HomeMy WebLinkAbout2024-09-16 I01E_03 Purchase Agr_U Pl Culvert Replacement_White Fox Farms_2024-0514AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: September 16, 2024
AGENDA ITEM:Consideration of approval of a resolution approving Purchase Agreement
2024-0514 with White Fox Farms, LLC and the City of Waukee [U Place
Replacement Project]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: Approval of the Purchase Agreement is necessary to
complete the U Place Culvert Replacement Project.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
Purchase Agreement $13,326.60
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Purchase Agreement
PREPARED BY: Lisa Bauman
REVIEWED BY: Rudy Koester RK
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
I1E3
THE CITY OF WAUKEE, IOWA
RESOLUTION 2024-
APPROVING PURCHASE AGREEMENT 2024-0514 BETWEEN WHITE FOX FARMS, LLC
AND THE CITY OF WAUKEE [U PLACE CULVERT REPLACEMENT PROJECT]
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, the Department of the Army, Corps of Engineers Nationwide Permit No. 14, Linear
Transportation Projects, requires the City to mitigate certain regulated streams and wetlands impacted by
the U Place culvert replacement project; AND
WHEREAS, the City has requested purchase agreements from area mitigation banks that offer stream
and wetland credits to the primary service area for the Upper Des Moines River Basin and City Staff
believe approval of an agreement with White Fox Farms, LLC are in the best interest of the City to
approve; AND
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa, that the
Purchase Agreement between White Fox Farms, LLC, and City of Waukee [U Place Culvert Replacement
Project] are hereby approved.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute any and all documents to
effectuate the Purchase Agreement.
Passed by the City Council of the City of Waukee, Iowa, and approved this the 16th day of
September, 2024.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
R. Charles Bottenberg
Chris Crone
Rob Grove
Anna Bergman Pierce
Ben Sinclair
September 10, 2024
White Fox Farms, LLC
2254 280th Street
Clarion, Iowa 50525
PURCHASE AGREEMENT
Courtney Clarke
Mayor
City of Waukee
805 University Ave.
Waukee, Iowa 50263
Re: CEMVR-RD-2024-0514
White Fox Farms, LLC (White Fox) owns and operates the White Fox Mitigation
Bank legally described as follows:
A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF
SECTION 12, TOWNSHIP 90 NORTH, RANGE 25 WEST OF THE 5TH P.M.,
WRIGHT COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS: REFERRING TO THE SOUTHEAST CORNER OF THE
SOUTHWEST QUARTER OF SAID SECTION 12, THENCE S89°36'59"W
(ASSUMED BEARING) ON THE SOUTH LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 12, 1008.88 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING S89°36'59"W ON SAID SOUTH LINE,
1064.79 FEET; THENCE N00°22'08"E, 847.53 FEET; THENCE N26°15'09"E,
1216.76 FEET; THENCE N60°34'13"E, 85.00 FEET; THENCE N37°19'29"E,
195.25 FEET; THENCE N00°25'57"W, 516.56 FEET TO THE NORTH LINE OF
SAID SOUTHWEST QUARTER; THENCE N89°36'38"E ON SAID NORTH LINE,
1315.65 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST
QUARTER; THENCE S00°33'32"E ON THE EAST LINE OF SAID SOUTHWEST
QUARTER, 1876.50 FEET; THENCE S86°25'41 "W, 587.59 FEET; THENCE
S66°50'59"W, 444.44 FEET; THENCE S00°37'49"W, 566.44 FEET TO THE
POINT OF BEGINNING. CONTAINING 90.04 ACRES, MORE OR LESS.
White Fox Mitigation Bank is operating in accordance with the Federal Guidance
for the Establishment, Use and Operation of Mitigation Banks; Notice published in
the Tuesday, November 28, 1995 Federal Register, Volume 60, No. 228.
The White Fox Mitigation Bank offers stream and wetland credits to a primary
service area for the Upper Des Moines River Basin as defined within the Iowa
Mitigation Banking document (Last revised: July 2019).
September 10, 2024
The White Fox Mitigation Bank is in compliance with the Banking Instrument.
•The required Conservation Easement, (White Fox, Grantor; Iowa Natural
Heritage Foundation, Grantee) is filed with the Wright County Recorder.
•The required long-term maintenance account has been created.
•Construction is completed.
•Credits are available with sufficient quantities for debit to meet the City of
Waukee permit requirements.
It is our understanding that City of Waukee will require 668.00 stream credits to
satisfy unavoidable impacts described in the above referenced Section 404
Application. Upon the USACE permit approval and the signing of this Purchase
Agreement, and the payment $13,326.60 for the purchase of 668.00 stream credits
to White Fox Farms, LLC, White Fox Farms, LLC will debit 668.00 stream credits
from the White Fox Mitigation Bank’s credit ledger to the appropriate projects.
General Provisions:
PRICE: The Purchase Price for 668.00 stream credits will be $13,326.60 payable to
White Fox Farms, LLC upon approval of permit CEMVR-RD-2024-0514.
TIME FOR ACCEPTANCE: This Agreement shall become a binding contract. If
payment in full is not received by September 30, 2024, this Purchase Agreement
shall become Null and Void.
Upon receiving payment, White Fox Farms, LLC will provide proof of payment to:
Abigail Steele
Regulatory Project Manager
Rock Island District Corps of Engineers
Clock Tower Building – PO Box 2004
Rock Island, IL 51204-2004
September 10, 2024
Credits are not reserved until this document is fully executed and returned.
Date: September 10, 2024 Date: ________________
For White Fox Farms, LLC:
___________________________________ ______________________________
Larry Anderson, Owner
White Fox Farms, LLC
Courtney Clarke
Mayor
White Fox Farms, LLC
2254 280th Street.
Clarion, Iowa 50525
Courtney Clarke
Mayor
City of Waukee
805 University Ave.
Waukee, Iowa 50263
For: City of Waukee