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HomeMy WebLinkAbout2025-02-03 I01E_09 Release of Development Agreement_Temple Holdings_NW Douglas Pkwy Agr AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: February 3, 2025 AGENDA ITEM: Consideration of approval of a Resolution approving a Release and Satisfaction 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 and all provisions of the agreement have been satisfied. 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 release. ATTACHMENTS: I. Proposed Resolution II. Release and Satisfaction III. Original Development Agreement PREPARED BY: Andy Kass, Community Development Director REVIEWED BY: THE CITY OF WAUKEE, IOWA RESOLUTION 2025- APPROVING A 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 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: Passed by the City Council of the City of Waukee, Iowa, and approved this the 3rd day of February 2025. ____________________________ 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 1 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 RELEASE AND SATISFACTION OF DEVELOPER’S AGREEMENT RE: DEVELOPER’S AGREEMENT (TEMPLE HOLDINGS, L.P.) BOOK 2019, PAGE 8511 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: 2 Dated: ____________________________, 2025 THE CITY OF WAUKEE, IOWA By: ____________________________ Courtney Clarke, Mayor ATTEST: By: ____________________________ Rebecca D. Schuett, City Clerk 3 STATE OF IOWA ) ) SS. COUNTY OF DALLAS ) On this _____ day of __________________, 2025 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 __________