HomeMy WebLinkAbout2022-05-16 I07 Indi Run Development Agr AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: May 16, 2022
AGENDA ITEM: Consideration of approval of a resolution approving a Development
Agreement with Indi Run West, LLC (Indi Run)
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: Indi Run is a proposed development located east of
NW 2nd Street and north of Hickman Road. The developer proposes to
improve the property for primarily for a single-family residential
subdivision.
The City Attorney has prepared a development agreement, which defines
the obligations of both the City and developer related to the development
of the property. The agreement includes provisions related to
reimbursement of the relocation of handholes within a joint utility trench
as well as the City’s responsibility to construct a culvert for the creek
crossing of NW Sunrise Drive.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Staff would recommend approval of the development
agreement.
RECOMMENDATION: Approve the resolution
ATTACHMENTS: I. Proposed Resolution
II. Development Agreement
PREPARED BY: Andy Kass, Community Development Director
REVIEWED BY:
I7
THE CITY OF WAUKEE, IOWA
RESOLUTION 2022-
APPROVING DEVELOPER’S AGREEMENT FOR INDI RUN
[INDI RUN WEST, LLC]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal
Organization; AND,
WHEREAS, the City Council has previously approved the rezoning of a property to be known as Ind
Run Plat 4 (Ordinance 3025) located east of NW 2nd Street and north of Hickman Road; AND,
WHEREAS, the City has been in discussion with the developer, Indi Run West, LLC, regarding certain
obligations of both the City and the developer related to public improvements and requirements of the
subdivision; AND,
WHEREAS, the discussions have resulted in a development agreement that the City Staff believes are in
the best interest of the City to approve.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa, that the
Developer’s Agreement with Indi Run West, LLC, is hereby approved.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute any and all documents to
effectuate the development agreement, and that the City Clerk shall cause the originals of the agreement
to be recorded upon the properties by submitting the original to the Dallas County Recorder with the
appropriate recording fees.
Passed by the City Council of the City of Waukee, Iowa, and approved this the 16th day of May,
2022.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman Pierce
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair
1
Prepared by: Steven P. Brick, Brick Gentry P.C., 6701 Westown Parkway, Ste 100, West Des Moines, IA 50266 (515) 274-1450
Return to: City Clerk, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 (515) 987-4522
DEVELOPER'S AGREEMENT
This DEVELOPER’S AGREEMENT (hereinafter referred to as “Agreement”), entered
into between the CITY OF WAUKEE, an Iowa municipal corporation (hereinafter referred to
as "City"), and INDI RUN WEST, LLC, an Iowa limited liability company (hereinafter referred
to as "Developer"); (The City and Developer may also be collectively referred to as “Parties”).
WHEREAS, the City is a municipal Corporation, duly formed and existing pursuant to
Iowa law; and
WHEREAS, Developer is the owner of land legally described on Exhibit A (hereinafter
referred to as “Property”) which is undeveloped ground situated east of NW 2nd Street; and
WHEREAS, Developer seeks to develop and plat the Property in phases identified in
the phasing plan attached as Exhibit B and acknowledges its responsibility to undertake and
complete certain public improvements throughout and adjacent to the Property as part of its
development, including, but not limited to, the extension of NW Sunrise Drive through the
Property as generally depicted on Exhibit A. In addition, as part of development, Developer has
proposed to construct a street (NW Shorthair Street) in Phase 1 which connects to NW
2nd Street at the location of existing joint utility trench handholds (“Handholds”) which will
need to be relocated in order to accommodate Developer’s request; and
WHEREAS, the City is planning to undertake to install a drainage culvert (“Culvert”)
to improve and accommodate a drainage way within future right of way to be known as NW
Sunrise Drive within the Property and Developer will receive some benefit from the City’s
undertaking; and
WHEREAS, the public improvement obligations of Developer that the Parties seek to
address at this time are: temporary construction easement and project coordination to allow the
city’s construction of the Culvert, and the relocation of the Handholds; and
WHEREAS, the Parties desire to enter into an agreement setting forth the respective
obligations of the Parties.
2
In consideration of the mutual promises as more particularly set forth herein, sufficiency
of which is hereby acknowledged, the Parties agree as follows:
1. Developer Reimbursement to the City. Developer has proposed to construct a street (NW
Shorthair Street) in phase 1 of its development which connects to NW 2nd Street at the
location of existing joint utility trench handholds (“Handholds”) which will need to be
relocated to accommodate Developer’s requested access point for that street. The City
has received the quote attached as Exhibit C for the work that needs to be done to
accommodate the construction of the intersection of NW Shorthair Street and NW 2nd
Street at that location. Developer agrees to reimburse the City for said expense and shall
remit payment unto the City in said amount upon submitting the final plat, of all or part
of the Property in Phase 1, to the City for approval. Developer’s obligation shall
constitute a lien on its property legally described as set forth on Exhibit “A” until it
satisfies it obligations to the City for payment hereunder and it is released by the City.
2. Creek Crossing. Developer acknowledges that NW Sunrise Drive across the
drainage way, in the area generally shown within the NW Sunrise Drive ROW on the
east side of Exhibit A, must be constructed to provide adequate street and
pedestrian connectivity between the neighborhoods on both sides of the
drainage way, and the Parties acknowledge and agree that the construction of a
Culvert structure will be necessary for the crossing. Unless delayed due to
circumstances out of the City’s control, including but not limited to weather, USACE
permitting, and supply shortages, the City shall complete construction of that
Culvert, including all associated grading, outlet channel protection, backfill and any
necessary restoration, at its sole cost and expense before December 31, 2023.
Developer agrees to provide all temporary construction and permanent
easements necessary to complete the construction of the Culvert structure by the
City. Developer further understands and agrees that it is responsible for the
construction of NW Sunrise Drive, including but not limited to grading and associated
infrastructure, in connection with the development of the Property.
3. This constitutes an agreement pertaining to the Culvert structure and Handhold
relocation reimbursement specifically identified herein only, and is not intended to
address, alter, or otherwise effect other obligations of Developer as part of its
Development of its Property, which will be addressed further as part of the platting of
the Property.
4. Binding Effect. This Agreement shall inure to the benefit of and be binding upon all
Parties their successors and interests or assigns, if any. This Agreement is intended by
the Parties to provide for the entire agreement between the Parties and is limited in scope
to matters expressly provided herein.
5. Enforcement. Should it become necessary for either party to enforce this agreement, the
defaulting party shall be responsible for any and all attorney’s fees and expenses
incurred by the other party in pursuit of enforcement of this Agreement.
3
6. Jurisdiction. The Parties agree that this Agreement and amendments hereto, if any, shall
be governed by the laws of the State of Iowa. The Parties consent and agree that the
proper venue and jurisdiction relative to the enforcement of the terms, conditions and
provisions of this Agreement and amendments hereto, if any, is the Iowa District Court
in and for Dallas County, Iowa.
Dated: , 2022
CITY OF WAUKEE, IOWA
By Courtney Clark, Mayor
By Rebecca Schuett, City Clerk
(City Seal)
STATE OF IOWA )
) ss.
COUNTY OF DALLAS )
On this _____ day of _________________, 2022, before me the undersigned, a Notary Public
in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D. Schuett, to me
personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Waukee, Iowa; that the instrument was signed and sealed on behalf of
the City by authority of its City Council, as contained in Resolution No. ______ passed by the City
Council on the _____ day of ______________, 2022, and that Courtney Clarke and Rebecca D.
Schuett, as such officers, acknowledged the execution of the instrument to be the voluntary act and
deed of the City, by it and by them voluntarily executed.
_________________________________
Notary Public in and for the State of Iowa
My Commission expires
4
Dated: , 2022
INDI RUN WEST, LLC,
By:
Print Name:
Title:
STATE OF IOWA )
) ss.
COUNTY OF )
On this day of _ , 2022, before me, a Notary Public in and for
said county, personally appeared , to me personally known, who being by me duly
(sworn or affirmed) did say that he is a of said limited liability company,
that said instrument was signed on behalf of the said limited liability company; and, that
said , as such , acknowledged the execution of said instrument
to be the voluntary act and deed of said limited partnership, by it and by him voluntarily
executed.
______________________________________
Notary Public in and for the State of Iowa
My Commission expires
CIVIL DESIGN ADVANTAGE
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INDI RUN PLAT 4
ENGINEER:TECH:
REVISIONSDATE
WAUKEE, IOWA
8
FIRST SUBMITTAL12/21/2021
PHONE: (515) 369-4400
4121 NW URBANDALE DRIVE
URBANDALE, IOWA 50322
SECOND SUBMITTAL02/15/2022
THIRD SUBMITTAL03/15/2022
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INDI RUN PLAT 4
ENGINEER:TECH:
REVISIONS DATE
WAUKEE, IOWA
8
FIRST SUBMITTAL 12/21/2021
PHONE: (515) 369-4400
4121 NW URBANDALE DRIVE
URBANDALE, IOWA 50322
SECOND SUBMITTAL 02/15/2022
THIRD SUBMITTAL 03/15/2022
P
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EXHIBIT B
CHANGE ORDER
Customer:Date:
Attention:Job No.20-Q144 Change Order No.
Address:Job Name:
City State:Location:
Phone:Employee Name:
Ordered by:Elder Approval:
Date Equipment/Labor Hours Unit Price Amount
4/20/22 Abaci 1.00 350.00
Iowa Signal 1.00 12,530.00 Handhole & Conduit Lowering
10% Contractor Markup 1.00 1,288.00
-
-
-
-
-
-
- Purchase Order Numbers:
-
-
-
-
- Material Description Units Unit Price Amount
-
-
-
-
-
-
-
-
-
-
-
-
3.00 Total Material
I find the time and material charged above satisfactory and Work CompletedYes No
agree to pay for same.
Total
Customer Approval
14,168.00$
Materials
Waukee, IA
City of Waukee
NW 2nd St.
April 20, 2022
14,168.00$
-$
Description Of Work
Other Charges
Total Equipment & Labor
5088 E. University Ave. Des Moines, IA 50327
515-266-3111 Fax 515-265-4565
Nick Tometich Date: 2022.04.20
08:41:14-05'00'
EXHIBIT C
Iowa Signal Inc.
3711 SE Capitol Cir.
Grimes, IA 50111
April 15, 2022
NW 2nd St.
Remove HH and lower conduit
NW 2nd St. Construction
Waukee, IA
19W020.01
Phone Number: 515-249-3151
Email Address: ron@iowasignal.com
Description Units Quantity Unit Price Extension
2" Conduit Remove and Reinstall LF 300 3.50 1,050.00
4" Conduit Remove and Reinstall LF 150 4.50 675.00
2" Conduit New LF 100 2.50 250.00
4" Conduit New LF 50 4.50 225.00
Mini HR 24 125.00 3,000.00
Rock Ton 2 45.00 90.00
Man sand Ton 12 45.00 540.00
Mob LS 1 1,000.00 1,000.00
HH remove EA 6 250.00 1,500.00
HH set EA 6 700.00 4,200.00
Total 12,530.00
Wayne Lesley
515 249 5076
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