HomeMy WebLinkAbout2012-03-19-Resolutions 12-63_TEAM Des Moines Partners - Development Agr - AmendmentTHE CITY OF WAUKEE,IOWA
RESOLUTION 12-63
APPROVING AN AMENDED AND RESTATED DEVELOPERS AGREEMENT
BETWEEN TEAM DES MOINES PARTNERS,LLC AND THE CITY OF
WAUKEE,IOWA
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,in Resolution 08-108 the City of Waukee approved a site plan subj ect to
the terms of a Developer's Agreement concerning the structure to be built on the
premises;AND,
WHEREAS,said Developer's Agreement was recorded on November 16,2008 in the
public records of Dallas County,State of Iowa at Book 2008,Page 15674 regarding
Developer's improvement ofthe real property legally described as follows:
Lot 1 of The Crossing at Alice's Road Plat 3,an Official Plat within the City of
Waukee,Dallas County,Iowa;AND,
WHEREAS,the Site Plan for Lot 1 of The Crossing at Alice's Road Plat 3 -Team
Technologies was proposed to be constructed in three (3)phases with the fmal phase
being completed by September 1,2011;AND
WHEREAS,in order to accommodate efficient phasing for the project,the Owner
proposed that the west elevation of the building constructed in Phase 1,and moved in
Phase 2,be exempted from the site plan requirement which require a minimum of 70%
brick,stone or glass;AND
WHEREAS,Developer and the City entered into an Amended and Restated
Developers Agreement recorded on December 27,2010 in the public records of Dallas
County,State oflowa at Book 2010,Page 18226 (the "Amended Agreement")which
Amended Agreement substituted the Original Agreement and provided an extension of
time for the completion of Phase 2 and 3;AND
WHEREAS,Developer now requests that the City allow Developer to combine the
phase 2 and 3 improvements (now collectively referred to as "Phase 2")and extend the
time for completion of the same as set forth herein;AND
NOW THEREFORE BE IT RESOLVED,that the amended and restated developers
agreement between Team Des Moines Partners,LLC and the City of Waukee is
approved.
BE IT FURTHER RESOL YED that the City Clerk is hereby authorized aud directed
to file the Developers Agreement,as well as any other documents related thereto,with
the Dallas County Recorder upon satisfaction of the condition for approval.
Passed by the City Council of the City of Waukee,Iowa,and approved this the 19th d
of March,2012.
Shan~rJMreh
Attest:
ROLL CALL VOTE
Shaue Blauchard
Dan Dutcher
Casey L.Harvey
Shelly Hughes
Mike Watts
AYE
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NAY ABSENT ABSTAIN