HomeMy WebLinkAbout2002-11-04-Resolutions 02-171_Downing Development - Agr and Mutual ReleaseRESOLUTION NO.02-171
AGREEMENT AND MUTUAL RELEASE
WHEREAS,Downing Development,Ltd.(Downing Development)and the City
of Wankee (the City)have a dispute regarding the obligations of Downing to pay certain
park impact fees and/or to dedicate park land,and construct bike trails for the benefit of
the City of Waukee related to Enterprise Business Park Plat 3 and 4,Sunrise Meadows,
Plat I and 2,and Meadowland Town Homes Plat 1,and;
WHEREAS,the City,among other things,has raised the issue of whether a letter
dated November 7,1995,to the City of Waukee and signed by Jeffrey N.Downing on
behalf of Downing Development creates obligations of Downing Development,and;
WHEREAS,the City and Downing Development desire to amicably resolve these
disputes;
THEREFORE,it is agreed as follows:
1.Payment by Downing.Downing Development win pay to the City the
sum of $9,077.06 in addition to an sums previously paid to the City of Waukee,in fun
and complete satisfaction of an claims,demands,or obligations of any kind related to
park impact fees or park land dedication requirements of any ordinance of the City of
Waukee,related to Enterprise Business Park Plat 3 and 4,Sunrise Meadows,Plat 1 and 2,
and Meadowland Town Homes Plat 1.
2.Construction of Bike Trails.Downing Development agrees to continue to
develop bike trails on the above described developments that have previously been
approved by the City.
3.Release.In exchange for the consideration in paragraphs 1 and 2,the City
releases,acquits,and forever discharges Downing Development from any obligations to
pay park impact fees,to dedicate park land pursuant to any ordinances of the City,
including,hut not limited to any obligations pursuant to the letter dated November 7,
1995,related to Enterprise Business Park Plat 3 and 4,Surrrise Meadows,Plat 1 and 2,
and Meadowland Town Homes Plat 1,or to pay any other amounts related to the above-
named developments.
4.No Admission.This Agreement and Mutual Release is a compromise of
disputed claims as to the above-described developments only,and is not an admission by
either party of any liability of any kind.
5.Complete Agreement.This Agreement and Mutual Release represents the
complete agreement of the parties and may be amended only in writing signed by the
parties.
I
6.Authority.Steve Downing hereby represents that he has corporate
authority of Downing Development,Ltd.to execute this instrument on behalf of said
corporation as its president.
AGREED:
Downing Development,Ltd.City of Waukee,Iowa
!o!.Y-by by ,Dt!«:A-152&-'
Steve Downing,President (date)Mark D.Leslie,Mayor (date)
Attest:O\f~
'Mark J.Are ts n,Clerk!Administrator
ROLL CALL VOTE
Nicholas C.Gruber
Donald L.Bailey,JI.
Bill Peard
Mike Watts
Wayne Johnson
AYE
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NAY ABSENT
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