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HomeMy WebLinkAbout2023-05-01 J11 Remington Pointe_Developers Agreement AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: May 1, 2023 AGENDA ITEM: Consideration of approval of a resolution approving a Development Agreement with Phillips-Hamilton, Inc. and Remington Pointe, LLC (Remington Pointe) FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: Remington Pointe is a proposed development located south of University Ave and east of T Avenue. The developer, Remington Pointe, LLC, proposes to develop a multi-phase project consisting of residential and commercial land uses. In order to develop the property, the paving of University Avenue is required. In lieu of having the applicant pave only a portion of University Avenue, the applicant will install an asphalt overlay as part of the plat improvements if they have not already been completed by the developer to the north. In return, the City, in the future will complete the permanent pavement of University Avenue. In addition, paving of 11th Street along the east plat boundary is necessary. The agreement includes the requirement of an asphalt overlay of the existing gravel road which the City will make permanent improvements in the future. The developer will provide reimbursement for future costs associated with University Avenue and 11th Street as part of the platting of each phase of the project. The developer will also install a public sanitary sewer across City owned property. The agreement includes provisions for easement and reimbursement for crop damages to the tenant farmer. 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 J11 THE CITY OF WAUKEE, IOWA RESOLUTION 2023 - APPROVING DEVELOPER’S AGREEMENT FOR REMINGTON POINTE [PHILLIPS-HAMILTON, INC. & REMINGTONG POINTE, 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 Remington Pointe (Ordinance 3058) located east of T Avenue and south of University Avenue; AND, WHEREAS, the City has been in discussion with the owner, Phillips-Hamilton, Inc. and the developer, Remington Pointe, 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 Phillips-Hamilton, Inc, and Remington Pointe, 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 1st day of May, 2023. ____________________________ 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, Suite 100, West Des Moines, IA (515) 274-1450 Return to: City Clerk, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 (515) 978-7900 DEVELOPER’S AGREEMENT This Agreement, entered into between the City of Waukee, an Iowa municipal corporation in the State of Iowa (" the City"); and Phillips-Hamilton, Inc. an Iowa corporation, and Remington Pointe, LLC, an Iowa limited liability company (collectively as “Property Owner”); (the City and Property Owner may also be collectively referred to as the “Parties”). WHEREAS, Property Owner presently owns certain real property located within the corporate limits of the City and presently legally described as: PARCEL “22-147” AND PARCEL “22-148” AS SHOWN ON THE “AMENDED” PLAT OF SURVEY RECORDED IN BOOK 2022, PAGE 24967, BEING A PART OF GOVERNMENT LOTS 1 AND 2, SECTION 1, TOWNSHIP 78 NORTH, RANGE 27 WEST OF THE FIFTH PRINCIPAL MERIDIAN, ALL IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA AND CONTAINING 79.24 ACRES (3,451,657 SQUARE FEET)(the “Property”); and. WHEREAS, Property Owner intends to develop the Property as single-family, multi- family, and commercial subdivisions in multiple phases in accordance with this Agreement and the City subdivision requirements; and WHEREAS, as part of the development of the Property, Property Owner must make certain public improvements to University Avenue and 11th Street and dedicate certain right-of- way (“ROW”) to accommodate the increased traffic and other burdens upon the City resulting from the development of the Property; and WHEREAS, surrounding properties in the area of the Property have the same responsibilities pertaining to the development of their properties and there needs to be coordination with respect to the public improvements pertaining to the development of their respective properties; and 2 WHEREAS, the Parties desire to enter into an agreement setting forth their respective understandings and the obligations of the Parties. NOW THEREFORE, in consideration of the mutual promises as more particularly set forth herein, sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Scope. The Parties agree that this Agreement is expressly limited to those matters particularly described herein. Property Owner has other obligations associated with the platting, site planning and development of the Property imposed by federal, state and local laws and regulations. The Parties agree that this Agreement does not in any way affect those obligations. 2. University Avenue Permanent Improvements. Property Owner understands and agrees that the City subdivision regulations provide that as part of the development of the Property, Property Owner is responsible for the construction of one-half of a 31 foot wide urban PCC street section including storm sewer, streetlights, and 5 foot sidewalk along that portion of University Avenue adjoining the Property (collectively the “University Avenue Improvements”). In lieu of Property Owner making the University Avenue Improvements, the Parties agree that the City shall make the University Avenue Improvements and that the Property Owner shall reimburse the City for the cost of the University Avenue Improvements on a per acre pro rata basis spread over the entire 79.31 acres of the Property payable at the time of the platting of each portion of the Property. The total cost of the University Avenue Improvements shall be deemed to be $741,271.00 as set forth on Exhibit A attached hereto. The City shall complete the University Avenue Improvements at a point in the future when the properties on the other side of University Avenue are developed. Property Owner and the City agree that the payment described in this paragraph shall satisfy Property Owner’s obligations to improve University Avenue in connection with the development of the Property, except as otherwise provided in this Agreement. Notwithstanding the foregoing, the amount due from Property Owner pursuant to this paragraph shall be reduced by the Temporary HMA Overlay Cost (described below). 3. 11th Street Permanent Improvements. Property Owner understands and agrees that the City subdivision regulations provide that, as part of the development of the Property, Property Owner is responsible for the construction of one-half of a 31 foot wide urban PCC street section including storm sewer, streetlights, and 5 foot sidewalk along that portion of 11th Street adjoining the Property (collectively the “11th Street Improvements”). In lieu of Property Owner making to the 11th Street Improvements, the Parties agree that the City shall make the 11th Street Improvements and that the Property Owner shall reimburse the City for the cost of the 11th Street Improvements on a per acre pro rata basis spread over the entire 79.31 acres of the Property payable at the time of the platting of each portion of the Property. The total cost of the 11th Street Improvements shall be deemed to be $462,615.00 as set forth on Exhibit B attached hereto. The City shall complete the 11th Street Improvements at a point in the future when the properties on the other side of 11th Street are developed. Property Owner and the City agree that the payment described in this paragraph shall satisfy 3 Property Owner’s obligations to improve 11th Street in connection with the development of the Property, except as otherwise provided in this Agreement. 4. Temporary HMA Overlay. Property Owner shall complete the construction of an asphalt overlay over those portions of University Avenue and 11th Street adjoining the Property to the extent is the same has not been completed by the date of this Agreement. The work under this paragraph shall include the construction of an asphalt overlay (i) on University Avenue from the eastern property line to the western property line of the Property and (ii) on 11th Street from the northern property line to the southern property line of the Property, which is generally depicted on Exhibit C attached hereto (the “Asphalt Overlay Project”). Prior to commencing that portion of the Asphalt Overlay Project on University Avenue, Property Owner shall contact the developer of the property to the north to determine if that developer has contracted to complete any portion of the asphalt overlay on University Avenue adjoining the Property to avoid unnecessary expense and duplication. Property Owner shall obtain two quotations for the Asphalt Overlay Project and shall submit the same to the City of Waukee Public Works Director/City Engineer for approval. Property Owner shall proceed with the Asphalt Overlay Project in accordance with the quote approved by the City, which amount shall be referred to as the “Temporary HMA Overlay Cost.”. Property Owner shall submit proof of payment for the Temporary HMA Overlay Cost to the contractor engaged by Property Owner to complete the asphalt overlay to the City upon completion of the Asphalt Overlay Project. Property Owner shall complete the Asphalt Overlay Project by October 31, 2023. 5. University Avenue Property Dedication and Easements. Property Owner understands and agrees that the portion of University Avenue adjacent to the Property is planned by the City to be improved as a 4 lane parkway, potentially in phases. Property Owner shall, within 30 days after written request by the City, or upon final plat approval of each portion of the Property adjacent to University Avenue, dedicate to the City, at no cost to the City, fee title, free of any liens or encumbrances, ROW for University Avenue adjacent to the Property (the “University Avenue ROW”). The City shall specify the size of the University Avenue ROW, which shall be 60 feet wide along University Avenue and 67.5 feet wide at or around planned intersections. In addition, Property Owner shall, within 30 days after written request by the City or upon final plat approval of each portion of the Property adjacent to University Avenue, grant to the City, at no cost to the City, temporary construction easements, on forms reasonably requested by the City, adjacent to the University Avenue ROW (the “University Avenue Easements”). The City shall specify the University Avenue Easements, which shall be 15 feet along the University Avenue ROW. 6. 11th Street Property Dedication and Easements. Property Owner shall, within 30 days after written request by the City or upon final plat approval of each portion of the Property adjacent to 11th Street, dedicate to the City, at no cost to the City, fee title free of any liens or encumbrances, ROW for 11th Street adjacent to the Property (the “11th Street ROW”). The City shall specify the size of the 11th Street ROW, which shall be 35 feet wide along 11th Street and 40 feet wide at or around planned 4 intersections. In addition, Property Owner shall, within 30 days after written request by the City upon final plat approval of each portion of the Property adjacent to 11th Street, grant to the City, at no cost to the City, temporary construction easements, on forms reasonably requested by the City, adjacent to the 11th Street ROW (the “11th Street Easement”). The City shall specify the size of the 11th Street Easements, which shall be at a minimum of 15 feet and at a maximum of 30 feet along the 11th Street ROW. 7. Water Main Extension. Property Owner understands and agrees that it is responsible for the construction of a portion of a water main along University Avenue adjacent to the Property, which water main will be used, in part, to serve the developments within the Property (the “Water Main Improvement”). In lieu of Property Owner making the Water Main Improvements, the Parties agree that the City shall make the Water Main Improvements and that the Property shall reimburse the City for the cost of the Water Main Improvements on a per acre pro rata basis spread over the entire 79.31 acres of the Property payable at the time of the platting of each portion of the Property. The total cost of the Water Main Improvements shall be deemed to be $116,551.00 as set forth on Exhibit D attached hereto. 8. Sanitary Sewer Extension. Property Owner understands and agrees that there is not existing gravity sanitary sewer infrastructure currently serving the Property, which requires Property Owner to extend sanitary sewer across other properties to accommodate the development of the Property. In order to extend sanitary sewer to the Property, Property Owner must extend sanitary sewer across property owned by the City in the area depicted on Exhibit E attached hereto. The City hereby grants Property Owner a temporary construction easement within the easement area described on Exhibit E to complete the Sanitary Sewer Project in accordance with construction drawings approved by the City, under the following terms and conditions: a) Property Owner shall obtain two quotations for the Sanitary Sewer Project and shall submit the same to the City Public Works Director/City Engineer for approval. Property Owner shall proceed with the Sanitary Sewer Project in accordance with the quote approved by the City. b) Property Owner shall complete the construction of the Sanitary Sewer Project and restore the grade of the surface by no later than December 31, 2023. The construction easement described above shall terminate on that date. c) Property Owner shall compensate the farm tenant for any crop loss that occurs as a result of the Sanitary Sewer Project. The crop loss is estimated to be $1,200.00 however Property Owner shall be responsible for the actual crop loss. d) Property Owner agrees to indemnify and hold harmless the City for any and all claims, demands, suits, damages or liability arising out of or related to the 5 Sanitary Sewer Project, including but not limited to attorney’s fees and expenses incurred by the City in defending itself with regard to any such matters, except any and all claims, demands, suites, damages or liability arising out of or related to the negligent acts or omissions of the City. Upon completion of the Sanitary Sewer Project, the Property Owner shall certify the completion of the Sanitary Sewer Project to the City and present to the City evidence that all costs and expenses associated with the Sanitary Sewer Project have been paid by Property Owner, together with delivery of all required maintenance bonds, and request that the City accept the dedication of the completed improvements. After inspection of the improvements to assure adherence to the City approved plans and specifications and applicable federal, state and local laws and regulations, together with all required maintenance bonds, the City shall accept the improvements and assume ownership and maintenance obligations associated with improvements subject to the requirements of the associated bonds. e) Property Owner shall assure that any and all contractors engages to the Sanitary Sewer Project carry commercial and general liability insurance as well as workers compensation insurance. 9. Sanitary Sewer Connection Fees. Upon satisfaction of all obligations under Paragraph 8 above, Property Owner shall receive a credit to be applied against the sanitary sewer connection fees due for the Property (the “Connection Fee Credit.”) The amount of the Connection Fee Credit shall be equal to the actual cost of the Sanitary Sewer Project, not to exceed $142,722.00. The Connection Fee Credit shall be applied on a per acre pro rata basis spread over the entire 79.31 acres of the Property applied at the time of the platting of each portion of the Property. 10. Limits of this Agreement. This Agreement pertains only to the matters specifically addressed herein, and is not intended to address, alter, or otherwise effect other obligations of Property Owner required as part of the platting and the development of the Property. Except as specifically provided in this Agreement, nothing herein shall change or otherwise effect the obligations of Property Owner to pay applicable connection fees as part of the platting and development of the Property. 11. Binding Effect. This Agreement shall inure to the benefit of and be binding upon all Parties, their successors in 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. 12. 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. 6 13. 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. [Signature pages to follow.] 7 CITY OF WAUKEE, IOWA By: ___________________________________ Courtney Clarke, Mayor By: ___________________________________ Rebecca D. Schuett, City Clerk Date:___________________, 2023 (City Seal) 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 8 REMINGTON POINTE, LLC By: ___________________________________________ William B. Spencer, Manager Dated:__________________________, 2023 STATE OF IOWA, __________________ COUNTY, ss: On this ____ day of ______________, 2023, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared William B. Spencer, to me personally known, who being by me duly sworn, did say that the person is the Manager of Remington Pointe, LLC, an Iowa limited liability company, and that the instrument was signed on behalf of the company; and that the 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 Iowa 9 PHILLIPS-HAMILTON, INC. By: ___________________________________________ Phillips Hamilton, President Dated:__________________________, 2023 STATE OF IOWA, __________________ COUNTY, ss: On this ____ day of ______________, 2023, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Phillips Hamilton, to me personally known, who being by me duly sworn, did say that the person is the President of Phillips-Hamilton, Inc., an Iowa corporation, and that the instrument was signed on behalf of the company by authority of its Board of Directors; and that the 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 Iowa University Ave - Remington Pointe Opinion of Cost Item Description Unit Unit Cost Quantity Cost Subgrade Preparation SY 5$ 5,009 25,044$ Modified Subbase CY 50$ 835 41,741$ 9-inch PCC, Non-reinforced, C-4, w/ CD Baskets SY 85$ 4,436 377,098$ 4-inch PCC Sidewalk SY 45$ 1,431 64,400$ Storm Sewer < 36-inches LF 115$ 1,188 136,620$ Intakes and Manholes EA 5,000$ 10 50,000$ Subdrains LF 18$ 2,576 46,368$ Street Lighting EA 8,000$ 8 60,000$ Total Cost 741,271$ Assumptions: University Ave Frontage length 2,576.0 ft Paving width 15.5 ft Subgrade Prep width 17.5 ft Modified Subbase width 17.5 ft Modified Subbase depth 0.5 ft Sidewalk width 5.0 ft Storm Sewer Cross Runs 10.0 EA Storm Sewer Cross Run length 20.0 ft Longitudinal Storm Sewer length 988.0 ft Street Lights 7.5 EA EXHIBIT A 11th St - Remington Pointe Opinion of Cost Item Description Unit Unit Cost Quantity Cost Subgrade Preparation SY 5$ 2,536 12,678$ Modified Subbase CY 50$ 423 21,130$ 8-inch PCC, Non-reinforced, C-4, w/ CD Baskets SY 85$ 2,246 190,891$ 4-inch PCC Sidewalk SY 55$ 724 39,844$ Storm Sewer < 36-inches LF 115$ 432 49,680$ Intakes and Manholes EA 5,000$ 4 20,000$ Water Main, Trenched, 12-inch LF 43$ 1,304 55,420$ Hydrant Assembly EA 6,000$ 3 15,000$ Water Valve, 12-inch EA 2,500$ 1 2,500$ Subdrains LF 18$ 1,304 23,472$ Street Lighting EA 8,000$ 4 32,000$ Total Cost 462,615$ Assumptions: 11th St Frontage length 1,304.0 ft Paving width 15.5 ft Subgrade Prep width 17.5 ft Modified Subbase width 17.5 ft Modified Subbase depth 0.5 ft Sidewalk width 5.0 ft Storm Sewer Cross Runs 4.0 EA Storm Sewer Cross Run length 20.0 ft Longitudinal Storm Sewer length 352.0 ft Street Lights 4.0 EA EXHIBIT B 67 10 9 1 0 8 1 0 7 1 0 6 1 0 5 1 0 4 10 3 1 0 2 1 0 1 1 0 0 9 9 9 8 97 9 6 9 5 9 4 9 3 9 2 91 9 0 8 9 8 8 8 7 36 11 4 PR A I R I E C L O V E R P L A C E 11 3 86 373839 11 2 11 1 11 0 WE R T H M A N D R I V E UN I V E R S I T Y A V E 1 OUTLOT 'W' OUTLOT 'V' OUTLOT 'S' OUTLOT 'R' OUTLOT 'Y' 234 5 6 7891011121314 1516 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 10 0 10 1 10 2 10 3 10 4 10 5 10 6 10 7 10 8 10 9 11 0 11 1 11 2 11 3 11 4 11 5 11 6 11 7 11 8 11 9 12 0 12 1 12 2 12 3 12 4 12 5 12 6 12 7 1 2 8 12 9 13 0 13 1 13 2 13 3 13 4 13 5 13 6 13 7 13 8 13 9 14 0 14 1 142A 143A 144A 145A 146A 147A 148A 149A 150A 151A 152A 153A 154A 155A 156A 157A 158A 159A 160A 161A 162A 143B 144B 145B 146B 147B 148B 149B 150B 151B 152B 153B 154B 155B 156B 157B 158B 159B 160B 161B 162B MERCER WAY 11TH STREET 17TH STREET BL O O M F I E L D D R I V E OU T L O T ' P ' OU T L O T ' N ' CO U N T R Y S I D E W A Y 142B SU N N Y S I D E D R I V E OUTLOT 'T' OUTLOT 'U' OUTLOT 'Q' OUTLOT 'Z' CIVIL DESIGN ADVANTAGE 21 1 1 . 8 9 3 REMINGTON POINTE REVISIONS DATE WAUKEE, IOWA 10 PRELIMINARY PLAT FIRST SUBMITTAL 11/08/2022ENGINEER: EKO ENGINEER: GH/JWM TECH: MST PHONE: (515) 369-4400 4121 NW URBANDALE DRIVE URBANDALE, IA 50322 SECOND SUBMITTAL 12/13/2022 THIRD SUBMITTAL 01/03/2023 1 VI C I N I T Y M A P : WA U K E E , I A re m i n g t o n p o i n t e WA U K E E , I O W A PR E L I M I N A R Y P L A T F O R : re m i n g t o n p o i n t e UTE AVENUE UN I V E R S I T Y A V E HI C K M A N R O A D CI T Y O F W A U K E E CO R P O R A T E L I M I T S PR O J E C T OW N E R ZO N I N G DE V E L O P M E N T S U M M A R Y EN G I N E E R / S U R V E Y O R : DA T E O F S U R V E Y : BU L K R E G U L A T I O N S : BE N C H M A R K : PA R K L A N D D E D I C A T I O N UT I L I T Y W A R N I N G : ‘‘ DE V E L O P E R LE G E N D : P R E L I M I N A R Y N O T F O R C O N S T R U C T I O N GE N E R A L N O T E S LE G A L D E S C R I P T I O N DE V E L O P M E N T S C H E D U L E P L A T 1 P L A T 2 P L A T 3 P L A T 6 P L A T 5 P L A T 4 EXHIBIT C University Ave Water Main - Remington Pointe Opinion of Cost Item Description Unit Unit Cost Quantity Cost 12" Water Main LF 45$ 2,576 116,551$ Total Cost 116,551$ Assumptions: University Ave Frontage length 2,576.0 ft As Constructed Cost to Install 90$ per ft EXHIBIT D S11°20'12"E 37.26' S78°39'48"W 221.26' N83°59'23"W 2 3 1 . 9 3 ' N89°26'43"W 695.41' N00°25'17"E 60.00' S89°26'43"E 1135.26' TEMPORARY CONSTRUCTION EASEMENT UNIVERSITY AVENUE TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION OWNER EXHIBIT 'E' - EASEMENT PLAT PH: (515) 369-4400CIVIL DESIGN ADVANTAGE 1 1 WAUKEE, IOWA URBANDALE, IA 50322 4121 NW URBANDALE DRIVE 2211.766 U A V E PT GOV'T LOT 2 SEC 6-78-26 EASEMENT PLAT