HomeMy WebLinkAbout2005-05-16-Resolutions 05-85_Legacy Pointe - Development Agr - RevisedTHE CITY OF WAUKEE,IOWA
RESOLUTION 05-85
APPROVING AN AMENDMENT TO THE EWING LAND DEVELOPMENT
AND SERVICES DEVELOPMENT AGREEMENT
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the Development Agreement ("Agreement")entered into by the City of
Waukee (the "City")and Ewing Land Development and Services ("ELDS")was effective
as ofJnne 3,2003;AND,
WHEREAS,ELDS in said Agreement is subject to the following requirements or
conditions:
1)ELDS shall have a site plan approved by the City of Waukee Council no later
than September 30,2003;
2)ELDS will begin construction of the Project no later then October 30,2003,
and to substantially complete construction no later then December 31,2006,
subject to any delays beyond the reasonable control of the Company;
3)ELDS agrees to submit receipts of eligible expenses as described in Exhibit D
for certification by the City not to exceed $1,250,000;
4)ELDS must complete the independent care living facility no later than
December 31,2005,and the townhomes no later than December 31,2006 in
accordance with the Company's obligations hereunder and submission of the
Certificate of Completion as set forth in Exhibit D;
5)ELDS must make timely payments of property taxes and submit to the City a
receipt or canceled check as evidence of each tax payment;AND,
WHEREAS,ELDS submitted a Council approved Site Plan prior to September 30,2003,
began construction of the project prior to October 30,2003 and has completed the
infrastructure as outlined in Exhibit C of the Agreement;AND,
WHEREAS,ELDS has failed to proceed with construction of the independent facility
due to financial concems and a search by ELDS for a different long term fixed rate
lender;AND,
WHEREAS,ELDS has secured more favorable funding and is seeking a change in the
following prior to requesting a building permit from the City:
(1)the snbstantially complete construction date to be no later than December 31,
2007 rather than December 31,2006;
(2)completion of the independent care living facility to be no later than
December 31,2006 rather than December 31,2005;
(3)completion of the townhomes to be no later than December 31,2007 rather
than December 31,2006;AND,
WHEREAS,City staff have reviewed the ELDS request and find that "the change
requested by Mr.Ewing to the completion date for the project does not deviate from the
original intent and benefit to the developer"or to the City.)
NOW THEREFORE BE IT RESOL YED by the City of Waukee City Council in
session this 16th day of May 2005 that it hereby approves the amendment to the
Development Agreement with Ewing Land Development &Services,L.L.C.in which the
(1)substantially complete construction date will be December 31,2007;(2)the
independent care living facility will be completed no later than December 31,2006;and
(3)completion ofthe townhomes will be no later than December 31,2007.
Attest:
ROLL CALL VOTE AYE NAY ABSENT
1NicholasC.Gruber X
Donald L.Bailey,Jr.X
Bill Peard X
JeffV.Mertz X
Darlene Stanton X
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