HomeMy WebLinkAbout2023-05-15 I01F_04 Satisfaction of Agreement_Waukee Betterment FoundationAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: May 15, 2023
AGENDA ITEM:Consideration of approval of a resolution approving Acknowledgment of
Satisfaction and Termination of the Triumph Park Contribution Agreements
between the City of Waukee and the Waukee Betterment Foundation
FORMAT:Consent Agenda
SYNOPSIS INCLUDING PRO & CON: The City of Waukee and the Waukee Betterment
Foundation entered into two agreements concerning the contribution of
private funding by the Foundation for the construction of the Miracle League
Field, Epic Playground and a fishing pier. These agreements were dated
March 18th 2020 and September 8, 2020. The Foundation successfully raised
funds from private sources and paid the City the sum of $2,625,000.00 to fully
fund the construction costs incurred by the City for the Miracle League Field,
Epic Playground, and fishing pier.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Acknowledgment of Satisfaction of the Triumph Park Agreement
PREPARED BY: Matt Jermier
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
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THE CITY OF WAUKEE, IOWA
RESOLUTION 2023-
APPROVING ACKNOWLEDGMENT OF SATISFACTION AND TERMINATION OF
THE TRIUMPH PARK CONTRIBUTION AGREEMENTS BETWEEN THE CITY OF
WAUKEE AND THE WAUKEE BETTERMENT FOUNDATION
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, on March 18, 2020, and September 8, 2020, the City of Waukee entered into
contribution agreements with the Waukee Betterment Foundation for the construction of the
Miracle League® field, Epic Playground and fishing pier within Triumph Park; AND,
WHEREAS, the City of Waukee and the Waukee Betterment Foundation acknowledge the full
and complete satisfaction of both Agreements.
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 said Agreements are
terminated and of no further effect.
Passed by the City Council of the City of Waukee, Iowa, and approved this the 15th day of May,
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
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ACKNOWLEDGMENT OF SATISFACTION AND TERMINATION OF THE
TRIUMPH PARK CONTRIBUTION AGREEMENTS BETWEEN THE CITY OF
WAUKEE AND THE WAUKEE BETTERMENT FOUNDATION
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 the Waukee Foundation, Inc. (“the Foundation”).
WHEREAS, the Parties entered into agreements dated March 18th 2020 and September 8,
2020 concerning the contribution of private funding by the Foundation for the construction of the
“Miracle Field”; “Epic Playground”; and a fishing pier, as part of the City’s construction of the
public recreation and sports complex known as Triumph Park as more particularly provided in
said agreements (hereinafter referred to collectively as “Agreements”); and
WHEREAS, with the help of, and in reliance on the ultimate receipt of funds from the
Foundation pursuant to the Agreements, the City of Waukee undertook to complete its first
construction phase of the City Project, the Miracle Field; Epic Playground; and fishing pier as
contemplated by the Agreements; and
WHEREAS, the Foundation successfully raised funds from private sources and paid the
City the sum of $2,625,000.00 to fully fund the construction costs incurred by the City for the
Miracle Field; Epic Playground; and fishing pier as contemplated by the Agreements
WHEREAS, the Parties desire to close out the project contemplated by the Agreements
and acknowledge the full and complete satisfaction of the Agreements by both parties and
otherwise terminate the Agreements.
BE IT THEREFORE AGREED BY BOTH PARTIES AS FOLLOWS:
1. The City completed the construction of the Miracle Field; Epic Playground and fishing
pier as part of the City Project as contemplated by the Agreements.
2. The Foundation contributed the private funding necessary to fully fund the construction
of the Miracle Field; Epic Playground and fishing pier by the City as contemplated by the
Agreements.
3. That the Parties agree that the Agreements are fully satisfied and terminated and of no
further effect.
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WAUKEE FOUNDATION, INC. CITY OF WAUKEE, IOWA
By: _________________________________ By: __________________________________
Print Name: ___________________________ Courtney Clarke, Mayor
Print Title: ___________________________
Rachel Scheve
President