HomeMy WebLinkAbout2022-11-07 J01G_02 Settlement Agreement & Release_Ashley Acres\AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: November 7, 2022
AGENDA ITEM:Consideration of approval of a resolution approving Settlement Agreement
and Release [Ashley Acres, LLC]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: Ashley Acres, LLC and the City entered into a
Developer’s Agreement approved by the City on August 17, 2020 (Book 2020, Page 22152) Dallas
County Recorder’s Office in which the parties agreed to certain obligations associated with the
development of the property owned by Ashely Acres, LLC west of N Warrior Lane. Ashley Acres,
LLC claims the City breached the Contract by failing to complete its obligation to complete the
extension of water and sewer infrastructure to the property by June 30, 2021. Ashley Acres, LLC
alleged that it is owed damages due to the City’s alleged breach of the Contract. Ashley Acres, LLC
and the City have agreed to settle all the claims and demands that have been asserted.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: City agrees to pay in full and
complete settlement of its claims in the amount of $32,057.75.
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the Resolution.
ATTACHMENTS: I. Resolution
II. Settlement Agreement and Release
PREPARED BY: Beth Richardson
REVIEWED BY: Rudy Koester RK
J1G2
THE CITY OF WAUKEE, IOWA
RESOLUTION 2022-
APPROVING SETTLEMENT AGREEMENT AND RELEASE
[ASHLEY ACRES, LLC]
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, Ashley Acres, LLC and the City entered into a Developer’s Agreement approved by the
City on August 17, 2020 (Book 2020, Page 22152 at the Dallas County Recorder’s Office) in which
the parties agreed to certain obligations associated with the development of the property owned by
Ashley Acres, LLC west of N Warrior Lane; AND,
WHEREAS, Ashley Acres, LLC claims the City breached the Contract by failing to complete the
obligation to complete the extension of water and sewer infrastructure to the property by June 30,
2021: AND,
WHEREAS, Ashley Acres, LLC alleged that it is owed damage due to the City’s alleged breach of the
Contract; AND,
WHERAS, Ashley Acres, LLC and the City have agreed to settle all the claims and demands that have
been asserted in the amount of $32,057.75,
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the
Settlement Agreement and Release between the City of Waukee and Ashley Acres, LLC is hereby
approved.
Passed by the City Council of the City of Waukee, Iowa, and approved the 7th day of November 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