HomeMy WebLinkAbout2017-05-01-J01J Satisfaction of Dev Agr_Kettlestone Blvd Improvements AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: May 1, 2017
AGENDA ITEM: Consideration of approval of a Resolution approving Release and Satisfaction
of Development Agreement between the City of Waukee, Kum & Go, L.C.
and Ashworth Properties, Inc. [Kettlestone Boulevard Improvements]
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: The City entered into an agreement in 2016 regarding
improvements associated with the construction of Kettlestone Boulevard
located east of Grand Prairie Parkway. The improvements completed
included additional lane and turning movements that were beyond what would
have been normally required of the development. Per the terms of the
agreement, Kum & Go was responsible for the construction of the
improvements and then requesting reimbursement from the City upon
completion of said improvements.
The City has received an invoice for the City’s portion of the project in the
amount of $109,359.00 payable to Kum & Go, L.C. With this payment, the
City’s obligations will be satisfied and the Development Agreement can be
satisfied.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $109,359.00
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 – KUM & GO
L.C. AND ASHWORTH PROPERTIES, INC. [KETTLESTONE BOULEVARD
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, Kum & Go, L.C. and Ashworth Properties, Inc., Inc. entered into a
Development Agreement (“Agreement”) with the City of Waukee, dated May 23, 2016 and
recorded on June 3, 2016 in Book 2016 Page 8829, Dallas County, Iowa regarding shared
costs and obligations related to the construction of Kettlestone Boulevard.
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
Kum & Go, L.C. and Ashworth Properties, 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 1st day of
May, 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. Kum & Go L.C., Ashworth Properties, Inc. and the City of Waukee, Iowa,
(“City”) ( “Parties”), entered into that certain Development Agreement dated May 23,
2016 and recorded June 3, 2016 in Book 2016 at Page 8829 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 Kum & Go, L.C.
and Ashworth Properties, Inc. have 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