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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 1 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. 2 Attest: ROLL CALL VOTE Donald L.Bailey,JI. Isaiah McGee JeffV.Mertz Darlene Stanton Mike Watts AYE X X NAY X ABSENT X X 3