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HomeMy WebLinkAbout2005-09-19-Resolutions 05-183_TIF Certification - Ewing Land DevTHE CITY OF WAUKEE,IOWA RESOLUTION 05-183 APPROVING THE CERTIFICATION OF REIMBURSABLE DEBT IN ACCORDANCE WITH THE EWING LAND DEVELOPMENT AND SERVICES DEVELOPMENT AGREEMENT AND ACKNOWLEDGING THE COLLATERAL ASSIGNMENT OF DEVELOPMENT AGREEMENT TO BANKERS TRUST COMPANY,N.A. IN THE NAME AND BY THE A UTHORJTY OF THE CITY OF WA UKEE,IOWA WHEREAS,the City of Waukee and Ewing Land Development and Services entered into a development agreement on the 3rd day of June 2003,in which ELDS agreed to submit receipts of eligible expenses as described in Exhibit C of the Agreement and hereto attached;AND, WHEREAS,"Qualified Expenses"shall include the costs associated with the construction of internal improvements;AND, WHEREAS,ELDS has submitted reimbursable expenses associated with the development of Legacy Pointe totaling $1,250,000,which have been reviewed and approved by city staff;AND,] WHEREAS,ELDS,pursuant to the June 3,2003 Development Agreement Section 5, Amendment/Assignment,where the City of Waukee gives its permission that the lights of ELDS to receive the economic development tax rebate payments hereunder may be assigned by ELDS to a private lender,as security,without further action on the part of the City;AND, WHEREAS,ELDS,on the iz"of August,2005,as collateral for a loan requested from Bankers Trust Company,N.A.,assigned to Bankers'Trust all of ELDS'"right,title and interest in and to the Development Agreement,and all proceeds therefrom." 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 certification of reimbursable debt in accordance with the Ewing Land Development and Services Development Agreement;AND, BE IT FURTHER RESOLVED that the City of Waukee City Council recognizes and approves the validity of the Collateral Assignment of Development Agreement if all conditions and obligations are met by Developer in accordance with said agreement. BE IT FURTHER RESOLVED by the City of Waukee City Council that nothing herein is intended to modify the terms of the original agreement and should not be construed as modifying any term or provision thereof.I Attest: ROLL CALL VOTE Nicholas C.Gruber Donald L.Bailey,Jr. Bill Peard Jeff Mertz Darlene Stanton AYE X X X X X NAY ABSENT