HomeMy WebLinkAbout2009-07-20-Resolutions 09-150_Gilcrest Jewett-Williams Pointe Comm - Development Agr - ReleaseTHE CITY OF WAUKEE,IOWA
RESOLUTION 09-150
A RESOLUTION APPROVING A RELEASE AND DISBURSEMENTS RELATED TO
THE DEVELOPER'S AGREEMENT BETWEEN WILLIAMS POINTE COMMERCIAL
I,LC,WILLIAMS POINTE COMMERCIAL II,LC,GILCREST JEWETT LUMBER
COMPANY AND THE CITY OF WAUKEE DATED APRIL 26,2006
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal
Organization;AND,
WHEREAS,A developer's agreement between Williams Pointe Commercial I,LC,Williams
Pointe Commercial II,LC,Gilcrest Jewett Lumber Company and the City of Waukee dated April
26,2006 providing for tbe completion of work on Alice's Road by developers who were parties
to the agreement and certain arrangements for cost allocations among the parties thereto;AND,
WHEREAS,the work has been completed and the City and the private parties have exchanged
cost allocations based on actual costs which have been reviewed and approved by the City
Engineer and the Public Works Director as well as the private parties to the agreement;AND,
WHEREAS,a release has been prepared providing for the release by each party to the
agreement of the other parties to the agreement and the City has been asked to undertake to
satisfy the obligations owed by the private parties to the City by making offsets from the amount
due the private parties by the City under the agreement of April 25,2006 as documented through
correspondence from the private parties respective attorneys;AND,
701"
BE IT THEREFORE RESOLVED on this the ~day of July 2009 by the City Council of the
City of Waukee that the attached Mutual Release between the City of Waukee and Gilcrest
Jewett Lumber Company,Williams Pointe Commercial 1,LC and Williams Pointe II,LC is
approved.
BE IT FURTHER RESOLVED that after deducting the amounts due to the City by the
respective private patties under the agreement of April 25,2006,pursuant to their request,the
payment by the City to Williams Pointe Commercial I,LC in the amount of $39,411.76;to
Williams Pointe Commercial II,LC in the amount of $39,411.76;and Gilcrest Jewett Lumber
Company in the amount of $78,823.52 is hereby approved.
ROLL CALL VOTE
Donald L.Bailey,Jr.
Casey L.Harvey
C.Isaiah McGee
Darlene Stanton
Mike Watts
AYE
X
X
X
X
NAY
2
ABSENT
X
ABSTAIN
EXHIBIT A
MUTUALRELEASE
The undersigned,Gilcrest/Jewett Lumber Company ("Gilcrest"),Williams Pointe Commercial I,
L.C.and Williams Pointe Commercial II,L.C.("Williams Pointe")and its shareholders and/or
members,individually and collectively,hereby acknowledge that each of the respective parties,
namely Gilcrest and Williams Pointe,hereby acknowledge that each of said respective parties
"il,;jmed herein,being incorporated pursuant to the laws of the State of Iowa,as well as
respective shareholders,members or individuals,being of lawful age,having legal authority,do
hereby ret~ase,acquit,and forever discharge the City of Waukee,Iowa,a municipal
corporatlon;from any and all liability whatsoever,including claims,demands,and causes of
action of every nature,or any party,jointly or severally,which each party has or may claim to
have by reason of any and all other oral and/or written representations as to the right of
Gilcrest and/or Williams Pointe to receive funds for reimbursement for improvements made to
Alice's Road in the City of Waukee,Iowa ("Property").
The Property includes those improvements made to Alice's Road by the entities Gilcrest and/or
Williams Pointe,and its agents and/or representatives,to the benefit of the traveling public and
the City of Waukee ("City").
.Attached as Exhibit "A"hereto is the letter from Steven P.Brick,the attorney for City,which
represents payments to be made by Gilcrest,Williams Pointe,and City,each to the other,for
said improvements to the Property.
As further consideration,Gilcrest and Williams Pointe,jointly and severally,hereby agree:
1.That this Release covers any and all liabilities and/or damages,if any,whether known or
not,which may hereafter appear or develop arising from the improvements made to
the Property identified in Exhibit "A"attached hereto,as well as the payments to be
made by Gilcrest and Williams Pointe to City and by City to Gilcrest and Williams Pointe.
2.That this Release is executed,in writing,to settle any and all payments to be made by
each party to the other,as set forth in said Exhibit "A"and that Gilcrest and Williams
Pointe release liability,if any (which is expressly denied by the party and/or parties
reieased herein)and does not constitute any representations other than to settle and
acknowledge receipt of payments to be made by each party to the other and to the City
pursuant to said Exhibit "A."
3.That the monetary consideration paid by Gilcrest and Williams Pointe to City and by City
to Gilcrest and Williams Pointe,as set forth in said Exhibit "A"represents all payments
to be made by each party to the other for the Property.
4.That Gilcrest and WlIIiams Pointe are executing this Release subject to payment by City
to Gilcrest and Williams Pointe,and Gilcrest and Williams Pointe payments to City
pursuant to previous agreements as between Gilcrest,Williams Pointe,and City and for
the Property and not upon representations made by any parties released or others for
and on its or their behalf.
EACH OF THE PARTIES HAVE READ THE FOREGOING RELEASE,AND UNDERSTAND ITS TERMS,
CONDITIONS AND PROVISIONS,AND FREELY AND VOLUNTARILY HAVE EXECUTED SAME.
I:~~.~.
Words and phrases herein by shall be construed as in the singular or plural number,and as
masculine,feminine or neuter gender,according to the context.."}'
Executed in duplicate effective the date set forth herein.
[Balance of page intentionally left blank -see pages 3 and 4 for signatures.]
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CAUTION:THIS IS A RELEASE.PLEASE READ BEFORE SIGNING.
WITNESS:
tz:;..'~~9.~BY:
William J.Lillis,AttorKey
GILCREST/JEWETTLUMBER COMPANY
a:JJ~A ~,W~~_
~mher Worth,
President and Chief Executive Officer
Dated:June 9,2009
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CAUTION:THIS IS A RELEASE.PLEASE READ BEFORE SIGNING.
WITNESS:
.,'i:l·
WITNESS:
WILLIAMS POINTE COMMERCIAL I,L.C.
B~~~vec
Title:fees ;d.&n..f:
Dated::flme.l,2009
<JI>Llvt
WILLIAMS POINTE COMMERCIAL II,L.C.
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