RESOLUTION (1) APPROVING THE MINIMUM DEVELOPMENT REQUIREMENTS, COMPETITIVE CRITERIA, AND PROCEDURES FOR DISPOSITION OF CERTAIN PROPERTY LOCATED WITHIN THE URBAN RENEWAL PLAN AREA; (2) DETERMINING THAT THE PROPOSAL SUBMITTED BY BUNKERS FEED & SUPPLY, INC. SATISFIES THE OPERATING REQUIREMENTS AND DECLARING THE INTENT OF THE CITY TO ENTER INTO A DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF PAULLINA AND BUNKERS FEED & SUPPLY, INC. IN THE EVENT THAT NO COMPETING PROPOSALS ARE SUBMITTED; AND (3) SOLICITING COMPETING PROPOSALS
WHEREAS, by Resolution No. 17-18, adopted July 17, 2017, the City Council of Paullina, Iowa adopted an Urban Renewal Plan (the “Plan”) for the Urban Renewal Area No. 3 (Paullina Business Park West) described therein (the “Urban Renewal Area No. 3”); and
WHEREAS, such Plan provides for, among other things, the disposition of properties for private development as a proposed renewal action and authorizes the redevelopment of the Development Property as described in this Resolution; and
WHEREAS, the City wishes to sell the Development Property to Bunkers Feed & Supply, Inc., and Iowa Corporation, (the “Developer”); and
WHEREAS, the City intends to transfer the Development Property to the Developer for $15,448.00; and
WHEREAS, as additional consideration for the transfer of the Development Property to Developer, the Developer proposes to construct certain Minimum Improvements (as defined in the Agreement) consisting of the construction of a new grain storage bin, together with all related site improvements, under the terms and following satisfaction of the conditions set forth in the Agreement on the Development Property, the terms of such proposal being in the form of a Development Agreement (the “Development Agreement” or “Agreement”); and
WHEREAS, the City agrees to allow the Developer to place dirt on the following described real property, to-wit:
Lot Two (2), Plat of Paullina Business Park West, City of Paullina, O’Brien County, Iowa ,
during the construction of the grain storage bin; and
WHEREAS, in order to establish reasonably competitive bidding procedures for the disposition of the Development Property in accordance with the statutory requirements of Iowa Code Section 403.8, and to assure that the City extends a full and fair opportunity to all developers interested in submitting a proposal, a summary of submission requirements that each proposal offered for redevelopment of the Development Property must satisfy in order to qualify for consideration is described herein; and
WHEREAS, to both recognize the firm proposal for the disposition and renovation of the Development Property and to give full and fair opportunity, and to give full and fair opportunity for other developers interested in submitting a proposal for acquisition and renovation of the Development Property, this Council should by this Resolution:

1. Establish the market value of the Development Property and the City Property for uses in accordance with the Plan.
2. Approve the minimum requirements for the purchase and renovation of the Development Property.
3. Approve the Developer’s general terms as to the form of the Development Agreement, subject to modifications and revisions as determined appropriate by City staff and Council.
4. Set a date for receipt of competing proposals and the opening thereof; and provide for review of such proposals with recommendations to this Council in accordance with established procedures.
5. Declare that the Development Agreement submitted by the Developer satisfies the requirements of the offering, and that in the event no other qualified proposal is timely submitted that the City intends to accept Developer’s proposal and enter into the Development Agreement.
6. Approve and direct publication of a notice to advise any would-be competitors of the opportunity to compete for purchase of the Development Property and the City Property on the terms and conditions set forth herein, and of a notice of a public hearing to be held preceding final approval of the Development Agreement.
7. Declare that in the event another qualified proposal is timely submitted, another and future notice will be published of the intent of the City to enter into the resulting contract, as required by law; and
   WHEREAS, this Council believes it is in the best interest of the City and the Plan to act as expeditiously as possible to offer this Development Property for redevelopment, which requires the exchange of the City Property for the Development Property, as set out herein.
   NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF PAULLINA, IOWA:
8. The Development Property offered for disposition for redevelopment in accordance with the terms and conditions contained in this Resolution and the Plan is described as follows:
   Lot Three (3), Plat of Paullina Business Park West, City of Paullina, O’Brien County, Iowa.
9. It is hereby determined that in order to qualify for consideration for selection, each developer must submit a proposal which contains terms no less favorable to the City than those set forth in the Development Agreement and which must:
   a. include and provide for the developer’s purchase of the Development Property at not less than the amount of the fair value thereof for use in accordance with the Plan;
   b. include and provide for the minimum improvements on the Development Property and conformance with the Plan;
   c. include a statement of intent to enter into a Development Agreement with respect to the Development Property and describe specific terms of such agreement.
10. It is hereby determined, based on investigation by the City, that the transfer of the Development Property for $15,448.00 is equal to or greater than market value, and is hereby approved.
11. The proposed Development Agreement be and the same is hereby approved as to form for the purpose described in this Resolution, subject to modifications as determined appropriate by the City Council.
12. It is hereby determined that the Development Agreement satisfies the requirements of this offering and, in the event that no other qualified proposals are timely submitted, the City intends to enter into the Development Agreement and transfer the Development Property to the Developer under the terms proposed.
13. It is hereby determined that the Developer possesses the qualifications, financial resources and legal ability necessary to acquire and redevelop the Development Property in the manner proposed by this offering and in accordance with the Plan.
14. The City Clerk shall receive and retain for public examination the Development Agreement and, in the event no other qualified proposals are timely submitted, shall resubmit the same to this Council for final approval and execution upon expiration of the notice period hereinafter prescribed.
15. This action of the Council shall be considered to be and does hereby constitute notice to all concerned of the intention of this Council, in the event that no other qualified proposals are timely submitted, to accept the proposal to enter into the Development Agreement.
16. In the event no other qualified proposals are timely submitted, the City intends to enter into the Development Agreement, which Development Agreement is on file for public inspection at the office of the City Clerk, 127 S. Main Street, Paullina, Iowa.
17. The City Clerk is authorized and directed to secure immediate publication of this Resolution (without Exhibit A) in the “The Paullina Times-Bell-Courier”, a newspaper having general circulation in the community, by publication of the text of this resolution.
18. The City Clerk is also authorized and directed to cause at least one publication to be made of a notice of the meeting to be held on May 3, 2021, at 5:30 P.M. for the consideration and approval of the Development Agreement in substantially the form attached as Exhibit A, in the “The Paullina Times-Bell-Courier”, a newspaper having general circulation in the community, said publication to be not less than four (4) clear days nor more than twenty (20) days before the date of said public meeting.
19. Written proposals for the sale and renovation of the Development Property must be received by the City Clerk at or before 2:00 o’clock P.M. on May 3, 2021. Said proposals will be received in the City Clerk’s Office, located at City Hall, 127 S. Main Street, Paullina, Iowa. Each proposal will then be publicly opened by the Clerk or the Clerk’s designee at the hour of 5:00 P.M. in the Council Chambers, City Hall, 127 S. Main Street, Paullina, Iowa, on that same date. The City Clerk is hereby authorized and directed to make a preliminary analysis of each such proposal for compliance with the minimum requirements established by this Council hereinabove and to advise the Council with respect thereto. Said proposals will then be presented to the City Council at 5:30 o’clock P.M. on May 3, 2021, at a meeting to be held in the Council Chambers, City Hall. 127 S. Main Street, Paullina, Iowa. The Council shall judge the strength of the proposals meeting the foregoing minimum requirements by the criteria set forth above and shall make the final evaluation and selection of a proposal.
20. The method for transfer of the Development Property as set forth herein is in substantial conformance with the provisions of Section 403.8 of the Code of Iowa, requiring “fair value” and “reasonable competitive bidding procedures.”
21. In the event another qualified proposal is timely submitted, another and further notice shall be published of the intent of the City of Paullina, Iowa to enter into the resulting contract, as required by law.
    PASSED AND APPROVED this 15th day of March, 2021.
    /s/ John Ihle John Ihle, Mayor
    ATTEST:
    /s/ Sandy Fritz
    Sandy Fritz, City Clerk
    CERTIFICATE
    STATE OF IOWA SS COUNTY OF O’BRIEN I, the undersigned City Clerk of the City of Paullina, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of said City showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said 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 meeting 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 said 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 said 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 offices as indicated therein, that no vacancy existed except as may be stated in said 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 individual named therein as officers to their respective positions.
    WITNESS my hand and the seal of said Council hereto affixed this 15th day of March, 2021.
    /s/ Sandy Fritz
    City Clerk, Paullina, Iowa
    Published in O’Brien County’s Bell-Times-Courier March 25, 2021