HomeMy WebLinkAbout2021-10-04-Resolution 2021-415_Mutual Termination and Release of Development Agreement, KoetheTHE CITY OF WAUKEE, IOWA
RESOLUTION 2021-415
APPROVING MUTUAL TERMINATION AND RELEASE OF DEVELOPMENT
AGREEMENT [KOETHE PROPERTY]
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 City Council has previously entered into a Development Agreement with LeMar Koethe
"Developer" dated April 21, 2007 and recorded in the Office of the Dallas County Recorder at Book 2007
Page 7604 concerning proposed development of a property located within the City of Waukee and certain
incentives that were to be provided by the City in the event the Property was developed in accordance
with said Agreement;; AND,
WHEREAS, Developer has not developed the property as required by said Agreement and the Developer
is not otherwise eligible for the incentives provided the City pursuant to said Agreement; AND,
WHEREAS, the City and Developer acknowledge and agree that the Agreement should be terminated
and of no further effect that both the City and the Developer should release and discharge each other
from any and all obligations whatsoever arising by virtue of the Agreement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa, that the
Mutual Termination and Release of Development Agreement with LeMar Koethe is hereby approved.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute any and all documents to
effectuate the Mutual Termination and Release of Development Agreement, and that the City Clerk
shall cause the originals of the termination to be recorded upon the properties by submitting the original
to the Dallas County Recorder with the appropriate recording fees.
Passed by the City Council of the City of Waukee, Iowa, and approved this the 4t' day of October,
2021.
Courtney Clarke, Mayor
"J,t�
Attest:
6,6A4
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE:
AYE
Anna Bergman Pierce
X
R. Charles Bottenberg
X
Chris Crone
Larry R. Lyon
X
Ben Sinclair
X
NAY ABSENT
R
ABSTAIN