HomeMy WebLinkAbout2024-02-20 Resolution 2024-093_Accept Dedication of Phase 1 Quality of Life Improvements, Waukee Towne Center LLCTHE CITY OF WAUKEE, IOWA
RESOLUTION 2024-093
RESOLUTION ACCEPTING THE DEDICATION OF THE PHASE ONE
QUALITY OF LIFE IMPROVEMENTS AND OUTLOT Y IN WAUKEE TOWNE
CENTER PLAT 3 AND AUTHORIZING OTHER ACTION PURSUANT TO THE
AGREEMENT WITH WAUKEE TOWNE CENTER, LLC.
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE, 10WA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal
Organization; AND,
WHEREAS, the City entered into an Amended and Restated Agreement for Private Development
with Waukee Towne Center, LLC ("WTC'") and Waukee Towne Center II, LLC ("WTC II") dated
September 18, 2023 (hereinafter referred to as "Agreement")-, and
WHEREAS, pursuant to Section 3.3(b) of the Agreement, WTC has submitted a request to
dedicate the Phase One Quality of Life Improvements and Outlot Y in Waukee Towne Center Plat
3, an Official Plat, now in and forming a part of the City of Waukee, Dallas County, Iowa
('Dedication") together with an escrow agreement securing the completion of landscape elements
that have not yet been completed due to the existing winter season; and
WHEREAS, the City is willing to accept the Dedication free of any and liens and encumbrances
in accordance with the Agreement, subject to completion of the remaining landscaping in
accordance with the escrow agreement and the deposit of funds securing completion; and
WHEREAS, pursuant to Section 8.2(a) of the Agreement, subject to Developer being and
remaining in compliance with the Agreement, a payment of $2,100,000.00 dollars is to be made
by the City to WTC within 30 days of the dedication of Outlot Y and the Phase One Quality of
Life Improvements.
NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WAUKEE, IOWA that the City hereby accepts the Dedication, free of any and liens
and encumbrances, in accordance with the Agreement, subject to completion of the remaining
landscaping in accordance with the escrow agreement and the deposit of funds securing completion
which is hereby approved.
BE IT FURTHER RESOLVED, that the temporary access agreement to Waukee Towne Center,
LLC to access the dedicated property for the purposes of constructing and installing Phase Two
Quality of Life Improvements and other infrastructure as provided in the Agreement is hereby
approved.
BE IT FURTHER RESOLVED, that following recordation of the conveyance documents for the
Dedication with the Dallas County Recorder and the deposit of the funds contemplated by the
escrow agreement, the City is authorized to make the payment contemplated in Section 8.2(a) of
the Agreement. The funds may be released and dispersed as directed by Waukee Towne Center,
LLC.
Passed and adopted this 20th day of February, 2024.
R. Charl ottenberg, Mayor Pro Tern
Attest:
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE:
AYE NAY ABSENT ABSTAIN
R. Charles Bottenberg
X
Chris Crone
X
Rob Grove
X
Anna Bergman Pierce
X
Ben Sinclair
X