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HomeMy WebLinkAbout2008-07-21-Resolutions 08-179_TEAM Des Moines Partners - Development Agr - AmendmentRESOLUTION NO.08-179 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF WAUKEE,ALICES, L.C.AND TEAM DES MOINES PARTNERS,L.C.(TEAM)(DEVELOPMENT AGREEMENT ORIGINALLY APPROVED PURSUANT TO RESOLUTION 07-145) WHEREAS,following a public hearing pursuant to published notice in accordance with Iowa law,the City Council of Waukee,Iowa approved by Resolution 07-145 a development agreement between the City of Waukee,Iowa and Alices,L.C.(Developer),which Development Agreement (2007 Agreement)was effective August 6,2007;and WHEREAS,the Developer has secured an agreement with TEAM to locate on the Development Property and to construct certain commercial buildings in three phases;and WHEREAS,given the new circumstances the Developer and the City are willing to change the division of contemplated Tax Increment payments ("Payments")from the 2007 Agreement,with the proviso that this Amendment to the original Development Agreement allows for no new or additional Tax Increment payments;and NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WAUKEE,IOWA as follows: That the form and content of the Amendment to the Development Agreement,the provisions of which are incorporated herein by reference,be and the same hereby are in all respects authorized, approved and confirmed,and the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to execute,attest,seal and deliver the Amendment to the Development Agreement for and on behalf of the City in substantially the fOlIDand content now before this meeting,and that from and after the execution and delivery of the Amendment to the Development Agreement,the Mayor and the City Clerk are hereby authorized,empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Amendment to the Development Agreement as executed. PASSED AND APPROVED this 21 'I day of July,2008. ATTEST:Itt 1tJJ.CI RK t> ADOPTED:July 21,2008 ROLL CALL VOTE D\mald L.Bailey,Ir. Casey L.Harvey C.Isaiah McGee Darlene Stanton Mike Watts AYE X X X X X NAY ABSENT ABSTAIN