HomeMy WebLinkAbout2007-11-19-Resolutions 07-244_Shottenkirk - Development Agr - Third AmendmentRESOLUTION NO.07-244
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,between City of Waukee and The Tenth Mile,L.L.C.
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
WHEREAS,the Development Agreement,as amended by the First and Second
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 conceming 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 November 19,2007 to February
18,2008,so that the amended subparagraph 4.a.,b.,c.shall provide as follows:
a.On or before February 18,2008,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 proj ect 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
that complies with all "C-l"zoning and Arterial Corridor Overlay District
building standards.
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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 Third Amendment to the Development Agreement between
the City and Shottenkirk 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 18,2008,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-l"
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-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 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-l"zoning and Arterial Corridor Overlay District
building standards.
Section 2.The Mayor is authorized and directed to sign the attached Third
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 Third Amendment to Shottenkirk
Partnership LP,successor in interest to The Tenth Mile,L.L.c.,for the purpose of obtaining the
execution of the Third Amendment by said Developer.
Passed and approved November 19,2007.
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Attest:
ROLL CALL VOTE
Donald L.Bailey,Jr.
Isaiah McGee
Jeff Mertz
Darlene Stanton
Mike Watts
AYE
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NAY
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ABSENT