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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