HomeMy WebLinkAbout2025-12-15 I01E_04 Release and Satisfaction of Development Agreement_Indi Run West LLC AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: December 15, 2025
AGENDA ITEM: Consideration of approval of a Resolution approving a Release and
Satisfaction of Development Agreement with Indi Run West, LLC (NW
Sunrise Drive Culvert).
FORMAT: Public Hearing
SYNOPSIS INCLUDING PRO & CON: Indi Run West, LLC, entered into an agreement with
the City in 2022 related to improvements and responsibilities related to
relocation of utility handholes and construction of a culvert for a street
crossing. 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:
I1E4
THE CITY OF WAUKEE, IOWA
RESOLUTION 2025-
APPROVING A RELEASE AND SATISFACTION FOR DEVELOPMENT
AGREEMENT – INDI RUN WEST, 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, Indi Run West, LLC, (collectively “Property Owners”) entered into a Development
Agreement (“Agreement”) with the City of Waukee, dated May 16, 2022, and recorded on May
20, 2022, in Book 2022 Page 11278, 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 15th day of
December 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 (INDI RUN WEST, LLC) BOOK 2022, PAGE 11278
The City of Waukee, Iowa entered into a Development Agreement with Indi Run West, LLC
(collectively, “Property Owner”), which was recorded on May 20, 2022 in Book 2022 at Page
11278 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 __________