HomeMy WebLinkAbout2017-09-11-E01C McCorkle Wetland Mitigation Bank AgrNO Waukee
` WT P THE KEY TO GOOD LIVING
AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: September 11, 2017
AGENDA ITEM: Consideration of approval of a resolution approving Wetland Mitigation Bank
Credit Purchase Agreement
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: The City has received the 404 Environmental Permit for
the Army Corps of Engineers for the Alices Road Widening Project Phase 5
between Olson Drive and Horizon Drive. As a part of the permit the City is
required to mitigate 0.32 acres of wetland as an emergent wetland credit bank.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $10,800
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Wetland Mitigation Bank Credit Purchase Agreement
PREPARED BY: Beth Richardson ��
REVIEWED BY: John Gibson /J
PUBLIC NOTICE INFORMATION/—
NAME OF PUBLICATION:
DATE OF PUBLICATION:
THE CITY OF WAUKEE, IOWA
RESOLUTION 17-
APPROVING WETLAND MITIGATION BANK CREDIT PURCHASE AGREEMENT
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE, IOWA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal
Organization; AND,
WHEREAS, the U.S. Army Corps of Engineers has authorized the City of Waukee to purchase
036 credits of emergent wetland credit from the McCorkle Mitigation Bank for the purchase
price of $10,800.00 associated with the construction of the Alice's Road Corridor Phase 5
Project, SE Olson Drive to NE Horizon Drive.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this
11`h day of September, 2017, that it hereby approves the Wetland Mitigation Bank Credit
Purchase Agreement related to the Alice's Road Corridor Phase 5 Project, SE Olson Drive to NE
Horizon Drive.
Attest:
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE
Anna Bergman
R. Charles Bottenberg
Brian Harrison
Shelly Hughes
Larry R. Lyon
William F. Peard, Mayor
AYE NAY ABSENT ABSTAIN
Wetland Mitigation Bank Credit Purchase Agreement
1. This Wetland Mitigation Bank Credit Purchase Agreement is between Jeffrey
Dane McCorkle, referred to herein as "Sponsor" and City of Waukee, Iowa, referred to herein as
"Permittee".
2. Sponsor has an approved Banking Instrument, referred to herein as "McCorkle
Mitigation Bank", issued by the Army Corps of Engineers authorizing the issuance of mitigation
}.ranking credits for emergent wetlands to offset unavoidable adverse impacts on a permitted
project, referred to herein as the Permitted Project, to be performed pursuant to a §404 permit,
which permit is referred to herein as Permit. The Permit provides for the mitigation of
unavoidable adverse impacts from the Permitted Project allowed by the Permit, by purchasing
.36 credits in the McCorkle Mitigation Bank, Permit No. CEMVR-OD-P-2016-0023.
3. 1 0 satisfy the Pernrii requirerrieut the PcnnitieC agrees to purchase and the
Sponsor agrees to sell .36 credits of emergent wetland in the McCorkle Mitigation Bank for the
purchase price of $10,800.
4. Upon receipt by the Sponsor of the purchase price in immediately available U.S.
currency, the Sponsor shall provide to the Permittee Certificate No. 1, herein referred to as
Certificate, documenting payment of the purchase price and the Sponsor setting aside the number
of credits in the McCorkle Mitigation Bank for the Permitted Project. It is the sole duty of the
Permittee to notify the Army Corps of Engineers of the Certificate issuance.
5. The Permittee agrees that the Permittee is not purchasing any real estate interest
in the real estate containing the McCorkle Mitigation Bank. The purchase is only of the credits
as specified above.
6. The Permittee agrees that the Sponsor has no responsibility or liability for any
failure of the Permittee to comply with the terms of the Pennit and the Perinittee agrees to
indemni Fy and hold harmless the Sponsor to the fullest extent permitted by law from and against
any and all losses, damages, judgments, and expenses that the Sponsor may incur on account of
any activity of the Permittee associated with the Permit and the Permitted Project.
%. if the Permittee does not complete the Permitted Project within five years of the
issuance of the Permit the Certificate must be returned to the Sponsor and the issuance of the
credits pursuant to this agreement will be cancelled. Permittee agrees and understands that these
credits may not be assigned to anyone without the Sponsor's prior written approval, which
approval may be withheld by the Sponsor for any reason or no reason.
8. The parties agree that this agreement represents their entire agreement and
incorporates and sup rsedes any or all agreements or discussions.
Dated: --_-- Dated: _ —
City of Waukee, Iowa
By
Jeffrey Dane ;orkle, Sponsor . Permittee