HomeMy WebLinkAbout2017-02-06-J06 Satisfaction of Development Agreement - Douglas Parkway Improvements1 AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: February 6, 2017
AGENDA ITEM: Consideration of approval of a Resolution approving Release and Satisfaction
of Development Agreement between the City of Waukee, Waukee
Community School District and Perfect Acres LLC [Douglas Parkway
Extension]
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: The City entered into a three party agreement related to
the extension of Douglas Parkway adjacent to the new Grant Ragan
Elementary School in 2014. The agreement related to shared costs associated
with the improvements. Perfect Acres, the adjacent residential developer has
already satisfied their obligations with the School District. The City has
received an invoice for the City’s portion of the project in the amount of
$130,070.91 payable to the Waukee School District. With this payment, the
City’s obligations will be satisfied and the Development Agreement can be
satisfied.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $130,070.91
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: The City had anticipated this cost and has previously bonded
for the cost of the improvements.
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution
II. Satisfaction of Agreement
III. Original Development Agreement
IV. Invoice
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 17-
APPROVING SATISFACTION OF DEVELOPMENT AGREEMENT – VISIONBANK
OF IOWA [DOUGLAS PARKWAY IMPROVEMENTS]
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, Waukee Community School District and Perfect Acres LLC entered into a
Development Agreement (“Agreement”) with the City of Waukee, dated May 19, 2014 and
recorded on June 6, 2014 in Book 2014 Page 6877, Dallas County, Iowa regarding shared
costs and obligations related to the construction of a portion of Douglas Parkway.
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
the Waukee Community School District and Perfect Acres LLC and their successors and
assigns, from all obligations under said Developers Agreement.
Passed by the City Council of the City of Waukee, Iowa, and approved this the 6th day of
February, 2017.
____________________________
William F. Peard, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Brian Harrison
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. Waukee Community School District, Perfect Acres LLC and the City of
Waukee, Iowa, (“City”) (collectively “Parties”), entered into that certain
Development Agreement dated May 19, 2014 and recorded June 6, 2014 in Book
2014 at Page 6877 in the office of the Recorder of Dallas County, Iowa (the
“Agreement”).
B. All three Parties have satisfied their obligations related to the Agreement.
NOW, THEREFORE, the City does hereby acknowledge that the Waukee School
District and Perfect Acres LLC have satisfied their 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: __________________, 2017
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 _______________ 2017, 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