Resolutions-2016-072

DocuSign Envelope ID: 2229A71F- OC3E- 472D- A9DE- E33376BE2379 Tiffin/ 436989- 16/ Dev. Agmt- Hold Hrg RESOLUTION 2016- 072 Resolution Approving Development Agreement with TAT, LLC, Authorizing Annual Appropriation Tax Increment Payments and Pledging Certain Tax Increment Revenues to the Payment of the Agreement WHEREAS, City of Tiffin, Iowa ( the " City"), pursuant to and in strict compliance the 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 Tiffin Urban Renewal Area ( the " Urban Renewal Area"); and 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 ( the " Urban Renewal Tax Revenue Fund"), 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, a certain development agreement ( the " Agreement") between the City and TAT, LLC ( the " Developer") has been prepared in connection with an urban renewal project ( the Project") ( i) the preliminary infrastructure engineering and land use planning associated with the Park Place development project, which is anticipated to include the extension of Forevergreen Road and Oakdale Boulevard and the realignment of Park Road; and ( ii) site preparation for the realignment of Park Road in the Urban Renewal Area; and WHEREAS, under the Agreement, the City would provide annual appropriation tax increment payments to the Developer in a total amount not exceeding $ 500,000; and WHEREAS, this City Council, pursuant to Section 403. 9 of the Code of Iowa, has published notice, has held a public hearing on the Agreement on November 29, 2016, and has otherwise complied with statutory requirements for the approval of the Agreement; and WHEREAS, Chapter 15A of the Code of Iowa (" Chapter 15A") declares that economic development is a public purpose for which a City may provide grants, loans, tax incentives, guarantees and other financial assistance to or for the benefit of private persons; and WHEREAS, Chapter 15A requires that before public funds are used for grants, loans, tax incentives or other financial assistance, a City Council must determine that a public purpose will reasonably be accomplished by the spending or use of those funds; and WHEREAS, Chapter 15A requires that in determining whether funds should be spent, a City Council must consider any or all of a series of factors; NOW, THEREFORE, It Is Resolved by the City Council of the City of Tiffin, Iowa, as follows: Section 1. Pursuant to the factors listed in Chapter 15A, the City Council hereby finds that: a) The Project will add diversity and generate new opportunities for the Tiffin and Iowa economies; 3- DORSEY& WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA