HomeMy WebLinkAbout2025-05-05 I01E_04 University Ave Area Improvements Phase 1-Civic Campus Pond_White Fox Farms Purchase AgrAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: May 5, 2025
AGENDA ITEM:Consideration of approval of a resolution approving Purchase Agreement
with White Fox Farms, LLC and the City of Waukee, USACE Project No.
CEMVR-RD-P-2023-371 [University Avenue Area Improvements, Civic
Campus Pond Project]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: The White Fox Farms Mitigation Bank offers wetland
mitigation credits to a primary service area for the Upper Des Moines River Basin. The City of
Waukee is required to purchase 0.82 emergent wetland credits to satisfy unavoidable impacts as part of
the University Avenue Area Improvements, Civic Campus Pond project. The mitigation impacts are
described in Section 404 of the permit received from the U.S. Army Corps. of Engineers. Upon the
signing of the Purchase Agreement and sending the payment of $52,890.00 for the purchase of the
required emergent wetland credits to White Fox Farms, LLC and they will debit 0.82 emergent
wetland credits from the White Fox Farms Mitigation Bank’s credit ledger to the City’s project.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $52,890.00. This mitigation cost
is included in the total project budget for the University Avenue Area Improvements Phase 1 project
shown in the approved FY 2025-2029 CIP.
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the Resolution.
ATTACHMENTS: I. Resolution
II. Purchase Agreement
PREPARED BY: Lisa Bauman
REVIEWED BY: Rudy Koester RK
I1E4
THE CITY OF WAUKEE, IOWA
RESOLUTION 2025-
APPROVING PURCHASE AGREEMENT BETWEEN WHITE FOX FARMS, LLC
AND THE CITY OF WAUKEE, USACE PROJECT NO. CEMVR-RD-P-2023-371
[UNIVERSITY AVENUE AREA IMPROVEMENTS, CIVIC CAMPUS POND 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 White Fox Farms Mitigation Bank offers wetland mitigation credits to a primary service
area for the Upper Des Moines River Basin; AND,
WHEREAS, the City of Waukee is required to purchase 0.82 emergent wetland mitigation credits to
satisfy unavoidable impacts as part of the University Avenue Area Improvements, Civic Campus Pond
project; AND,
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the Purchase
Agreement with White Fox Farms, LLC, USACE Project No. CEMVR-RD-P-2023-371 [University
Avenue Area Improvements, Civic Campus Pond] is 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 5th day of May,
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
April 25, 2025
White Fox Farms, LLC
2254 280th Street
Clarion, Iowa 50525
PURCHASE AGREEMENT
Courtney Clarke
Mayor
City of Waukee
230 W. Hickman Road
Waukee, IA 50263
Re: CEMVR-RD-P-2023-371
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).
April 25, 2025
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.
• Sufficient credits are available to meet the City of Waukee permit
requirements.
It is our understanding that City of Waukee will require 0.82 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 $52,890 for the purchase of 0.82 emergent wetland
credits to White Fox Farms, LLC, White Fox Farms, LLC will debit 0.82 emergent
wetland credits from the White Fox Mitigation Bank’s credit ledger to the
appropriate projects.
General Provisions:
PRICE: The Purchase Price for 0.82 emergent wetland credits will be $52,890
payable to White Fox Farms, LLC upon approval of permit CEMVR-RD-P-2023-371.
TIME FOR ACCEPTANCE: This Agreement shall become a binding contract. If
payment in full is not received by June 6, 2025, 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
April 25, 2025
Credits are not reserved until this document is fully executed and returned.
Date: April 25, 2025 Date: ________________
For White Fox Farms, LLC: For: City of Waukee
___________________________________ ______________________________
Larry Anderson, Owner Courtney Clarke
White Fox Farms, LLC Mayor
White Fox Farms, LLC
2254 280th Street.
Clarion, Iowa 50525
Courtney Clarke
Mayor
City of Waukee
230 W. Hickman Road
Waukee, IA 50263