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HomeMy WebLinkAbout2005-01-24-Resolutions 05-19_Brick Industrial Park - Development Agr - Consent to AssignmentWaukee/419580-39/Res Auth Assignment Resolution No.05-19 Resolution Consenting To Assignment Of And Amendment To J.Brick Commercial Park,L.L.C.Development Agreement And Expressing Intent To Enter Into Future Development Agreement with Williams Pointe Development II,L.C. WHEREAS,the City of Waukee,Iowa (the "City")and J.Brick Commercial Park, L.L.c.(the "Company")previously entered into a certain J.BRICK COMMERCIAL PARK, L.L.c.DEVELOPMENT AGREEMENT (the "Agreement")dated as of November 6,2000;and WHEREAS,the Agreement provided for the development of certain real property (the "Property")owned by the Company in exchange for the provision of economic development tax rebate payments (the "Payments")relative to the Property by the City to the Company as described in the Agreement;and WHEREAS,the Company has documented $363,000 of Qualified Expenses,as defined in the Agreement,which are eligible to be reimbursed with the Payments,and the City Council has taken action to accept such documentation and to acknowledge the City's satisfaction therewith;and WHEREAS,the Company has determined to sell the Property to Williams Pointe Development II,L.C.(the "Purchaser")and has requested that the City consent to the Assignment ofthe Company's rights to receive the Payments to the Purchaser;and WHEREAS,the City is willing to consent to such assignment of Payments provided that no additional Qualified Expenses shall be documented with respect to the Property under the Agreement;and WHEREAS,a certain Assigmnent of Payment Rights and a certain Consent to Assignment of and Amendment to Development Agreement have been prepared in order to facilitate the assignment of rights to the Payments from the Company to the Purchaser and it is now necessary for the City Council to give authorization and approval of said documents;and WHEREAS,the Purchaser has requested that the City negotiate and enter into a new development agreement with respect to future commercial development on the Property; NOW,THEREFORE,It Is Resolved by the City Council of the City of Waukee,Iowa,as follows: Section 1.The City Council hereby approves the Assignment of Payment Rights and the Consent to Assignment of and Amendment to Development Agreement in substantially the form as has been presented to the Council.The Mayor and City Clerk are hereby directed and authorized to take such action and execute such documents as are necessary to effectuate and carry out the terms contained therein. Waukee/419580-39/Res Auth Assignment. Section 2.The City Council hereby expresses its intent to negotiate and enter into a 'I new development agreement in the future with Williams Pointe Development II,L.C.with respect to future commercial development on the Property. Section 3.All resolutions or parts thereof in conflict herewith are hereby repealed. Passed and approved this 24th day ofJanuary,2005. Attest: 71/lfi;uf2JJ~Q~/\ Mark Arentsen,(itl Administrator/Clerk ....... ROLLCALL~TE AYE NAY Nicholas C.Gruber X Donald L.Bailey,If.X Bill Peard X Darlene Stanton X JeffV.Mertz X ABSENT ) I 4830-9243-4944\12171200510,09 AM