HomeMy WebLinkAbout2022-11-07 Resolution 2022-456_Settlement Agreement and Release, Ashley Acres LLCTHE CITY OF WAUKEE, IOWA
RESOLUTION 2022-456
APPROVING SETTLEMENT AGREEMENT AND RELEASE
[ASHLEY ACRES, LLC]
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, Ashley Acres, LLC and the City entered into a Developer's Agreement approved by the
City on August 17, 2020 (Book 2020, Page 22152 at the Dallas County Recorder's Office) in which
the parties agreed to certain obligations associated with the development of the property owned by
Ashley Acres, LLC west of N Warrior Lane; AND,
WHEREAS, Ashley Acres, LLC claims the City breached the Contract by failing to complete the
obligation to complete the extension of water and sewer infrastructure to the property by June 30,
2021: AND,
WHEREAS, Ashley Acres, LLC alleged that it is owed damage due to the City's alleged breach of the
Contract; AND,
WHERAS, Ashley Acres, LLC and the City have agreed to settle all the claims and demands that have
been asserted in the amount of $32,057.75,
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the
Settlement Agreement and Release between the City of Waukee and Ashley Acres, LLC is hereby
approved.
Passed by the City Council of the City of Waukee, Iowa, and approve4 a day of November 2022.
R. Charles Bottenberg, Mayor Pro Tern
Attest:
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE:
AYE NAY ABSENT ABSTAIN
Anna Bergman Pierce
X
R. Charles Bottenberg
X
Chris Crone
X
Larry R. Lyon
X
Ben Sinclair
X