HomeMy WebLinkAbout2020-10-19-I01W Satisfaction of Agreement - NE Boston Pkwy AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: October 19, 2020
AGENDA ITEM: Consideration of approval of a resolution approving Satisfaction of
Developer’s Agreement for Public Improvements [NE Boston Parkway
Extension]
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: The City entered into a development agreement with
Jerry’s Homes for the extension of NE Boston Parkway adjoining the Alice
Patricia Apartment Development located along NE Alice’s Road in May
2016.
The public improvements were completed and accepted by the City in January
2017, however, the original development agreement was never released.
The owner is requesting the Development Agreement be satisfied as it has
come up as a part of a real estate transaction title question.
Approval of the satisfaction of the agreement will clean up title for the sale of
the property associated with Alice Patricia homes.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Staff would recommend approval of the resolution
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution
PREPARED BY: Brad Deets, Development Services Director
REVIEWED BY:
I1W
THE CITY OF WAUKEE, IOWA
RESOLUTION 2020-
APPROVING SATISFACTION OF DEVELOPMENT AGREEMENT FOR PUBLIC
IMPROVEMENTS – NE BOSTON PARKWAY EXTENSION
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized
Municipal Organization; AND,
WHEREAS, Jerry’s Homes, Inc. entered into a Development Agreement, filed May 23, 2016
and recorded in Book 2016 Page 7843 in the office of the Recorder of Dallas County, Iowa
related to obligations associated with the extension and construction of NE Boston Parkway
(the “Agreement”); AND,
WHEREAS, Jerry’s Homes and the City of Waukee each completed their obligations
associated with the Agreement and the public improvements for NE Boston Parkway were
accepted by the City of Waukee on January 3, 2017 (Resolution 17-006)
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa
that the terms of the Agreement have been satisfied by all parties and the City releases Jerry’s
Homes, Inc. and their successors and assigns, from all obligations under said Agreement.
Passed by the City Council of the City of Waukee, Iowa, and approved this the 19th day of
October, 2020.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair