HomeMy WebLinkAbout2017-02-06-Resolutions 17-087_Southfork Dam Outlet Improvements - Repair AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-087
APPROVING REPAIR AGREEMENT RELATED TO SOUTHFORK DAM
OUTLET IMPROVEMENTS PROJECT [SOUTHFORK HOMEOWNERS
ASSOCIATION,INC.]
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,IOIYA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,it has been determined that certain repairs are necessary in order to maintain the
integrity of a public road that runs across a dam located on Lot E in Southfork Plat I,with said
repairs including bank shaping and erosion control at the east dam outlet;AND,
WHEREAS,a Repair Agreement,attached hereto as Exhibit A,is proposed between the City of
Waukee and the Southfork Homeowners Association,Inc.,related to the project,with said
project to be known as the Southfork Dam Outlet Improvements Project;
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this
6"'day of February,2017,that it hereby approves the Repair Agreement related to Southfork
Dam Outlet Improvements Project [Southfork Homeowners Association,Inc.].
tlliam F.card,Mayor
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
X
NAY ABSENT ABSTAIN
REPAPR AGI&iEMENT
THIS REPAIR AGREEMENT entered into between the City of Waukee,Iowa,an Iowa
municipal corporation (hereinafter referred to as "City")and Southfork Homeowners
Association,Inc.,an Iowa nonprofit corporation (hereinafter referred to as "Southfork").
WHEREAS,the City is a municipal corporation duly formed and existing pursuant to the
laws of the State of Iowa;AND
WHEREAS,Southfork has certain rights,duties and obligations to maintain certain
drainage easements and water storage easements shown on the recorded plat of Southfork Plat
No.I as set forth in the Second Amended and Substituted Declaration of Covenants,Conditions,
and Restrictions for Southfork Plat No.I and Southfork Plat No.2 recorded April 17,2013 in
Book 2013 as Instrument Number 6882 in the Records of the Dallas County Recorder and
easements of record;AND
WHEREAS,a public road runs across the dam located on Lot E in Southfork Plat No.I
and the City is desirous of assuring the integrity of the roadway is not compromised;AND
WHEREAS,the City has indicated that,in the interest of maintaining road integrity and
defening any repair and maintenance issues that may occur to the roadway,that the City would
undertake bank shaping and erosion control at the east side outlet to preserve the roadv'ay,and
Southfork has agreed to allow the City to proceed accordingly.
IN CONSIDERATION of the mutual promises as more particularly set forth herein,the
sufficiency of which are hereby acknowledged,the parties agree as follows:
I)Southfork hereby authorizes the City to enter upon the easements held(owned by
Southfork on the east side of the dam for the purpose of undertaking the work in
accordance with the plans prepared by Veenstra &Kimm,Inc.,dated May 10,2016
and approved by the City (hereinafter referred to as "Plans")
2)Southfork further agrees to request that the propeity owners sign temporary
construction easements on Lots 23 and 28 of Southfork Plat No.I,now included in
and forming a part of the City of Waukee,Iowa,to allow for any repair or
construction undertaken by the City pursuant to this Agreement in a form prepared by
the City Attorney.In the event that necessary temporary easements are not provided
the property owners of lots 23 and lots 28,at no cost to the City on or before February
I,20 I-~he-City-veil~tot-proc~~~tnde~~awo~ontempiat
agreement shall be void and of no further effect.
3)Southfork furthe understands and agrees that the City is not,by vittue of this
Agreement,assuming any rights,duties and obligations to maintain certain drainage
easeinents and water storage easements shown on the recorded plat of Southfork Plat
No.I as set forth in the Second Amended and Substituted Declaration of Covenants,
Conditions,and Restrictions for Southfork Plat No.I and Southfork Plat No.2
recorded April 17,2013 in Book 2013 as Instrument Number 6882 in the Records of
the Dallas County Recorder and easements of record.The obligations of both
parties remain unchanged,except as expressly provided in this Agreement.Southfork
agrees that upon completion of the worl&in accordance with the Plans the City shall
have no further obligation with respect to the work undertaken by the City hereunder.
4)In no way,should this Agreement be construed to constitute an acceptance of
responsibility of any obligations associated with the maintenance or repair of
drainage areas,water impoundment areas,the dam,its slope outlets or waterways
located within Southfork Plat No.1,either in the past,present or future,by the City.
5)Binding Effect.This Agreement shall inure to the benefit of and be binding upon all
Parties,their successors and interests or assigns,if any.
6)Jurisdiction.The parties agree that this Agreement and amendments hereto,if any,
shall be governed by the laws of the State of Iowa.The parties consent and agree that
the proper venue and jurisdiction relative to the enforcement of the terms,conditions
and provisions of this Agreement and amendments hereto,if any,is in the Iowa
District Court in and for Dallas County,Iowa,
pignarro e Pages Follow.J
CITY Ol'WAVKEE,IOWA
By ,Mayor
By ,City Clerk
Date:,2016
(City Seal)
S'I'ATE OF IOWA )
)ss.
COUNTY OF DALLAS )
zmr 1
On this ~day of ,KX before me,the undersigned,a Notary
Public in and for the State of Iowa,personally appeared William F.Peard and Rebecca 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 thc City,by authority of its City Council,and that William F.Peard and Rebecca
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.
+g«a KATHRYN E.PURVIS
s r commission Number 794513
My commission Extrlrss
february 10,1019
No ary Public in and or the Sta e of Iowa
Mto r i «ri
SOUTHFORK HOMEOWNERS ASSOCIATION,INC.
By
Print Natne:A'n 4w
Title:President
STATE OF IOWA )
)ss.
COUNTY OF DALLAS )
4 0 f7
Onthis~day of 4 ,GOHi,before me,a Notary Public in and for said
county,personally appeared'ed'~,to me personally known,who being by me
duly (sworn or affirmed)did say that they are the President of said Southfork Homeowners
Association,Inc.,that said instrument was signed on behalf of the said Association;and,that
saidAk&d'W~&,as such President,acknowiedged the execution ot said instrument to be the
voluntary act and deed of Southfork Ilomeowners Association,Inc.,by it and by them
voluntarily executed.
Notai Public in a d for the State of iovya
My Commission expires 7-4 -c@l b'