HomeMy WebLinkAbout2017-06-19-Resolutions 17-304_Grant Park Pond Dredging AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-304
APPROVING AGREEMENT WITH KE BREWER LLC,AND KURT BREWER
REGARDING POND DREDGING AGREEMENT —GRANT PARK
IN THE NAME AND BY THEAUTHORITYOF THE CITY OF WAUKEE,IOJYA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized
Municipal Organization;AND,
WHEREAS,Kurt Brewer was the Developer of certain property now known as Grant
Park Plat,an Official Plat now included in and forming a part of the City of Waukee,
Iowa;AND,
WHEREAS,Grant Park contains a detention pond area over and across property located
within the Property over Lots 94-96 and Lots 64-77 of Grant Park;AND,
WHEREAS,the Developer was obligated to remove silt and otherwise dredge the pond
upon the sale by Developer of the last lot in the Plat and said work has not been
completed by the Developer to date;AND,
WHEREAS,the City and Developer have reached an agreement under which the City
will undeitake the Developer's responsibility to remove the silt and otherwise dredge the
pond,the cost of which will be borne by the Developer.
NOW THEREPORE BE IT RESOLVED by the City Council of the City of Waukee,
Iowa in session this 19"'day of June 2017,that the City Council approves the Pond
Dredging Agreement as included in attached Exhibit A.
Anna Berg,Mayor Pro Tem
Attest
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Anna Bergman
R.Charles Bottenberg
Brian Harrison
Shelly Hughes
Larry R.Lyon
AYE
X
X
X
X
NAY ABSENT ABSTAIN
X
GRANT PARK POND DREDGING AGREEMENT
This Grant Park Pond Dredging Agreement (hereinafler referred to as "Agreement")is
entered into this the ~lday of tt41,2017 by and between KE Brewer LLC,an
Iowa limited liability company,Kurt Brewer (herein collectively referred to as "Developer"),and
the City of Waukee,Iowa,a municipal corporation (hereinafter referred to as "City'*).
RECITALS
WHEREAS,Developer was the developer of certain property now known as Grant Park
Plat,an Official Plat now included in and forming a part of the City of Waukee,Iowa reflected
ON Exhibit A attached.("Property*');AND
WHEREAS,Grant Park contained a detention pond area over and across property located
within the Property over Lots 94 through 96 and Lots 64 through 77 of Grant Park Plat as
depicted on attached Exhibit A ("Detention Pond");AND
WHEREAS,Developer is obligated to remove silt and otherwise dredge the pond upon
the sale by Developer of the last lot in the Plat and said work was not completed by Developer;
AND
WHEREAS,property owners within the Plat have approached the City and asked that silt
removal and dredging be undertaken by Developer;AND
WHEREAS,the City and Developer have reached an agreement under which the City
will undertake Developer's responsibility to remove the silt and otherwise dredge the pond,the
cost of which will be borne by Developer as otherwise set forth in this Agreement.
NOW,THEREFORE,the City and the Developer,in consideration of the promises and
mutual obligations set forth in this Agreement,and in reliance thereon,and for such other good
and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the
parties agree as follows:
A.Developer agrees as follows:
1)Developer agrees to assign to the City all right,title and interest to any and all
payments due for water main cost sharing associated with the 12-inch water main
installed by Developer along LA Grant Parkway as a part of the improvements
undertaken by Developer for Grant Park Plat 1.There are two parcels remaining to
be developed that will be responsible for the water main reimbursement being
assigned hereunder namely the property owned by the Waukee United Methodist
Church and the Herman property.The estimated value of the remaining water main
reimbursement being assigned hereunder is $22,764.42.This is an irrevocable
assignment of the foregoing obligations in favor of the City by Developer.Developer
warrants that he has not otherwise assigned or conveyed his right to said
reimbursements to any other person and agrees to hold the City harmless for any and
all claims related to this assignment or the obligations for water main reimbursement
that are assigned hereunder.
2)Developer further assigns the remaining balance of the outstanding cash bond for
Grant Park Plat I in the amount of $5,000 unto the City.Developer warrants that he
has not otherwise assigned or conveyed his right to said bond to any other person and
agrees to hold the City harmless for any and all claims related to this assignment or
bond that are assigned hereunder.
3)Preliminary estimates show the cost of silt removal/dredging of the detention pond
are approximately $37,000.The Developer will be given the opportunity to quote as
the contractor when the City solicits quotations as required by Chapter 26 of the Iowa
Code to undertake silt removal/dredging of the Grant Park Plat I Detention Pond.
The City is receipt of its quotes and the lowest responsible quote received by the City
is 37,000.00,the City will award a quote for the work contemplated hereunder for silt
removal/dredging of the detention pond to the lowest responsible party submitting
quotes for the project.Developer agrees to be responsible for and to pay unto the
City the difference between the quote approved by the City and $27,764.42,the value
of the balances assigned hereunder to the City in the amount of $9,235.58 upon final
acceptance of the project by the City.Said payment shall be made by Developer
within 7 days of final acceptance by the City of the completed project.
4)In addition,the Developer authorizes the City and its contractor to place the silt and
dredge material on the other property owned by Developer south of new portion of
Westown Parkway and east of Grand Prairie Parkway identified on Exhibit B.
Developer warrants that he has the authority and or permission to authorize the
disposal of the silt and dredge and silt material on said property and will hold the City
harmless from any claims in any way associated with the disposal of the material on
such property.The Developer understands and agrees that the City cannot warrant the
composition,quality,or quantity,of the silt and dredge material removed from the
Pond and specifically releases the City,its contractors,their sub-contractors from any
and all liability or responsibility whatsoever concerning the placement of the dirt and
fill on the property identified on Exhibit "B".In addition,the city,its contractors and
subcontractors are not required to grade,spread,compact or undertake any dirt work
on the property at any time,Developer agrees that any such work shall be its
responsibility.
The City will notify Developer before work commences and in the event the
designated property has been sold and Developer has immediately designated other
property in close proximity to the previously designated parcel,the City will cause
the material to be disposed of on the substitute site subject to the representations and
agreements specified in the preceding paragraph.
B.City agrees as follows:
I)The City will approve the quote and proceed with the silt removal/dredging of the
detention pond.
C.This Agreement shall be construed m accordance with the laws of the State of Iowa,
D.This Agreement shall constitute the entire agreement between the City and Developer and
supersedes all other written or oral agreements,discussions and negotiations regarding
the subject matter herein in connection with the Project.The terms of this Agreement
may not be amended except in writing by agreement of the City and Developer.
E.This Agreement is executed in two counterparts,each of which shall constitute one and
the same instrument.A copy of this Agreement,including all Exhibits,shall be
maintained in the office of the City Clerk of the City.
IN WITNESS WHEREOF,the City has caused this Agreement to be duly executed in its
name and behalf by its Mayor and its seal to be hereunto duly affixed and attested to by the City
Clerk upon the authorization of the City Council and Developer has caused this Agreement to be
duly executed by the parties authorized to so act on its behalf and individually by Kurt Brewer.
CITY OF WAUKEE,IO A
By ,Mayor
By
Date:Ttl taf.I 2017
,City Clerk
(City Seal)
STATE OF IOWA )
)ss.
COUNTY OF DALLAS )
On this ~day of 2017,before me,the undepigned,a
Notary public in and for the State of Iowa,personally appeared Air l rifi Yl,dlttr2rl and
0 to me personally known,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 corporate seal of the corporation,and that the
instrument was signed and sealed on behalf of the corporation by authority of its City Council sta
passed by the City Council under Roll Call No.
568 fth CxyC s td 7'fftl d y f~ltyr 2017,dtt IMy d
City Clerk,as such officers,acknowledge the execution of said instrument to be the voluntary act
and deed of the City of Waukee,by them voluntarily executed.
KATHRYN E.PURVIS
Of Commission Number 791513
My Commission Expires
February 10,3019 o Public n and for the State of Iowa
M C 'I 7 ~Z tdt /.'
KE BREWER,LLC
Kurt Brewer,Managing Member
Date:,2017
STATE OF IOWA )
)ss.
COUNTY OF@~~
On this /&day of ~~+,2017,before me,a Notary Public in and for said
county,personally appeared Kurt Brewer,to me personally known,who being by me duly
(sworn or affirmed)did say that he is the managing member of said limited liability company,
that said instrument was signed on behalf of the said limited liability company;and,that said
Kurt Brewer,as such managing member,acknowledged the execution of said instrument to be
the voluntary act and deed of said limited liability company,by it and by him voluntarily
executed.
Notary Public in and for the State of Iowa
My Commission expires ~~/
m
TAN SWAIIN
Date:,2017
STATE OF IOWA )
)ss.
COUNTY OF QQLII~~
On this ~Ilay of g~L 2017,before me,the undersigned,a Notary Public
in and for the State of Iowa,personally appeared Kurt Brewer,to me personally known,who
being by me duly sworn,did say that he acknowledged the execution of the foregoing instrument
to be his voluntary act and deed and by him voluntarily executed.
Notary Public in and for the State of Iowa
My Commission ex ires
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