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