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HomeMy WebLinkAbout2005-09-19-Resolutions 05-177_Shottenkirk Chevrolet Franchise - Development Agr - Tenth MileTHE CITY OF WAUKEE,row A RESOLUTION 05-177 I APPROVING THE DEVELOPMENT AGREEMENT WITH THE TENTH MILE,L.L.C.FOR A SHOTTENKIRK-WAUICEE,INC.CHEVROLET FRANCHISE IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee proposes to enter into an agreement with The Tenth Mile,L.L.c.,franchise owners of Shottenkirk -Waukee,Inc.Chevrolet;AND, WHEREAS,this Development Agreement as attached is supported by staff,fair to and supported by The Tenth Mile,L.L.c.and eventually beneficial for the City of Waukee. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 19th day of September 2005 that it hereby approves the Development Agreement with The Tenth Mile,L.L.c.franchise owners of Shottenkirk -Waukee,Inc. Chevrolet. I Attest: er ROLL CALL VOTE Nicholas C.Gruber Donald L.Bailey,JI. Bill Peard JeffV.Mertz Darlene Stanton AYE X X X X NAY ABSENT X I DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("Agreement")is made and entered into by and between The Tenth Mile,L.L.C.(the "Developer"),and the City of Waukee, Iowa.WITNESSETH: WHEREAS,pursuant to Ordinance No.2492,passed on October 4,2004,the City Council of the City of Waukee rezoned from "M-IA"Limited Industrial District to "C-I" Community and Highway Service Commercial District a certain parcel of real estate legally described as follows: Waukee Development,Plat I Parcel BLot 3 WHEREAS,under Ordinance No.2492,the rezoning of the subject property, from "M-IA"to "C-I",was expressly subject to the condition,set forth in Section 3 of the Ordinance as follows: The property must be brought into compliance with current C-I standards via an approved site plan within two years from the date of passage.A building permit must also be issued within that two-year time frame.If either of these items fails to occur the zoning will revert back to M-IA and all commercial type activities must cease. WHEREAS,the Developer now desires to enter an agreement with the City to allow the Developer to undertake an interim project for construction of two new service bays to the existing building and lighting,which new construction and installation of lighting would add to the non-conformance of the subject property under the City's "C-I" zoning and building standards. WHEREAS,the City will agree to enter an agreement to allow the Developer to construct the two new service bays,provided the Developer agrees to certain conditions, as hereinafter set forth,relating to the potential reversion of the subject property to its prior "M-1A"District classification if the subject property is not developed to "C-l" District standards within certain time limits. WHEREAS,the Developer is agreeable to enter this Agreement upon all of the terms required by the City;NOW,THEREFORE, IT IS AGREED BY THE PARTIES AS FOLLOWS: I.The City agrees to allow the Developer to undertake an interim project for construction of two new service bays to the existing building and lighting,which new construction and installation of lighting would add to the non-conformance of the subject property under the City's "C-l"zoning and building standards,but which use would only be allowed for a temporary time period after which the Developer agrees to bring the subject property into full compliance with all City zoning and building requirements and standards. 2.The Developer agrees that the allowance of the new construction by the City is for a temporary period only and that approval of such temporary use is not a waiver by the City of the conditions of Section 3 of Ordinance No.2492. 3.There is presently pending before the Iowa Department of Transportation a protest filed by Bob Brown Chevrolet,Inc.regarding the assignment of the Area of Primary Responsibility for the Chevrolet franchise in the City of Waukee,Iowa,which is the result of a Remand Order issued by the Iowa District Court for Polk County,Iowa in a case captioned Bob Brown Chevrolet,Inc.vs.General Motors Corporation,et ai,Case No.CV-VI-5469.The parties agree that the Developer is not in a position to commence the final construction to conform to "C-I"District standards until the proceedings before the Iowa Department of Transportation,including any current or future appeal thereof,is finally decided as a result of a final unappealable order which conclusively determines the Area of Primary Responsibility fOTa Shottenkirk -Waukee,Inc.Chevrolet franchise dealership within the City of Waukee,Iowa.The date upon which the Area of Primary Responsibility is finally determined for a Chevrolet franchise dealership within the City of Waukee shall be for purposes of tins Agreement be referred to as the "APR Determination Date". 4.The Developer further agrees and consents in advance to the passage of an Ordinance amending Ordinance No.2492 by repealing the text of Section 3 thereof in its entirety and by the substitution,in lieu thereof,of the following new Section 3:] The rezoning of the subject property is expressly subject to the following conditions: a.On or before,October 4,2006,or within six months following the APR Determination Date,whichever is later,the property owner shall submit a site plan,and receive City site plan approval,for a development project that complies with all "C-I"zoning and Arterial Corridor Overlay District building standards. b.On or before,October 4,2006,or within six months following the APR Determination Date,whichever is later,the property owner shall apply for and receive a building permit from the City for a development proj ect that complies with all "C-I"zoning and Arterial Corridor Overlay District building standards. c.On or before October 4,2007,or within eighteen months following the APR Determination Date,whichever is later,the property owner shall apply for and receive a certificate of occupancy from the City for a development project that complies with all "C-I" zoning and Arterial Corridor Overlay District building standards.1 If the property owner fails to comply with any of the foregoing conditions a,b or c,and if the property fails to obtain an extension of the time for completion of any of said conditions from the City Council on or before the end of the applicable time period,then the zoning of the subject property shall immediately revert to its prior classification of "M -lA,"without any further action by the City Councilor any other City representative,and all uses of the subject property that do not conform to the "M -lA"District regulations shall be unlawful and shall cease. 5.The parties further agree that they will continue to work with each other to reach supplemental agreements regarding the development of the subject property IN WITNESS WHEREOF,this Agreement is made and executed this day of September,2005. THE TENTH MILE,L.L.C. By: Printed Name: Title: CITY OF WAUKEE,row A By: Tony Oberman,Mayor Attest: Mark J.Arentsen,City Clerk/Administrator