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Home My WebLink About2015-06-01-Resolutions 15-173_Developer Agr - Waukee United Methodist ChurchTHE CITY OF WAUKEE,IOWA RESOLUTION 15-173 APPROVING A DEVELOPER'S AGREEMENT [WAUKKE UNITED METHODIST CHURCH] 1N THE NAMEAND BY THEAUTHORITYOF THE CJTYOF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,Waukee United Methodist Church (referred to as "Property Owner"),owns property directly adjacent to City right-of-way (ROW)locally known as SE L.A.Grant Parkway but has not yet developed;AND WHEREAS,as the Property Owner's property develops,it is required to improve the adjacent street through the installation of curb and gutter,and it is required to construct a 10-foot bike trail along its property;AND WHEREAS,the City and the Property Owner have reached an agreement related to the installation of required public improvements at this time and as the property develops. BK IT THEREFORE RESOLVED by the City Council of the City of Waukee on this 1"day of June,2015,that the agreement attached as Exhibit A,submitted by the owners of the property described above,securing their obligation to the City in connection with the SE L.A.Grant Parkway improvements should be and the same is hereby approved. BK IT FURTHER RESOLVED the City Clerk shall cause the original to be recorded upon the property by submitting the original to the Dallas County Recorder's office with the appropriate recording fees. Attest: lli F.ear,Mayor Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Casey L.Harvey Shelly Hughes Rick Peterson AYE X X X X NAY ABSENT ABSTAIN IIIIIIIIIIIIIIiIiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiiIIIIiIIIIIIIIIIIIIIIIIII Book 2015 Page 9698 Document 9698 Tgpe AGMNT Pegee 6DateGrgg/2815 Time i%&28 AhRecAmt%32.ft8 Chad 4&rhsrt,RecorderDeltasCountiilottA IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII MTG PCRF BKRF DDD DI'C '"''"&'"'""'"""""'we'&'"''""'li.l&:-:"':»'«:''":»«'«'-«'m»l'lgk&~l& DEVELOPER'S AGREEMENT This DEVELOPER'S AGREEMENT,entered into between the City of Waukce,an IowamunicipalcoiporationintheStateofIowa(hereinafter referred to as "City");Waukec UnitedMethodistChurch,an Iowa Non-Profit Corporation (hereinafter referred to as nPropertyOwner");(collectively referred to as "Parties"). WHEREAS,Propetty Owner(s)owns the property legally described on Exhibit "A& (referred to as "Propert)");and WHEREAS,Propeity Owner(s)property is directly adjacent to City right of way (ROW)locally knoGvli as SE LA GRANT PARKWAY (the established streets referred to in thisagreementcollectivelyas"Street')but has not yet developed.As a Property Owner's propertydevelops,it is required to improve the adjacent street through the installation of curb and gutter,and it is required to construct a 10 foot bike trail along its propcity,as generally described onExhibit"8",(hereinafter referred to as "Improvements'*),(hereinafter referred to as"Improventents");and WHERITAS,Property Owner and the City have reached an agi'cement that the City willinstallal0footbiketr&nl in the ROW between the Street and along and adj&accnt to the PropertyandwillcausetobcinstalledCurbandGutteralongPropertyOwnersPropeity.PropertOtvner(s)agree that it shall reimburse the City for the costs associated with the improvements asprovidedinthisagreement;and WHEREAS,the Parties desire to enter into an agreement setting forth the respective obligations of the Partics, In consideration of the mutual promises as more patTicularly set fmth herein,sufficiencyofwhichisherebyacknowledged,the Patties agree as follows: Book 2915 Page 9696 of 6 1.In consideration of I'roperty Owner's agreemcnt to reimburse the City as provided herein,the City agrees to undertake the Improvements set forth on Exhibit "B"in accorclancc with the plans an&I specifications,construction drawings approved by the City and requirements imposed by applicable Federal,State and Local authorities. 2.Pa ment b Pro&ert Owner.In consideration fnr thc foregoing,Prnperty Owner a&rces to pay untn the City the following: I)Curb and Gutter $27,176.00 2)Bike Trail $34,856.00 Proprnly Owner agrees that is shall make payment to the City in the amount nf $27,176.00 within 30 days of completion and final acceptance by the City of thc project.The remaining balance of $34,856.00 shall accrue interest at the rate ot 0% pcr annum from the date the City fmally accepts thc completed Project and shall be paid by Propcrty Owner to City when the property is sold,a site plan is submitted to the City for the development of all,or part,of the Property,or a building permit is issued for construction on the Property,whichever shall first occur.This obligation shall constitute a lien on the Property. 3.In addition,Property Owner agrees to grant unto the City the necessary easements,by separate documents in a foist acceptable to the City,for the purpose of the construction and placement of the Bike Trail by the City. This document shall be recorded with the Dallas County Recnrders Office.Property Owner's obligations hereunder shall constitute a lien against the Property described as set forth on Exhibit "A"until such time payment is made to the City by Propeity Owner as sct forth herein,and the lien is released by the City. B~d»Hft't.rlrt *r&t t:tt ».e thk bk tt t'.d t t d»ud Parties their successors and interests or assigns,if any. 6.Enforcement.Should it become necessary for the City to enforce this agreemcist,the defaulting party shall be responsible for any and all attorneys fees and expenses incurred by the City in pursuit of enforcement of this agreement. Jurisdiction.The Parties agree that this Agreement slid amendments hereto,if any, shall be governed by the laws of the State of Iowa.The Parties consent and a&tree that tile plnpel'veliile and jurisdiction relative to the cnforcrnnent of the terms,conditions and provisions of this Agreement and amendments hereto.if any,is the Iowa District Cool in &and for Dallas County,iowa. Dated:,2015 Book 2815 Page 96982of6 CITY OF yhVAVKEE,IOWA By ,Mayor l talc fQ ttcL l ,2015 ,Ctty Clerk (City Seal) STATE Ol'IOWA COUNTY OF DALLAS yy0tli'I 0 y f,-*dCoN2,2015,0 f,th dN ih 'd, Notary Public in and for the St~ate rfflo'wa,personally appeared ill IlttIR F,and7 ,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,lowe;that the seal afftxed to the I'oregoing instrument is the corporate seal of the corporation,and that the instrument twtas signed and sealed on behalf of the corporation by authority of its City Council as~-hy —tl~ty-C.NN d tl il C ll ~.'7e 2'tl city C il th fhh d y f~hh,".f015,d th t M y .:0 City Clerk,as such ofticers,acknowledge the execution of said instrumen)to be the voluntary act and deed of the City of Waukee,by them voluntarily executed. LLCC I 'Notaryptiblicd1in and for the State of loWa lvTy Commisgion expires +~A fc LINDA VAtht ttVABT Cotaqiaehha te!li'jyef 7571st rcs 7ats Book 2815 Page 96983ot6 WAUKEE UNITED METHODIST CHURCH Prin arne:~i ~,y d.i~!/~dd.& Title:y~f gyyk .;1' Dated:-~/5 STATE OF IOWA )ss. COUNTY OF DALLAS ) On this /a day of /li d~".,2015,before me,a Notary Public in and for said county,personally appeared .I.„d„,to me personally known,who being by me duly(»td d)dtd ytt th t ~c..f tdty k U 't dtd tt d t Church,that said instrument was signed on behalf of the said nonproftt corporation;and,that said ,as such,acknov ledged the execution of said instrument to be the voluntary act and deed of said Waukee United Methodist Church,by it and by him voluntarily executed. ldtWI DARCY KATHLEEN LANE COMMISSION NO,779229 Mr COMMISSION ErsIIIES 7 I N tary Public in a for the State of Iowa Myo t .pt ~7 Book 2815 Page 96984of6 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY A tract of land in Government Lot 9,in the Northeast Fraction Quarter of Section 5,Township 78 North,Range 26 West of the 5a Principal Meridian,Dallas County,Iowa,more particularly described as follows:Beginning at the Northeast Corner of Gov't.Lot 9,in the NE Frac.I/4 of Section 5,T78N,R26W of the 5 P.M.,Dallas County,Iowa',thence South 83',02'02"West, 1,319.51 feet to the Northwest Comer of said Gov't.Lot 9;thence South 00'25'48"West,907.52 feet along the west line of said Gov't.Lot 9;thence North 83'01'49"East,860.13 feet;thence North 03'58'45"West,52.88 feet;thence North 85'00'47"East,468.25 feet to the East line of said Gov't Lot 9;ihence North 00'00'00",869.69 feet to the point of beginning. Except Parcel D as shown in Book 2011,Page 17377 in the Office of the Recorder of Dallas County,Iowa. Book 2815 Page 9698 5of6 EXHIBIT B IM PROVEMENTS OD QNN IN'I-NIINI Nggll I I No 8 k'rH'M8~ /, ( N'SNIOI N I'Nl INN I/V W.u IGNI Nana INII IONIC N II I N NNC \N IO ~IN I INN IN I I-I IN Book 2815 pag~66666of6