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