HomeMy WebLinkAbout2004-06-28-Resolutions 04-153_Painted Woods - Development AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 04-153
APPROVING DEVELOPMENT AGREEMENT WITH PAINTED WOODS
DEVELOPMENT COMPANY JOINT VENTURE FOR PAINTED WOODS
DEVELOPMENT
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,Painted Woods is a single-family residential development consisting of
forty-two (42)lots;AND,
WHEREAS,under the Developer's proposal,builders on lots in this development will
pay a set surcharge for each lot connection with sanitary sewer facilities in the amount of
$769.00;AND,
WHEREAS,this surcharge in total will provide sufficient funds to recoup the
approximately $188,000.00 originally paid by the Hunsberger Family,L.P.as an
incentive towards development of the sanitary sewer line along R-22;AND,
WHEREAS,the construction and installation of public improvements by the City on or
adjacent to the development for items such as sanitary sewer lines or public streets or any
other improvements authorized by Chapter 384 of the Iowa Code excluding park,bike
and pedestrian trail may be specially assessed to each lot therein,except for streets and
outlots,on an equal basis;AND,
1
WHEREAS,the Developer and the City have agreed that the developer will pay the City
$42,500 in cash in lieu of dedicating park land and constructing a bike and pedestrian
trail;AND,
WHEREAS,the bike and pedestrian trail shall be constructed by the City along Sugar
Creek within the City's sanitary sewer easement area using a portion of the $42,500;
AND,
WHEREAS,the park land to be acquired or dedicated by the City using a portion of the
$42,500 will be located in the neighborhood but not within the Project Area;AND,
WHEREAS,the Developer represents and states that it has requested the right to pay
fees in lieu of dedication of land for park and trail purposes.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in
session this 28th day of June 2004 that it hereby approves the Development Agreement
with Painted Woods Development Company Joint Venture for the development known as
Painted Woods;AND,I
IN ADDITION LET IT BE RESOLVED,that the City agrees with the Sixty (60)Day
Cure for Breach of Contract and the Binding Effect of said Agreement.
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T y~an,Mayor
Attest:
ROLL CALL VOTE
Nicholas C.Gruber
Donald L.Bailey,Jr.
Bill Peard
JeffV.Mertz
Darlene Stanton
AYE
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NAY ABSENT