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Home My WebLink About2016-06-06-Resolutions 16-233_Broderick Family Trust - Development AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 16-233 RESOLUTION APPROVING DEVELOPMENT AGREEMENT WITH EDWARD J. BRODERICK FAMILY TRUST AND NORMA R.BRODERICK IN THE NAMEAND BY THEAUTHORITYOF THE CITY OF WAUKEE,IOWA WHEREAS,City of Waukee and the Waukee Community School District have previously entered into a 28E Agreement to jointly acquire certain parcels of real property for future joint development as a new high school and joint/public-use recreational fields (Resolution 16-180) AND, WHEREAS,per the terms of the 28E Agreement,the City was appointed to act as the agent both for itself and the School district to acquire property;AND, WHEREAS,the City has reached agreement for the purchase of property from Edward J. Broderick Family Trust and Norma R.Broderick pursuant to terms of the 28E Agreement and a purchase agreement was previously approved by the City Council (Resolution 16-203);AND, WHEREAS,it is anticipated that a public street will be extended adjacent to the property being purchased and remaining property owned by the Edward J.Broderick Family Trust and Norma R. Broderick;AND, WHEREAS,the City has reached agreement width the Edward J.Broderick Family Trust and Norma R.Broderick regarding future shared costs of the extension of the public street which will benefit both properties. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 6th day of June 2016 that the Development Agreement with Edward J.Broderick Family Trust and Norma R.Broderick,as set forth in the attached Exhibit A,is hereby approved. PASSED AND APPROVED,this 6'"day of June,2016. illiam .Peard,ayor Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Brian Harrison Shelly Hughes Larry R.Lyon Rick Peterson VACANT SEAT AYE X X X NAY ABSENT ABSTAIN X llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Recorded:07/15/2016 at 08:18;00 AM Fee Amt:$37.00 Page 1 of 7 Dallas CouotV Iowa Chad C.Airhart RECORDER -2016 12121 DEVELOPER'S AGREEIVIENT City of Waukee,IA;Edward J.13roderick Kamily Trust;Norma IL Brodm ick Recorder's Cover Sheet Pl'cp111 el Information (name,address and phone nuntber): Steven P.Bl'Ick Brick Gentry Law 6701 Wcstown Pkwy.,Ste.100 IVcst Des Moines,IA 50266 Phone:(515)274-1450 ---'&Bill/IIeturn Document to (name and complete address): Rebecca D.Scbuett City of WRIII&cc 230 W.Hickman Rd. VVaukee,IA 50263 Phone:(515)9711-7904 Legal Description:SEE EXHIBIT A Document or Instrument Number of Previously 11ccorded Documents: I'&vr'mar31 br'Slcrcn It Itnck.unct (ientrr 0 u..6701 tkcatrrnn I'alkrtar ile 100 Kent 13ca 6'Ininca.13 602(i(r 6 I 6 271-I age Re(urn Ikeu (iu Clerk.('ira el'3Vaukcan 230 W.I iicl man 1(orl(1.Wanl cc.Ie Ira 60263 6 I 6 r767 01622 DEVELOPER'S AGRKFMENT I'his DEVEI OPER*S AGREEMENT,entered into between the City of Waukce,an Iowa municipal corporation in the State of lov:a (heireinafter relerred to as "City");ancl Edvvard .I. Broderick Family Trust and Nornla R.Bl'odel'ick,(hercinaftcr Ircfcrrcd to collectively as nProperty Ov;ner");(The City,and Property Owner may also be collectively referred to as "Parties"). WHEREAS,the City is a municipal Corporation duly formed and existing pursuant to Iowa law;and WHEREAS,the Property Owner is the owner of land consisting 20,00 acres of property legally described on Exhibit 'A'("Property")situated such that ii would benefit fiom the the extension of 4th Street to the north adjacent to its property as well as the extension of storm sewer and water main by the City within the ROW of any extension of 4"Stmci.that may be undta taken by the City in the future:and WI-IEREAS,Property Owner requests that the City undet7ake to extend 4"'street to the no17h along and adjacent to the Property and install as part of those improvements,storm sewer, and tvater main,at a time the city deems appropriate,and in order to induce the City to undertake said improvements agrees to pay 50%of thc cost incun'ed by the City in constructing said improvements adjacent to the Property;and WHIIREAS,the City agrees to facilitate the future expansion of 4"Street to the north and additional associated improvements including,but not limited to,storm sewer,curb and gutter and street lights along 4'"St adjacent to its I'roperty beinrr completed at some time in the future;and WHEREAS,the Pa(7ics desire to enter into an agreement setting forth the respective obligations of the Parties. ln consideration of the mutual promises as more particularly set foiih herein,sulTiciency ol' which is hereby acknowledged.the Parties agree as follotvs: Future lm rovements. I'hc Citv agrees to cause the extension of 4"Street to the north consisting of a 31 foot urban section,ctub and gutter,street lights,storm sewer and water main.("Fuiure hnprovements")along and adjacent Io the Property such that the Property will be al'forded access to 4'"street upon its completion provided Prop(aty Owner agrees to reimburse unto the City S0%of the costs incurred by the City in installing the Future Improvements.payable as provided in this agl'eelttcllt.'I he Property Otvncr understands and agrees that the City does not have a definitive tintc I'rame for completion of the I'uture hnprovements and tliat I'roperty Owners obligation accrues upon completion andlor acceptance of the I'uiure Improvements by thc City,as the City deems appropriate in its sole discretion. B.I'or the purpose ol'computing thc obligation of ihe Property Ov;ner under paragraph 1(A),ihe Property Owner's obligation mill be computed by determining the linear I'eet of the Property adjacent to I uhire Improvements and dctcrmining the actual costs incurred by the City for those improvements adjacent to said Property when undertaken.For example,il'the Property adjacent to the Future Improvements is 1,000 linear feet and the actual cost incurred to complete the I uuue Improvements is $250.00 per linear foot,the Property Owner is obligated io the City for 50%of the cost incurred by the City for thc installation ol' the I'uture Improvements,svhich under this example would total $125,000.00. Property Owner.shall reimburse the City for its share of ihc costs ol'the Future Improvements as set forth in this agreement upon submission to the City of a final plat,or site plan,vhichever shall first occur.This agreement shall be recorded on the Property and shall continue and constitute a lien on the Property until the Future Improvements are installed and payment nrade unto the City for Property Owners share of the costs under this agreement,and the obligation is released in writing by the City. B~idi Eff 't.rhea A"»'t 'h llui i tpl b ttp'»db*bi di g p Parties their successors and interests or assigns,if allv. I nIOrcentcnt.Should it become necessary I'or either party to enforce ibis agrecmctrh the defaulting party shall be responsible for any and all attorney's fees and expenses inmirred by the other party in pursuit of enforcement of ibis Agreement. Jurisdiction.The Parties agree that this Agireement and amendments hereto.if any, shall be governed by the laws of ihe 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 thc Iowa District Court in and for Dallas County,Iowa. (;5fgnruur e pres folios,j CITY OF WAUKEE,IOWA By .Mayor By ;Date:'Tufa 0 2016 ,City Clerk (City Seal) STATE OF IOWA :SS COLiNTY'OF DALLAS On this I day of ~~~,2016,before me.the undersigned,a Notary Public in and for the State of iowa,personally appeared 1121 I~I'rtttt ~t'rt and ,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 ~ under Roll Call No. —P5 rth ebtr C rl ur ~d;r~ll .2016ra da tl 1 r u r City Clerk.as such officers,acknowledge the execution of said instrument to be the voluntary act tuui deed of the City of Waukee,by them voluntarily executed. KATHRYN E.PURVIS9CommissionNumber7945'l3 My Commission Expires February 10,2019 otary Public ii and for the State f-owa My Commission expires +0+fl~oltl'f TIIE EDWARD J.BRODERICK FAMILY TRUST By:&G'.— Norma R.Broderick.Co-Trustee By end,E t~,I w I'OA *tpk.d'rrtt4 Ivlary J.Broderick Smith,Co-Trustg0 Ig.+,g~rJrf7rAtof Gvw.L V. By. Ke C.Broderick,Co-Trustee STA'I'B OF IOWA ) )ss. COUNTY OF DALLAS ) b~IIA kytf&8 ~q,giiyyktu. IJ.8rdE A, On this ~day of,2016,before me,a Notary Publi in and for said county,ptnsonally appeared Norma .Broderick,Mary J.Broderick Smith and Kelly C. Broderick,to me personally known,who being by me duly (sworn or aflirmeil)did say'that they are the Co-Trustees of said Edward J.Broderick Family Trust,that said instrument was signed on behalf of the said Edward J.Brodcrick Family 'I"rust;and,that said Co-Trustees, aclonov;ledged the execution of said instrument to be the voluntary act and deed ol said Trust,by it and by them voluntarily executed. y Pu cinand for the Stat oflo)va My mmission expires Pnglk ...JERRIFEB CHFEMEY Commission Number rt»7~ My Commission asntms ow July N,20trr ~X ts~J~I „gik ~ ois(o-J st~w r.o t-.~st.--r ~)r~e~g w~++&1 CJ i —5 47VMr~r~k +D (~it W 6'4 c.W+C~+~CJ dt J Lo -4-W~P~ gSREBECCJICECHUETTrCommissionNumber71&isa My Commission Expires rrisy 1 3,2017 4 NORMA R.BICODERICK,INDIVIDUALLY Norma R.Broderick Dated: STATE OF IOWA ) )ss, COL!NTY OF DALLAS ) On this ~day of ,2016,bet'ore me,a Notary I'ublic in and I'or said county.personally appeared Norma R Broderick,to me personally known,acknowlcd&red the execution of said instrument to be the voluntary act and deed,and by her voluntarily executed. tai'I'P lic in and for the 'ta of Iowa My Com ission expires rr ' dENlrttFER CHESNEY ~N Commission Number rt5579 My Qommisslon Expires OO July 20,tots EXHI II IT A THE WFST h OF THE SW 4 OF THE NE '/OF SECTION 28,TOWNSHII'79N RAN('*E 2GW OF THF,5 I'.M.(PAIZCEI.¹I2-28-200-003)