HomeMy WebLinkAbout2017-02-21-J05 Satisfaction of Dev Agr_Boston Parkway Improvements AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: February 21, 2017
AGENDA ITEM: Consideration of approval of a Resolution approving Release and Satisfaction
of Development Agreement between the City of Waukee and Jerry’s Homes,
Inc. [Boston Parkway Extension]
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: The City entered into an agreement in 2016 regarding the
construction of an approximately 500 foot extension of Boston Parkway just
east of Alice’s Road. The road borders a Jerry’s Homes Development on the
north and the MidAmerican Substation Property on the south. Per the
agreement, the City agreed to pay half of the cost of the road construction that
would have otherwise been contributable to Mid American Energy.
The City has received an invoice for the City’s portion of the project in the
amount of $223,492.25 payable to Jerry’s Homes. With this payment, the
City’s obligations will be satisfied and the Development Agreement can be
satisfied.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $223,492.25
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: The City had anticipated this cost and has previously bonded
for the cost as a part of the Capital Improvements Plan.
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 – JERRY’S
HOMES [BOSTON 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, Jerry’s Homes, Inc. entered into a Development Agreement (“Agreement”) with
the City of Waukee, dated May 16, 2016 and recorded on May 23, 2016 in Book 2016 Page
7843, Dallas County, Iowa regarding shared costs and obligations related to the construction
of a portion of Boston 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
Jerry’s Homes, Inc. 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 21st 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. Jerry’s Homes, Inc. and the City of Waukee, Iowa, (“City”) ( “Parties”),
entered into that certain Development Agreement dated May 16, 2016 and recorded
May 23, 2016 in Book 2016 at Page 7843 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 Jerry’s Homes, Inc.
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: __________________, 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