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HomeMy WebLinkAbout2008-02-04-Resolutions 08-32_Shottenkirk - Development Agr - Fourth AmendmentRESOLUTION NO.08-32 A resolution to approve an extension of the time period for completion of conditions under the Development Agreement,dated September 20,2005,and the First Amendment thereto,dated June 18,2007,and the Second Amendment dated September 10,2007,and the Third Amendment dated November 19,2007, between City of Waukee and Shottenkirk Partnership,LC WHEREAS,on September 20,2005,a Development Agreement was executed by the City of Waukee and The Tenth Mile,L.L.C.(hereinafter referred to as the "Developer");and WHEREAS,a First Amendment to the Development was executed by the City and the Developer on June 18,2007;and WHEREAS,a Second Amendment to the Development was executed by the City and the Developer on September 10,2007;and WHEREAS,a Third Amendment to the Development was executed by the City and the Developer on November 19,2007;and WHEREAS,the Development Agreement,as amended by the First,Second and Third Amendments thereto,sets forth certain time limits within which the Developer is obligated to submit site plans,apply for building permits and obtain certificates of occupancy concerning the construction of improvements for a Shottenkirk -Waukee,Inc.,Chevrolet franchise dealership on real estate legally described as Waukee Development,Plat 1 Parcel BLot 3;and WHEREAS,pursuant to paragraph 4 of the Development Agreement,as amended,the Developer,Shottenkirk Partnership,LP,successor in interest to The Tenth Mile,LLC,has submitted to the City a written application for an extension of a certain time deadline as set forth in subparagraph 4.a.,b,.c.of the Development Agreement,from February 18,2008 to February 25,2008,so that the amended subparagraph 4.a.,b.,c.shall provide as follows: a.On or before February 25,2008,the property owner shall submit a site plan which complies with all applicable ordinances and is acceptable to the City Council of the City of Waukee for a development project that complies with all "C-l"zoning and Arterial Corridor Overlay District building standards and other applicable standards and laws. b.On or before March 3,2008,the property owner shall obtain a building permit from the City for a development project that complies with all "C-l"zoning and Arterial Corridor Overlay District building standards and all other applicable standards and laws. c.On or before March 15,2009,the construction and improvements shall be completed by property owner in accordance with the approved site plan and in compliance with all laws,ordinances and standards applicable to the property, and property owner shall secure a certificate of occupancy from the City,in the manner specified in the applicable ordinances,for the completed project 1 that complies with all "C-I"zoning and Arterial Corridor Overlay District building standards. WHEREAS,based on all of the facts and circumstances surrounding the Developer's project,it is the determination of the City Council that the Developer's application should be granted. NOW,THEREFORE,It Is Resolved by the City Council of the City of Waukee,Iowa,as follows: Section 1.The attached Fourth Amendment to the Development Agreement between the City and Shottenkirlc Partnership LP,successor in interest to The Tenth Mile,L.L.C.,is hereby approved for the purpose of deleting original subparagraph 4.a.,b.,c.therefrom,and by substituting the following new subparagraph 4.a.,b.,c.in lieu thereof: a.On or before February 25,2008,the Developer shall submit a site plan which complies with all applicable ordinances and is acceptable to the City Council of the City of Waukee for a development project that complies with all "C-I" zoning and Arterial Corridor Overlay District building standards and other applicable standards and laws. b.On or before March 3,2008,the Developer shall obtain a building permit from the City for a development project that complies with all "C-I"zoning and Arterial Corridor Overlay District building standards and all other applicable standards and laws. c.On or before March 15,2009,the construction and improvements shall be completed by Developer in accordance with the approved site plan and in compliance with all laws,ordinances and standards applicable to the property, and property owner shall secure a certificate of occupancy from the City,in the manner specified in the applicable ordinances,for the completed project that complies with all "C-I"zoning and Arterial Corridor Overlay District building standards. Section 2.The Mayor is authorized and directed to sign the attached Fourth Amendment on behalf of the City of Waukee,and the City Clerk is authorized and directed to attest to the Mayor's signature. Section 3.The City Clerk is directed to present the Fourth Amendment to Shottenkirk Partnership LP,successor in interest to The Tenth Mile,L.L.c.,for the purpose of obtaining the execution of the Fourth Amendment by said Developer. Passed and approved February 4,2008. 2 -) I I Attest: ROLL CALL VOTE Donald L.Bailey,Jr. Casey L.Harvey C.Isaiah McGee Darlene Stanton Mike Watts AYE X X X X X NAY 3 ABSENT ABSTAIN