HomeMy WebLinkAbout2023-01-30 D01B Satisfaction of Development Agreement - Kettlestone Boulevard Improvements Packet AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: January 30, 2023
AGENDA ITEM: Consideration of approval of a Resolution approving Release and Satisfaction
of Development Agreement between the City of Waukee, Oakleaf Properties,
L.C. and AP GPP, L.C. [Kettlestone Boulevard Improvements]
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: The City entered into an agreement in 2020 regarding
improvements associated with the construction of Kettlestone Boulevard
located west of Grand Prairie Parkway. The improvements completed
included additional lane and turning movements that were beyond what would
have been normally required of the development. Per the terms of the
agreement, AP GPP, L.C. was responsible for the construction of the
improvements and then requesting reimbursement from the City upon
completion of said improvements.
The improvements were completed and the City has previously reimbursed
AP GPP, L.C. for the City’s portion of the improvements. The co-parties to
the agreement are requesting a satisfaction of the Development Agreement in
order to clean up title for purposes of a real estate transaction.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: The project has been completed and the Release of
Development Agreement can be considered for approval.
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution
II. Satisfaction of Agreement
III. Original Development Agreement
PREPARED BY: Brad Deets, City Administrator
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
D1B
1
THE CITY OF WAUKEE, IOWA
RESOLUTION 23-
APPROVING SATISFACTION OF DEVELOPMENT AGREEMENT – OAKLEAF
PROPERTIES L.C. AND AP GPP, L.C. [KETTLESTONE BOULEVARD
IMPROVEMENTS]
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, Oakleaf Properties, L.C. and AP GPP L.C., entered into a Development
Agreement (“Agreement”) with the City of Waukee, dated August 25, 2020 and recorded on
August 31, 2020 in Book 2020 Page 22914, Dallas County, Iowa regarding shared costs and
obligations related to the construction of Kettlestone Boulevard.
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
Oakleaf Properties L.C. and AP GPP, L.C. and their successors and assigns, from all
obligations under said Developers Agreement.
Passed by the City Council of the City of Waukee, Iowa, and approved this the 30th day of
January 2023.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair
Prepared by: Bradly M. Deets, City of Waukee, 230 W. Hickman Road, Waukee, IA 50263 (515) 978-7899
Return to: Rebecca D. Schuett, City Clerk City of Waukee, 230 W. Hickman Road, Waukee, IA 50263 (515) 978-7904
SATISFACTION OF DEVELOPMENT AGREEMENT
RECITALS
A. Oakleaf Properties, L.C., AP GPP, L.C. and the City of Waukee, Iowa,
(“City”) ( “Parties”), entered into that certain Development Agreement dated August
25, 2020 and recorded August 31, 2020 in Book 2020 at Page 22914 in the office of
the Recorder of Dallas County, Iowa (the “Agreement”).
B. All Parties have satisfied their obligations related to the Agreement.
NOW, THEREFORE, the City does hereby acknowledge that Oakleaf Properties,
L.C. and AP GPP, L.C. have satisfied its obligations of the Agreement in relation to
the Property and the Property is hereby released from the obligations and provisions
of the Agreement and such lien is hereby redeemed, paid off, satisfied and discharged
in full as it relates to the Property.
This release shall be filed of record with the Dallas County, Iowa, Recorder.
Words and phrases herein, including acknowledgement hereof, shall be construed
as in the singular or plural, and as masculine, feminine or neuter gender, according to
the context.
Dated: __________________, 2023
CITY OF WAUKEE, IOWA,
An Iowa municipal corporation
By:________________________
Courtney Clarke, Mayor
By:________________________
Rebecca D. Schuett, City Clerk
STATE OF IOWA, COUNTY OF DALLAS:
On this ____ day of _______________ 2023, before me, the undersigned, a
Notary Public in and for said County and State personally appeared Courtney Clarke
and Rebecca D. Schuett, to me personally known, who being by me duly sworn, did
say they are the Mayor and City Clerk of the City of Waukee, Iowa, a municipal
corporation, executing the within and foregoing instrument and acknowledged that
they executed the same as their voluntary act and deed of the City of Waukee, by it
and by them voluntarily executed.
By:________________________
Notary Public in and for said State of
Iowa