HomeMy WebLinkAbout2005-05-16-Resolutions 05-87_Gilcrest-Jewett - Development Agr - ModificationRESOLUTION NO.05-87 APPROVING
MODIFICATION OF SETTLEMENT
AGREEMENT )
WHEREAS the City of Waukee,Iowa (hereinafter "City")and Gilcrest/Jewett
Lumber Company,(hereinafter "Gilcrest")have entered into a Settlement Agreement
dated the 20th day of December,2004;and
WHEREAS the parties now desire to modify said agreement in the manner set out
in Modification of Settlement Agreement,a copy of which is marked "Exhibit A",
attached hereto and made a part hereof;
BE IT THEREFORE RESOLVED,that the Modification of Settlement
Agreement between the City and Gilcrest is hereby confirmed and approved.
Passed by the City Council of the City of Waukee,Iowa,and approved the 16th day of
May,2005.
Attest:
1
ROLL CALL VOTE
Nicholas C.Gruber
Donald L.Bailey,Jr.
Bill Peard
JeffV.Mertz
Darlene Stanton
AYE
X
X
NAY ABSENT
X
X
X
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MODIFICATION OF SETTLEMENT
This agreement is made this 16th day of May 2005,between the City of Waukee,
Iowa (hereinafter "City")and Gilcrest/Jewett Lumber Company,(hereinafter "Gilcrest")
modifying a Settlement Agreement entered into by and between the parties,dated the
20th day of December,2004.
The parties hereto agree that the Settlement Agreement previously entered into by
the parties is hereby modified as follows:
1.Paragraph 1 A is modified to provide that transfer of property to the City
as provided therein shall occur coincidentally with closing,modified to occur no later
than the 31 st day of December,2005.
2.Paragraph 9,the 4th paragraph thereof,is modified to provide for change
of the date therein from the 31st of December,2005,to the 31st of December,2006.
3.Paragraph 11,the 2ndparagraph thereof,is modified to provide for change
of the year therein from the calendar year 2005 to calendar year 2006;and the 3'd
paragraph thereof is modified to provide for change of the year therein from the calendar
year 2005 to calendar year 2006.
4.Paragraph 12,the 4th paragraph thereof,is modified to provide for change
of the date therein from December 15,2006,to December 15,2007.
In all other respects other than those specifically set out herein,the Settlement
Agreement entered into by the parties on the 20th day of December,2004,shall remain in
full force and effect.
Dated this __day of ,2005.
City of Waukee,Iowa Gilcrest /Jewett Lumber Company
Philip Sumner W orth,President
Attest: