HomeMy WebLinkAbout2019-11-04-J01G Certificate of Completion - KC Kettlestone AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: November 4, 2019
AGENDA ITEM: Consideration of approval of a resolution accepting Certificate of
Completion, Minimum Improvements [KC Kettlestone, L.C.; Ashworth
Properties, Inc.] Agreement
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: The City entered into a Development Agreement
with KC Kettlestone, L.C. and Ashworth Properties, Inc. for the
construction of the Holmes Murphy office building in 2016. 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.
In the case of this Development Agreement, the improvements consisted
of the construction of the approximately 90,000 square foot office building
and the construction of SE Esker Ridge Drive.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Both a Certificate of Occupancy for the building as
well as a Certificate of Completion for the public improvements related
to the project have previously been approved.
RECOMMENDATION: Approve the Resolution
ATTACHMENTS:
I. Proposed Resolution
PREPARED BY: Brad Deets
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
J1G
THE CITY OF WAUKEE, IOWA
RESOLUTION 19-
APPROVING ACCEPTING CERTIFICATE OF COMPLETION,
MINIMUM IMPROVEMENTS [KC KETTLESTONE, L.C.;
ASHWORTH PROPERTIES, INC.]
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 August 1, 2016, the Waukee City Council approved a Development Agreement by
and among the City of Waukee, KC Kettlestone, L.C., and Ashworth Properties Development, Inc.
(Resolution #16-310); AND,
WHEREAS, pursuant to the terms of the Development Agreement, the Developer is obligated to
construction certain Minimum 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 Minimum Improvements requirement.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the Certificate of
Completion, Minimum Improvements [KC Kettlestone, L.C., Ashworth Properties, Inc.], 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, Minimum Improvements, with the County Recorder of Dallas County.
Passed by the City Council of the City of Waukee, Iowa, and approved this the 4th day of November,
2019.
____________________________
William F. Peard, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Courtney Clarke
Shelly Hughes
Larry R. Lyon
CERTIFICATE OF COMPLETION
MINIMUM IMPROVEMENTS
WHEREAS, the City of Waukee, Iowa (the "City") and KC Kettlestone, L.C. (the
“Developer”), did on or about the 1st day of August, 2016, 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 and maintain certain
real property located within the City and as more particularly described as follows:
Lot 1 of Ashworth North Plat 1, an Official Plat now included in and forming a part of the City
of Waukee, Dallas County, Iowa
(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 Minimum 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 Minimum 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
Minimum 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 Minimum Improvements on the Development Property.
All other provisions of the Agreement shall otherwise remain in full force and effect until
termination as provided therein.
[Signatures Start on Next Page]
(SEAL) CITY OF WAUKEE, IOWA
By: ________________________________
ATTEST: William F. Peard, Mayor
By: ______________________________
Becky Schuett, City Clerk
STATE OF IOWA )
) SS
COUNTY OF DALLAS )
On this ________ day of ________________________, 2018, before me a Notary Public
in and for said State, personally appeared William F. Peard 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