HomeMy WebLinkAbout2022-03-07-J01H_13 Satisfaction of Developer's Agreement_Broderick AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: March 7, 2022
AGENDA ITEM: Consideration of approval of resolution approving Satisfaction of
Developer’s Agreement
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: Philip E. Broderick, LLC, Charlotte R. Broderick,
LLC, and Signature Development of Iowa, LLC, have requested the City
approve a satisfaction of this agreement as it pertains to a real estate
transaction that they are working on. The agreement in question was
associated with improvements related to a box culvert for NW Sunrise
Drive that has since been completed.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Staff has reviewed the Agreement and believes the
agreement can be satisfied.
RECOMMENDATION: Approve the Resolution
ATTACHMENTS: I. Proposed Resolution
II. Proposed Satisfaction
PREPARED BY: Andy Kass, Community Development Director
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
J1H13
1
THE CITY OF WAUKEE, IOWA
RESOLUTION 22-
APPROVING SATISFACTION OF DEVELOPER’S AGREEMENT – BRODERICK
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized
Municipal Organization; AND,
WHEREAS, Philip E. Broderick, LLC, Charlotte R. Broderick, LLC, and Signature
Companies of Iowa, LLC, entered into a Development Agreement (“Agreement”) with the
City of Waukee, dated March 2, 2020 and recorded on September 18, 2020 in Book 2020
Page 25165, Dallas County, Iowa regarding installation of a box culvert.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa
that the terms of the Agreement have been fully satisfied by all parties and the City releases
Philip E. Broderick, LLC, Charlotte R. Broderick, LLC, Signature Companies of Iowa, LLC,
and Waukee Commons, LC, and their successors and assigns, from all obligations under said
Agreement.
Passed by the City Council of the City of Waukee, Iowa, and approved this the 7th day of
March, 2022.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman Pierce
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair
PLEASE RETURN TO: City Clerk, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263
Prepared by: Steven P. Brick, 6701 Westown Parkway, Suite 100, West Des Moines, Iowa 50266; (515) 274-1450
RELEASE AND SATISFACTION OF AGREEMENT
The City of Waukee, an Iowa municipal corporation in the State of Iowa (hereinafter
referred to as "City") entered into a Developer’s Agreement with Philip E. Broderick, LLC; and
Charlotte R. Broderick, LLC; Waukee Commons L.C., and Signature Development of Iowa,
L.L.C. (collectively referred to as “Parties). The Developer’s Agreement executed by the Parties
was recorded in Book 2020 page 25165 in the Office of the Dallas County Recorder on September
18, 2020 (hereinafter referred to as "Agreement”). The Agreement required the respective Parties
to perform certain undertakings more particularly set forth therein. The Parties, and each of them,
have performed their respective obligations as required by the Agreement. The private parties have
requested that the City provide a release and satisfaction reflecting the performance by all parties
of their respective obligations under the Agreement and to clear any cloud of title.
The City does acknowledge and agree that the Agreement executed by the Parties and
recorded in Book 2020 page 25165 in the Office of the Dallas County Recorder on September 18,
2020 has been fully performed by the Parties and is therefore fully satisfied, completed and shall
be of no further effect. The City does release the other Parties, and each of them, from any further
obligation under the Agreement. Any lien or encumbrance arising from the Agreement in favor of
the City is hereby released and satisfied and shall be of no further effect.
CITY OF WAUKEE, IOWA
By: ___________________________________, Mayor
By: ___________________________________, City Clerk
Date:___________________, 2022
(City Seal)
STATE OF IOWA, DALLAS COUNTY, ss:
On this _____ day of _________________, 2022, before me the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D. Schuett,
to me personally known, who, being by me duly sworn, did say that they are the Mayor and City
Clerk, respectively, of the City of Waukee, Iowa; that the instrument was signed and sealed on
behalf of the City by authority of its City Council, as contained in Resolution No. ______ passed by
the City Council on the _____ day of ______________, 2022, and that Courtney Clarke and
Rebecca D. Schuett, as such officers, acknowledged the execution of the instrument to be the
voluntary act and deed of the City, by it and by them voluntarily executed.
_______________________________________________
Notary Public in and for the State of Iowa