HomeMy WebLinkAbout2014-10-06-Resolutions 14-274_Crossing at Alice's Road P3 Lot 1 - Developer Agr AmendmentTHE CITY OF WAUKEE,IOWA
RESOLUTION 14-274
APPROVING AN AMENDED AND RESTATED DEVELOPERS AGRKEMKNT
BETWEEN TEAM DES MOINES PARTNERS,LLC AND THE CITY OF
WAUIWK,IOWA
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF 8'3 USE,IOPM
WHEREAS,in Resolution 08-108 the City of Waukee approved a site plan subject 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 of the 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 final 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
WHKRKAS,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 of Iowa 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 and the City entered into an Amended and Restated
Developers Agreement recorded on April 12,2012 in the public records of Dallas
County,State of Iowa at Book 2012,Page 5669 which,through amending and restating
the 2010 Amended Agreement,allowed Developer to combine the phase 2 and 3
improvements and extended the time for completion of the same;AND
WHEREAS,Developer and the City have now reached an agreement further extending
the time for completeion of Phase 2 and desire to further amend and restate the 2012
Agreement as provided herein;AND
NOW THEREFORE BE IT RESOLVED,that the amended and restated developers
agreement between Team Des Moines Partners,LLC and the City of %aukee is
approved.
BK IT FURTHER RESOLVED that the City Clerk is hereby authorized and 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 6'"day
of October,2014.
illiam .Pear,Mayor
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Casey L.Harvey
Shelly Hughes
Rick Peterson
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NAY ABSENT ABSTAIN