HomeMy WebLinkAbout2008-02-04-Resolutions 08-27_KE Brewer - Agr and SatisfactionTHE CITY OF W AUKEE,IOWA
RESOLUTION 08-27
APPROVING THE AGREEMENT AND SATISFACTION ENTERED INTO WITH K.E.
BREWER L.C.WITH REGARDS TO THE DEVELOPER'S AGREEMENT DATED
APRIL 4,2005
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee and KE Brewer L.C.entered into a developer's agreement
dated April 4,2005,in which the term of the lease extended to November 1,2005;AND,
WHEREAS,the City of Waukee and KE Brewer L.C.are desirous of satisfying certain tenns of
the Developer's Agreement dated April 4,2005 by entering into the attached Agreement and
Satisfaction;AND,
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council on this 4th day
of February,2008 that it hereby approves the Agreement and Satisfaction contingent upon
receipt of related acquisition plats,and Mayor and City Administrator are hereby authorized to
execute said Agreement and Satisfaction;AND,
BE IT FURTHER RESOLVED by the City of Waukee City Council that nothing herein is
intended to modify,alter or otherwise effect any obligations,bonds,promises,pledges or
requirements of developer to the city arising outside of the agreement.
Attest:
ROLL CALL VOTE
Donald L.Bailey,Jr.
Casey L.Harvey
C.Isaiah McGee
Darlene Stanton
Mike Watts
AYE
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NAY ABSENT ABSTAIN
AGREEMENT AND SATISFACTION
This Agreement and Satisfaction is entered into on this the 4th day of February,2008 by
and between the City of Waukee,a municipal corporation ("City")and ICE Brewer L.C.
("Developer").
RECITALS
A)The Developer is titleholder of'property that was platted and known as:
Government Lot 12 and the South 33 feet of Government Lot 5 all in
Section 4,Township 78 North,Range 26 West of the 5th P.M.,Dallas
County,Iowa,Except Beginning 184.4 feet South of an Iron Pin at the
northwest corner of Government Lot 12 in Section 4-78-26 West of the 5th
PM.,Dallas County,Iowa,thence East 358.8 feet;thence North 261.4
feet;thence Southwesterly (Bearing South 874'West)on a line 33.0 feet
north of and parallel to the North line of said Government Lot 12,359.6
feet to the West section line of said Section 4,thence South 217.4 feet to
the point of beginning.
AND
Government Lot 8 in Section 5,Township 78 North,Range 26 West of the
5'"P.M.,Dallas County,Iowa,
Subject to all easements of record,containing 38.520 acres,less road right
of way_
B)That on 01'about April 4,2005,the parties hereto executed a Developer's
Agreement recorded in Book 2006,Page 15341 of the Dallas County Recorder's
Office on September 18,2006.
C)The parties had certain obligations and responsibilities which the parties hereto
agree have been satisfied to the extent provided hemin.
NOW THEREFORE,the City and the Developer,in consideration of tbe promises and
mutual obligations set forth in this Developer's Agreement and the performance of the prior
obligations imposed by the Developer's Agreement dated April 4,2005,the parties are in
agreement as follows:
Tn satisfying Its financial obligations to the Developer,the City owes a total amount under the
contract to the Developer in the amount of $168,780.Developer has items remaining for
completion including the paying the City for the tie-in of West own Parkway to LA Grant at that
intersection.'In addition,Developer has not completed the Westown Parkway right-of-way and
appurtenances thereto,which must be completed prior to the City's acceptance of the completed
riglit-of-way improvements.Developer agrees to pay the City for the tie in of West own parkway
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to LA Grant in the amount of 12,750.00 and convey/dedicate the Westown parkway land as
depicted on the attached acquisition plat prior to payment being made by the City to developer,
and to complete the remaining work within the Westown Parkway Right of way and
appurtenances thereto on or before May 1,2008.
1)The City acknowledges that with the exception of the completion of Westown
Parkway right-of-way improvements and appurtenances thereto,that Developer has satisfied its
obligations under the Developer's Agreement dated April 4,2005.In consideration of the
promises relative to Developer's completion of all work required by the City within the Westown
Parkway right of way and appurtenances thereto,the City shall cause to be paid the 168,780.00
after receipt by the City from developer of the $12,750.00 reimbursement for the tie in of
Westown parkway to LA Grant and the conveyance/dedication of the Westown parkway land as
depicted on the attached acquisition plat.
2)That Developer releases the City from any and all claims,demands and causes of
action in any way related to Developer's request to pay the City sums under the Developers'
Agreement in satisfaction of the Developer's parkland and associated park improvement
requirements,and the City's acceptance of the same,in conjunction with the development which
is the subject of the Developer's Agreement dated Apri14,2005 and any and all other obligations
of the City thereunder..
3)Binding Effect.This Agreement and Satisfaction shall inure to the benefit and be
binding both up on the Developer and City as well as their SUCcessorsand assigns.
4)Nothing herein shall be construed to affect the obligations of the Developer
relative to the ongoing obligations or requirements associated with platting or other development
requirements,on this property,or any other.
5)In witness whereof the City,by its Mayor and its seal affixed and attested to by
the City Clerk upon due authorization by the City Council,and by the Developer,by its
authorized representative,do agree to the Agreement and Satisfaction as set forth herein.
ATTEST:.t.I
By:,~J;-e-="o/I:'h.:-"'-c:-"""":'~7":C-:-""""'-'--
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