HomeMy WebLinkAbout2016-11-07-J01N Satisfaction of Agreement - Development Agreement_Brewer AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: November 7, 2016
AGENDA ITEM: Consideration of approval of a Resolution approving Release and Satisfaction
of Development Agreement between the City of Waukee and ARAC, LLC;
Charles Sanford Swallow and Terry Irene Swallow Trust; TKC Real Estate,
LLC; and KE Brewer, LLC [Grand Prairie Parkway and Regional Detention
Pond Development]
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: The City entered into a Development Agreement in 2013
with Kurt Brewer and his partners regarding the acquisition of property and
construction of Grand Prairie Parkway and a regional storm water retention
pond. Mr. Brewer’s mortgage holder is requesting the City provide a release
and satisfaction of the agreement as it pertains to the property owner’s
obligations under the agreement.
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, Development Services Director
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
1
THE CITY OF WAUKEE, IOWA
RESOLUTION 16-
APPROVING A RELEASE AND SATISFACTION FOR DEVELOPMENT
AGREEMENT – ARAC, LLC; CHARLES SANFORD SWALLOW AND TERRY
IRENE SWALLOW TRUST; TKC REAL ESTATE, LLC; KE BREWER, LLC
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, ARAC LLC, Charles Sanford Swallow and Terry Irene Swallow Trust dated
10-22-98, TKC Real Estate, L.L.C., and KE Brewer, LLC (collectively “Property Owners”)
entered into a Development Agreement (“Agreement”) with the City of Waukee, dated April
15, 2013 and recorded on April 26, 2013 in Book 2013 Page 7598, Dallas County, Iowa
regarding development of Grand Prairie Parkway and regional detention.
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 and the City releases the Property
Owners 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 7th day of
November, 2016.
____________________________
William F. Peard, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Anna Bergman
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 FROMDEVELOPER'S AGREEMENT
THE CITY OF WAUKEE, IOWA, does hereby acknowledge that all obligations associated
with the Development Agreement dated April 15, 2013 and recorded in Book 2013, Page 7598 in the
office of the Recorder of Dallas County, Iowa, are satisfied and fully released as such obligations and
costs against Government Lot 15, in Section 4, Township 78 North, Range 26 West of the 5th P.M.
City of Waukee, Dallas County Iowa and the West 3/8ths of the Southeast Quarter of Section 4,
Township 78 North, Range 26 West of the 5th P.M., City of Waukee, Dallas County, Iowa.
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