HomeMy WebLinkAbout2007-06-18-Resolutions 07-120_Shottenkirk - Development Agr - First AmendmentRESOLUTION NO.07-120
A resolution to approve an extension of the time period for completion of
conditions under Development Agreement,dated September 20,2005,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,the Development Agreement 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,the Developer has
submitted to the City a written application for an extension of certain time deadlines as set forth
in subparagraphs 4.a,4.b and 4.c of the Development Agreement;and
WHEREAS,in its application,the Developer specifically requests that subparagraphs 4.a,
4.b and 4.c of the Development Agreement be amended to provide as follows:
a.On or before July 10,2007,the property owner shall submit a site plan,and on
or before September 16,2007,the property owner shall seek City Council site
plan approval,for a development project that complies with all "C-l"zoning
and Arterial Corridor Overlay District building standards.
b.On or before September 16,2007,the property owner shall apply for and
receive a building permit from the City for a development project that
complies with all "C-l"zoning and Arterial Corridor Overlay District
building standards.
c.On or before June 18,2008,the property owner shall apply for and receive a
certificate of occupancy from the City for a development project that complies
with all "C-I"zoning and Arterial Corridor Overlay District building
standards.
WHEREAS,the last unnumbered subparagraph of paragraph 4 of the Development
Agreement provides the following consequences in the event that the Developer fails to comply
with the time limitations of subparagraphs 4.a,4.b and 4.c:
If the property owner fails to comply with any of the foregoing conditions a,b or
c,and if the property fails to obtain an extension of the time for completion of any
of said conditions from the City Council on or before the end of the applicable
time period,then the zoning of the subject property shall immediately revert to its
prior classification of "M-lA,"without any further action by the City Councilor
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any other City representative,and all uses of the subject property that do not
conform to the "M-IA"District regulations shall be unlawful and shall cease.)WHEREAS,in its application,the Developer stated that the requested extension of the
time deadlines is justified by virtue of the Developer's efforts in working diligently to move
forward with its development project,including preparing a site plan and exercising land options
for various properties that are intended to be a part of the total development project;and
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 First Amendment to the Development Agreement between
the City and The Tenth Mile,L.L.C.,is hereby approved for the purpose of deleting original
subparagraphs 4.a,4.b and 4.c therefrom,and by substituting the following new subparagraphs
4.a,4.b and 4.c in lieu thereof:
a.On or before July 10,2007,the property owner shall submit a site plan,and on
or before September 16,2007,the property owner shall seek City Council site
plan approval,for a development project that complies with all "C-1"zoning
and Arterial Corridor Overlay District building standards.
b.On or before September 16,2007,the property owner shall apply for and
receive a building permit from the City for a development project that
complies with all "C-1"zoning and Arterial Corridor Overlay District
building standards.
c.On or before June 18,2008,the property owner shall apply for and receive a
certificate of occupancy from the City for a development 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 First
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 First Amendment to The Tenth
Mile,L.L.C.,for the purpose of obtaining the execution of the First Amendment by said
Developer.
Passed and approved June 18,2007.
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Attest:
ROLL CALL VOTE
Donald L.Bailey,JI.
Isaiah McGee
JeffV.Mertz
Darlene Stanton
Mike Watts
AYE
X
X
NAY
X
ABSENT
X
X
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