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Home My WebLink About2024-09-16 I01E_05 Purchase Agr_11th and 17th St Culverts_White Fox Farms_2024-0516AGENDA 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 2024-0516 with White Fox Farms, LLC and the City of Waukee [11th and 17th Street Culverts Project] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: Approval of the Purchase Agreement is necessary to complete the 11th and 17th Street Culverts Project. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: Purchase Agreement $12,603.30 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: I1E5 THE CITY OF WAUKEE, IOWA RESOLUTION 2024- APPROVING PURCHASE AGREEMENT 2024-0516 BETWEEN WHITE FOX FARMS, LLC AND THE CITY OF WAUKEE [11TH AND 17TH STREET CULVERTS 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 11th Street and 17th Street culvert projects; 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 [11th and 17th Street Culverts 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-2024-0516 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 534.00 stream credits and 0.03 emergent wetland 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 $12,603.30 for the purchase of 534.00 stream credits and 0.03 emergent wetland credits to White Fox Farms, LLC, White Fox Farms, LLC will debit 534.00 stream credits and 0.03 emergent wetland credits from the White Fox Mitigation Bank’s credit ledger to the appropriate projects. General Provisions: PRICE: The Purchase Price for 534.00 stream credits and 0.03 emergent wetland credits will be $12,603.30 payable to White Fox Farms, LLC upon approval of permit CEMVR-RD-2024-0516. 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