HomeMy WebLinkAbout2025-08-04 I01D_04 Partial Release of Development Agreement_SE Westown Pkwy AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: August 4, 2025
AGENDA ITEM: Consideration of approval of a Resolution approving a Partial Release of
Development Agreement with Caliber Land Company, LLC (SE
Westown Parkway).
FORMAT: Public Hearing
SYNOPSIS INCLUDING PRO & CON: Caliber Land Company, LLC, entered into an
agreement with the City in 2023 related to improvements and
responsibilities related to SE Westown Parkway. 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:
I1D4
THE CITY OF WAUKEE, IOWA
RESOLUTION 2025-
APPROVING A PARTIAL RELEASE AND SATISFACTION FOR DEVELOPMENT
AGREEMENT – CALIBER LAND COMPANY, LLC
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, Caliber Land Company, LLC (collectively “Property Owners”) entered into a
Development Agreement (“Agreement”) with the City of Waukee, dated December 18, 2023,
and recorded on December 27, 2023, in Document Number 2023-19047, Dallas County, Iowa
regarding development of SE Westown 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:
Outlots Y & Z of Kettlestone Central South Plat 2
Passed by the City Council of the City of Waukee, Iowa, and approved this the 4th day of August
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
PARTIAL RELEASE
RE: OUTLOTS Y & Z OF KETTLESTONE CENTRAL SOUTH PLAT 2
The City of Waukee, Iowa entered into a Development Agreement with Caliber Land
Company, LLC (collectively, “Property Owner”), which was recorded on December 27, 2023, in
Document Number 2023-19047 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:
OUTLOTS Y & Z OF KETTLESTONE CENTRAL SOUTH PLAT 2
All other provisions of the Development Agreement recorded on December 27, 2023 in
Document Number 2023-19047 with the Dallas County Recorder’s Office shall remain in full force
and effect.
Dated: ____________________________, 2025
2
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 __________