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HomeMy WebLinkAbout2026-04-20 I06A Autumn Valley West Plat 2_Developer's Agreement AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: April 20, 2026 AGENDA ITEM: Consideration of approval of a resolution approving Developer’s Agreement with JJR Holdings, LLC [Autumn Valley West Plat 2] FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: JJR Holdings, the developer of the Autumn Valley West neighborhood, wishes to construct an additional phase of the development. Based on the number of lots previously developed with the existing development, additional phases would not be allowed until public street extensions to the north or south become available due to fire code requirements for access. JJR Holdings, LLC, does not own the properties to the north or south of Autumn Valley West and there is no timing on future public street connections from the north or south. City staff and JJR Holdings, LLC, have worked together to find an alternative to provide an emergency services access solution should it be needed by our Police or Fire Departments. The solution agreed upon would be to allow the construction of a 10-foot-wide emergency services access point across undeveloped parkland the City previously acquired to the east of Plat 2. This emergency services access would connect to an existing trail that outlets to Bel Aire Court. When the street connections to the north and south are provided the need for emergency access would no longer be needed and could be utilized as a network to build a future greenbelt trail from. The Fire Marshal has reviewed the proposed access and is comfortable that it will provide the necessary access should it be needed. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: There is no cost to the city for the construction of the emergency access across the city owned property. The developer will construct the improvements at their expense. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Staff recommends approval. RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution & Agreement PREPARED BY: Andy Kass, Community Development Director I6A REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 2026- APPROVING DEVELOPER’S AGREEMENT WITH JJR HOLDINGS, LLC [AUTUMN VALLEY WEST PLAT 2] 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, JJR HOLDINGS, LLC, desires to construct additional phases of Autmn Valley West AND, WHEREAS, Additional phases of Autmn Valley West cannot be constructed without additional emergency service access points AND, WHEREAS, the City and JJR Holdings, LLC, have worked together to find a solution to provide an emergency services access across property owned by the City of Waukee; AND, WHEREAS, the discussions have resulted in a development agreement that the City Staff believes that is 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 JJR HOLDINGS, 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 20th day of April, 2026. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Kala Anderson Chris Crone Rob Grove Lori Lyon Anna Bergman Pierce 1 Prepared by: Steven P. Brick, 6701 Westown Parkway Ste 100, West Des Moines, Iowa 50263 (515)-274-1450 Return to: City Clerk, City of Waukee, 230 W Hickman Rd, Waukee, Iowa 50263 (515) 978-7904 DEVELOPMENT AGREEMENT This Agreement, entered into among the City of Waukee, an Iowa municipal corporation in the State of Iowa (hereinafter referred to as "City") and JJR Holdings, LLC, an Iowa Limited Liability Company (hereinafter referred to as "Developer"). WHEREAS, Developer owns property legally described on Exhibit “A” (the “Property”) to be platted as Autumn Valley West Plat 2 which is being developed for residential use; and, WHEREAS, in order to develop the Property, an additional means of emergency access needs to be constructed by the Developer to serve the Property which is generally depicted on Exhibit B (“Emergency Access”) in accordance with applicable design standards and development requirements of the City, at Developer’s cost; and, WHEREAS, the route of the proposed Emergency Access partially crosses land owned by the City requiring the City to authorize and otherwise grant Developer necessary temporary construction easements; and, WHEREAS, the City recognizes that it is in the public interest that the Improvements be completed by Developer to allow one additional access for emergency personnel and equipment to serve the public in the Property area and is willing to accommodate Developer’s construction of the Emergency Access. WHEREAS, the City and Developer desire to enter into an agreement setting forth the respective obligations of the Parties and the City and the Developer agree as follows: 1. Improvements. The Developer understands and agrees that this Agreement only addresses the Emergency Access Improvement (“Improvement”) as more particularly described in Exhibit B attached hereto and incorporated herein by this reference. The Developer has other obligations associated with the platting, site plan and development of the Property and this Agreement does not in any way effect the obligations of the Developer to satisfy the obligations imposed by Federal, State and Local laws and regulations. 2. Property Dedication. As part of final plat approval, and acceptance of Improvement by the City, Developer will convey to the City a public facilities and use easement, 2 in the dimensions specified by the City, that portion of the Property containing the Improvement, free and clear of any and all liens or encumbrances. The public facilities and use easement will be in the form required by the City. In addition, all required maintenance bonds shall be provided to the City by the Developer. 3. Consent to Improvement. The City permits by this Agreement, Developer, their successors or assigns, agents, contractors and subcontractors to install the Improvement reflected in Exhibit “B” (all to City specifications), in accordance with the plans, specifications, construction drawings presented and approved by the City either now or in the future. Any changes to the plans, specifications or construction drawings must be done with the consent of the City. All City approved construction plans are incorporated herein and are made a part hereof. 4. Authorization to Construct Improvement. A portion of the Improvement being undertaken by the Developer pursuant to this agreement is being undertaken on property already acquired by the City in the area generally depicted on Exhibit B. Developer is hereby authorized, at its sole cost and expense, to complete those portions of the Improvement on the City property in accordance with the plans and specs and construction drawings approved by the City within the area legally described in Exhibit C as emergency access legal description. The Developer is granted a Temporary Construction Easement for the Area identified as such in Exhibit C to allow for the construction of the Emergency Access which shall terminate upon final plat approval and acceptance of the Improvement by the City, or December 31, 2026, whichever shall first occur. The Developer agrees to indemnify and hold harmless the City for any and all claims, demands, suits, damages or liability that may arise by virtue of their undertaking the Improvements contemplated by virtue of this Agreement, including but not limited to attorney’s fees and expenses incurred by the City in defending itself with regard to any such matters. Upon completion of said Improvements the Developer will certify completion the Improvements to the City and present evidence that all costs and expenses associated with the completion of said Improvements have been paid by the Developer together with all required maintenance bonds, and request that the City accept the dedication of the completed Improvements. After City inspection of the same 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 will finally accept the improvements and assume ownership and maintenance obligations associated with said Improvements subject to the requirements of the associated bonds. 5. Acceptance of Completed Improvements by the City. Upon completion of said Improvements the Developer will certify completion the Improvements to the City and present evidence that all costs and expenses associated with the completion of said Improvements have been paid by the Developer together with all r equired maintenance bonds, and request that the City accept the dedication of the completed Improvements. After City inspection of the same to assure adherence to the City approved plans and specifications and applicable federal, state and local laws and 3 regulations, together with all required maintenance bonds, the City will finally accept the improvements and assume ownership and maintenance obligations associated with said Improvements subject to the requirements of the associated bonds. 6. This Agreement (including all exhibits attached or to be attached to this Agreement by reference), is subject to the prior approval of the City Council of the City of Waukee, as well as the officers or partners of Developer and thereafter all parties shall be bound by this Agreement. A copy of this Agreement shall be recorded and constitute a lien on the Property owned by Developer to assure Developer completion of this Agreement. 7. Binding Effect. This agreement shall inure to the benefit of and be binding upon all parties their successors and interests or assigns, if any. 8. 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. [See Signatures on Following Pages] 4 Dated: ____________________________, 2026 ___________________________ JJR Holdings, LLC, an Iowa limited liability company By: Name (Print): Its: ACKNOWLEDGEMENTS STATE OF ______________) )ss. COUNTY OF ____________) On this _____ day of _______________, 2026, before me, the undersigned, a Notary Public in and for said County and State personally appeared ______________________________ of JJR Holdings, LLC an Iowa limited liability company, to me personally known, who being by me duly sworn, did say that they executed the within and foregoing instrument as their voluntary act and deed. __________________________________________ Notary Public in and for the State of Iowa My Commission expires _________________ 5 CITY OF WAUKEE ____________________________ Courtney Clarke, Mayor Attest: ____________________________ Rebecca D. Schuett, City Clerk STATE OF IOWA ) ) ss COUNTY OF DALLAS ) On this _____ day of __________________, 2026, before me, the undersigned, a Notary Public in and for said County and 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 of the City of Waukee, Iowa, a municipal corporation, executing the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed of the City of Waukee, by it and by them voluntarily executed. ______________________________ Notary Public in and for the State of Iowa My Commission expires _______________ 6 EXHIBIT A DEVELOPMENT PROPERTY 7 EXHIBIT B GENERAL DEPICTION OF IMPROVEMENT 8 EXHIBIT C City Land Easement Areas EMERGENCY ACCESS DESCRIPTION A PART OF OUTLOT ‘Y’, AUTUMN VALLEY PLAT 1, AN OFFICIAL PLAT AND A PART OF OUTLOT ‘X’, AUTUMN VALLEY WEST PLAT 1, AN OFFICIAL PLAT AND A PART OF OUTLOT ‘A’, AUTUMN VALLEY PLAT 2, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 74, AUTUMN VALLEY PLAT 2, AN OFFICIAL PLAT; THENCE SOUTH 89°45'20" EAST ALONG THE SOUTH LINE OF SAID LOT 74, A DISTANCE OF 26.93 FEET; THENCE SOUTH 12°03'49" WEST, 14.32 FEET; THENCE WESTERLY ALONG A CURVE CONCAVE NORTHERLY WHOSE RADIUS IS 75.00 FEET, WHOSE ARC LENGTH IS 170.45 FEET AND WHOSE CHORD BEARS SOUTH 77°10'10" WEST, 136.06 FEET; THENCE WESTERLY ALONG A CURVE CONCAVE SOUTHERLY WHOSE RADIUS IS 75.00 FEET, WHOSE ARC LENGTH IS 83.84 FEET AND WHOSE CHORD BEARS NORTH 69°45'00" WEST, 79.54 FEET; THENCE SOUTH 78°13'27" WEST, 151.82 FEET TO THE EAST LINE OF LOT 59, AUTUMN VALLEY WEST PLAT 1; THENCE NORTH 11°46'33" WEST ALONG THE EAST LINE OF SAID LOT 59, A DISTANCE OF 25.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 59; THENCE NORTH 11°46'33" WEST ALONG THE EAST LINE OF LOT 58, AUTUMN VALLEY WEST PLAT 1, A DISTANCE OF 25.00 FEET; THENCE NORTH 78°13'27" EAST, 151.82 FEET; THENCE EASTERLY ALONG A CURVE CONCAVE SOUTHERLY WHOSE RADIUS IS 125.00 FEET, WHOSE ARC LENGTH IS 139.74 FEET AND WHOSE CHORD BEARS SOUTH 69°45'00" EAST, 132.57 FEET; THENCE EASTERLY ALONG A CURVE CONCAVE NORTHERLY WHOSE RADIUS IS 25.00 FEET, WHOSE ARC LENGTH IS 56.82 FEET AND WHOSE CHORD BEARS NORTH 77°10'10" EAST, 45.35 FEET; THENCE NORTH 12°03'49" EAST, 3.85 FEET TO THE SOUTH LINE OF LOT 75, AUTUMN VALLEY PLAT 2; THENCE SOUTH 89°45'20" EAST ALONG SAID SOUTH LINE, 24.15 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.44 ACRES THE PROPERTY IS SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION A PART OF OUTLOT ‘Y’, AUTUMN VALLEY PLAT 1, AN OFFICIAL PLAT AND A PART OF OUTLOT ‘X’, AUTUMN VALLEY WEST PLAT 1, AN OFFICIAL PLAT AND A PART OF OUTLOT ‘A’, AUTUMN VALLEY PLAT 2, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 74, AUTUMN VALLEY PLAT 2, AN OFFICIAL PLAT; THENCE SOUTH 89°45'20" EAST ALONG THE SOUTH LINE OF SAID LOT 74, A DISTANCE OF 26.93 FEET; THENCE SOUTH 12°03'49" WEST, 14.32 FEET; THENCE WESTERLY ALONG A CURVE CONCAVE NORTHERLY WHOSE RADIUS IS 75.00 FEET, WHOSE ARC LENGTH IS 170.45 FEET AND WHOSE CHORD BEARS SOUTH 77°10'10" WEST, 136.06 FEET; THENCE WESTERLY ALONG A CURVE CONCAVE SOUTHERLY WHOSE RADIUS IS 75.00 FEET, WHOSE ARC LENGTH IS 83.84 FEET AND WHOSE CHORD BEARS NORTH 69°45'00" WEST, 79.54 FEET; THENCE SOUTH 78°13'27" WEST, 151.82 FEET TO THE EAST LINE OF LOT 59, AUTUMN VALLEY WEST PLAT 1; THENCE NORTH 11°46'33" WEST ALONG THE EAST LINE OF SAID LOT 59, A DISTANCE OF 25.00 FEET TO 9 THE NORTHEAST CORNER OF SAID LOT 59; THENCE NORTH 11°46'33" WEST ALONG THE EAST LINE OF LOT 58, AUTUMN VALLEY WEST PLAT 1, A DISTANCE OF 25.00 FEET; THENCE NORTH 78°13'27" EAST, 244.35 FEET TO THE NORTHEAST LINE OF OUTLOT ‘A’, AUTUMN VALLEY PLAT 2; THENCE SOUTH 55°35'33" EAST ALONG SAID NORTHEAST LINE, 90.09 FEET TO THE SOUTHEAST CORNER OF SAID OUTLOT ‘A’; THENCE SOUTH 89°45'20" EAST ALONG THE SOUTH LINE OF LOT 75, AUTUMN VALLEY PLAT 2, A DISTANCE OF 28.65 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.53 ACRES THE PROPERTY IS SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.