. The Developer agrees to make timely payment of all property taxes as
they come due throughout the term of this Agreement and to submit a receipt or cancelled check
to the City Clerk in evidence of each such payment.
3. The Developer agrees that the buildings and other improvements
constructed by Developer as part of the Project (the "Project Improvements") shall have an
assessed valuation of not less than $16,320,000 as of January 1, 2019, and that such assessed
valuation of the Project Improvements shall be maintained until January 1, 2028, or until such
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earlier date on which the City has made Incentive Payments, as hereinafter defined, to the
Developer under this Agreement equal to$3,000,000.
4. The Developer agrees to establish and maintain an employment level of a
minimum of 41 new full-time employees(the"Minimum Jobs Requirement") in connection with
the Project in accordance with the terms and conditions set forth in the State Agreement. This
Minimum Jobs Requirement satisfies the job creation requirements of the Iowa High Quality
Jobs Program in order for the Developer to qualify for the Incentive Payments, as hereinafter
defined, set forth in Section B. The terms and conditions of the State Agreement are
incorporated herein by this reference. Developer agrees to satisfy the Minimum Jobs
Requirement as described in the State Agreement for all periods after the State Agreement has
been terminated but for which this Agreement is still in effect.
The Developer agrees to submit documentation to the satisfaction of the City by no later
than July 31 of each year during the life of this Agreement, demonstrating its compliance with
the State Agreement and the Minimum Jobs Requirement. Such submission shall include the
total number of full-time equivalent employees, as defined by Section 261-173.2 of the Iowa
Administrative Code, then employed in connection with the Developer's operations at the
Property as of June 30 of each year that this Agreement is in effect. The Developer may meet
this reporting requirement by providing the City with copies of annual status reports submitted to
the IEDA pursuant to the terms of the State Agreement. For periods after the State Agreement
has been terminated but for which this Agreement is still in effect, Developer agrees to submit
documentation to the satisfaction of the City by no later than July 31 of each year demonstrating
compliance with the terms of this Agreement.
The Developer hereby acknowledges that failure to meet the Minimum Jobs Requirement
will give the City cause and right to rescind or amend the Incentive Payments, as set forth in
Section B.
5. The Developer hereby acknowledges that failure to comply with the
requirements of Section 4 will result in the City having the right to withhold approval of or
rescind approval of the Incentive Payments under Section B of this Agreement. The percentage
of the Incentive Payments to be withheld by the City pursuant to this paragraph shall not exceed
the percentage shortfall between the number of jobs actually created by the Developer and the 41
new jobs pledged by the Developer in the State Agreement and in this Agreement.
The City will notify the Developer whenever the City becomes aware that the Developer
has failed to comply with the requirements of this Section A. The Developer will have 90
business days after receipt of written notice to cure any deficiency that has resulted in the failure
to comply with requirements of this Section A.
6. The Developer agrees that it shall not apply for or participate in any real
estate tax abatement programs for the Property as long as any Incentive Payments are being
made to the Developer under this Agreement.
7. Notwithstanding anything in this Agreement to the contrary, the
Developer shall have the right to appeal the assessed valuation of any portions of the Property
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48474602-6339N 1
that are not Project Improvements, as well as the assessed valuation of the Project Improvements
in excess of the agreed-upon minimum valuation for such improvements of$16,320,000.
B. Citv's Obligations
In recognition of the Developer's obligations set out above, the City agrees to make
economic development tax increment payments (the "Incentive Payments") to the Developer in
each fiscal year during the term of this Agreement, pursuant to Chapters 15A and 403 of the
Code of Iowa, provided, however, that the aggregate, total amount of the Incentive Payments
shall not exceed $3,000,000, and all Incentive Payments shall be subject to annual appropriation
by the City Council.
The Incentive Payments will be made from incremental property tax revenues received
by the City with respect to an increase in the taxable valuation of the Property over the Base
Taxable Valuation (the "Incremental Property Tax Revenues"). The Incentive Payments will be
made on December 1 and June I of each fiscal year, beginning on December 1, 2020 and
continuing until June 1, 2030 or until such earlier date upon which total Incentive Payments
equal to$3,000,000 have been made.
Before making any Incentive Payments, the City may retain Incremental Property Tax
Revenues in an amount necessary to pay the City's actual expenses, not to exceed $15,000,
related to the preparation and approval of this Agreement and the related urban renewal plan for
the Urban Renewal Area. Thereafter, each Incentive Payment shall be in an amount equal to
100%of the Incremental Property Tax Revenues attributable to the Property that are received by
the City during the six months immediately preceding the due date of each Incentive Payment.
Incremental Property Tax Revenues shall be calculated by multiplying the consolidated
property tax levy times the taxable valuation of the Property in excess of the Base Taxable
Valuation, then subtracting debt service levies of all taxing jurisdictions, subtracting the school
district physical plant and equipment and instructional support levies, and subtracting any other
levies which may be exempted from such calculation by action of the Iowa General Assembly.
The Incentive Payments shall not constitute general obligations of the City, but shall be
made solely and only from Incremental Property Tax Revenues attributable to the Property that
are received by the City from the Story County Treasurer.
Each Incentive Payment shall be subject to annual appropriation by the City Council.
Prior to November 30 of each year during the term of this Agreement, the City Council shall
consider the question of obligating for appropriation to the funding of the Incentive Payments
due in the next succeeding fiscal year an amount of Incremental Property Tax Revenues to be
collected in such following fiscal year equal to the City's estimate of the amount of Incremental
Property Tax Revenues that could be collected in such year(the"Appropriated Amount"). Each
such estimate shall be based on then current consolidated property tax levy and most recent
incremental valuation of the Property.
To the extent the City Council decides to obligate funds for appropriation to the Incentive
Payments, the City agrees to certify to the Story County Auditor by December I of each year
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48474602-6339U
during the term of this Agreement an amount equal to the most recently determined Appropriated
Amount.
All determinations to not appropriate funds for any Incentive Payments shall be made by
resolution (each a "Non-Appropriation Resolution") of the City Council. Each Non-
Appropriation Resolution will identify (1) which Incentive Payments shall be subject to the non-
appropriation and (2) the reason for the non-appropriation. Following any Non-Appropriation
Resolution, the City shall make any and all required reports of the corresponding non-
appropriation decision onto EMMA, the financial reporting repository website of the Municipal
Securities Rulemaking Board(or equivalent successor repositories).
C. Administrative Provisions
1. The parties agree to explore the feasibility of establishing a separate
property tax parcel for the portion of the Real Property upon which the Project Improvements are
constructed. If such separate parcel is established, the Base Taxable Valuation for purposes of
computing the Incentive Payments under this Agreement shall be zero dollars ($-0-), the
minimum assessed value of the parcel shall be $16,320,000, and the Incremental Property Tax
Revenues shall be computed based solely on the taxable valuation of the Project Improvements.
2. Except for the assignment of this Agreement to an Affiliate(as hereinafter
defined) of Developer, this Agreement may not be amended or assigned by either party without
the express permission of the other party. However,the City hereby gives its permission that the
Developer's rights to receive the Incentive Payments hereunder may be assigned by the
Developer to a lender, as security, without further action on the part of the City. For purposes of
this Agreement,an"Affiliate" is defined to include (a) Developer's parent company, and(b) any
company whose stock is 80%or more owned,either directly or indirectly, by Developer's parent
company.
3. This Agreement shall inure to the benefit of and be binding upon the
Developer, its successors and assigns. Each party hereto agrees to cooperate with the other in
executing a Memorandum of Agreement that may be recorded in place of this document.
4. Unless otherwise terminated according to the terms and conditions
contained herein, this Agreement will terminate on the date the City makes the final Incentive
Payment to Developer, such Incentive Payment being due to Developer on or before June I,
2030,or on such earlier date upon which total Incentive Payments equal to$3,000,000 have been
made.
5. This Agreement shall be deemed to be a contract made under the laws of
the State of Iowa and for all purposes shall be governed by and construed in accordance with
laws of the State of Iowa.
6. The parties acknowledge and agree that this Agreement is being executed
without review or approval of specific plans for development of the Property. The parties
acknowledge and agree that it is not possible to anticipate all the infrastructure requirements the
Developer may be required to complete to properly develop the site. Therefore, the parties agree
that all work done by or on behalf of the Developer with respect to, but not limited to, a traffic
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48474602-6339\1
study and any improvements identified by that study, public streets, sidewalks, bike paths,
building design, construction and utilities, both on-site and off-site, shall be made in compliance
with the Iowa Code, SUDAS and all other federal, state, and local laws and policies of general
application, including but not limited to subdivision and zoning codes, whether or not such
requirements are specifically stated in this Agreement.
The City and the Developer have caused this Agreement to be signed, in their names and
on their behalf, by their duly authorized officers,all as of the day and date written above.
CITY OF AMES, IOWA
By:
John A. Haila, Mayor
Attest:
/ q
Diane Voss,City Clerk
BARIL A AM
ERICA,
ERICA, INC.
y
6
4947-4602-6339%)
DO NOT WRITE IN THE SPACE ABOVE THIS LINE; RESERVED FOR RECORDER
Prepared by: Mark O.Lambert,Ames City Attomey,515 Clark Ave.,Ames,IA 50010;(515)239-5146
Return recorded document to: Ames City Clerk,515 Clark Ave.,P.O.Box 811.Ames.IA 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.
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 Haila, Mayor 9&11"Y
By.
Diane R. Voss,City Clerk V .
l�C INotS CovuT� 0 Coos
STATE OF 10�1jA,STORY COU TYs: STATE OF , J Y,ss:
On this�,_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 Haila and o fj 2018,by
7
Diane R.Voss,to me personally known,and,who, —
being by me duly sworn,did say that they are the r'g J'~q „ �/ of Bariila 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 sign sealed on
bepalf of the ouncil on the ( day of
P1nit���✓ 2018,and that John J �
Haila and Diane R.Voss acknowledged the Notary Public in and for the State of laa+a.
execution of the instrument to be their voluntary act !1 i no 5
and deed and the voluntary act and deed of the
corporation,by it voluntarily xecuted.
Mload ---Zvc�01
OFFICIAL SEAL
Notary Public in and foYthe State of Iowa ALBA CARROLL
[Notary Public-State of Illinois
mmission Expires 3/08/2019'.
MARK O. LAMBERT
Commission Number 778920
Mv�Ommission Expires
/owe
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: 2018
_t
i
Gregory P.iflynch,A es City Assessor
U,
STATE 0 WWA, COUN QF STORY,ss:
On this I day of 1, ff-U, 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
F C mnission Number 134019
*III c