Loading...
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'