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HomeMy WebLinkAbout2007-10-05-Resolutions 07-211_LA Grant Pkwy Paving - Ashworth to 312th - Development AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 07-211 'RESOLUTION APPROVING A DEVELOPERS AGREEMENT CONCERNING PROPERTY OWNERS PORTION OF THE COSTS ASSOCIATED WITH THE LA GRANT /V AVENUE IMPROVEMENTS IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,preliminary improvements are being undertaken by the City on LA GrantlV Avenue;AND WHEREAS,the preliminary improvements include grading,street paving,and the installation of turn lanes at the intersections of LA Grant/V Avenue with Ashworth,Dallas County Iowa,in accordance with design specifications approved by the City;AND WHEREAS,BlueStem LLC (hereinafter referred to as "Property Owner")is the owner of certain property adjacent to said street whose property will benefit from the improvements;AND WHEREAS,in order to assist and induce the City to undertake the improvements Property Owner has made payment to the City in the amount of $216,223.44,and in consideration of said payment the City agrees to commence the improvements,subject to the terms of the Developers Agreement. BE IT THEREFORE RESOLVED by the City Council of the City of Waukee on this 5'"day of October,2007,that the agreement attached as Exhibit A should be and the same is hereby approved. Attest: ROLL CALL VOTE AYE NAY ABSENT Donald L.Bailey,JI.X Isaiah McGee X JeffV.Mertz X Darlene Stanton X Mike Watts X Exhibit A DEVELOPERS AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Waukee,Iowa (hereinafter referred to as the "City"),and the undersigned Property Owners,(hereinafter called "B1ueStem"),WITNESSETH: I WHEREAS,BlueStem has platted property adjacent to the roadway on the property and has asked the City to undertake preliminary improvements on the roadway adjacent to the property known as LA Grant/V A venue;and WHEREAS,the preliminary improvements contemplated hereunder include grading, street paving,storm sewer,and the installation of turn lanes at the intersections of LA Grant/V Avenue with Ashworth and LA Grant/V Avenue with 3 12th,Dallas County Iowa,in accordance with design specifications approved by the City,in its sole discretion;and WHEREAS,the cost of the benefit received by the property as a result of the preliminary improvements is agreed by the parties to be $219,532.98 but as a result of the payment being remitted in advance of completion of the improvements the parties have agreed to an interest reduction in the amount at the rate of 73/4 %for 71 days to December 15,2007 for a total of $216,223.44;and WHEREAS,in order to assist and induce the City to undertake the improvements B1ueStem has agreed to make payment to the City in the prepaid amount of $216,223.44 in 1 advance of completion of the 24 foot rural pavement cross section of the project completed as part of said preliminary improvements and in consideration of said payment the City agrees to . commence the improvements;and WHEREAS,B1ueStem and the City wish to set forth their agreements with respect to the payment by BlueStem to the City relating to said payment. NOW,THEREFORE,IT IS AGREED AMONG THE PARTIES HERETO AS FOLLOWS: 1.In consideration of the inducements,representations and payments contemplated pursuant to this agreement,the City of Waukee shall cause the improvements to be constructed to LA Grant/V Avenue in accordance with such plans and specifications,as it shall deem appropriate.The construction of the improvements shall be under the supervision of an engineer to be selected by the City. 2.BlueStem has paid unto the City of Waukee the prepaid sum of $216,223.44 dollars representing its payment for its share of the preliminary improvements undertaken by the City. 3.The property owner originally sought to pay its portion within 30 days of I completion of the rural paving portion of the preliminary improvements and has instead agreed to pay in advance said amount.However,in the event that the 24 foot of rural pavement cross section is not completed on or before November 15,2007 the city agrees to pay unto property owner interest on said amount from November 15,2007 to the completion date of the 24 foot rural pavement cross section portion of the preliminary improvements,as determined by the City engineer,at the rate of 7 %percent per aunurn.Upon completion of the 24 foot rural pavement cross section portion of the project there shall be no further obligation by the City. 4.Severability.If any provision hereof is for any reason unenforceable or inapplicable,the other provisions hereof will remain in full force and effect in the same manner as if such unenforceable or inapplicable provisions had never been contained herein. 5.Governing Law.This Agreement shall be governed by and construed 111 accordance with the laws of the State ofIowa. 6.Effective.This Agreement is subject to and contingent upon approval by the Waukee City Council.In the event the Waukee City Council does not approve this agreement, this Agreement shall be null and void. DATED as of ()cJi>\aU ~,2007. THE CITY OF WAUKEE,IOWA nLC~LC By:X /f Attest:lfic~;Ad -..-oistra,ity immstrator By:~ (Printed Name and Title) 2