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Home My WebLink About2014-07-07-Resolutions 14-178_Sidewalk Improvements - Wildflower Dr-LA Grant Pkwy - Development AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 14-178 RESOLUTION APPROVING A DEVELOPERS AGREEMENT ASSOCIATED WITH TRAIL IMPROVEMENTS TO SK LA GRANT PARKWAY AND SE WILDFLOWER DRIVE IN THE NAME AND BY THE AUTHOMTY OF THE CITY OF BAUXITE, I08'A WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,VisionBank of Iowa (referred to as "Property Owner"),owns property directly adjacent to City right of way (ROW)at the intersection of SE Wildflower Drive and SE LA Grant Parkway but has not yet developed;AND WHEREAS,Property Owner is required to construct a ten foot bike trail along its property adjacent to SE Wildflower Drive and SE LA Grant Parkway when the property develops;AND WHEREAS,the City and the Property Owner have been discussing the need to address non- motorized vehicle movement in the area due to Property Owners sale and/or development of other areas adjacent and in close proximity to its Property;AND WHEREAS,the City and the Property Owner have reached an agreement that the City will install a ten foot bike trail in the ROW adjacent to SE Wildflower Drive and SE LA Grant Parkway and Property Owner agrees that it shall reimburse the City for the costs associated with the improvements when the Property sells or a plat is submitted to the City for the development of the Property,whichever shall first occur. BK IT THEREFORE RESOLVED by the City Council of the City of Waukee on this 7'day of July 2014,that the agreement attached as Exhibit A,submitted by the owners of the property described above,securing their obligation to the City in connection with the SE Wildflower Drive and SE L.A.Grant Parkway trial improvements should be and the same is hereby approved. BE IT FURTHER RESOLVED the City Clerk shall cause the original to be recorded upon the property by submitting the original to the Dallas County Recorder's ffice with the appropriate recording fees. Attest: illia card,Mayor Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Casey L.Harvey Shelly Hughes Rick Peterson X X X ABSENT ABSTAIN X IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIItIImIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Book 2014 Page 8757 Document 8787 TWps AGMNT Pages 7 Dat ~7/ii72814 Time 8:88 Att Rec Amt 837.ee Chad Airharta Recorder Dallas Ccwntg IOWA llllllllllllllllllllllllllllIIIIIII MTG PCRF GKRF- ODD Dzc ~p!a:dr r',4t?a rr t',tt r 1 Br?at t art!'p f.;r701 at'.'tr rr par'star!Sta tftrt a~V!r rt''„a'I t r',;tir 5~0?6tr ilr 2?'t larrr It alt??vn:to?Ct~t"icier'?'k City?}j'tea'i?i?hl'cc 230??Va 1'!ii kiILaii goad )V?8?ik&L,ipxv'I 51L263 1'51 sj 987-4522 DEVELOPER'S AGRKKMKNT This DEVELOPER'S AGREEMENT,entered into between the City of Waukee,an Iowa municipal corporation in the State of Iowa (hereinafter referred to as "City");VisionBank of Iowa,(hereinafter referred to as "Property Owner");(collectively referred to as "Parties"). WHEREAS,Property Owner(s)owns the property legally described on Exhibit "A"( referred to as "Property");and WHEREAS,Property Owner(s)property is directly adjacent to City right of way (ROW) at the intersection of WILDFLOWER DRIVE and SE LA GRANT PARKWAY (these established streets referred to in this agreement collectively as "Streets")but has not yet developed,As a Property Owner's property develops,it is required to construct a 10 foot bike trail along its property,as generally described on Exhibit "B*',(hereinafter referred to as "Improvements");and WHEREAS,the Parties have been discussing the need to address non motorized vehicle movement in the area due to Property Owners sale and/or development of other areas adjacent and in close proximity to its Property;and WHEREAS,Property Owner and the City have reached an agre'ement that the City will install a 10 foot Bike trail in the ROW between the Streets and along and adjacent to the Property and Property Owner(s)agree that it shall reimburse the City for the costs associated with the improvements when the Property sells or a plat is submitted to the City for the development of the Property,whichever shall first occur;and WHEREAS,the Parties desire to enter into an agreement setting forth the respective obligations of the Parties. In consideration of the mutual promises as more particularly set forth herein,sufficiency of which is hereby acknowledged,the Parties agree as follows: Hook 2814 Page 8757 1 of 7 l.In consideration of Property Owner's agreement to reimburse the City as provided herein,the City agrees to undertake the Improvements set forth on Exhibit "B"in accordance with the plans and specifications,construction drawings approved by the City and requirements imposed by applicable Federal,State and Local authorities. 2,The estimated costs of the Improvements are identified on Exhibit "C"attached. Property Owner(s)understand and agree that the costs reflected on Exhibit "C" constitute only an estimate and that Property Owner(s)obligation will be based on the actual costs incurred by the City,including costs incurred by the City for construction,materials,labor,engineering and legal. 3,Pa ent b Pro ert Owner.Property Owner agrees to pay unto the City the actual cost incurred by the City in completing the Improvement,due and payable upon the submission of a plat of the Property to the City for development approval,or upon sale of the property,whichever shall first occur.This obligation shall constitute a lien on the Property. This document shall be recorded with the Dallas County Recorders Office.Property Owner's obligations hereunder shall constitute a lien against the Property described as set forth on Exhibit "A"until such time payment is made to the City by Property Owner as set forth herein,and the lien is released by the City. Parties their successors and interests or assigns,if any. 6.Enforcement.Should it become necessary for the City to enforce this agreement,the defaulting party shall be responsible for any and all attorneys fees and expenses incurred by the City in pursuit of enforcement of this agreement. 7,Jurisdiction.The Parties agree that this Agreement and amendments hereto,if any, shall be governed by the laws of the State o f Iowa.The Parties consent and agrcc that the proper venue and jurisdiction relative to the enforcement of the terms,conditions and provisions of this Agreement and amendments hereto,if any,is the Iowa District Court in and for Dallas County,Iowa. Dated:4 pl I ,2014 2pf 7 800l 2814 Page 8757 CITY OF WAUKEEy IOV'A W I:..imam ..Peards ayor hi%1 it' '',';-,. "'t;,I@5~''i;a,,k8i&ett,City Clerk -r '(CBy'Sade)' ',,8l',O'J'.,K,O.K~"IOAVA 'SS COBE%"O'Or nAI,I.,WS On this .day of ~»'',(U,I L „2014,before me,the undersigned,a Notary Public in and for the State of»iowr'«y g)rsoiially appeared William F.Peard 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 seal affixed to the foregoing instrument is the corporate seal of the corporation,and that the instrument was signed and sealed on behalf of the corporation by authority of 'its City Couricil as contained in Resolution No. "]i'bpessed by the City Connojl «ndeetbrit-C~-'tize4%~ieaneott t&n ttje day of ~Wig,2014,and that Mayor and City Clerk,as such officers, acknowledge the execution of said instrument to be the voluntary act and deed of the City of Waukee,by them voluntarily executed, j ~ +j gpss(fq Notzrjytr jjij n in end for the Spjte of is vs My Commission expires Ql r j srrjtHrrrjj Book 2814 Page 8757 3077 VisionBank of Iowa By: L V Titie:f1.rb t Pylon STATE OF IOWA ) )ss. COUNTY OF DALLAS ) On th&8 ~9+II )day et A~t%,2ilH;betbre n'le a Notarypuhhc ht an(!f07 ssut county,personally appeared.Italgwar to nte personeliy 1!nown,wito b'.in'by me dulyi'!'l'"1"!I!!::::—.:-:.—:::l"li"~e insh cnaent was signed on hehs if of the said V )~,:QgpqlttLI),"sI&d,that said Qj v~dII'IQ j4~)g'.,ss tsqupc„.t|~p:h.v wM acknowledged the execution of said instrument to be the voluntary act and deed!"'!lnsuseu=- i"AA]IN[-;j".jj',,j;s"."C0+&&&~@t(li:-t l*IU()j).-.,„,'g-';,t,+(&-"pIhtiilph'Io,tt.:,'„(',;~, :"'=-' Hook 2814 Page 87574of7 EXHIBIT A PROPERTY LEGAL DESCRIPTION Outlot Y of Stone Prairie Plat 1,an Official Plat,City of Waukee,Iowa. Book 2814 ~&gs B7~ 5of 7 EXHIBIT B: BIKE TRAIL IMPROVEMENTS EXIIIBIT C OPINION OF PROBABLE PROJECT COST Wildflower Drive (325 feet) LA Grant Parkway (400 feet) Item No.item Sidewalk,PCC 6" Sidewalk,Curb Ramp/Detectable Warnin Seeding,Fertilizing and Mulching Urban) Traffic/Pedestrian Control Mobilization Unit SY SF SF LS LS Unit Price $35.00 $30.00 $0.60 $1,000.00 $2,500.00 Quantity 805 380 2,175 Total $28,175.00 $11,400.00 $1,305.00 $1,000.00 $2,500.00 Subtotal Co nstruction $44,380.00 Contingencies +5%Base) Enttinaarinn Le ai and Administration $2,220.00 $4,400.00 $500,00 Opinion of Probable Costs $51,500.00 Book 28l4 Page 87577of7