HomeMy WebLinkAbout2019-03-04-J01M Autumn Ridge P1_Satisfaction of Dev Agr AGENDA ITEM: J1M
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: March 4, 2019
AGENDA ITEM: Consideration of approval of resolution approving Satisfaction of
Development Agreement – Autumn Ridge Plat 1
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: Autumn Ridge Apartments, LC has requested the
City approve a satisfaction of this agreement as it pertains to a real estate
transaction that they are working on. The improvements in question
related to certain improvements associated with SE Olson Drive that
were constructed as a part of the improvements for Autumn Ridge Plat 1
which were previously accepted by the City Council on January 16,
2017.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Staff has reviewed the Agreement and believes the
agreement can be satisfied.
RECOMMENDATION: Approve the Resolution
ATTACHMENTS: I. Proposed Resolution
II. Proposed Satisfaction
PREPARED BY: Brad Deets, Development Services Director
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
1
THE CITY OF WAUKEE, IOWA
RESOLUTION 19-
APPROVING SATISFACTION OF DEVELOPMENT AGREEMENT – AUTUMN
RIDGE PLAT 1
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, Autumn Ridge Apartments, L.C. entered into a Development Agreement
(“Agreement”) with the City of Waukee, dated January 27, 2015 and recorded on June 12,
2015 in Book 2015 Page 9109, Dallas County, Iowa regarding public improvements
associated with Autumn Ridge Plat 1.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa
that the terms of the Agreement have been fully satisfied by all parties and the City releases
Autumn Ridge Apartments, L.C. 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 4th day of
March, 2019.
____________________________
William F. Peard, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Courtney Clarke
Shelly Hughes
Larry R. Lyon
Prepared by: Bradly M. Deets, City of Waukee, 230 W. Hickman Road, Waukee, IA 50263 (515) 987 -4522
Return to: Rebecca D. Schuett, City Clerk City of Waukee, 230 W. Hickman Road, Waukee, IA 50263 (515) 987 -4522
SATISFACTION OF DEVELOPMENT AGREEMENT
RECITALS
A. Autumn Ridge Apartments, LC and the City of Waukee, Iowa, (“City”)
(“Parties”), entered into that certain Development Agreement dated January 27, 2015
and recorded June 12, 2015 in Book 2015 at Page 9109 in the office of the Recorder
of Dallas County, Iowa (the “Agreement”).
B. All Parties have satisfied their obligations related to the Agreement.
NOW, THEREFORE, the City does hereby acknowledge that Autumn Ridge
Apartments, LC has satisfied its obligations of the Agreement in relation to the
Property and the Property is hereby released from the obligations and provisions of
the Agreement and such lien is hereby redeemed, paid off, satisfied and discharged in
full as it relates to the Property.
This release shall be filed of record with the Dallas County, Iowa, Recorder.
Words and phrases herein, including acknowledgement hereof, shall be construed
as in the singular or plural, and as masculine, feminine or neuter gender, according to
the context.
Dated: __________________, 2019
CITY OF WAUKEE, IOWA,
An Iowa municipal corporation
By:________________________
William F. Peard, Mayor
By:________________________
Rebecca D. Schuett, City Clerk
STATE OF IOWA, COUNTY OF DALLAS:
On this ____ day of _______________ 2019, before me, the undersigned, a
Notary Public in and for said County and State personally appeared William F. Peard
and Rebecca D. Schuett, to me personally known, who being by me duly sworn, did
say they are the Mayor and City Clerk of the City of Waukee, Iowa, a municipal
corporation, executing the within and foregoing instrument and acknowledged that
they executed the same as their voluntary act and deed of the City of Waukee, by it
and by them voluntarily executed.
By:________________________
Notary Public in and for said State of
Iowa