HomeMy WebLinkAbout2007-08-20-Resolutions 07-172_Ashworth Properties - Supplemental Agr and SatisfactionTHE CITY OF WAUKEE,IOWA
RESOLUTION 07-172
APPROVING A SUPPLEMENTAL AGREEMENT AND SATISFACTION
BETWEEN THE CITY OF WAUKEE,IOWA,AND ASHWORTH PROPERTIES,
INC.
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Iowa is a duly organized municipality within Dallas
County;AND,
WHEREAS,on January 18,2000,a Preannexation Agreement was entered into between
the City of Waukee,Ashworth Properties,Inc.,and KC Real Estate,LLC which
contained certain agreements between the City and those patties as it pertained to the
annexation of the Ashworth Property (Resolution #00-194);AND,
WHEREAS,a Supplemental Agreement and Satisfaction,a copy of which is attached
hereto and made part of this resolution,has been submitted by Ashworth Properties,Inc.,
and reviewed by City staff and the City Attorney;
NOW THEREFORE BE IT RESOLVED that the City Conncil of Waukee,Iowa,in
session this 20th day of August,2007,does hereby approve the Supplemental Agreement
and Satisfaction between the City of Waukee,Iowa,and Ashworth Properties,Inc.
C~4-Ifarlene Stanton;ayor Pro Tern
Attest:
ROLL CALL VOTE
Donald L.Bailey,Jr.
Isaiah McGee
Jeff Mertz
Darlene Stanton
Mike Watts
AYE
X
NAY ABSENT
X
X
X
X
)
SUPPLEMENTAL AGREEMENT AND SATISFACTION
This Agreement is entered into by and between the City of Waukee,Iowa,a municipal
corporation (hereinafter referred to as the "City")and Ashworth Properties Inc.,an Iowa
corporation (hereinafter referred to as "Ashworth")as follows:
RECITALS
Whereas Ashworth is the owner of record of that property described in the attached
Exhibit A which is located in the vicinity of Ashworth Road (320'h Street),Vermillion Court and
Interstate 80 at the southern boundary of the City of Waukee (hereinafter referred to as the
"Ashworth Property");and
Whereas a Pre-annexation Agreement was entered into between the City,Ashworth and
KC Real Estate,LLC which contained certain agreements between the City and those parties as
it pertained to the annexation of the Ashworth Property,approved by the City on January 18,
2000;and
Whereas Ashworth,the owner of the Ashworth Property,does not have any current plans
for the development of the property which is currently in an urban renewal area and in
furtherance of the Pre-Annexation Agreement the parties entered into a Developer's Agreement
titled the Ashworth Properties,Inc.Development Agreement on or about December 26,2000;
and
Whereas public improvements have not yet been installed;the property owner does not
have any immediate plans for development of the property;and it is deemed by all parties that
the Ashworth Properties,Inc,Development Agreement be considered null and void;and
NOW THEREFORE,it is understood and agreed between the parties as follows:
1,The outstanding obligations of the City provided in the Pre-Annexation
Agreement executed by the City,Ashworth Properties,Inc.,and KC Real Estate,LLC be
considered terminated and have no further effect as to the tax increment payments as to
Ashworth properties,Inc,its successors and assigns,
2.The remaining obligations of the City under the pre-annexation agreement
approved by the City on January 18,2000 between the City,Ashworth Properties,Inc and KC
Real Estate,LLC have been satisfied as they pertain to the Ashworth Property thereunder.
3.The agreement between the City and Ashworth Properties,Inc,titled the
Ashworth Properties,Inc.Development Agreement executed by the parties on December 26,
2000 is terminated by mutual agreement of the parties and the City has no further obligation
thereunder,
4,That in consideration of this agreement and the annexation of the Ashworth
Property by Ashworth Properties,Inc,tax incentives for the Ashworth property will be
considered by the City based upon the facts and circumstances that exist at the time the property
owners proposes to develop the property.I
j
5.The Ashworth property will be considered for rezoning,upon the application of
the property owner,to commercial/office/business park,or otherwise,in a manner consistent
with the comprehensive plan of the City.As part of the comp plan process,the City shall
consider this obligation as it pertains to the Ashworth property unless the parties otherwise agree.
6.Ashworth Properties,Inc represents that it continues to be the sole owner of the
Ashworth property and that it has fnll authority to satisfy the obligations of the City under the
Pre Annexation Agreement dated January 18,2000 as they pertain to the Ashworth Property
thereunder and to terminate the Ashworth Properties,Inc,Development Agreement dated
December 26,2000 and that it has not pledged,assigned or otherwise pledged or conveyed its
interests under said agreements to any other parties.
CITY OF WAUKEE,IOWA ASHWORTH PROPERTIES,INC.
By:-,--_
William Peard,Mayor
By:
Attest:
j<!rerardD.Neugent,President
!
Date:--=.8-1-1 '-t-I_b '-1__j
By:.:-::::--=---,-_=-----,--:--;--,-_---:-::::---:--Jeffrey Kooistra,City Administrator/Clerk
Date:_
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