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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 X X X X X 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 1 ...·.."i·, ] 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-:-""""'-'-- 2