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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 j 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: