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Home My WebLink About2023-03-06 I01B Development Agreement_Northpointe Development II CorpAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: March 6, 2023 AGENDA ITEM:Resolution Authorizing and Executing a Development Agreement with Northpointe Development II Corporation for Affordable Housing Project FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The City selected Northpointe Development II Corporation’s proposal to develop 64 affordable housing units on 6.44 acres near Douglas Parkway and North Warrior Ln. The negotiated development agreement lays out all of the requirements for the City and for the developer. In the event that the developer does not receive low-income housing tax credits, this agreement is null and void. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: No direct fiscal impact. Unless otherwise stated, all direct costs are borne by the developer. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Staff recommends approval ATTACHMENTS: I. Proposed Resolution II. Development Agreement PREPARED BY: Nick Osborne REVIEWED BY: Nick Osborne PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1B THE CITY OF WAUKEE, IOWA RESOLUTION 2023- RESOLUTION AUTHORIZING AND EXECUTING A DEVELOPMENT AGREEMENT WITH NORTHPOINTE DEVELOPMENT II CORPORATION FOR AFFORDABLE HOUSING PROJECT 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, the City of Waukee has chosen Northpointe Development II Corporation’s proposal to develop 64 affordable housing units on 6.44 acres of land near Douglas Parkway and North Warrior Lane; AND, WHEREAS, the City has been in discussions with the developer, Northpointe Development II Corporation, regarding certain obligations of both the City and the developer related to public improvements, affordability standards, and requirements of the subdivision; AND, WHEREAS, the discussions have resulted in a development agreement that City Staff believes are in the best interest of the City to approve. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 6th day of March, 2023, that the Developer’s Agreement with Northpointe Development II Corporation is hereby approved. BE IT FURTHER RESOLVED that the Mayor is authorized to execute any and all documents to effectuate the development agreement. ____________________________ 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 48759240 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (this "Agreement") is entered into effective as of the ______ day of , 2023 ("Effective Date") by CITY OF WAUKEE, IOWA (the "City"), a municipal corporation duly organized under the laws of the State of Iowa, and NORTHPOINTE DEVELOPMENT II CORPORATION (“DEVELOPER”), a corporation duly formed and existing pursuant to the laws of the State of Wisconsin (each, a “Party” and together, the City and the Developer are referred to as the "Parties"). RECITALS A.The City is a municipal corporation duly organized under the laws of the State of Iowa. B.The Developer is a corporation duly formed and existing pursuant to laws of the State of Wisconsin, and authorized to do business in the State of Iowa. C.The City is the owner of certain real property legally described on Exhibit A attached hereto (“City Property”) and desires to have a portion of the City Property developed with affordable housing as described in its Request For Proposals (“RFP”) dated _____________. D.The Developer’s Proposal was selected by the City of Waukee, Iowa, in response to the RFP, and Developer proposed to apply for a 9% Low Income Housing Tax Credit application with the Iowa Housing Finance Agency (“IFA”) in April, 2023 for Phase I identified in said proposal (the “Tax Credit Transaction”). E.Developer’s Proposal also included a Phase II Development; however, it is the intent of the parties that Phase II of Developer’s Proposal will be addressed in a separate Developer’s Agreement. F. The Developer has proposed undertaking Phase I of its RFP on that portion of the City Property to be described as Lot 2 of Prairie Rose Plat 2 preliminarily depicted on Exhibit A attached hereto (“Development Property”). G.The City has agreed to sell the Development Property to Developer for $1.00, contingent upon approval of a 9% tax credit allocation from IFA and fulfilment of certain conditions by Developer, the terms and conditions of which will be more particularly established in an option agreement. The terms of said option agreement (the “Option Agreement”) are subject to approval by separate City Council action. 2 48759240 NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements contained in this Agreement and other good and valuable mutual consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows: ARTICLE I DEFINITIONS AND RULES OF CONSTRUCTION Section 1.01 Definitions. In addition to those capitalized terms defined elsewhere in this Agreement, the following terms shall have the following meanings as used in this Agreement: “Affordable” means housing for rent to persons with an income below sixty percent (60%) of the area median income in accordance with the Low-Income Housing Tax Credit program requirements. Area median income will be based on current income guidelines published annually by the Department of Housing and Urban Development. “Affordable Housing Requirement” means a minimum of 64 housing units, or as otherwise agreed between the City and Developer, will be affordable and available for rent, pursuant to this agreement. The City will reasonably consider amending this Agreement to provide a lower number of housing units if Developer provides, before the submission of the LIHTC application due in April, 2023, the City with a reasonable explanation of the reason for a lower number of housing units. In the event that the Developer requests an amendment to lower the number of housing units, and such an amendment is not approved before the LIHTC application due in April, 2023, then, at the Developer’s option, the Developer may terminate this Agreement or move forward with 64 housing units. The Affordable Housing Requirement is in furtherance of the City’s objective to provide Affordable housing and promote a diverse neighborhood as an integral part of the Project. "Agreement" means this Development Agreement, entered by the City and the Developer. "Applicable Laws" means all then applicable statutes, laws, rules, regulations, ordinances, decrees, writs, judgments, orders and administrative and judicial opinions enacted, promulgated and/or issued by any federal, state, county, municipal or local governmental, quasi- governmental, administrative or judicial authority, body, agency, bureau, department or tribunal. "City" means the City of Waukee, Iowa, a municipal corporation duly organized under the laws of the State of Iowa, and its successors and assigns and any surviving, resulting or transferee entity. “City Code” means the zoning and building codes and ordinances of the City applicable to the Project. "City Council" means the City Council of the City. “Concept Plan” means the preliminary development concept plan, inclusive of site design and Affordable Housing Requirements, to be submitted for approval by Staff and City Council 3 48759240 prior to submittal to IFA as part of the LIHTC application due in April 2023. The Concept Plan for the purpose of this agreement is to be based upon Phase I of the initial RFP submittal approved by the City Council. Cure Period" means a period of ninety (90) days after written notice is given by a non- defaulting party to the defaulting party of an Event of Default, as defined in Article IX of this Agreement, during which time the defaulting party may cure any such Event of Default provided such defaulting party is pursuing such cure in good faith and with due diligence. "Development Team" means the Developer, personnel from Developer's members and qualified third-party consultants selected in accordance with this Agreement with expertise in the design, architecture, engineering, and development of affordable housing projects similar to the Project and as may be needed from time to time for the Developer to meet its obligations under this Agreement. "Force Majeure Conditions" means a condition by reason of which the construction of the Project Improvements or completion of all or any of the Project is delayed, prevented or materially impeded through no fault of the Developer, due to acts of God, prohibitive or seasonal weather conditions, strikes, lockouts, labor troubles, inability to procure materials, failure of power, extreme and extraordinary governmental delay, riots or other events or circumstances beyond such Party's control; provided, however that the Developer has given written notice to the City of the existence of the condition reasonably promptly after first becoming aware of the condition. "Hazardous Substances" means dangerous, toxic or hazardous pollutants, contaminants, chemicals, waste, materials or substances as defined by federal, state or local law, regulation or ruling and also any urea formaldehyde, polychlorinated biphenyls, asbestos, asbestos-containing materials, nuclear fuel or waste, radioactive materials, explosives, carcinogens and petroleum products, or any other waste, material, substance, pollutant, or contaminant which would subject the owner or mortgagee or any holder to any damages, penalties or liabilities under any applicable federal, state or local law, regulation or ruling. “Infrastructure” means the surface and subsurface improvements constructed and installed within, upon and beneath the Development Property to service the Project Improvements. “Iowa Housing Finance Agency” or “IFA” means the State Housing Agency that administers the Low-Income Housing Tax Credit (LIHTC) program for the State of Iowa. “Low-Income Housing Tax Credits” or LIHTC means those low-income housing tax credits approved and issued by IFA as allocated annually to the State by the Internal Revenue Service of the United States of America. “Pre-Construction Activities” mean the activities of the Developer set forth in Article V hereof. 4 48759240 "Project" means the development of no less than sixty-four (64) units of affordable, mixed income rental housing, to be completed in accordance with this Agreement and the Concept Plan for Phase I. "Project Completion Date" means the date on which the Developer substantially completes the Phase I Project in accordance with this Agreement and the Concept Plan. "Project Improvements" means the improvements to be constructed by the Developer on the Development Property in accordance with this Agreement, the Concept Plan, and approved site plan. "State" means the State of Iowa. "Transaction Document" or "Transaction Documents" means this Agreement, the Option Agreement, and any other document related to the Project. Section 1.02 Other Terms. Words and phrases that are not capitalized shall be given their plain and ordinary meaning. Section 1.03 Headings. The headings and captions of this Agreement are for convenience and reference only, and in no way define, limit or describe the scope or intent of this Agreement or any provision of this Agreement. Section 1.04 Accounting Terms. Accounting terms used in this Agreement and not otherwise specifically defined shall have the meaning ascribed such terms by generally accepted accounting principles as from time to time in effect. Section 1.05 Rules of Construction. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Unless the context shall otherwise indicate, the words importing the singular shall include the plural and vice versa, and words importing person shall include entities, associations and corporations, including public bodies, as well as natural persons. Section 1.06 Conflicting Provisions. In the event of any conflict between the terms of this Agreement and the Concept Plan, the terms of this Agreement shall prevail. ARTICLE II REPRESENTATION, WARRANTIES AND COVENANTS Section 2.01 Representations, Warranties and Covenants of the Developer. The Developer represents, warrants and covenants that: (a)The Developer is a for profit corporation duly created and existing, and in good standing under the laws of the State of Wisconsin, and is authorized to do business in the State of Iowa. 5 48759240 (b)The Developer has full power and authority to enter into this Agreement and to carry out its obligations under this Agreement, and, by proper actions of its members has been duly authorized to execute and deliver this Agreement. (c)This Agreement will be the valid and binding obligation of Developer, enforceable against the Developer in accordance with its terms. (d)Neither the execution and delivery of this Agreement, nor the fulfillment of or compliance with the terms and conditions of this Agreement, nor the consummation of the transactions contemplated by this Agreement, conflicts with or results in a breach of the terms, conditions or provisions of any restriction or any agreement or instrument to which the Developer is now a party or by which the Developer is bound. (e)There is no litigation or other proceedings pending or threatened against the Developer or any other person affecting the right of the Developer to execute or deliver this Agreement or the ability of the Developer to comply with its obligations under this Agreement. (f)The Developer represents, warrants and covenants that Developer has the financial capacity to finance, develop and operate the Project. (g)The Developer entity agrees to work exclusively with the City of Waukee on the April 2023 LIHTC application round and will not submit any other LIHTC applications to IFA in this round. (h)Developer, and Developer’s agents, contractors, officers, successors and assigns and shall comply with all federal laws affecting the Development Property and its development, including, if applicable, the wage requirements of the Davis Bacon Act. Section 2.02 Representations, Warranties and Covenants of the City. The City represents, warrants and covenants that: (a)The City is a municipal corporation duly organized under the laws of the State of Iowa and has power to enter into this Agreement. The City Council has duly authorized the negotiation and delivery of this Agreement. (b)This Agreement will be the valid and binding obligation of the City, enforceable against the City in accordance with its terms. (c)Neither the execution and delivery of this Agreement, nor the fulfillment of or compliance with the terms and conditions of this Agreement, nor the consummation of the transactions contemplated by this Agreement, conflicts with or results in a breach of the terms, conditions or provisions of any restriction or any agreement or instrument to which the City is now a party or by which the City is bound. (d)There is no litigation or other proceedings pending or threatened against the City or any other person affecting the right of the City to execute or deliver this Agreement or the ability of the City to comply with its obligations under this Agreement. 6 48759240 (e)No councilperson of the City Council or any other officer of the City taking any official action with regard to this Agreement or the Project has any conflicting interest (financial, employment or otherwise) in the Developer, the Project or the transactions contemplated by this Agreement. Section 2.03 Survival of Representations, Warranties and Covenants. All representations, covenants and warranties of the Developer and the City contained in this Agreement, in any certificate or other instrument delivered by the Developer or the City pursuant to this Agreement, or otherwise made in conjunction with the project transactions contemplated by this Agreement shall survive the execution and delivery of this Agreement. ARTICLE III RESTRICTIONS ON USE Section 3.01 Use Restrictions. (a)Developer and its successors and assigns and every successor in interest to all or any part of the Development Property shall, upon acceptance of title thereto: (i)Devote all uses of the Development Property in accordance with and subject to the provisions of the approved Concept Plan. (ii)Not discriminate on the basis of race, color, religion, sexual orientation, family status, handicap, sex or natural origin in the sale, lease or rental or in the use or occupancy of all or any part of the Development Property; (iii)Maintain the use of the Development Property for Affordable Housing in accordance with the Concept Plan; (iv)Comply with all Terms and Conditions published as Part B of the 2023-24 Qualified Application Plan adopted by IFA. (v)Comply with all Threshold Requirements published as Part C of the 2023- 24 Qualified Application Plan adopted by IFA. (vi)Rent each apartment dwelling with a single lease for the whole of an apartment and the apartment shall not be leased by multiple individual leases or by individual lease per bedroom (b)It is intended and agreed that the covenants provided in this Section shall be set forth in a separate covenant and restriction to be filed of record running with the land binding to the fullest extent permitted by law and equity for the benefit and in favor of and enforceable by: the City, its successors and assigns, and any successor in interest in the Development Property or any part of the Development Property, the United States, against the Developer, its successors and assigns, and every successor in interest to the Development Property, or any part thereof or any interest therein, and any party in possession or occupancy of the Development Property or any part 7 48759240 thereof. (c)The covenants in subsections (a)(i), (iii), (iv), (v) and (vi) of this Section shall remain in effect for a minimum of 30 years regardless of continued participation in the LIHTC program. The covenant in subsection (a)(ii) of this Section shall remain in effect for in perpetuity. ARTICLE IV CONDITIONS PRECEDENT TO PERFORMANCE 4.01 City’s Obligations. (a)As a condition precedent to the obligations of the City to convey the Development Property to the Developer, the Developer shall provide to the City at least thirty (30) days prior to delivery of a Title Transfer Notice copies of the following documents satisfactory to the City, each to be reviewed and approved by the City in its sole and absolute discretion (the “Component Financing Documents”); (i)Financial statements demonstrating Developer has the debt and equity adequate to complete the Project; (ii)Draft construction loan documents, which together with Developer equity and all other sources of financing, meet or exceed, in the aggregate, the GMP and the cost of furnishing and equipping the Project; (iii)A draft payment and performance bond or letter of credit to guarantee construction work, satisfactory to the lender and investor; (iv)Liability, casualty, workers compensation, and other insurance in types and amounts obtained on similar projects in the Waukee metropolitan area; (v)The identity of the members, partners, officers and principal executives or other key personnel of Developer and any transfers of interests among such parties; (vi)Such other financial due diligence as requested by the City and the City shall have the right to have its outside financial consultant confidentially conduct full financial due diligence relating to Developer and the Component Financing Documents; provided such outside financial consultant executes a confidentiality agreement in form and substance reasonably acceptable to Developer; (vii)A draft sources and uses allocation for the Project; (viii)A draft construction and development schedule for the Project; (ix)Evidence of IFA’s allocation of the Low-Income Housing Tax Credits to 8 48759240 the Project in the 2023 award cycle; and (x)All documents, approvals and materials required from the Developer under Article V; (xi)Evidence that Developer has complied with all of the representations, warranties and covenants made in Article II, Section 2.01 herein. (xii)Evidence that Developer has applied for, and will timely obtain, a building permit for the construction of the Project Improvements. Completion of the foregoing to the City’s satisfaction must occur no later than thirty (30) days prior to the delivery of the Title Transfer Notice (the “Diligence Approval Date”). The Developer shall provide to the City, at the closing of the transfer of the Development Property to Developer, final copies of any documents described above that were provided to the City in draft form. (b)The Developer's performance of the terms and requirements as to the construction of Project Improvements pursuant to Article VIII below for the Project, shall at all times be subject to conveyance of the Development Property to Developer by the City in accordance with its obligations as set forth in the Option Agreement (collectively, the “City Obligations”). ARTICLE V PRE-CONSTRUCTION ACTIVITIES 5.01 Developer’s Obligations. The Developer shall complete the following pre construction activities for the Project (collectively, the “Pre-Construction Activities”): (a)Developer, at the Developer’s cost and expense, shall prepare a complete a 9% Low Income Housing Tax Credit application that meets the threshold requirements of the Qualified Allocation Plan and submit it timely for consideration by IFA on or before the application due date set by IFA, which is currently set as _________, 2023, by 4:30 P.M. The Application shall include the design and preliminary scoring elements identified as part of the RFP submittal on August 29, 2022 and accepted by the City Council on November 7, 2022, by City Council Resolution #2022- J16, which may be updated and or amended prior to submission in consultation and subject to the approval by the City. (b)The Developer shall work with City staff to prepare an updated Concept design to address building locations, architectural character, and potentially to add units if agreed to by the Developer. The updated Concept Plan is subject of City Council acceptance prior to April 1, 2023. Developer’s failure to obtain City Council approval prior to April 1, 2023, shall constitute default of Developer’s obligations under this Agreement and shall result in the full cancellation of the City’s obligations under this Agreement and the full cancellation of the Option Agreement. (c)The Developer or its consultants shall prepare the site plan and designs for 9 48759240 infrastructure for the Project, if and when required by City Code for development of the Project, which infrastructure shall include, but not be limited to, high speed internet, open space design, conduits, sanitary and storm sewer lines, storm drainage and other utilities, streetscape, landscape and lighting improvements for the Development Property (collectively, "Infrastructure"), all of which Infrastructure shall be consistent with the studies prepared pursuant to the Concept Plan. (d)Upon IFA’s award of LIHTC to the Developer for the Project, and prior to the City conveying the Development Property to the developer, a final Development Plan shall be prepared by the Developer at their cost for review and approval by the City Council. The Development Plan shall provide a complete description of the Project, including generally, such things as are required to secure all permits from the City for the Development Property that is the subject of the Development Plan, such as: (i) building uses; (ii) gross building area; (iii) gross leasable area; (iv) parking requirements based on local zoning regulations: (vi) infrastructure improvements for the Project; (vii) the estimated time-frame in which the Project shall be implemented; (viii) the number of Affordable housing units to be included in the Project; and (ix) proposed Infrastructure. Notwithstanding the foregoing, any future amendment to the approved Development Plan shall be subject to the review and approval of the City in accordance with applicable laws and ordinance. (e)The Developer, at the Developer’s sole cost and expense, will prepare an application for rezoning the Development Property to rezone said property to an acceptable zoning designation(if necessary), and prepare and submit for approval a site plan, all in accordance with applicable City ordinances. 5.02 Planning Approvals. The City shall review and apply all planning, zoning, building, stormwater, utility, site plan and platting requirements under applicable City policies and ordinances and the Code of Iowa, and the Developer shall develop and construct the Project in a manner consistent with said requirements and Approvals. ARTICLE VI CONSTRUCTION OF INFRASTRUCTURE Section 6.01 Construction of Infrastructure. Following satisfaction and approval of each of the requirements of Article V above, the Developer or its consultants shall construct and install such Infrastructure, materially in accordance with the approved Development Plan, which has been designed, approved and as may be modified pursuant to Section 5.01 above. Any such Infrastructure shall be constructed and installed by the Developer or its consultants at Developer’s cost and expense. ARTICLE VII PROPERTY TRANSFER Section 7.01 Exercise of Option. Following: (i) Developer’s mutual and complete performance of the Conditions Precedent identified in Article IV and the Pre-Construction Activities identified in Article V; and (ii) the Developer providing written notice to the City of its election to exercise its option to purchase the Development Property under the Option Agreement 10 48759240 subject to the terms and conditions of this Agreement and the Option Agreement and the requirements of Iowa Code Chapter 364.7, which notice shall include documentation of the Developer’s private financing commitments to the City for inspection (the “Title Transfer Notice”) the City shall close the sale of the Development Property in accordance with the Option Agreement. The purchase price to be paid by the Developer or its assignee or designee to the City, as applicable, for the Development Property identified within the Title Transfer Notice ("Sale Price") shall be One Dollar ($1.00). ARTICLE VIII DEVELOPMENT PLAN & CONSTRUCTION OF PROJECT IMPROVEMENTS Section 8.01 Development of the Project. (a)Following Developer’s acquisition of the Development Property from City, Developer shall perform the following undertakings in accordance with the process ("Process") set forth below: (i) Developer shall obtain all governmental approvals and permits for the Project; (ii) Developer shall prepare and complete marketing materials and begin pre- sale and pre-lease activities; (iii)Developer shall commence construction of the Project Improvements for the Project in accordance with the site plan and the Development Plan, subject to Force Majeure Conditions; (iv) Subject to Force Majeure Conditions, Developer shall: (A) commence construction of the Infrastructure and the Project Improvements within ninety (90) days following the Closing Date (as defined in the Option Agreement); and (B) use its best efforts to substantially complete construction of the Infrastructure and Project Improvements in the Project within eighteen (18) months following the Closing Date (as defined in the Option Agreement); provided, however, that subject to Force Majeure Conditions, Developer shall substantially complete construction of the Infrastructure and Project Improvements in the Project within twenty-four (24) months following the Closing Date (as defined in the Option Agreement); (b)The Developer agrees that it will enter into the necessary contracts with contractors for the Project Improvements and cause those contracts to provide that all work performed under such contracts be in accordance with the Development Plan and this Agreement. (c)Commencing upon the date construction of the Project Improvements begins and thereafter, on a monthly basis prior to the Project Completion Date, the Developer shall prepare and deliver to the City a written update regarding the status of the Process for the Project which is then subject to the Process by Developer at the time of delivering the status update. In the event the City identifies that an act or omission on the part of the Developer in the performance of the 11 48759240 Project may result in the City withholding the Certificate of Occupancy pursuant to Section 8.05 below, the City agrees to and shall timely provide the Developer with a written statement indicating, in reasonable detail, such act or omission and the measures or acts necessary, in the reasonable opinion of the City, for the Developer to take or perform in order to perform in such a manner to timely obtain a Certificate of Occupancy pursuant to Section 8.05 below. The Parties shall meet on an as-needed basis to discuss the Project status report. Section 8.02 Assignment of Development Rights. Developer shall not be permitted to assign this Agreement, the Option Agreement, or any development rights in the Project except as expressly permitted herein or except as expressly consented to by the City in writing; provided, however, that Developer may assign this Agreement, the Option Agreement, and development rights in the Project to Prairie Rose Apartments-Waukee, LLC as long as Developer or its wholly-owned affiliate is the managing member of such entity. Section 8.03 Development Plan; Modifications. The Developer shall diligently pursue completion of the Project in conformance with the Development Plan and this Agreement. Should the Developer deem it necessary or desirable to amend the Development Plan, the Developer shall submit such proposed modifications to the City, including plans and specifications for Project Improvements and a revised Project Completion Date, if applicable. The City shall timely review such modification within a reasonable time and shall send written notice of the City's approval or rejection of the modifications to the Developer. If the City rejects any such modification, the notice so stating shall set forth the reasons for rejection. Following receipt of such notice, the Developer may resubmit revised modifications that address the City’s concerns for the City’s review and approval. Section 8.04 Extensions Due to Force Majeure Conditions. The date on which the Developer commences construction of the Infrastructure and the Project Improvements and the Project Completion Date may be extended due to any Force Majeure Condition if the Developer notifies the City of the existence of such condition as set forth below. The extension of time shall be for the period of any delay or delays caused or resulting from any Force Majeure Condition; provided, however, the Developer must notify the City of the existence of such Force Majeure Condition within forty five (45) days after the Developer becomes aware of the commencement of a Force Majeure Condition, which notice to the City shall include documentation or other information reasonably necessary to establish the existence of the Force Majeure Condition and an estimate of the approximate period of delay to be created by the Force Majeure Condition. The Developer's failure to provide such notice and documentation shall eliminate the waiver of default due to such Force Majeure Condition created in this Section. Section 8.05 Project Certificate of Occupancy. Upon the completion of the construction of the Project Improvements and the Project in accordance with the Development Plan, applicable federal, state, local laws, rules and regulations, the Developer shall send a written request to the City for a Certificate of Occupancy issued by the City. The Certificate of Occupancy shall be a conclusive determination of the Developer's satisfaction and termination of the Project Covenants in this Agreement regarding completion of the Project in accordance with the Development Plan and this Agreement. The Certificate of Occupancy shall not be unreasonably withheld, conditioned or delayed. If the City fails or refuses to provide the Certificate of Occupancy after receiving a 12 48759240 written notice requesting such certificate, the City shall, within fifteen (15) days of receiving such request, provide the Developer with a written statement indicating in reasonable detail how the Developer has failed to complete the Project in conformity with the Development Plan, this Agreement, or the Waukee Municipal Code or state law, and the measures or acts necessary, in the opinion of the City, for the Developer to take or perform in order to obtain a Certificate of Occupancy. Thereafter, the Developer shall exercise reasonable means to cure the Developer's failure to complete and, upon completion of such activities, shall submit a request for a Certificate of Occupancy to the City which shall be processed in accordance with this Section. Section 8.06 Maintenance. The Developer shall, at all times during the term and while in ownership thereof, maintain the Project Improvements and Development Property in a good state of repair and attractive appearance. Section 8.07 Payment of Fees, Costs and Expenses. Except as otherwise provided herein, the Developer shall pay to the City all reasonable fees owed to the City and all necessary and reasonable expenses and costs incurred by the City in performance of its obligations under this Agreement. The Developer shall pay the City’s reasonable attorney’s fees (but in no event shall the reasonable attorney’s fees exceed $15,000) but only in the event the Developer closes on its acquisition of the Development Property from the City. ARTICLE IX DEFAULT AND TERMINATION; ESTOPPEL Section 9.01 Events of Default Defined. The following shall be "Events of Default" under this Agreement and the terms "Events of Default" and "Default" shall mean, whenever they are used in this Agreement, any one or more of the following events: (a)Failure by the Developer to observe and perform any covenant, term condition or agreement on its part to be observed or performed under this Agreement, which failure continues uncured following the Cure Period. (b)The filing by the Developer of a voluntary petition in bankruptcy, or failure by the Developer to promptly lift any execution, garnishment or attachment of such consequence as would impair the ability of the Developer to carry on its operation, or adjudication of the Developer as a bankrupt, or assignment by the Developer for the benefit of creditors, or the entry by the Developer into an agreement of composition with creditors, or the approval by a court of competent jurisdiction of a petition applicable to the Developer in any proceedings whether voluntary or involuntary instituted under the provisions of the federal bankruptcy laws, as amended, or under any similar acts which may hereafter be enacted. (c)The Developer's breach of the Project Covenant defined in Section 10.01 below. (d)The failure of the Developer through the fault of the Developer to complete the Project Improvements for by the Project Completion Date in accordance with the provisions of Article VIII and subject to any extensions by the period of time equal to the delays 13 48759240 caused by any Force Majeure Conditions. (e)Failure by the City to observe and perform any covenant, term, condition or agreement on its part to be observed or performed under this Agreement, which failure continues uncured following the Cure Period. Section 9.02 Remedies on Default. (a)Whenever any Event of Default shall have occurred and be continuing, the non- defaulting party shall have the right, at its option and without any further demand or notice, to take whatever action at law or in equity may appear necessary or desirable to enforce performance and observance of any obligation, agreement or covenant of the Developer or the City, as applicable, under this Agreement, including, but not limited to, terminating this Agreement (if the Event of Default occurs prior to the conveyance of the Development Property to the Developer), or instituting such proceedings as may be necessary or desirable, in the non-defaulting party's sole opinion, to compensate the non-defaulting party for any damages resulting from all breaches by the defaulting party, including, but not limited to, a proceeding for breach of contract and/or damages. (b)Notwithstanding anything to the contrary set forth in this Agreement, the City shall, in no way, be limited to the terms of this Agreement in enforcing, implementing and/or otherwise causing performance of the provisions of this Agreement and/or the Development Plan or pursuant to applicable City ordinances or in exercising its right and authority to condemn the Development Property after the Developer's Default and failure to cure during the Cure Period as provided in this Agreement. (c)Before enforcing any remedies against the Developer due to the occurrence of an Event of Default on the part of the Developer, the City shall provide notice and an opportunity to cure such Event of Default to each holder of any deed of trust affecting the Development Property which is filed of public record as of the date which is twenty (20) days prior to the issuance of such action by the City. Such notice shall provide a fifteen (15) day holder cure period for a monetary Event of Default, and a sixty (60) day holder cure period for a non-monetary default. Section 9.03 No Waiver. No delay or omission of a party to exercise any right or remedy occurring upon an Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or acquiescence to such Event of Default. Every right and remedy given by this Article or by law may be exercised from time to time and as often as may be deemed expedient by the City. No waiver of any breach of any covenant or agreement contained in this Agreement shall operate as a waiver of any subsequent breach of the same covenant or agreement or as a waiver of any breach of any other covenant or agreement. In case of a breach, the non- defaulting Party may nevertheless accept from the defaulting Party any payment or payments made under this Agreement without in any way waiving right of the non-defaulting Party to exercise any of its rights and remedies provided for in this Agreement with respect to any such default or defaults of the defaulting Party which were in existence at the time such payment or payments were accepted by the non-defaulting Party. 14 48759240 Section 9.04 Rights and Remedies Cumulative. The rights and remedies set forth herein and provided by law shall be construed as cumulative and continuing rights and may be exercised concurrently or alternatively. No one of them shall be exhausted by the exercise of such option on one or more occasions. Section 9.05 Term. Notwithstanding anything to the contrary, this Agreement and the obligations hereunder and the Option Agreement shall terminate fully, and neither Party shall have any obligation to the other whatsoever, if the Project does not receive Low-Income Housing Tax Credits from IFA in the 2023 award cycle. ARTICLE X SPECIAL COVENANT AND DAMAGES FOR BREACH Section 10.01 Project Covenant. It is acknowledged that the City's willingness to enter into this Agreement and carry out the City's obligations under the Transaction Documents is based on the anticipated benefits to be derived in the City through the Developer's completion of the Project and the proper maintenance of the Project and/or any Project. The Developer covenants and agrees that it will at all times: (a) timely commence construction of the Project in accordance with Section 8.01, subject to a Force Majeure Condition, as provided in Section 8.04; (b) timely achieve substantial completion of the Project within twenty-four (24) months following the Closing Date (as defined in the Option Agreement), subject to a Force Majeure Condition, as provided in Section 8.04; and (c) properly operate and maintain the Project and the Project Improvements during the period in which such Project and Project Improvements by the Developer or its assignee or designee (collectively, items (a)-(c) are hereinafter the "Project Covenant"). Section 10.02 Remedy Upon Breach of Project Covenant. If the Developer does not, in the City's reasonable discretion, comply with the Project Covenant then the Developer shall be in breach and violation of the Project Covenant. The Parties acknowledge that the damages that will be incurred upon any material breach or violation of the Project Covenant would be impossible to ascertain with any reasonable degree of certainty. Nevertheless, the Parties have attempted to fairly approximate the amount of such damages, and have agreed that upon any material breach or violation of a Project Covenant 10.01(a), (b), or (c) above, the City may, but shall not be obligated to, exercise its right to enforce (but not as a penalty) one of the following remedies (individually, “Project Covenant Liquidated Damages”): (a)In the event of a default of the Project Covenant set forth in Section 10.01(a) of this Agreement, the City may, immediately upon demand and following any applicable Cure Period, require the Developer to convey the Development Property then owned by the Developer or its assignee or designee to the City by a special warranty deed in a form reasonably acceptable to the Parties. Such conveyance shall be made by the Developer to the City upon the City’s payment to the Developer of the sum of Ten and 00/100 Dollars ($10.00). Reconveyance of the Development Property shall constitute Project Covenant Liquidated Damages and be the City's sole remedy for a material breach or violation of the Project Covenant set forth in Section 10.01(a). (b)In the event of a default of the Project Covenants set forth in Section 10.01(b) of this Agreement, by Developer or any Successor Owner (defined below) in interest or title to 15 48759240 Developer in the Project, Project Improvements, and/or the Development Property (each, an “Owner”) or any party claiming an interest in the Project or the Development Property through, by, or under an Owner (such parties and the Owners, collectively, “Violators” and each, a “Violator”), such Owner and/or Violators shall have thirty (30) days in which to cure such default after receipt of notice of said default from the City. In the event that the defaulting Owner or Violator cannot cure a default in a timely manner, then the City shall have the right to either: 1) take such action to cure such default as City deems necessary in its sole discretion and to assess such then Owner(s) for the costs thereof as a lien against the Project Improvements and the Development Property in order to collect same; or 2) get an injunction from an applicable court of law to force specific performance to cure such default by the then Owner(s) of the Project Improvements and the Development Property, the amount of the bond for same being One Hundred and 00/100 Dollars ($100.00) and no more; or 3) to pursue such other remedies available at law or in equity as may be available to the City with respect to the Project Improvements, the Development Property, and then Owner(s) of the Project Improvements and the Development Property. In lieu of the foregoing, the City may, immediately upon demand and following any applicable Cure Period, require the Developer to pay the City $515,000.00 in Project Covenant Liquidated Damages as its sole remedy. (c)In the event of a default of the restrictions set forth in Section 3.01(a) of this Agreement, or the Project Covenants set forth in Section 10.01(c) of this Agreement, by Developer or any Successor Owner (defined below) in interest or title to Developer in the Project, Project Improvements, and/or the Development Property (each, an “Owner”) or any party claiming an interest in the Project or the Development Property through, by, or under an Owner (such parties and the Owners, collectively, “Violators” and each, a “Violator”), such Owner and/or Violators shall have thirty (30) days in which to cure such default after receipt of notice of said default from the City. In the event that the defaulting Owner or Violator cannot cure a default in a timely manner, then the City shall have the right to either: 1) take such action to cure such default as City deems necessary in its sole discretion and to assess such then Owner(s) for the costs thereof as a lien against the Project Improvements and the Development Property in order to collect same; or 2) get an injunction from an applicable court of law to force specific performance to cure such default by the then Owner(s) of the Project Improvements and the Development Property, the amount of the bond for same being One Hundred and 00/100 Dollars ($100.00) and no more; or 3) to pursue such other remedies available at law or in equity as may be available to the City with respect to the Project Improvements, the Development Property, and then Owner(s) of the Project Improvements and the Development Property. Section 10.03 Successor Owners. At such time as Developer conveys any Property or Project Improvement to another party, whether by sale or assignment (each such party being a "Successor Owner"), Developer shall include in the conveyance instrument for such Project Property or Project Improvement a requirement that such Successor Owner shall be subject to (i) the Use Restrictions set forth in Article III above, and (ii) the Project Covenant (together, (i) and (ii) are hereinafter referred to as "Successor Covenants") and, in the event such Successor Owner materially breaches or violates such Successor Covenants, notice of which shall be provided by the City to the Successor Owner, the Successor Owner shall be subject to the Project Liquidated Damages as set forth above. 16 48759240 ARTICLE XI RISK OF LOSS AND INSURANCE Section 11.01 Allocation of Risk. All risk of loss with respect to such portion of the Development Property and the Project Improvements owned by Developer shall be borne by the Developer, and all risk of loss with respect to any portion of the City Property owned by the City shall be borne by the City. Section 11.02 Insurance. The Developer shall, at its expense, maintain or cause to be maintained a policy of all risk casualty insurance insuring the Development Property and the Project Improvements owned by the Developer. Such policy of insurance shall also name the City and such other persons designated by the City as additional insureds and shall each contain a provision that such insurance may not be canceled without at least thirty (30) days' advance written notice to the City. The City’s rights as an additional insured shall be subordinate to the prior rights of each holder of any deed of trust affecting any portion of the Development Property. Copies of such insurance policies shall be furnished to the City together with certificates of such policy bearing notations evidencing payment of premiums or other evidence of such payment. Such policy shall include a waiver of subrogation consistent with the release described in Section 11.04 below. Section 11.03 Blanket Insurance Policies. The Developer may satisfy any of the insurance requirements set forth in this Article by using blanket policies of insurance, provided each and all of the requirements and specifications of this Article respecting insurance are complied with. Section 11.04 Mutual Release. Anything in this Agreement to the contrary notwithstanding, it is agreed that each Party hereby releases the other from any claim, demand or cause of action arising out of any loss or damage to all or any portion of the Development Property or Project Improvements constructed thereon caused by a peril insurable pursuant to an all risk casualty insurance policy in standard form available in the State. ARTICLE XII COMPLIANCE WITH APPLICABLE LAWS The Parties hereto shall, at their respective sole cost and expense, comply with all Applicable Laws and shall pay all costs, expenses, claims, fines, penalties and damages that may in any manner arise out of, or be imposed as a result of, the failure of such Party to comply with the provisions of this Article. Notwithstanding any provision contained in this Article, however, either Party shall have the right, at its sole cost and expense, to contest or review, by legal or other appropriate procedures, the validity or legality of any such Applicable Laws, or any such requirement, rule or regulation of an insurer, and during such contest or review the contesting Party may refrain from complying therewith to the extent such noncompliance is expressly permitted by law and provided that such noncompliance does not result in adverse action being taken against the Project, the Development Property or the City. 17 48759240 ARTICLE XIII LIENS 13.01 Release by Developer. Prior to the conveyance of the Development Property to the Developer, the Developer shall not do or suffer anything to be done by any person or entity whereby all or any part of any portion of the Development Property may be encumbered by any mechanics' or other similar lien. Whenever and as often as any mechanics' or other similar lien is filed against all or any portion of the Development Property purporting to be for or on account of any labor done or materials or services furnished to Developer in connection with any work in or about any portion of the Development Property, the Developer shall discharge the same of record within thirty (30) days after the date of filing. If the Developer fails to do so, then the City may, if the City is then in ownership of such Development Property, but shall not be obligated to, take such action and pay such amounts on account of the Developer as may be necessary in order to cause such lien to be discharged of record. The Developer shall have no obligation to discharge any lien purporting to be for or on account of any labor done or materials or services furnished to the City, the City or any other party in connection with any work in or about any portion of the Development Property. 13.02 Release by City. From and after the conveyance of the Development Property to the Developer, the City shall not do or suffer anything to be done by any person or entity whereby all or any part of any portion of the Development Property may be encumbered by any mechanics' or other similar lien. Whenever and as often as any mechanics' or other similar lien is filed against all or any portion of the Development Property purporting to be for or on account of any labor done or materials or services furnished to the City in connection with any work in or about any portion of the Development Property, the City shall discharge the same of record within thirty (30) days after the date of filing. If the City fails to do so, then the Developer may, but shall not be obligated to, take such action and pay such amounts on account of the City as may be necessary in order to cause such lien to be discharged of record. ARTICLE XIV INDEMNIFICATION Section 14.01 Indemnity. The Developer agrees to protect, defend, indemnify and hold harmless the City and the City's council members, officers, directors, employees, agents, affiliates, successors and assigns, at Developer's cost and using legal counsel selected by the Developer, from and against all claims, demands, losses, damages, costs, expenses, liabilities, taxes, assessments, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, causes of action, remedial action requirements and/or enforcement actions of any kind (including, without limitation, reasonable attorney's fees and court or similar costs) directly arising out of or attributable to in whole or in part: (a)the material inaccuracy of any representation or the material breach of any representation, covenant or warranty of the Developer contained in this Agreement; (b)the Developer's negligent or intentional misuse of any portion of the Development Property; 18 48759240 (c)the failure on the part of the Developer to materially perform, observe and/or comply with any covenant, obligation or duty to be performed, observed and/or complied with by the Developer pursuant to the terms of this Agreement or any Transaction Document, following the applicable notice and cure provisions and subject to the City’s performance of its obligations under this Agreement or any Transaction Document, but only to the extent that the City’s performance of its obligations is a prerequisite for the Developer’s performance of its obligations; (d)any condition of or damage to all or any portion of the Development Property which is caused by any negligent act or omission of the Developer or the Developer's agents, contractors, subcontractors, servants, employees, members, officers, directors, licensees or invitees or any other person or entity for whose acts or omissions the Developer is otherwise responsible pursuant to Applicable Law; (e)the negligent performance or non-performance by the Developer of any of the terms and conditions of any Transaction Document, contract, agreement, obligation or undertaking entered into by the Developer (whether as the agent of the City or otherwise) in connection with all or any part of the Project; and/or (f)any negligent act or omission of the Developer or any of the Developer's agents, contractors, subcontractors, servants, employees, members, officers, directors, licensees or invitees or any other person or entity for whose negligent acts or omissions the Developer is otherwise responsible pursuant to Applicable Law. Section 14.02 Project Environmental. (a)The Developer covenants that, while in ownership or possession and control of all or any portion of the Development Property, it shall not place or cause to be placed, nor permit any other Person to place or cause to be placed, any Hazardous Substances on or about all or any portion of the Development Property in excess of de minimis quantities reasonably necessary to the Developer's use of all or any portion of the Development Property. (b)The Developer agrees to protect, defend, indemnify and hold harmless, the City and the City's council members, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, demands, losses, damages, costs, expenses, liabilities, assessments, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, causes of action, remedial action requirements and/or enforcement actions of any kind (including, without limitation, reasonable and necessary attorneys' fees and costs) directly or indirectly arising out of or attributable to, in whole or in part: (i) the breach of the covenants of the Developer contained in Section 14.02 (a); (ii) Developer's or Developer's employees', agents', contractors' or subcontractors' use, handling, generation, manufacture, production, storage, release, threatened release, discharge, treatment, removal, transport, decontamination, cleanup, disposal and/or presence of Hazardous Substances on, under, from or about all or any portion of the Development Property, provided that such claims, demands, losses, damages, costs, expenses, liabilities, assessments, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, causes of action, remedial action requirements and/or enforcement actions of 19 48759240 any kind do not arise out of or related to (x) any pre-existing conditions, (y) the negligent acts or omissions of the City or (z) Developer's performance under this Agreement which is prosecuted without negligence or intentional misconduct; or (iii) any other activity carried on or undertaken on all or any portion of the Development Property by the Developer or any employees, agents, contractors or subcontractors of the Developer in connection with the use, handling, generation, manufacture, production, storage, release, threatened release, discharge, treatment, removal, transport, decontamination, cleanup, disposal and/or presence of any Hazardous Substance at any time located, transported or present on, under, from, to or about all or any portion of the Development Property, including without limitation: (A) the cost of any required or necessary repair, cleanup or detoxification of any portion of the Development Property and the preparation and implementation of any closure, remedial or other required plans; and (B) liability for personal injury or property damage arising under any statute or common law tort theory, including damages assessed for the maintenance of a public or private nuisance, response costs or for the carrying on of any abnormally dangerous activity. (c)The foregoing indemnity obligation includes without limitation: (i) the costs of removal or remedial action incurred by the United States government or the State or response costs incurred by any other person, or damages from injury to, destruction of or loss of natural resources, including the cost of assessing such injury, destruction or loss, incurred pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended ("CERCLA"), 42 U.S.C. §9601 et seq.; (ii) the clean- up reasonable and necessary costs, fines, damages or penalties incurred pursuant to any applicable provisions of State law; and (iii) the reasonable and necessary cost and expenses of abatement, correction or cleanup, fines, damages, response costs or penalties which arise from the provisions of any other Applicable Law. (d)The foregoing indemnity shall further apply to any residual contamination on, under, from or about all or any portion of the Project or affecting any natural resources, arising in connection with the use, handling, generation, manufacturing, production, storage, release, discharge, treatment, removal, transport, decontamination, cleanup, disposal and/or presence of any such Hazardous Substance on, under, from or about all or any portion of the Project and irrespective of whether any of such activities were or will be undertaken in accordance with any Applicable Laws. This indemnity is intended to be operable under 42 U.S.C. Section 9607(e)(1), and any successor section thereof, and shall survive the Closing under this Agreement in all respects. (e)The foregoing indemnity obligations include within them all costs and expenses (including, without limitation, reasonable and necessary attorneys' fees) incurred in enforcing any right to indemnity contained in this Agreement. ARTICLE XV ASSIGNMENT Section 15.01 Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the Developer and its permitted successors and assigns, and any Successor Owner of the Development Property (provided, however, that this provision shall not be deemed to permit an assignment of this Agreement except as specifically provided in this Article and in 20 48759240 Section 8.02 above), and the then "Developer" as used in this Agreement shall be deemed to include such successors and assigns. Section 15.02 General Assignments. Except as otherwise provided in Section 8.02 above, this Agreement may not be assigned by the Developer without the prior written consent of the City, which consent may be granted, denied or conditioned in the sole and reasonable discretion of the City; provided, however, the leasing or sale of individual units within the Project by the City or the Developer within the normal course of business shall not to be construed as an assignment of this Agreement. The City shall have the right to assign or otherwise transfer this Agreement to the City or to any successor entity created by the City to perform the same functions as the City and upon such assignment or other transfer, this Agreement shall be binding upon and shall inure to the benefit of the City or to any such successor entity. ARTICLE XVI EQUAL EMPLOYMENT OPPORTUNITY Section 16.01 Equal Employment Opportunity During Performance of this Agreement. During the performance of this Agreement, the Developer agrees, for itself and its successors and assigns, as follows: (a)The Developer will not discriminate against any employee or applicant for employment because of race, color, religion, sexual orientation, family status, handicap, sex, or national origin. The Developer will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Developer agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. (b)The Developer will, in all solicitations or advertisements for employees placed by or on behalf of the Developer, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sexual orientation, family status, handicap, sex or national origin. (c)The Developer will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or workers' representative of the Developer's commitments under Section 202 of Executive Order 11246, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d)The Developer will comply with all provisions of Section 202 of Executive Order 11246, and of the rules, regulations and relevant orders of the Secretary of Labor. (e)The Developer will furnish all information and reports required by Section 202 of Executive Order 11246, and by the rules, regulations, and orders of the Secretary of Labor, or 21 48759240 pursuant thereto, and will permit access to its books, records and accounts by the City and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (f)In the event of the Developer's non-compliance with the non-discrimination clauses of this Agreement or with any of such rules, regulations, or orders, this Agreement may be canceled, terminated or suspended in whole or in part and the Developer may be declared ineligible for further government contracts and/or federally assisted construction contracts in accordance with the procedures authorized in Section 202 of Executive Order 11246, and such other sanctions may be imposed and remedies invoke as provided in Section 202 of Executive Order 11246, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Section 16.02 Inclusion of Equal Employment Opportunity Provisions in Contracts. The Developer agrees, for itself and its successors and assigns, that it will include the provisions listed in Section 16.01 in every contract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246, so that such provision will be binding upon each contractor or vendor that does business with the Developer in conjunction with the Project, as well as those contractor's subcontractors. For the purpose of including the provisions of Section 16.01 in any construction contract or purchase order, the terms "City", "Developer" and "Contract" may be changed to appropriately reflect the name or designation of the parties to such contract or purchase order. Section 16.03 Modification of Requirements. Upon the issuance of additional or conflicting rules, regulations, or orders of the Secretary of Labor pursuant to section 204 of Executive Order 11246, the requirements of this Article shall automatically be amended to conform and comply with such changes. Section 16.04 Determination of Compliance. For the sole purpose of determining the Developer's compliance with the provisions of this Article, the City and its duly appointed agents shall be permitted, at reasonable times, and after three (3) days prior notice to the Developer, to examine the books and records of the Developer. ARTICLE XVII AMERICANS WITH DISABILITIES ACT The Developer shall comply with the provisions of the Americans with Disabilities Act ("ADA"), 42 U.S.C. A Section 1201, et seq., as amended from time to time, and regulations promulgated under the ADA, including, without limitation, 28 C.F.R. Part 35 and 29 C.F.R. Part 1630. ARTICLE XVIII [reserved] 22 48759240 ARTICLE XIX [reserved] ARTICLE XX MISCELLANEOUS PROVISIONS Section 20.01 Amendments. This Agreement may not be amended, modified, terminated or waived orally, but only by a writing signed by the party against whom any such amendment, modification, termination or waiver is sought. Section 20.02 No Oral Agreements. This Agreement, together with all exhibits referred to in this Agreement contain all the oral and written agreements, representations and arrangements between the parties, and any rights which the parties may have under any previous contracts or oral arrangements are hereby canceled and terminated and no representations or warranties are made or implied, other than those set forth in this Agreement. Section 20.03 Binding Effect. This Agreement shall inure to, the benefit of and shall be binding upon the City and its successors and assigns and the Developer and their permitted successors and assigns. Section 20.04 Severability. The provisions of this Agreement are severable. In the event that any provision of this Agreement is held to be invalid, illegal or unenforceable to any extent, then the remaining provisions of this Agreement, and the portion of the offending provision (or any application of such provision) which is not invalid, illegal or unenforceable shall remain in full force and effect. Section 20.05 Conflict of Interest. No council member, officer or employee of the City taking official action with respect to this Agreement or the Project shall have any personal interest, direct or indirect, in the Project, the Development Property or this Agreement, nor shall any such commissioner, officer or employee participate in any decision relating to the Project, the Project, Development Property or this Agreement which affects his personal interest or the interest of any corporation, partnership or association in which he is directly or indirectly interested. Section 20.06 Execution of Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed to be an original and all of which together shall constitute but one and the same instrument. Section 20.07 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State without regard to conflict of laws. Section 20.08 Notices. Any notice, approval, request or consent required by or permitted under this Agreement shall be in writing and mailed by United States registered or certified mail, postage prepaid, return receipt requested, or delivered by hand, and addressed as follows: 23 48759240 To City: City of Waukee, Iowa City Administrator 230 W. Hickman Road Waukee, IA 50010 To Developer: Northpointe Development II Corporation Attn: Jake Victor 230 Ohio Street Oshkosh, WI 54902 Each Party shall have the right to specify that notice be addressed to any other address by giving to the other party ten (10) days prior written notice thereof. All notices given by mail shall be effective upon the earlier of the date of receipt or the second (2nd) business day after deposit in the United States mail in the manner prescribed in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address for which no notice was given, shall be deemed to be receipt of the notice as of the date of such rejection, refusal or inability to deliver. Section 20.09 Recording. This Agreement or a memorandum of this Agreement may be recorded by the City, from time to time, in the office of the Recorder of Dallas County, Iowa. The Developer shall pay the costs of recording this Agreement or memorandum upon demand by the City. Section 20.10 Further Assurances. The Developer will do, execute, acknowledge and deliver such further acts, instruments, financing statements and assurances as the City may reasonably require for accomplishing the purposes of this Agreement. Section 20.11 Access to Project and Inspection. During the Term of the Developer's ownership of the portion of the Development Property in which the City seeks to conduct an examination or inspection, the City and its duly appointed agents shall have the right, at all reasonable times, to enter upon the Development Property and Project Improvements and to examine and inspect the Development Property, provided that such entry shall be at the sole risk of the City and shall be subject to reasonable coordination with and direction by the Developer, and further provided that such inspections shall not unreasonably interfere with the development activities of the Developer and its tenants, agents and contractors. The Developer covenants to execute, acknowledge and deliver all such further documents and do all such other acts and things as may be reasonably necessary to grant to the City such right of entry. The City and its duly appointed agents shall also have the right, at reasonable times and upon seven (7) days prior written notice, to examine the books and records of the Developer which relate to the Project and/or to the obligations of the Developer under this Agreement. Section 20.12 Affordability Requirements. The Developer agrees that a minimum of 64 housing units, or as otherwise agreed upon by the City, will be affordable and available for rent, 24 48759240 pursuant to this agreement Section 20.13 City Approvals. The approvals required by the City under this Agreement may be made administratively and in writing by the City's City Administrator or his designee; provided, however, if, in the City's City Administrator's or his designee's sole discretion, a matter must be presented to the City Council for the City's approval, then such matter shall be presented to the City Council for such approval at a regular or special meeting called by the City Council. IN WITNESS WHEREOF, the Developer has caused this Development Agreement to be executed in its name and attested by its duly authorized officers. The City has caused this Development Agreement to be executed in its name with its affixed and attested by its duly authorized officers. All of the above occurred as of the date first above written. [SIGNATURES TO FOLLOW] 25 48759240 THE CITY OF WAUKEE, IOWA By: ________________________________ Courtney Clarke, Mayor ATTEST: By: ________________________________ Rebecca D. Schuett, City Clerk STATE OF IOWA, DALLAS COUNTY, ss: On this _____ day of _________________, 2023, 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 ______________, 2023, 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 26 48759240 NORTHPOINTE DEVELOPMENT II CORPORATION By: ___________________________________________ Print Name: _________________________________ Title: _______________________________________ STATE OF ______________________, __________________COUNTY, ss: On this ____ day of ______________, 2023, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared _______________________, to me personally known, who being by me duly sworn, did say that the person is the ____________ of _______________________, a___________________ corporation, and that the instrument was signed on behalf of said company by authority of its Board of Directors; and that said person acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the company and by it voluntarily executed. _________________________________________ Notary Public in and for the State of ____________ 27 48759240 EXHIBIT A Legal Description of the City Property 28 48759240 EXHIBIT B Depiction of the Development Property B Y D A T E R E V I S I O N M A R K S c a l e : C h e c k e d B y : E n g i n e e r : T e c h n i c i a n : D a t e : F i e l d B k : P g : Sheet of S h e e t o f P r o j e c t N o : S N Y D E R & A S S O C I A T E S , I N C . Project No: 5 1 5 - 9 6 4 - 2 0 2 0 | w w w . s n y d e r - a s s o c i a t e s . c o m A N K E N Y , I A 5 0 0 2 3 2 7 2 7 S W S N Y D E R B O U L E V A R D s b l a i s d e l l _ O R D V : \ P r o j e c t s \ 2 0 2 3 \ 1 2 3 . 0 1 3 4 . 0 1 \ C A D D \ 1 2 3 0 1 3 4 _ P P L T . d g n 2 / 6 / 2 0 2 3 4 : 1 9 : 0 8 P M D e f a u l t 1 : 6 0 V : \ R e f L i b r a r y \ C A D D S t a n d a r d s \ W o r k S p a c e \ S t a n d a r d s \ P r i n t i n g \ P e n _ T a b l e s \ d a t e . t b l V 8 i B W F u l l W e i g h t P D F . p l t c f g W A U K E E , I O W A 1230134 2 E J M S D B 0 1 / 2 3 / 2 3 1 2 3 0 1 3 4 2 P R A I R I E R O S E P L A T 2 1 " = 6 0 ' N C Sheets 1 and 2 of 2 P R E L I M I N A R Y P L A T - 2 0 2 3 1 1 PRELIMINARY PLAT - 2023 PRAIRIE ROSE PLAT 2 EC I NSED L ISRPOSEFNLAO R V E U A N S DL Y R O AOWI State of Iowa. Professional Land Surveyor under the laws of the supervision and that I am a duly licensed performed by me or under my direct personal was prepared and the related survey work was I hereby certify that this land surveying document Eric J. Miller, PLS License Number My License Renewal Date is December 31, 2024 Pages or sheets covered by this seal: 19515 Date 19515 MILLER ERIC J. SET 1/2" REBAR WITH RED CONTROL CAP, NORTHEAST CORNER PRAIRIE ROSE 4 SUBDIVISION AT SILT FENCE END. ELEV=998.03E=1537852.65N=592492.38CP103 FOUND 5/8" IRON PIN WITH GREEN CAP, WEST SIDE OF WARRIOR LANE AT TOP OF BANK, WEST OF 35 MPH SIGN. ELEV=1003.46E=1538629.88N=592128.24CP102 FOUND 1/2" REBAR, +/-90' SOUTH OF SOUTHEAST CORNER OF CABIN, +/-10' WEST OF AGRICULTURAL FIELD, +/-40' NORTH OF TREELINE. ELEV=994.34E=1538219.79N=592674.19CP101 SET 1/2" REBAR WITH RED CONTROL CAP, +/-35 WEST OF WARRIOR LANE IN-LINE WITH POWER POLE ON EAST SIDE OF ROAD. ELEV=988.07E=1538617.08N=596652.04CP100 NAD83(2011)(EPOCH 2010.00) IARTN DERIVED - US SURVEY FEET IOWA SOUTH STATE PLANE COORDINATE SYSTEM sadie.hull@lumen.com 918-547-0147 SADIE HULL CENTURYLINKFO4 - FIBER OPTIC jack@grm.net 515-897-9192 JACK JONES MI-FIBERFO3 - FIBER OPTIC upngis@upnfiber.com 816-425-3556 JOE KILZER UNITE PRIVATE NETWORKSFO2 - FIBER OPTIC FO1 - FIBER OPTIC troyer@waukee.orgW - WATER MAIN 515-987-4363S - SANITARY SEWER TIM ROYERST - STORM SEWER CITY OF WAUKEEG - GAS MAIN MECDSMDESIGNLOCATES@MIDAMERICAN.COM 515-252-6972 JAMIE NEER MIDAMERICAN ENERGYE2 - UNDERGROUND ELECTRIC CALL DESIGN SYSTEM, TICKET NUMBER 552200013, 552200014, 552200015 AND 552200016. UTILITY CONTACT FOR MAPPING INFORMATION SHOWN AS RECEIVED FROM THE IOWA ONE 93 93.0 93 C OC FO E OE 4" G 4" HPG 8" W 8" S 12" ST12" ST G G AST UST Features Existing Proposed G EB W LEGEND 8" W(*) 8" S(*) 4" G(*) 4" HPG(*) C(*) OC(*) FO(*) E(*) OE(*) DUCT(*) 93.0 UTILITY WARNING UTILITY CONTACT INFORMATION 1 UTILITY QUALITY SERVICE LEVELS THE TYPE, SIZE, CONDITION, MATERIAL, AND OTHER CHARACTERISTICS. BY ACTUAL EXPOSURE OR VERIFICATION OF PREVIOUSLY EXPOSED SUBSURFACE UTILITIES, AS WELL AS IS HORIZONTAL AND VERTICAL POSITION OF UNDERGROUND UTILITIES OBTAINEDQUALITY LEVEL (A) SUBSURFACE UTILITIES. GEOPHYSICAL METHODS TO DETERMINE THE EXISTENCE AND APPROXIMATE HORIZONTAL POSITION OF INFORMATION IS OBTAINED THROUGH THE APPLICATION OF APPROPRIATE SURFACE QUALITY LEVEL (B) QUALITY D INFORMATION. UTILITY FEATURES AND USING PROFESSIONAL JUDGMENT IN CORRELATING THIS INFORMATION WITH INFORMATION IS OBTAINED BY SURVEYING AND PLOTTING VISIBLE ABOVE-GROUND QUALITY LEVEL (C) INFORMATION IS DERIVED FROM EXISTING UTILITY RECORDS OR ORAL RECOLLECTIONS.QUALITY LEVEL (D) APPLICABLE, SIZE. THE QUALITY LEVELS ARE BASED ON THE CI / ASCE 38-02 STANDARD. QUALITY LEVELS OF UTILITIES ARE SHOWN IN THE PARENTHESES WITH THE UTILITY TYPE AND WHEN EXCEPT WHERE NOTED AS QUALITY LEVEL A. UTILITIES OR SUBSURFACE FEATURES SHOWN ARE IN THE EXACT LOCATION INDICATED SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES NOT WARRANT THAT THE SUBSURFACE FEATURES SHOWN COMPRISE ALL SUCH ITEMS IN THE AREA, EITHER IN RECORDS OBTAINED. THE SURVEYOR MAKES NO GUARANTEE THAT THE UTILITIES OR THE UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY INFORMATION AND/OR Soil Boring Mailbox Satellite Dish Sign Above Ground Storage Tank Underground Storage Tank Fence Post or Guard Post Gas Apparatus Gas Manhole Gas Valve Fiber Optic Handhole Fiber Optic Manhole Communication Handhole Communication Manhole Communication Pedestal Traffic Sign Electric Transformer Electric Box Yard Light Street Light Utility Pole with Transformer Utility Pole with Light Guy Anchor Utility Pole Well Water Service Valve Water Main Valve Fire Hydrant on Building Fire Hydrant Double Storm Sewer Intake Single Storm Sewer Intake Storm Manhole Storm Sewer with Size Sanitary Manhole (*) Denotes the survey quality service level for utilities Test Hole Location for SUE w/ID Duct Bank Sanitary Sewer with Size Water Main with Size High Pressure Gas Main with Size Gas Main with Size Overhead Electric Underground Electric Fiber Optic Overhead Communication Communication Coniferous Tree \ Shrub Deciduous Tree \ Shrub Tree Stump Tree Line Fence (Silt) Fence (Wood) Fence (Chain Link) Fence (Barbed, Field, Hog) Contour Elevation Spot Elevation CONTROL POINTS WARRIOR ALNE AND NE BADGER LANE. FOUND CUT "X", EAST BACK OF CURB OF WARRIOR LANE, NORTH OF NORTH END OF RADIUS OF ELEV=1010.92E=1538677N=591762BM500 IARTN DERIVED - US SURVEY FEET NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88 - GEOID12A) BENCHMARKS 2. OUTLOT "Z" WILL BE RETAINED BY THE CITY OF WAUKEE AS DEDICATED PARK LAND. WAY. 1. STREET LOTS "A' AND "B" WILL BE RETAINED BY THE CITY OF WAUKEE AS DEDICATED STREET RIGHT-OF- NOTES FLOOR AREA: 800 SQUARE FEET PER UNIT 1 STORY OR 14 FEET - ACCESSORY BUILDING MAXIMUM HEIGHT: 3 STORIES OR 40 FEET - PRINICIPAL BUILDING ENTIRE ROW DWELLING STRUCTURE SHALL BE CONSIDERED TO BE ONE BUILDING FOR THE PURPOSES OF DETERMINING SIDE YARD REQUIREMENTS IN ROW DWELLINGS, THE OTHER PRINCIPAL BUILDING TOTAL OF 15 FEET; ONE SIDE MAY BE REDUCED TO NOT LESS THAN 7 FEET; 15 FEET FOR ANY SIDE YARD SETBACK: TOTAL 12 FEET FOR SINGLE UNIT TOWNHOMES REAR YARD SETBACK: 30 FEET FOR DWELLING, 40 FEET FOR OTHER PERMITTED USES FRONT YARD SETBACK: 30 FEET LOT WIDTH: 20 FEET PER UNIT; 75 FEET OVERALL DENSITY: 3,500 SQUARE FEET PER UNIT BULK REGULATIONS COMMERICIAL LAND USE R-4: ROW DWELLING & TOWNHOME DWELLING DISTRICT ZONING (515) 964-2020 ERIC J. MILLER ANKENY, IOWA 50023 2727 SW SNYDER BLVD SNYDER AND ASSOCIATES, INC. ENGINEER/SURVEYOR WAUKEE IA 50263 230 W HICKMAN RD CITY OF WAUKEE, IOWA OWNER/APPLICANT PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. S.F.), INCLUDING 1.18 ACRES (51,605 S.F.) OF ROADWAY EASEMENT. 2021, PAGE 34941 IN THE DALLAS COUNTY RECORDER’S OFFICE AND CONTAINING 16.41 ACRES (715,010 P.M., CITY OF WAUKEE, DALLAS COUNTY, IOWA AS SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK SOUTHEAST 1/4 OF THE NORTHEAST 1/4, SECTION 28, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH PARCEL ’21-144’ BEING A PART OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 AND A PART OF THE PLAT DESCRIPTION VICINITY MAP NOT TO SCALE CP LEGEND Survey Found Set MPE C D R M P Easement Line 1/4 1/4 Section Line 1/4 Section Line Section Line Centerline Minimum Protection Elevation Calculated Distance Deed Distance Recorded As Measured Bearing & Distance Platted Distance Bench Mark Control Point ROW Rail ROW Marker (Unless Otherwise Noted) 1/2" Rebar, Yellow Plastic Cap #15980 1/2" Rebar, Orange Plastic Cap #19515 Section Corner 16.41 ACRES (715,010 SQUARE FEET) AREA PROJECT LOCATION 27 28 21 22 ELM ST ST SUNRISE DR VENTURE DR DEMING AVE 275TH CT MEREDITH AVE ST C A R E F R E E LN LAUREL ST CT D R R O S E L A N E N W P R AI RI E N E W H I T E T A I L L N N E C A R E F R E E L N N E C A R D I N A L LN N W A R R I O R L N 10 T H REDBUD NE GRACEWOOD DR DOUGLAS AVE U A V E W A V E N W 1 6 9 T H ILTIS CT ST ALPINE CT TANGLEWOOD C T NW 168TH HAMMONTREE CT B E R K S HI R EP K W Y BERKSHIRE PKWY N W 172ND CT C T N W 1 7 1 S T MA NW 167TH ST VISTABUENA WOOD BRIAR- CT NE FOX RUN TRL 6 T H S T 4 T H S T SE STONE A U RO R A C T W INSTON CR B E R K S H I R E P K W Y L I T T L E W A L N U T DR N VEN T U R EDR PHOEBAXTER 280TH ST CT 284TH LN N E A R C H E R A V E NE TRAVERSEDRDR WE S T GA T E N E HICKMAN RD N E D A R T M O O R D R DR GR AC EWOOD NE NE COYOTE DR NE PRAIRIE WOLF DR N E R E DF O X L N M O O R D R D A R T N ENE BADGER L N CIRCLE NW PIKE DO UGL A S A V E DOUGLAS AVE N W R O S E M O N T D R CREEK B Y D A T E R E V I S I O N M A R K S c a l e : C h e c k e d B y : E n g i n e e r : T e c h n i c i a n : D a t e : F i e l d B k : P g : Sheet of S h e e t o f P r o j e c t N o : S N Y D E R & A S S O C I A T E S , I N C . Project No: 5 1 5 - 9 6 4 - 2 0 2 0 | w w w . s n y d e r - a s s o c i a t e s . c o m A N K E N Y , I A 5 0 0 2 3 2 7 2 7 S W S N Y D E R B O U L E V A R D s b l a i s d e l l _ O R D V : \ P r o j e c t s \ 2 0 2 3 \ 1 2 3 . 0 1 3 4 . 0 1 \ C A D D \ 1 2 3 0 1 3 4 _ P P L T . d g n 2 / 6 / 2 0 2 3 4 : 1 9 : 3 6 P M D e f a u l t 1 : 6 0 V : \ R e f L i b r a r y \ C A D D S t a n d a r d s \ W o r k S p a c e \ S t a n d a r d s \ P r i n t i n g \ P e n _ T a b l e s \ d a t e . t b l V 8 i B W F u l l W e i g h t P D F . p l t c f g W A U K E E , I O W A 1230134 2 E J M S D B 0 1 / 2 3 / 2 3 1 2 3 0 1 3 4 2 P R A I R I E R O S E P L A T 2 1 " = 6 0 ' N C C P 1 0 1 C P 1 0 3 C P 1 0 0 ? C P 1 0 2 Abandoned Abandoned Abandoned ST - 0 7 S T - 0 3 S T - 0 4 P-04 8" W 12 " W 12 " W 12 " W 12 " W 12 " W 12 " W 12 " W 12 " W 12 " W 1 2 " W 1 2 " W 12 " W 1 2 " W 1 2 " W 1 2 " W 1 2 " W 1 2 " W 1 2 " W ST - 0 5 P- 0 3 P- 0 7 ST - 0 6 ST - 0 2 S T - 0 1 P- 0 1 P- 0 6 P- 0 2 8" W8" W Concrete North Warrior Lane P a i n t e d T P o s t G r e e n F . L . = 9 9 1 . 3 0 2 4 " R C P W P a i n t e d T P o s t G r e e n P a i n t e d T P o s t G r e e n L a t h w i t h S a n M H 5 0 5 G r e e n T P o s t T P o s t P a i n t e d G r e e n Manhole Possible Deep Zing Stock Pile Stock Pile S 1 8 " P R E L I M I N A R Y P L A T - 2 0 2 3 2 236899 Bk 2020, Pg Warranty Deed Bk 2015, Pg 722 Sewer Easement Existing 57' Sanitary Bk 2018, Pg 4931 Sanitary Sewer Public Utility Easement for Bk 2018, Pg 4931 Sanitary Sewer Public Utility Easement for L O T 1 R O W 5 0 ' 1 / 2 R O W 5 0 ' 1 / 2 L O T 2 L O T 3 L O T 4 B k 2 0 2 1 , P g 2 4 4 7 2 P r a i r i e R o s e P l a t 1 L O T 5 L O T 6 L O T 7 L O T 8 O U T L O T ' Y ' Bk 2014, Pg 15313 Sewer Easement Existing 57' Sanitary N00°22'49"E 372.77'M S00°22'49"W 2629.55'M FOUND 1" PIPE SEC. 28-79-26 NE CORNER FOUND CUT "X" SEC. 28-79-26 E1/4 CORNER N00°22'49"E 692.99'MN00°22'49"E 692.99'M BK 2022, PG 24930 PRAIRIE ROSE PLAT 6 OUTLOT 'Z' BK 2022, PG 24930 PRAIRIE ROSE PLAT 6 OUTLOT 'Z' BK 2021, PG 34941 PARCEL 21-144 S 8 9 ° 3 7 ' 1 1 " E 2 7 0 . 7 4 ' M S 8 9 ° 5 9 ' 0 0 " E 2 7 0 . 7 4 'PBK 2016, PG1934 PARCEL 'AA' 0 SCALE (FEET) 60 CAP #12972 YELLOW PLASTIC FOUND PIPE WITH PARCEL 'AA' SE CORNER LOT 8 NW CORNER LOT 7 NW CORNER LOT 6 NW CORNER LOT 4 NW CORNER LOT 3 NW CORNER LOT 2 NW CORNER S00°22'49"W 1563.79'M N 18°12' 04"E 726. 77'M N 17°49' 58"E 726. 77' P N24°47'55"W 222.82'M N25°07'37"W 222.82'P N04°27'36"W 328.23'M N04°49'25"W 328.23'P N 1 3 °2 5' 2 5 "E 1 1 9 . 1 8'M N 1 3 °0 3'3 6 "E 1 1 9 . 1 8'P N 8 9 ° 3 7 ' 1 7 " W 6 4 0 . 5 5 ' M N 8 9 ° 5 9 ' 0 6 " E 6 4 0 . 5 5 ' P S 6 5 °0 3 '4 0 "E 1 8 8 .9 9 'M S 6 5 °2 5 '2 9 "E 1 1 8 .9 9 'P N 57°37'43" E 140.24' M N 57°15'54" E 140.24'P N57°24'41"E 45.53'M N57°02'52"E 45.53'P N84°24'25"W 27.57'M N84°55'29"W 27.57'P N00°16'18"W 53.32'M N00°38'07"W 53.32'P N03°33'48"E 120.27'MN03°10'51"E 120.27'P S 8 9 ° 4 3 ' 2 4 " W 2 3 0 . 4 4 ' N00°22'49"E 1563.79' 6 0 . 0 0 ' 6 0 . 0 0 ' 864.67' S 8 9 ° 4 3 ' 2 4 " W 3 2 0 . 0 6 ' 511.94'170.01' 2 1 0 . 7 4 ' S45°03'06"W 35.56' S44°56'54"E 35.15' 6 0 7 . 5 5 ' M & P LOT 1 (277,873 S.F.) 6.38 ACRES STREET LOT "B" (41,633 S.F.) 0.96 ACRES LOT 2 (279,973 S.F.) 6.42 ACRES LOT "A" STREET (93,828 S.F.) 2.15 ACRES BK 2020, PG 19424 ALYVIA PLAT 1LOT 1 EXCEPT EXISTING ROAD EXCEPT PARCEL 17-179 AND EXCEPT CORRECTED FOX CREEK ESTATES PLAT 6, EXCEPT NW 10 AC, NW1/4, NW1/4 SEC. 27-79-26 EXCEPT EXISTING ROAD EXCEPT PARCEL 17-179 AND CORRECTED FOX CREEK ESTATES PLAT 6, EXCEPT FOX CREEK ESTATES PLAT 1, 4, 5 AND SW1/4, NW1/4 SEC. 27-79-26 Bk 2015, Pg 722 Sewer Easement Existing 57' Sanitary Easement 15.00' Public Utility Easement 15.00' Public Utility N 18°12' 04"E 216. 40' S00°16'36"E 40.71' S07°37'40"E 68.66' S09°44'56"W 158 .89 ' S41°39'19"E 190.18' S89°43'24"W 82.94' OUTLOT "Z" (21,703 S.F.) 0.50 ACRES Roadway Easement Existing 33.00' Easement 10.00' Public Utility Easement 10.00' Public Utility S 8 9 ° 4 3 ' 2 4 " W 3 2 3 . 3 9 ' RESIDENTIAL DISTRICT ZONING: R-3 - RENTAL MULTI-FAMILY WARRIOR CROSSING, LLC COMMERCIAL DISTRICT ZONING: C-1A - NEIGHBORHOOD WARRIOR CROSSING, LLC RESIDENTIAL DISTRICT ZONING: R-2 - ONE AND TWO-FAMILY BRIAN J & ANGELA R HELGENS JTRS Z O N I N G : R - 2 - O N E A N D T W O - F A M I L Y R E S I D E N T I A L D I S T R IC T E L I & E M I L Y H O H B A C H P A U L S E N J O N A T H A N M I C H A E L B R O W N S H I A N N E O S T E R J E S S I C A T . C A R T E R T R A G E R N I C O L E & ST U V A V A L E R I E I N C O R P O R A T E D H O M E S , G R E E N L A N D E F E N D I C S E L M A H I D A J E T & W A U K E E C I T Y O F Z O N I N G : R - 2 - O N E A N D T W O - F A M I L Y R E S ID E N T I A L D IS T R I C T SPACE DISTRICT ZONING: COS - CONSERVATION AND OPEN PRAIRIE ROSE WAUKEE, LLC SPACE DISTRICT ZONING: COS - CONSERVATION AND OPEN PRAIRIE ROSE WAUKEE, LLC OPEN SPACE DISTRICT CONSERVATION AND ZONING: COS - IOWA THE CITY OF WAUKEE, JUT Utility Trench N W D o u g la s P a r k w a y Future Bicycle/Pedestrian Trail 120.00' ROW P a r k w a y N E D o u g l a s 30' Building Setback 3 0 ' B u i l d i n g S e t b a c k 3 0 ' B u i l d i n g S e t b a c k 30' B uil di ng S et back 30' Building Setback 3 0 ' B u i l d i n g S e t b a c k 3 0 ' B u i l d i n g S e t b a c k 30' Building Setback 3 0' B u ild in g S e tb a c k 30' Building Setback