HomeMy WebLinkAbout2016-02-02-J01D Satisfaction of Agr _Crossing at Alices Road AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: February 2, 2016
AGENDA ITEM: Consideration of approval of a resolution approving Satisfaction of
Agreements [Lot 1 of The Crossing at Alice’s Road Plat 2]
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: Knapp Properties is in the process of selling the Westbank
site to Westbank. As a part of the due diligence, the attorney for Westbank
has requested the City file a satisfaction related to an Agreement to Complete
Public Improvements as well as a Development Agreement. As it pertains to
the Westbank property, all requirements related to both agreements have been
satisfied.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution
II. Satisfaction of Agreements
PREPARED BY: Brad Deets
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
THE CITY OF WAUKEE, IOWA
RESOLUTION 16-
APPROVING THE RELEASE OF PROPERTY FROM AGREEMENT TO COMPLETE
AND DEVELOPER’S AGREEMENT– LOT 1 OF THE CROSSING AT ALICE’S ROAD
PLAT 2
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, Alices, LC (“Developer”) signed a certain Agreement to Complete dated July 1,
2008 and recorded in Book 2008 Page 9606 and a certain Amendment No. 1 to Amended and
Restated Development Agreement dated October 6, 2014 and recorded in Book 2014 Page 14153
(collectively “Agreements”), all in the office of the Recorder of Dallas County, Iowa related to
obligations associated with the development of The Crossing at Alice’s Road Plat 2; AND
WHEREAS, Developer has satisfied all obligations and costs allocated and applied against Lot
1 in The Crossing at Alice’s Road Plat 2, an Official Plat in Waukee, Dallas County, Iowa.
Except for the release of the obligations in relation to Lot 1 of The Crossing at Alice’s Road Plat
2, the Agreements remain in full force and effect and unchanged.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa on
this the 2nd day of February 2015 that the Release of Property from Agreements be approved.
____________________________
William F. Peard, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Shane Blanchard
Brian Harrison
Shelly Hughes
Larry R Lyon
Rick Peterson
Prepared by: Brad Deets, City of Waukee, 230 West Hickman Road, Waukee, IA 50263 (515) 978-7899
Return to: City Clerk, City of Waukee, 230 West Hickman Road, Waukee, IA 50263
RELEASE OF PROPERTY FROM AGREEMENT TO COMPLETE
AND
DEVELOPER'S AGREEMENT
THE CITY OF WAUKEE, IOWA, does hereby acknowledge that all obligations associated
with the Agreement to Complete Public Improvements related to The Crossing at Alice’s Road Plat
2 dated July 1, 2008 as recorded in Book 2008 Page 9606 in the office of the Recorder of Dallas
County, Iowa, are satisfied and fully released as such obligations and costs are allocated and applied
against Lot 1 of The Crossing at Alice’s Road Plat 2, an Official Plat in Waukee, Dallas County,
Iowa.
And
THE CITY OF WAUKEE, IOWA, does hereby acknowledge that all obligations associated
with the Development Agreement dated August 6, 2007, as amended by an Amendment to
Development Agreement dated July 21, 2008, then replaced by an Amended and Restated
Development Agreement dated March 19, 2012 and then amended by an Amendment No. 1 to
Amended and Restated Development Agreement dated October 6, 2014 as recorded in Book 2014
Page 14153 in the office of the Recorder of Dallas County, Iowa, are satisfied and fully released as
such obligations and costs are allocated and applied against Lot 1 of The Crossing at Alice’s Road
Plat 2, an Official Plat in Waukee, Dallas County, Iowa.
Except for the release of the obligations in relation to the Property herein, the Agreement to
Complete and Amended and Restated Development Agreement remain in full force and effect and
unchanged.
This release shall be filed of record with the Recorder of Dallas County, Iowa.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural, and as masculine, feminine or neuter gender, according to the context.
Dated: ________________, 2016. CITY OF WAUKEE, IOWA,
an Iowa municipal corporation
William F. Peard, Mayor
Rebecca D. Schuett, City Clerk
STATE OF IOWA, COUNTY OF DALLAS:
This record was acknowledged before me on _______________, 2016 by William F. Peard
and Rebecca D. Schuett, as Mayor and City Clerk, respectively, of the City of Waukee, Iowa.
By:
Notary Public in and for said State