HomeMy WebLinkAbout2007-09-10-Resolutions 07-184_Shottenkirk - Development Agr - Second AmendmentRESOLUTION NO.07-184
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,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;
WHEREAS,the Development Agreement,as amended by the First Amendment 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 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 July 10,
2007 to September 16,2007,so that the amended subparagraph 4.a.,b.,c.shall provide as
follows:
a.On or before November 19,2007,the property owner shall submit a site plan
which complies with all applicable ordinances and is approved by the City
Council of the City of Waukee for a development project that complies with
all "C-1"zoning and Arterial Corridor Overlay District building standards.
b.On or before December 3,2007,the property owner shall apply for and
receive a building permit from the City for a development proj ect that
complies with all "C-1"zoning and Arterial Corridor Overlay District
building standards.
c.On or before December 31,2008,the property owner shall apply for and
receive a certificate of occupancy from the City for a development project that
complies with all "C-1"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
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prior classification of "M-1A,"without any further action by the City Councilor
any other City representative,and all uses of the subj ect property that do not
conform to the "M-1A"District regulations shall be unlawful and shall cease.
WHEREAS,based on all of the facts and circumstances surrounding the Developer's
proj ect,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 Second Amendment to the Development Agreement between
the City and 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 November 19,2007,the property owner shall submit a site plan
which complies with all applicable ordinances and is approved by 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.
b.On or before December 3,2007,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 December 31,2008,the property owner shall apply for and
receive a certificate of occupancy from the City for a development project that
complies with all "C-1"zoning and Arterial Corridor Overlay District
building standards.
Section 2.The Mayor is authorized and directed to sign the attached Second
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 Second 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 September 10,2007.
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Attest:
ROLL CALL VOTE
Donald L.Bailey,Jr.
Isaiah McGee
Jeff Mertz
Darlene Stanton
Mike Watts
NAYAYE
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ABSENT