HomeMy WebLinkAbout2007-07-23-Resolutions 07-144_Copeland Rec and Sports Complex - Parkland Development AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 07-144
RESOLUTION APPROVING AGREEMENTS RELATED TO PARKLAND
DEVELOPMENT
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,on December 16,2002 the City of Waukee and Estella L.Copeland as Trustee of
the Estella L.Copeland Trust and Estella L.Copeland and J.Harry Copeland as Co-Trustees of
the Ralph C.Copeland Trust (collectively referred to as "Copeland Family"),for the purchase of
the following described land:
The Northwest Quarter of the Southeast Quarter (NW '14 SE '14);and the
Southwest Quarter (SW '14)of Section 36,Township 79 North,Range 27 West of
the 5th P.M.,Dallas County,Iowa,together with all of the land south of the
Southwest Quarter of said Section 36 lying adjacent to and North of 300th Street.
WHEREAS,litigation was commenced concerning the enforcement of the option agreement in
the Iowa District Court in and for Dallas County in the case captioned City of Waukee,Iowa vs.
Estella L.Copeland,James T Copeland,J.Harry Copeland,and Sharon K.Dowell,as Trustees
of the Ralph C.Copeland Trust,and Estella L.Copeland as Trustee of the Estella L.Copeland
Trust,in the Iowa District Court in and for Dallas County,Case No.CVCV 033148;and
WHEREAS,the parties have reached a resolution on the issues presented in that case and desire
to resolve the matter in the manner set forth in the attached documents.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee on this
23rd day of July,2007,that the Mayor is hereby authorized to execute the documents attached
hereto as Exhibits A,B and C and the City Attomey is hereby authorized to dismiss with
prejudice the pending litigation upon receipt of the necessary executed documents.
Attest:
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ROLL CALL VOTE AYE NAY ABSENT
Donald L.Bailey,Jr.X
Isaiah McGee X
JeffV.Mertz X
Darlene Stanton X
Mike Watts X
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EXHIBITA
SETTLEMENT AGREEMENT and RELEASE
This Settlement Agreement (the "Agreement"),is entered into between the CITY OF
WAUKEE,IOWA ("City")and ESTELLA L.COPELAND AS TRUSTEE OF THE ESTELLA
L.COPELAND TRUST and ESTELLA L.COPELAND AND J.HARRY COPELAND AS CO-
TRUSTEES OF THE RALPH C.COPELAND TRUST (collectively referred to as
"COPELAND F AMIL Y").The City and Copeland Family are,at times,collectively referred to
in this Agreement as the "Parties."
RECITALS
This Agreement is entered into with reference to the following facts:
A.On or about _~~~_,2006,the City filed its Petition in Equity against the
Copeland Family in the action known as City of Waukee,Iowa vs.Estella L.Copeland,James T.
Copeland,J.Harry Copeland,and Sharon K.Dowell,as Trustees of the Ralph C.Copeland
Trust,and Estella L.Copeland as Trustee of the Estella L.Copeland Trust,in the Iowa District
COUli in and for Dallas County,Case No.CVCV 033148 (the "Action").
B.The Copeland Family filed an Answer to the City's Petition in the Action,
denying some of the City's allegations and causes of action.The Copeland Family also filed a
counterclaim against the City.The City's Petition and the Copeland Family's Answer and
Counterclaims are referred to collectively herein as the "Pleadings."
C.The Parties now wish to resolve all of the issues between the Parties and
contained in the Pleadings.
D.The execution of this Agreement and Release shall not be construed as an
admission of liability,or that legal claims exist or do not exist.Rather,the Parties voluntarily
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execute and enter into this Agreement for the sole purpose of compromise and settlement of all
claims raised in the Action,and to avoid the expense of further litigation.
NOW,THEREFORE,the Parties agree that a settlement of the Action between the
Parties has been reached and for the consideration,promises,representations,warranties and
undertakings hereinafter set forth,the Parties agree as follows:
1.1 Consideration (or Agreement
In consideration of the mutual agreements contained herein,and upon execution of this
Agreement the Parties agree to execute,enter into and be bound by the Amendment to Option
(which is attached hereto,marked Exhibit A-I and by this reference made a part hereof)and the
Restrictive Covenant (which is attached hereto,marked Exhibit B-1 and by this reference made a
part hereof).:
In addition,as part of this settlement,the City and the Copeland Family agree to mutually
dismiss the Action and pay their respective attorneys'fees and bear their respective court costs.
1.2 Representations and Warranties by the Parties
The Parties are entering into this Agreement in reliance on the following representations
and warranties,all of which the Parties ackoowledge to be material:
(a)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 already
been obtained and which are in full force and effect;
(b)Each Party warrants and represents that this Agreement constitutes
its legal,valid and binding obligation and is enforceable in accordance with its terms;and
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(c)Each Party warrants and represents that it has not assigned or
otherwise transferred (voluntarily or involuntarily)in any maimer any claim of any kind relating
to the subj ect matter of this Agreement and that the parties have the authority to execute this
Agreement.
1.3 City's Release
Subject to the execution of this Agreement and in further consideration of the mutual
agreements contained herein,the City will and hereby does release and forever discharge the
Copeland Family,and any and all of their past and present partners,shareholders,officers,
directors,trustees,insurers,attorneys,employees,successors,assigns and assignors,jointly and
severally,from any and all claims (including for costs and attorneys'fees),demands,
controversies,actions,causes of action,obligations,liabilities,appeal rights,and damages in law
or in equity,that the City now holds or has at any time heretofore owned or held or may at any
time own or hold against the Copeland Family by reason of any acts,circumstances,facts,events
or transactions occurring before the date of this Agreement related in any manner to the Action
or Pleadings or the acts,circumstances,facts,events or transactions referenced therein.This
release includes,but is not limited to,any unknown claims,or any unasserted claims existing as
of the date of this Agreement related in any manner to the Action or Pleadings or the acts,
circumstances,facts,events or transactions referenced therein..Nothing herein shall be
construed,nor is intended,to effect the obligations of the respective parties under the Option to
Purchase Land dated December 20,2002,entered into between the parties.as amended by the
tenus of this settlement,the Amendment to Option (Exhibit A-I),the Restrictive Covenant
(Exhibit B-1),or any other agreement mutually executed by the parties.
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1.4 Copeland Family's Release
Subject to the execution of this Agreement and in further consideration of the mutual
agreements contained herein,the Copeland Family will and hereby does release and forever
discharge the City,and any and all of their past and present partners,shareholders,officers,
directors,insurers,attorneys,employees,successors,assigns and assignors,jointly and severally,
from any and all claims (including for costs and attorneys'fees),demands,controversies,
actions,causes of action,obligations,liabilities,appeal rights,and damages in law or in equity,
that the Copeland Family now holds or has at any time heretofore owned or held or may at any
time own or hold against the City by reason of any acts,circumstances,facts,events or
transactions occurring before the date of this Agreement related in any manner to the Action or
Pleadings or the acts,circumstances,facts,events or transactions referenced therein.This
release includes,but is not limited to,any unknown claims,or any unasserted claims existing as
of the date of this Agreement related in any manner to the Action or Pleadings or the acts,
circumstances,facts,events or transactions referenced therein ..PROVIDED HOWEVER THAT
nothing herein shall be construed,nor is intended,to effect the obligations of the respective
parties under the Option to Purchase Land dated December 20,2002,entered into between the
parties,as amended by the tenus of this settlement,the Amendment to Option (Exhibit A-I),the
Restrictive Covenant (Exhibit B-1),or any other agreement mutually executed by the parties.
1.5 Dismissal ofthe Action.
Upon execution of the Agreement,the Parties will instruct their counsel to execute a
stipulation for dismissal with prejudice,and by there signatures hereto hereby direct their
respective attorneys to do the same.The Parties agree that they will bear their own attorney fees
and expenses,and split court costs evenly with respect to the Action.1
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2.COMPLETE AGREEMENT OF PARTIES
This Agreement is the sole,only,entire,and complete agreement of the Parties in the
settlement and resolution of the Action.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 writing,
signed by the obligating parties,No conditions precedent to the effectiveness ofthis Agreement
exist,other than as may be expressly provided herein.All prior discussions and negotiations
have been and are merged and integrated into,and are superseded by,this Agreement.
3.MODIFICATION AND WAIVER
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 pursuantto 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.
4.ADVICE OF COUNSEL
In the execution of this Agreement,and the negotiations leading thereto,each Party was
represented by counsel of its own selection.Prior to the execution of this Agreement by each
Party,the Party's attorney received this Agreement and advised the Party with respect to the
advisability of making the settlement and release provided herein and of executing this
Agreement.Counsel for the Parties have participated in the preparation of this Agreement.This
Agreement was subject to revision and modification by all parties and has been accepted and
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approved as to its final form by counsel for all parties in consultation with their respective
clients.Accordingly,any ambiguity existing in this Agreement shall not be interpreted against
any Party as a result of the manner of the preparation of this Agreement.
5.BENEFIT AND BURDEN
This Agreement shall be binding upon and inure to the benefit of the Parties hereto and
their respective heirs,representatives,successors and permissible assigns.
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6.CAPTIONS
The captions contained herein are included solely for convenience and shall not be
construed as full or accurate descriptions of the terms hereof.
7.MISTAKES OF FACT
Each of the Parties hereto does hereby expressly assume the risk of any mistakes of fact
now known or believed to exist that relate to the matters released and referenced in sections 1.3
and 1.4 hereof and it is the express intention of each of the Parties hereto to forever settle,
adjust and compromise any and all disputes between them pertaining to the matters
released and referenced in sections 1.3 and 1.4 hereof,finally and forever,and without regard to
who mayor may not have been correct in their respective understandings of the facts or the law
relating thereto.
8.EXECUTION IN COUNTERPARTS
This Agreement may be executed in counterparts,all of which,when taken together,shall
constitute one and the same instrument.The Patties hereby agree that the delivery of facsimile
signatures shall be acceptable and shall for all purposes be deemed to have the same force and
effect as original signatures.
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9.ILLEGALITY
Should any provision of this Agreement be held invalid,illegal or unenforceable in any
respect by any court of competent jurisdiction,the remaining provisions of this Agreement shall
remain in full force and effect to the maximum extent permitted by law.To the extent permitted
by law,the Patties hereby to the same extent waive any provision of law that renders any
provision hereof prohibited or unenforceable in any respect.
10.GOVERNINGLAW
This Agreement shall be governed by Iowa law.In relation to any legal action or
proceeding arising out of or in connection with this Agreement,including,without limitation any
proceeding that may be brought in the Action,each of the Parties irrevocably submits to the non-
exclusive jurisdiction of the Iowa District Court in and for Dallas County,Iowa,and other courts
with jurisdiction to hear appeals from such court.
11.ATTORNEYS'FEES
The Parties hereby agree that each will be responsible for their own attorneys'fees and
costs associated with this matter.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF,each Party hereto has executed this Agreement on the dates !indicated below.
Dated:_Dated:_
City of Waukee,Iowa Estella L.Copeland Trust
By:=:-:------=--=-----;-:-;:-------William F.Peard,Mayor Estella L.Copeland,Trustee
ATTEST:Ralph C.Copeland Trust
By:_By:_
Estella L.Copeland,Co-trustee
Jeffrey Kooistra,City
Administrator/Clerk
By:_
J.Harry Copeland,Co-trustee
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EXHIBITB
AMENDMENT TO OPTION (EXHIBIT A-l)
WHEREAS,the City of Waukee (also referred to herein as "City")and Estella L.
Copeland as Trustee of the Estella L.Copeland Trost dated January 4,1991,and Estella L.
Copeland and J.Harry Copeland as Co-Trustees of the Ralph C.Copeland Trost dated January 4,
1991 (also collectively referred to herein as "Trusts")executed an Option to Purchase Land dated
December 20,2002,which granted options to the City of Waukee to purchase certain land under
the terms and conditions set forth in said document;and
WHEREAS,on February 27,2006,the City of Waukee executed its option to buy the
property legally described as the Northwest Quarter of the Southwest Quarter of Section 36,
Township 79 North,Range 27 West ofthe 5th P.M.Dallas County,Iowa;and
WHEREAS,a dispute arose regarding the interpretation of some of the provisions of the
Option to Purchase Land dated December 20,2002,which resulted in litigation captioned City of
Waukee,Iowa vs.Estella L.Copeland,James T.Copeland,J.Harry Copeland,and Sharon K.
Dowell,as Trustees of the Ralph C.Copeland Trust,and Estella L.Copeland as Trustee of the
Estella L.Copeland Trust,in the Iowa District Court in and for Dallas County,Case No.CVCV
033148;and
WHEREAS,the City of Waukee and the Trusts have resolved their differences and
settled the litigation and seek to formalize their agreement by making the necessary amendments
to the Option to Purchase Land dated December 20,2002.
NOW THEREFORE in consideration of the covenants set forth herein and in
consideration for the settlement and dismissal of the pending litigation,and for such other and
further consideration arising by virtue of continuation of the Option to Purchase Land and the
other agreements executed contemporaneously herewith,the parties agree to amend the Option
to Purchase Land dated December 20,2002 as follows:
1.Paragraph 7(d)of the Option to Purchase Land dated December 20,2002,is
hereby stricken and shall be of no further effect and there is hereby substituted in
its place the following:
"7(d)The Real Estate sold by the Sellers (the Trusts)pursuant to this option
shall be subject to the Restrictive Covenant specified in Exhibit 1,which is
attached hereto and incorporated herein by this reference."
2.The parties further agree to amend the Option to Purchase Land dated December
20,2002 by adding to paragraph 7 a new subsection (e)as follows:
"7(e)The City shall install monument signs at each vehicular entrance to the
Copeland sports and recreational complex,identifying the property as the
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'Copeland Recreation and Sports Complex.'The monument signs shall include
brick,stone and/or textured concrete and be of similar in size and appearance to
the monument signs currently located at the entrance to the Winfield development
in Waukee,Iowa.For reference purposes only,pictures of the signs located at the
Winfield development are attached as Exhibit 2 and made a part hereof.The
signs shall be constructed contemporaneous with the construction of the public
driveway access to the Copeland Recreation and Sports Complex.The City shall
have the right to name individual fields,sets of fields,or other sub-areas of the
200 acre Copeland Recreation and Sports Complex at the City's discretion so long
as the names of individual persons or family surnames are not used and so long as
said signage is located on or near the fields,sets of fields,or other sub-areas.
3.The parties further agree that this Option to Purchase Land dated December 20,
2002 and Amendment to Option -hereinafter collectively referred to as the
Agreements)--constitute the entire agreement between the parties pertaining to
the City's acquisition of the land that is the subject of Agreements and that the
Agreements supersede all negotiations,preliminary agreements and all prior and
contemporaneous discussions and undertakings of the parties in connection with
the drafting,formation or other matters preceding,the execution of the
Agreements.Except as otherwise provided herein,no prior agreement,
discussion,understanding,covenant,representation or condition not expressed in
the Agreements or in any amendment hereto shall binding upon the parties hereto
or shall effect or be effective to interpret,change,rescind,restrict or otherwise
modify the specific terms of the Agreements;provided further that no term,
provision or condition of the Agreements may be modified in any respect except
by a writing executed by all parties.No person has any authority to make any
representations or promises on behalf of any of the parties not set forth in the
Agreements This Amendment to Option has not been executed in reliance upon
any representation or promise except those specifically contained in the
Agreements.
4.Exercise of option pursuant to paragraph 2(b)of the Option to Purchase Land
dated December 20,2002,was delayed.The parties agree that the sale of the land
referenced in said paragraph 2(b)shall proceed in accordance with the
Agreements subject to the provision that the closing date of the sale of the land
referenced in said paragraph 2(b)shall be December 31,2007,or as soon as
reasonably practicable after the 2007 crops have been harvested from said
northwesterly most 40 acres,whichever first occurs.The parties specifically
agree that the options to purchase the land referenced in paragraph 2(c),paragraph
2(d)and paragraph 2(e)of the Option to Purchase Land dated December 20,2002
remain in effect and that the exercise of said options shall be strictly in
accordance with the terms of the Agreements and the fact that the exercise of the
option pursuant to paragraph 2(b)of the Option to Purchase Land dated December
20,2002,was delayed does not,in any way,alter,amend or modify the
methodology,procedure or manner of the exercise of the options to purchase the
land referenced in paragraph 2(c),paragraph 2(d)and paragraph 2(e)of the
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Option to Purchase Land dated December 20,2002,except as otherwise provided
for in this Amendment to Option.
IN WITNESS WHEREOF,each Party hereto has executed this Agreement on the dates
indicated below.
Dated:_Dated:_
City of Waukee,Iowa Estella L.Copeland Trust
By:----ccc-----c--------William F.Peard,Mayor Estella L.Copeland,Trustee
ATTEST:Ralph C.Copeland Trust
By:--------------
Jeffrey Kooistra,City
Administrator/Clerk
By:-----,---,---c-,---------
Estella L.Copeland,Co-trustee
By:--------------
J.Harry Copeland,Co-trustee
STATE OF IOWA
:SS
COUNTY OF DALLAS
On this day of ,2007,before me,the undersigned,a
Notary Public in and for the State of Iowa,personally appeared William F.Peard and Jeffrey
Kooistra,to me personally known,who,being by me duly sworn,did say that they are the Mayor
and City Administrator/Clerk,respectively,of the City of Waukee,Iowa;that the seal affixed to
the foregoing instrument is the corporate seal of the corporation,and that the instrument was
signed and sealed on behalf of the corporation by authority of its City Council as contained in
Resolution No.07-passed by the City Council on the day of ,2007,
and that MayOT and City Clerk,as such officers,acknowledge the execution of said instrument to
be the voluntary act and deed of the City of Waukee,by them voluntarily executed.
Notary Public in and for the State ofIowa
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STATE OF IOWA
:SS
COUNTY OF DALLAS
This instrument was acknowledged before me on the day of=----::----=-----=,-------=-_
2007,by Estella L.Copeland as Trustee ofthe Estella L.Copeland Trust and Estella L.Copeland
and J.Harry Copeland as Co-Trustees ofthe Ralph C.Copeland Trust,
Notary Public in and for the State of Iowa
I
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EXHIBITC
RESTRICTIVE COVENANT (EXHffiIT B-l)
RE:The Northwest Quarter of the Southeast Quarter (NW Y.SE Y.)and the Southwest
Quarter (SW Y.)of Section 36 Township 79 North,range 27 West of the 5th P.M.,Dallas
County,Iowa,together with all of the land south of the Southwest Quarter of said Section
36 lying adjacent to and north of300th Street (hereinafter the "Real Estate").
WHEREAS the undersigned are the titleholders of parts of the above described Real
Estate and collectively own the whole of the above described Real Estate;and
WHEREAS part of said Real Estate has been sold by the Estella L.Copeland as Trustee
of the Estella L.Copeland Trust dated January 4,1991,and Estella L.Copeland and J.Harry
Copeland as Co-Trustees of the Ralph C.Copeland Trust dated January 4,1991 (also collectively
referred to herein as "Trusts")to the City of Waukee (herein also referred to as "City)pursuant
to one certain Option to Purchase Land dated December 20,2002 (and recorded in Book 2002
Page 19234 of the Dallas County Recorder's Office)";and
WHEREAS the City has the option to purchase from the Trusts the remaining parts of
said Real Estate;and
WHEREAS a dispute arose between the parties regarding the City's future use of said
Real Estate and the parties have resolved said dispute and as condition of said resolution have
agreed to encumber the above described real estate with this Restrictive Covenant subject to the
terms and provisions hereof.
NOW THEREFORE,for good and valuable consideration the parties agree as follows:
1.Except as hereinafter expressly provided,for the portion of the Real Estate owned
by the City or its successors in interest during the term of this Restrictive Covenant,said Real
Estate shall be exclusively developed and used for recreational and sports facilities and activities
including but not limited to baseball fields,softball fields,soccer fields,football fields,tennis
courts,volleyball courts,batting cages,horseshoe pits,green spaces,concession stands,
walkinglj ogging paths and such other recreational and sports activities that are deemed desirable
and beneficial to the interests of the citizens of the City of Waukee by its City Council.Pending
completion of such development,the City shall have the option of leasing the Real Estate it owns
for agricultural purposes for a fair and reasonable rental value and the Trusts shall be given the
first option to so lease same from the City.If the City chooses to lease the Real Estate for
agricultural purposes pending completion of development,it shall notify the Trusts in writing of
the proposed lease terms and the Trusts shall,within thirty (30)days of service of said notice,
advise the City in writing whether they will lease the Real Estate in accordance with the terms
1 The portion of the above described real estate that is currently owned by the City of Waukee is described as the
Southwest Quarter of the Southwest Quarter (SW Y.SW Y.)of Section 36,Township 79 North,Range 27 West of
the 5th P.M.in Dallas County,Iowa.The City holds options to purchase the balance of the real estate from the
Trusts.
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proposed by the City.If the Trusts fail to timely respond,then the Trusts will be deemed to have
waived their option to lease and the City may lease the Real Estate to such other persons or
entities as it chooses on the same terms as offered to the Trusts;provided that if other or
different terms are offered to a third party by the City,then the City shall notify the Trusts of
such other and different terms and the Trusts will have the first option to lease the Real Estate for
such other and different terms in accordance with the procedure outlined above.All notices shall
be sent by certified mail restricted delivery to the last known address of the parties and shall be
deemed served on the day of mailing.This restrictive covenant does not limit or restrict
construction and installation of infrastructure on the Real Estate as is necessary to permit such
recreational facilities and sports activities to be developed and used (including but not limited to,
construction of water lines,storm water facility,detention/retention ponds or lakes,construction
of sewage and waste disposal systems,parking,storage facilities for the equipment used to
maintain the recreational and sports facilities constructed on the property,and construction of
any roads/streets,including appurtenant structures/infrastructure for the foregoing).It does
however prevent the Real Estate from being used for other public uses,(with the exception of a
water tower and appurtenant structures as provided in paragraph 3),not related to recreational
and sports activities (such as airports,public works storage buildings,municipal city hall,fire
station,sewage treatment plants and primary law enforcement centers).
2.The City shall install monument signs at each vehicular entrance to the Real
Estate,identifying the property as the 'Copeland Recreation and Sports Complex.'The
monument signs shall include brick,stone and/or textured concrete and be of similar in size and
appearance to the monument signs currently located at the entrance to the Winfield development
in Waukee,Iowa.For reference purposes only,pictures of the signs located at the Winfield
development are attached as Exhibit 1 and made a part hereof.The signs shall be installed
contemporaneous with the construction of the public driveway access to the Copeland Recreation
and Sports Complex.'
3.The City may also construct a water tower and appurtenant structures on up to
five acres of the Real Estate but the City may not construct a water treatment plant or a water
holding facility similar to the one currently located north of Overhead Door on Highway 6.
4.For the period of time during the option period that the Trusts own parts of the
Real Estate,the parts so owned by the Trusts shall be used for agricultural purposes only;
provided that if the City fails to exercise its options to purchase additional parts of the Real
Estate (as provided for by the Option to Purchase Land dated December 20,2002 ,and recorded
in Book 2002 Page 19234 of the Dallas County Recorder's Office and the Amendment to Option
executed contemporaneously herewith),then this Restrictive Covenant is not effective as to the
parts of the Real Estate not acquired by the City and the Trusts are free to sell same to whomever
they choose and to use same for agricultural purposes or in such other manner as applicable
zoning laws allow.
5.This Restrictive Covenant is for the benefit of the citizens of the City of Waukee
and shall run with the land until July 1,2037;whereupon this Restrictive Covenant shall
terminate and expire unless extended by the City Council ofthe City of Waukee.
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City of Waukee,Iowa Estella L.Copeland Trust
By:-cccc------------William F.Peard,Mayor By:_~--___,-------
Estella L.Copeland,Trustee
ATTEST:Ralph C.Copeland Trust
By:--:cc------c-------c----c----c-----c-------,Jeffrey Kooistra,City Administrator/Clerk By:----,,----cc----c-----c------Estella L.Copeland,Co-trustee
By:_
J.Harry Copeland,Co-trustee
STATE OF IOWA
:SS
COUNTY OF DALLAS
On this day of ,2007,before me,the undersigned,a
Notary Public in and for the State of Iowa,personally appeared William F.Peard and Jeffrey
Kooistra,to me personally known,who,being by me duly sworn,did say that they are the Mayor
and City Administrator/Clerk,respectively,of the City of Waukee,Iowa;that the seal affixed to
the foregoing instrument is the corporate seal of the corporation,and that the instrument was
signed and sealed on behalf of the corporation by authority of its City Council as contained in
Resolution No.07-passed by the City Council on the day of ,2007,
and that Mayor and City Clerk,as such officers,acknowledge the execution of said instrument to
be the voluntary act and deed of the City of Waukee,by them voluntarily executed.
Notary Public in and for the State ofIowa
STATE OF IOWA
:SS
COUNTY OF DALLAS
This instrument was acknowledged before me on the day of -----,,--------,---_
2007,by Estella L.Copeland as Trustee of the Estella L.Copeland Trust and Estella L.Copeland
and J.Harry Copeland as Co-Trustees of the Ralph C.Copeland Trust.
Notary Public in and for the State ofIowa
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