HomeMy WebLinkAbout2024-12-02 I01F_07 Partial Release of Development Agreement_Temple Holdings LP AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: December 2, 2024
AGENDA ITEM: Consideration of approval of a Resolution approving a Partial Release of
Development Agreement with Temple Holdings, LP (NW Douglas
Parkway Agreement).
FORMAT: Public Hearing
SYNOPSIS INCLUDING PRO & CON: Temple Holdings, LP, entered into an agreement with
the City in 2019 related to improvements and responsibilities related to
NW Douglas Parkway and the construction of a water main. The
improvements have been completed as they relate to the property subject
to this proposed partial release.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: The provisions to the agreement have been satisfied as it
relates to the subject property included within the release.
RECOMMENDATION: Staff would recommend approval of the partial release.
ATTACHMENTS: I. Proposed Resolution
II. Partial Release
III. Original Development Agreement
PREPARED BY: Andy Kass, Community Development Director
REVIEWED BY:
I1F7
THE CITY OF WAUKEE, IOWA
RESOLUTION 2024-
APPROVING A PARTIAL RELEASE AND SATISFACTION FOR DEVELOPMENT
AGREEMENT – TEMPLE HOLDINGS, LP
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, Temple Holdings, LP, (collectively “Property Owners”) entered into a
Development Agreement (“Agreement”) with the City of Waukee, dated May 20, 2019, and
recorded on June 3, 2019, in Book 2019 Page 8511, Dallas County, Iowa regarding development
of NW Douglas Parkway.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa
that the terms of the Agreement have been partially satisfied and the City releases the Property
Owners and their successors and assigns, from all obligations under said Developers Agreement
as it pertains to the following legally described area:
LOT 16 OF COURTYARDS AT PARKSIDE PLAT 1
Passed by the City Council of the City of Waukee, Iowa, and approved this the 2nd day of
December 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
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Return to: Rebecca Schuett, City Clerk, City of Waukee, 230 W. Hickman Road, Waukee, IA 50263
Prepared by: Andy Kass, 230 W. Hickman Road, Waukee, Iowa 50263 (515) 978-9533
PARTIAL RELEASE
RE: LOT 16 OF COURTYARDS AT PARKSIDE PLAT 1
The City of Waukee, Iowa entered into a Development Agreement with Temple Holdings,
LP (collectively, “Property Owner”), which was recorded on June 3, 2019 in Book 2019 at Page
8511 with the Dallas County Recorder’s Office, which contains certain provisions obligating the
Property Owner to make certain improvements on the property legally described within said
Development Agreement.
The City of Waukee hereby releases the following property legally described as:
LOT 16 OF COURTYARDS AT PARKSIDE PLAT 1
All other provisions of the Development Agreement recorded on June 3, 2019 in Book 2019
at Page 8511 with the Dallas County Recorder’s Office shall remain in full force and effect.
Dated: ____________________________, 2024
THE CITY OF WAUKEE, IOWA
By: ____________________________
Courtney Clarke, Mayor
ATTEST:
By: ____________________________
Rebecca D. Schuett, City Clerk
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STATE OF IOWA )
) SS.
COUNTY OF DALLAS )
On this _____ day of __________________, 2024 before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D. Schuett,
to me personally known, and 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 official seal of said City, and that the instrument was signed and sealed on behalf
of the City, by authority of its City Council, and that Courtney Clarke and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary
act and deed of the City, by it and them voluntarily executed.
________________________________
Notary Public in and for the State of Iowa
My Commission expires __________