Loading...
HomeMy WebLinkAbout2009-04-20-Resolutions 09-94_Craig Dental - Development AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 09-94 RESOLUTION APPROVING A DEVELOPERS AGREEMENT AND SECURING PROPERTY OWNERS PORTION OF THE COSTS ASSOCIATED WITH PROVIDING ACCESS TO SE LAUREL STREET INTHENAMEANDBYTHEAUTHORITYOFTHECITYOFWAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal Organization;AND, WHEREAS,the City anticipates in the future,improvements will be necessary to Warrior Lane that will restrict ingress-egress to the Warrior Access to right-in/right-out movements only which would then make it necessary for the completion of the Laurel Access to maintain the internal flow and access of the development as originally proposed with the preliminary plat for Windfield Commercial Plat I;AND, WHEREAS,the City is desirous of assuring that the Developer proceeds with the Laurel Access before or at such time as improvements to Warrior Lane would be made that would restrict the Warrior Access to right-in/right-out access only and the parties have reached agreement to assure the improvements are completed as more particularly set forth herein. THEREFORE,the Developer and the City,in consideration of the foregoing and other good and valuable consideration agree as follows: I)The City agrees to allow the Developer to proceed in accordance with the site plan approved by the City Council this the 20th day of April,2009,which provides for access to the property from the Warrior Access with the improvements for the Laurel Access indicated as future improvements.Prior to the City proceeding with improvements to Warrior Lane which would make the Warrior Access function as a right-in/right-out only,notice shall be given to the Developer by ordinary mail to the owner of the property at the mailing address identified at the Dallas County Assessors Office giving the Developer 180 days from the date of mailing to complete the future Laurel Access improvements depicted on Exhibit A,however,the City agrees to not request the Laurel Access improvements for a minimum of two (2)years from the date a building permit is issued for the Property.Such notice shall not require receipt and/or return receipt for commencement of the time frame as specified. 2)The developer understands and agrees that approval of the site plan providing for access to the property from Warrior Lane is temporary and the property's Warrior Lane access Point will be effected in the future by improvements undertaken by the City to Warrior Lane,in a manner determined by the City in its sole discretion.The developer understands that the Laurel Access Point will be the primary access point to the property and must be completed by property owner at its sole cost and expense. 3)The developer may propose to the City alternative Laurel access points for the property until the issuance of a certificate of occupancy for the property.Any such proposal will be considered by the City and may be approved by the City,in its sole discretion,in lieu of the access point requirements contained herein provided the same is reduced to writing and approved by the City Council of the City of Waukee and developer.The foregoing notwithstanding,this agreement shall remain in full force and effect until modified in writing. 4)Developer,in order to secure the full and timely completion of the Laurel Access improvements within the time frame as defined in paragraph 1 above,shall deliver unto City a performance bond in the amount of $50,000.00,which may be drawn upon by City,in order to complete the improvements,in the event of a breach of this agreement by Developer.Said performance bond shall be delivered to the City as a condition to the issuance of the certificate of occupancy by the City.Developer understands that without a certificate of occupancy,it will not be entitled to occupy any improvements constructed on the premises.In substitution for the performance bond,Developer may deliver an irrevocable letter of credit or collateralized cash or marketable securities equal in value to the required performance bond which may be drawn upon by City to complete said improvements. 5)In the event of default by Developer,Developer acknowledges,agrees and grants unto the City,irrevocably,the right to enter the premises and cause the Laurel Access improvements as depicted on Exhibit A to be constructed.Prior to undertaking said work,the City may first draw the entire balance of the performance bond pledged herein so as to satisfy all costs associated with completing the Laurel Access improvements.In the event the costs of the work undertaken by the City exceed the amounts received by the City from the performance bond,Developer agrees that it shall be responsible for such costs and Developer hereby grants, conveys and pledges unto the City a lien on the property described herein as additional security to secure said obligation. 6)Each party warrants and represents that the execution,delivery and performance by it of its respective obligations under this Agreement (i)do not contravene any law or any contractual provision binding on it and (ii)do not require any consent or approval of any person or governmental authority except such consents and approvals as have been obtained are in full force and effect. 7)Each party warrants and represents that this Agreement constitutes a legal,valid and binding obligation and is enforceable in accordance with its terms. 8)Each party warrants and represents that it has not assigned or otherwise transferred (voluntarily or involuntarily)in any manner any claim of any kind relating to the subject matter of this Agreement and that the parties have the authority to execute this Agreement. 9)This Agreement is the sole,only,entire,and complete Agreement of the parties in the settlement and resolution of the matter which is the subject of this Agreement.The recitals set forth above and the exhibits hereto are incorporated herein.No statements,promises or representations have been made by any party to another,or are relied upon,and no consideration has been or is offered,promised,expected or held out,other than that constituted by this Agreement,unless contained in a separate wntmg,signed by the obligating parties,No conditions precedent to the effectiveness of this Agreement exist,other than as may be expressly provided herein.All prior discussions and negotiations have been and me merged and integrated into,and are superseded by,this Agreement. 10)This Agreement may only be modified in writing signed by the parties hereto.No conduct or inaction on the part of the parties shall be construed as a waiver or relinquishment of any rights of the parties pursuant to this Agreement.No waiver of any breach of any term or provision of this Agreement shall be construed to be,or shall be,a waiver of any other breach of this Agreement.No waiver shall be binding unless in writing and signed by the party waiving the breach. BE IT THEREFORE RESOLVED by the City Council of the City of Waukee on this zo"day of April,2009,that the agreement attached as Exhibit A,submitted by the owners of the property described above,securing their obligation to the City is hereby approved. BE IT FURTHER RESOLVED the City Clerk shall cause the original to be recorded upon the property by submitting the original to the Dallas County Recorder's office with the appropriate recording fees. oTem Attest: JellIlle<ll'/lJ. ROLL CALL VOTE Donald L.Bailey,Jr. Casey L.Harvey C.Isaiah McGee Darlene Stanton Mike Watts AYE NAY ABSENT X ABSTAIN X X X X