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HomeMy WebLinkAbout2021-08-02-J01R Satisfaction of Agreement_NE Venture Dr AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: August 2, 2021 AGENDA ITEM: Consideration of approval of a resolution approving Satisfaction of Developer’s Agreement for Public Improvements [NE Venture Drive Extension] FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The City entered into a development agreement at the time the YMCA was constructed in 2008 related to a small portion of NE Venture Drive that runs along the south side of the YMCA building. At the time, a segment of the road was not completed and the development agreement detailed the obligations of the future improvement at such time as NE Venture Drive was further extended to the west. NE Venture Drive was extended in 2020 as a part of the Greenway Crossing development and the improvements have been accepted by the City. An attorney representing the YMCA is requesting the Development Agreement be satisfied as it has come up as a part of a real estate transaction title question. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Staff would recommend approval of the resolution RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution II. Existing Development Agreement PREPARED BY: Brad Deets, Assistant City Administrator REVIEWED BY: J1R THE CITY OF WAUKEE, IOWA RESOLUTION 2021- APPROVING SATISFACTION OF DEVELOPMENT AGREEMENT FOR PUBLIC IMPROVEMENTS – NE VENTURE DRIVE 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, LBB Development, LLC, Philip E. Broderick, LLC and Charlotte Broderick, LLC. entered into a Development Agreement, filed May 13, 2008 and recorded in Book 2008 Page 6694 in the office of the Recorder of Dallas County, Iowa related to obligations associated with the extension and construction of NE Venture Drive (the “Agreement”); AND, WHEREAS, the obligations associated with the Agreement and the public improvements for NE Venture Drive were accepted by the City of Waukee on October 5, 2020 (Resolution 2020-374) NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa that the terms of the Agreement have been satisfied by all parties and the City releases LBB Development, LLC, Philip E. Broderick, LLC and Charlotte Broderick, LLC and their successors and assigns, from all obligations under said Agreement. Passed by the City Council of the City of Waukee, Iowa, and approved this the 2nd day of August 2021. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair