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HomeMy WebLinkAbout2023-04-03 J01F_03 Satisfaction of Agreement - Northwest High School and Triumph ParkAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: April 3, 2023 AGENDA ITEM:Resolution approving Acknowledgement of Satisfaction and Termination of Agreements between the City of Waukee and the Waukee Community School District (Triumph Park/Waukee Northwest High School) FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The City of Waukee and the Waukee Community School District entered into a 28E Agreement in 2016 concerning the joint acquisition of property for the purposes of developing Northwest High School and Triumph Park. This agreement was followed by a supplement which laid out terms for the development of the property in 2019. As a part of the terms, the City and School District both agreed to improvements that would benefit both properties with the anticipation that final construction costs would be tabulated at the end. After all costs have been tabulated and various payments have been applied, it has been determined that the City owes the School District $820,899.98 based upon the completed improvements and the allocation of costs as defined within the agreement. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:$820,899.98 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: All improvements have been completed as anticipated within the agreement and City staff agrees with the final allocation of costs. RECOMMENDATION: Staff recommends approval of the resolution to satisfy and terminate the agreement between the City and School District as it pertains to acquisition and costs of construction related to Northwest High School and the City of Waukee ATTACHMENTS: I. Proposed Resolution II. Satisfaction Agreement PREPARED BY:Brad Deets, City Administrator REVIEWED BY: J1F3 THE CITY OF WAUKEE, IOWA RESOLUTION 2023- APPROVING SATISFACTION AND TERMINATION OF AGREEMENTS BETWEEN CITY OF WAUKEE AND WAUKEE COMMUNITY SCHOOL DISTRICT CONCERNING THE JOINT DEVELOPMENT OF CERTAIN PROPERTY – TRIUMPH PARK/NORTHWEST HIGH SCHOOL 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, Waukee entered into a 28E Agreement with Waukee Community School District dated May 9, 2016 and filed with the Iowa Secretary of State on May 10, 2016 concerning the acquisition of certain Property and after completing said acquisition, entered into a supplement Agreement filed with the Iowa Secretary of State on March 19, 2019 to set forth arrangements relative to the development of the property and construction of various public facilities; AND, WHEREAS, there were various financial obligations to both parties contemplated by virtue of the agreements in connection with the development of the property and following completion of the improvements, it was determined that the City owed the School District $820,899.98. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa that the terms of the Agreements have been fully satisfied by all parties and the City agrees to make payment to the school district in the amount of $820,899.98. Passed by the City Council of the City of Waukee, Iowa, and approved this the 3rd day of April 2023. ____________________________ 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 ACKNOWLEDGMENT OF SATISFACTION AND TERMINATION OF AGREEMENTS FILED WITH THE IOWA SECRETARY OF STATE’S OFFICE ON MAY 10, 2016 AND ON MARCH 19, 2019 BETWEEN THE CITY OF WAUKEE AND THE WAUKEE COMMUNITY SCHOOL DISTRICT CONCERNING THE JOINT DEVELOPMENT OF CERTAIN PROPERTY (TRIUMPH PARK/WAUKEE HIGH SCHOOL NORTHWEST) This acknowledgment of satisfaction and termination of agreements is entered into between the City of Waukee, an Iowa municipal corporation in the State of Iowa (hereinafter referred to as "City"); and Waukee Community School District, (hereinafter referred to as "WCSD" or the “District”); (The City, and WCSD may also be collectively referred to as “Parties”). WHEREAS, the Parties entered into an Agreement under Iowa Code Chapter 28E dated May 9, 2016 and filed with the Iowa Secretary of State’s Office on May 10, 2016 concerning the acquisition of certain Property more particularly described therein and following the completion of the acquisition and platting of the property that is the subject of the Agreement, the Parties supplemented the Agreement to set forth their agreements relative to the development of the property and construction of various public facilities thereon, said supplement was approved by both parties and filed with the Iowa Secretary of State’s office on March 19, 2019 (hereinafter referred to collectively as “Agreements”); and WHEREAS, as contemplated by the Agreements, the City developed the City Property as a public park and recreational sports complex and associated infrastructure; and WHEREAS, as contemplated by the Agreements, WCSD developed the WCSD Property as a second-high school complex with associated facilities and infrastructure (depicted on Exhibit A attached); and WHEREAS, there were various financial obligations to both Parties contemplated by virtue of the Agreements in connection with the development of the Property owned by each party as well as the associated public infrastructure; and WHEREAS, the Parties have tabulated and determined that, after offsetting various payments and applying the applicable cost allocations between both Parties pursuant to the Agreements, the City owes the District the sum of $820,899.98; and WHEREAS, the Parties desire to close out the project contemplated by the Agreements and fully and completely satisfy their obligations to one another and otherwise terminate the Agreements. BE IT THEREFORE AGREED BY BOTH PARTIES AS FOLLOWS: 1. That each Party has received title to the Property it contemplated by virtue of the Agreements. Neither Party knows of, or otherwise asserts, any claim to a property interest in any portion of the Property titled in the other that is the subject of the Agreements. 2. That each Party represents that it has accounted for all costs incurred by the respective Parties associated with the acquisition, development, grading and construction of the facilities and associated infrastructure undertaken by the Parties pursuant to the Agreements. The Parties agree that after offsetting the costs incurred and the payments made by the respective parties for their respective undertakings pursuant to the Agreements, that upon Payment by the City to the District of the sum of $820,899.98, each Party has satisfied all financial obligations to the other arising from the Agreements. The City will make payment to the District in said amount upon approval of this acknowledgment of satisfaction and termination of agreements by both parties. 3. That both Parties have completed the development, grading and construction activities in accordance with the Agreements and neither Party has any outstanding obligations under the Agreements in that regard. 4. That the District will continue to fulfill its obligations pursuant to section 2(D) of the supplemental agreement filed with the Iowa Secretary of State’s office on March 19, 2019 until the Parties enter into another agreement to address the operation and maintenance of the shared parking facility going forward. 5. That the Parties agree that the Agreements are fully satisfied and terminated and of no further effect. Dated: ____________________________, 2023 [Signature pages to follow.] CITY OF WAUKEE, IOWA By___________________________________, Mayor By___________________________________, City Clerk Date:___________________, 2023 (City Seal) STATE OF IOWA : : SS COUNTY OF DALLAS : On this ______ day of ____________________, 2023, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ______________________ and ____________________, 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 seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council as contained in Ordinance No. ______ passed by the City Council under Roll Call No. ___________ of the City Council on the ______ day of ___________, 2023, and that Mayor and City Clerk, as such officers, acknowledge the execution of said instrument to be the voluntary act and deed of the City of Waukee, by them voluntarily executed. _______________________________________ Notary Public in and for the State of Iowa My Commission expires ___________ Courtney Clarke Rebecca D. Schuett WAUKEE COMMUNITY SCHOOL DISTRICT By _______________________________ By: _______________________________ Wendy Marsh, Board President Angela Countryman, Board Secretary STATE OF IOWA : : SS COUNTY OF DALLAS : On ____________________, 2023, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Wendy Marsh and Angela Countryman, to me personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of the Board of Directors of the Waukee Community School District, the corporation executing the within and foregoing instrument, that no seal has been procured by the corporation; that the instrument was signed on behalf of the corporation by the authority of its Board of Directors; and that the President and Secretary, as such officers, acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. ______________________________ Notary Public in and for the State of Iowa