HomeMy WebLinkAbout2020-10-19-I01Y Certificate of Completion, Public Improvements_Deery DevelopmentCITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: October 19, 2020
AGENDA ITEM:Consideration of approval of a resolution accepting Certificate of
Completion, Public Improvements [Deery, Deery & Deery, LLC; Fred
Rose, LC]
FORMAT:Consent Agenda
SYNOPSIS INCLUDING PRO & CON: In 2018, the City entered into a Development
Agreement with Deery, Deery & Deery, LLC, and Fred Rose, LC, for the
construction of the Deery Brothers Development. As a part of the
requirements of the development agreement, the City is obligated to
approve a Certificate of Completion stating that all improvements
identified within the Development Agreement have been completed to the
satisfaction of the City.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: The developer has submitted the documentation
required by the development agreement.
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution
II. Certificate of Completion
PREPARED BY:Becky Schuett
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
AGENDA ITEM: I1Y
THE CITY OF WAUKEE, IOWA
RESOLUTION 2020-
APPROVING ACCEPTING CERTIFICATE OF COMPLETION,
PUBLIC IMPROVEMENTS [DEERY, DEERY & DEERY, LLC; FRED ROSE, LC]
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, on February 5, 2018, the Waukee City Council approved a Development Agreement by
and among the City of Waukee, Deery, Deery & Deery, LLC; Fred Rose, LC (Resolution #18-040);
AND,
WHEREAS, pursuant to the terms of the Development Agreement, the Developer is obligated to
construction certain Public Improvements as defined within the Development Agreement; AND,
WHEREAS, the Developer has demonstrated to the City that they have met and are in compliance
with the Public Improvements requirement.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the Certificate of
Completion, Public Improvements [Deery, Deery & Deery, LLC; Fred Rose, LC], is hereby accepted
and that the Mayor is authorized to execute the same on behalf of the City.
BE IT FURTHER RESOLVED that the City Clerk is directed to record the executed Certificate of
Completion, Public Improvements, with the County Recorder of Dallas County.
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
Execution Version C-3
EXHIBIT C-2
CERTIFICATE OF COMPLETION
PUBLIC IMPROVEMENTS
WHEREAS, the City of Waukee, Iowa (the “City”), Deery, Deery & Deery, LLC (the
“Retailer”), and Fred Rose, L.C. (the “Developer”) did on or about the _____ day of
____________________, 2018, make, execute, and deliver, each to the other, an Agreement for
Private Development (the “Agreement”), wherein and whereby the Developer agreed, in
accordance with the terms of the Agreement, to develop certain real property located within the
City and as more particularly described as follows:
PARCEL 17-140 AS DESCRIBED WITHIN THE PLAT OF SURVEY
RECORDED IN BOOK 2016 PAGE 24530, DALLAS COUNTY, IOWA 50236
INCLUDES PARCEL # 1232200005
(the “Development Property”); and
WHEREAS, the Agreement incorporated and contained certain covenants and restrictions
with respect to the development of the Development Property, and obligated the Developer to
construct certain Public Improvements (as defined therein) in accordance with the Agreement; and
WHEREAS, Developer has to the present date performed said covenants and conditions
insofar as they relate to the construction of said Public Improvements in a manner deemed by the
City to be in conformance with the Agreement to permit the execution and recording of this
certification.
NOW, THEREFORE, this is to certify that all covenants and conditions of the Agreement
with respect to the obligations of Developer and its successors and assigns, to construct the Public
Improvements on the Development Property have been completed and performed by Developer
and are hereby released absolutely and forever terminated insofar as they apply to the land
described herein. The County Recorder of Dallas County is hereby authorized to accept for
recording and to record the filing of this instrument, to be a conclusive determination of the
satisfactory termination of the covenants and conditions of said Agreement with respect to the
construction of the Public Improvements set forth in the Agreement.
All other provisions of the Agreement shall otherwise remain in full force and effect until
termination as provided therein.
[Signatures Start on Next Page]
Execution Version C-4
(SEAL) CITY OF WAUKEE, IOWA
By: ________________________________
ATTEST: Courtney Clarke, Mayor
By: ______________________________
Becky Schuett, City Clerk
STATE OF IOWA )
) SS
COUNTY OF DALLAS )
On this ________ day of ________________________, 2020, before me a Notary Public
in and for said State, personally appeared Courtney Clarke and Becky Schuett, to me personally
known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the
City of Waukee, Iowa, a Municipality created and existing under the laws of the State of Iowa,
and that the seal affixed to the foregoing instrument is the seal of said Municipality, and that said
instrument was signed and sealed on behalf of said Municipality by authority and resolution of its
City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and
deed of said Municipality by it voluntarily executed.
__________________________________
Notary Public in and for the State of Iowa
[Signature page to Certificate of Completion for Public Improvements]