HomeMy WebLinkAbout2021-03-15-I11 Shottenkirk - NW 6th St Improvements Development Agr AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: March 15, 2021
AGENDA ITEM: Consideration of approval of a resolution approving Development Agreement
with Shottenkirk Partnership, LP related to NW 6th Street improvements.
FORMAT: Motion
SYNOPSIS INCLUDING PRO & CON: Shottenkirk Chevrolet is requesting approval of a site plan
for property that is located at 190 NW 6th Street. The proposed site plan
includes a car wash and a vehicle storage area that will be connected to the
rest of the Shottenkirk facility located to the south. The property borders NW
6th Street, which is an existing gravel road.
Per City policy, Shottenkirk is responsible for paving one lane of street,
construction of a sidewalk and half of the costs associated with utilities
(water, storm sewer). In this case, it is not feasible to make these
improvements until such time as the adjoining property to the east is
developed.
The proposed development agreement defines the obligations associated with
NW 6th Street, provides an acknowledgement that Shottenkirk is responsible
for those improvements and provides a process for payment at such time as
the property to the east is developed and NW 6th Street is improved.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Staff recommends approval of the proposed Development
Agreement.
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution
II. Proposed Development Agreement
PREPARED BY: Brad Deets, Development Services Director
REVIEWED BY:
I11
THE CITY OF WAUKEE, IOWA
RESOLUTION 2021-
APPROVING DEVELOPER’S AGREEMENT WITH SHOTTENKIRK PARTNERSHIP, LP
[NW 6TH STREET IMPROVEMENTS]
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 organiz ed Municipal
Organization; AND,
WHEREAS, Shottenkirk Partnership, LP has submitted a site plan for improvements to the property
located at 190 NW 6th Street; AND,
WHEREAS, Shottenkirk’s property is directly adjacent to NW 6th Street and will benefit from and as part
of the development of its property, they are required to undertake certain public improvements including
but not limited to the extension and improvement of NW 6th Street adjacent to the property; AND,
WHEREAS, Shottenkirk seeks to defer its obligation to undertake the improvements until such time as
the adjacent property to the east develops and proposes to pay for ½ of the cost of the improvements at
such time as NW 6th Street is improved with development of the adjoining property to the east.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa, that the
Developer’s Agreement with Shottenkirk Partnership, LP 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 15th day of March,
2021.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair
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Prepared by: Steven P. Brick, Brick Gentry P.C., 6701 Westown Parkway, Ste 100, West Des Moines, IA 50266 (515) 274-1450
Return to: City Clerk, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 (515) 987-4522
DEVELOPER'S AGREEMENT
This Developer’s Agreement entered into between the City of Waukee, an Iowa
municipal corporation in the State of Iowa (hereinafter referred to as "City”) and Shottenkirk
Partnership, LP, an Iowa Limited Partnership (hereinafter referred to as "Shottenkirk"); (The
City and Shottenkirk may also be collectively referred to as “Parties”).
WHEREAS, the City is a municipal Corporation duly formed and existing pursuant to
Iowa law; and
WHEREAS, Shottenkirk is an Iowa Limited Partnership duly formed and existing
pursuant to Iowa Law which owns, and intends to cause to be developed in the future, the
property legally described in Exhibit “A” (“Property”); and
WHEREAS, Shottenkirk’s Property is directly adjacent to 6th Street and will benefit
from, and as part of the development of its Property, they are required to undertake certain public
improvements including, but not limited to, the extension and improvement of 6th Street adjacent
to it’s Property; and,
WHEREAS, the property to the east of the Property and 6th Street consists of farm land
legally described in Exhibit “B” (“Future Development Property”) that will be developed and
platted at some point in the future and as part of the development and platting of the Future
Development Property the owner/developer will be required to undertake certain public
improvements to 6th Street, including, but not limited to, the improvement/extension of the street
and installation of curb, gutter, storm sewer, and water, as generally described on Exhibit “C”
and generally depicted on Exhibit “D” (hereinafter referred to as “Improvements”); and
WHEREAS, Shottenkirk seeks to defer its obligation to undertake the Improvements
until such time as the Future Development Property develops and proposes to pay for ½ of the
cost of the Improvements when they are undertaken by the developer/owner of the Future
Development Property; and
WHEREAS, the Parties desire to enter into an agreement setting forth the respective
obligations of the Parties.
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In consideration of the mutual promises as more particularly set forth herein, sufficiency
of which is hereby acknowledged, the Parties agree as follows
1. Shottenkirk agrees to dedicate, at no cost to the City or the owner/developer of the
Future Development Property, fee simple title, permanent utility easements, and
temporary construction easements, free from any liens or encumbrances, in a form
required by the City, for those portions of the Property necessary, in the City’s sole
discretion, to complete the Improvements when they are undertaken.
2. The City agrees that the owner/developer of the Future Development Property will be
required to complete the Improvements as part of its development and platting of the
Future Development Property in accordance with the plans and specifications,
construction drawings approved by the City and requirements imposed by applicable
Federal, State and Local authorities.
3. The estimated costs of the Improvements, at this time, are identified on Exhibit “C”
attached. Shottenkirk agrees to be obligated for 50% of the actual costs incurred by
the owner/developer of the Future Development Property in completing the
Improvements, including, but not limited to the actual costs incurred for
construction, materials, and labor related to the Improvements.
4. Upon acceptance of a bid, the owner/developer Future Development Property will
forward a copy of the accepted bid to Shottenkirk for their records and information.
As invoices are received for the work by the owner/developer of the Future
Development Property, copies of the same shall be submitted to City and Shottenkirk.
Shottenkirk shall remit payment to owner/developer of the Future Development
Property for 50% of the amount of the invoice within fourteen (14) days of the date of
the invoice. Delinquent payments will accrue interest at the rate of 1.5%
5. Shottenkirk agrees that 50% of the cost of the Improvements pursuant to the terms of
this Agreement, as well as the repayment terms associated with this agreement, have
been determined based on an appropriate allocation of the benefits received by the
Parties arising by virtue of the installation of the Improvements, and that the same
constitute appropriate assessments for the work to be performed.
6. Shottenkirk agrees that Exhibit C represents an estimate of the costs of the
improvements contemplated by virtue of this Agreement. However, Shottenkirk
understands and agrees that it’s financial obligations hereunder are based entirely
upon the actual costs incurred by the owner/developer of the Future Development
Property at the time the Improvements are undertaken and that those costs are
expected to increase over time.
7. Shottenkirk’s obligation shall constitute a lien on its property legally described as set
forth on Exhibit “A” until it satisfies it obligations hereunder and it is released by the
City.
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8. Shottenkirk understand and acknowledge that this agreement only pertains to the
matters referenced herein. Shottenkirk understands that it must follow all federal,
state and local laws as it pertains to the development and platting of their respective
properties. Approval of this agreement by the City does not constitute final site plan
approval by the City.
9. In consideration of, and in reliance on, Shottenkirk’s performance under this
agreement and payment of 50% of the costs of the Improvements when undertaken,
the City will consider Shottenkirk’s obligation to complete 50% of the Improvements
as part of the development of the Property and as part of site plan approval process,
conditionally satisfied.
10. Binding Effect. This agreement shall inure to the benefit of and be binding upon all
Parties their successors in interests or assigns, if any.
11. Enforcement. Should it become necessary for the City to enforce this agreement,
Shottenkirk shall be responsible for any and all attorney’s fees and expenses incurred
by the City in pursuit of the enforcement of this agreement.
12. 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 follow.]
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Dated: ____________________________, 2021
CITY OF WAUKEE, IOWA
By___________________________________, Mayor
By___________________________________, City Clerk
Date:___________________, 2021
(City Seal)
STATE OF IOWA )
) ss.
COUNTY OF DALLAS )
On this _____ day of _________________, 2021, 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 ______________, 20____, 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
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SHOTTENKIRK PARTNERSHIP, LP
By: ___________________________________________
Print Name: _________________________________
Title: _______________________________________
Dated:__________________________
STATE OF IOWA )
) ss.
COUNTY OF ____________)
On this _______ day of _____________, 2021, before me, a Notary Public in and for said
county, personally appeared ____________, to me personally known, who being by me duly
(sworn or affirmed) did say that he/she is the _____________ of said limited partnership, that
said instrument was signed on behalf of the said limited partnership; and, that said
____________, as such _________, acknowledged the execution of said instrument to be the
voluntary act and deed of said limited partnership, by it and by him/her voluntarily executed.
____________________________________
Notary Public in and for the State of Iowa
My Commission expires ___________
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
LOT 1 OF INTERSTATE BUSINESS VENTURES PLAT 1, AN OFFICIAL PLAT, CITY OF
WAUKEE, DALLAS COUNTY, IOWA; AND,
LOT 1 OF SHOTTENKIRK WAUKEE PLAT 2, AN OFFICIAL PLAT, CITY OF WAUKEE,
DALLAS COUNTY, IOWA.
EXHIBIT B
FUTURE DEVELOPMENT PROPERTY LEGAL DESCRIPTION
THE EAST ¾ OF THE SE ¼ OF THE SW ¼ OF SECTION 28, TOWNSHIP 79N, RANGE
26W, CITY OF WAUKEE, DALLAS COUNTY, IOWA.
ITEM NO.ITEM CODE ITEM UNIT UNIT PRICE QUANTITY TOTAL
DIVISION 1 - GENERAL
(NONE)
DIVISION 2 - EARTHWORK, SUBGRADE AND SUBBASE
2.1 2010-C-1000 Clearing & Grubbing LS 5,000.00$ 1 5,000.00$
2.2 2010-D-1000 Topsoil, On site CY 10.00$ 750 7,500.00$
2.3 2010-E-1010 Excavation, Class 10, Roadway and Waste CY 6.00$ 3,000 18,000.00$
2.5 2010-G-1012 Subgrade Preparation, 12-in.SY 4.00$ 990 3,960.00$
2.6 2010-I-1006 Modified Subbase, 6-in.CY 45.00$ 165 7,425.00$
2.7 2010-J-1000 Removals, As Per Plan LS 5,000.00$ 0 -$
DIVISION 3 - TRENCH EXCAVATION AND BACKFILL
(NONE)
DIVISION 4 - SEWERS AND DRAINS
4.1 4020-A-1324 Storm Sewer, Trenched, RCP, 24-in. LF 70.00$ 0 -$
4.2 4020-A-1515 Storm Sewer, Trenched, RCP, 15-in. LF 60.00$ 320 19,200.00$
4.3 4020-A-1518 Storm Sewer, Trenched, RCP, 18-in. LF 65.00$ 0 -$
4.4 SPECIAL Bend, Horizontal, 15" Dia. RCP EA 1,500.00$ 0 -$
4.5 SPECIAL Bend, Horizontal, 18" Dia. RCP EA 2,000.00$ 0 -$
4.6 SPECIAL Bend, Horizontal, 24" Dia. RCP EA 2,500.00$ 0 -$
4.7 4040-A-1006 Subdrain, PVC, Type 1, Case B, 6-in.LF 18.00$ 480 8,640.00$
4.8 4040-A-1008 Subdrain, PVC, 8-in.LF 45.00$ 0 -$
4.9 4040-C-1000 Subdrain, Cleanout, Type A-1 EA 700.00$ 2 1,400.00$
4.10 4040-D-1000 Subdrain, Outlet, Connection to Intake EA 750.00$ 6 4,500.00$
4.11 SPECIAL Field Tile and Fittings, PVC, Unspecified Diameter LF 25.00$ 300 7,500.00$
4.12 4060-B-1000 Video Inspection of Sewers and Culverts LS 4,000.00$ 1 4,000.00$
DIVISION 5 - WATER MAIN AND APPURTENANCES
5.1 5010-A-1008 Water Main, Trenched, PVC C900 DR18, 8-in.LF 60.00$ 240 14,400.00$
5.2 5010-A-1012 Water Main, Trenched, PVC C900 DR18, 12-in.LF 80.00$ 0 -$
5.3 5010-C-1000 Water Main Fittings LB 15.00$ 200 3,000.00$
5.4 5020-A-1008 Valve, Gate, 8-in.EA 2,000.00$ 2 4,000.00$
5.5 5020-A-1012 Valve, Gate, 12-in.EA 6,000.00$ 0 -$
5.6 5020-C-1000 Fire Hydrant Assembly EA 5,500.00$ 2 11,000.00$
5.7 5020-C-2000 Relocate Fire Hydrant Assembly EA 3,000.00$ 0 -$
DIVISION 6 - STRUCTURES FOR SANITARY AND STORM SEWER
6.1 6010-A-1548 Manhole, Storm Sewer, SW-401, 48-in.EA 4,500.00$ 0 -$
6.2 6010-A-1560 Manhole, Storm Sewer, SW-401, 60-in.EA 6,000.00$ 0 -$
6.3 6010-A-1603 Manhole, Storm Sewer, SW-403, Cast in Place, Modified EA 25,000.00$ 0 -$
6.4 6010-B-1501 Intake, SW-501, Single Grate EA 3,000.00$ 1 3,000.00$
6.5 6010-B-1503 Intake, SW-503, Single Grate with Manhole EA 4,500.00$ 0 -$
6.6 6010-B-1505 Intake, SW-505, Double Grate EA 4,500.00$ 1 4,500.00$
6.7 6010-B-1506 Intake, SW-506, Double Grate with Manhole EA 7,500.00$ 0 -$
6.8 6010-B-1512 Intake, Circular Area, SW-512, 18-in.EA 2,000.00$ 1 2,000.00$
DIVISION 7 - STREETS AND RELATED WORK
7.1 7010-A-1090 Pavement, PCC, Class C-SUD, 9-in.SY 62.00$ 830 51,460.00$
7.2 7010-A-1091 Pavement, PCC, Class C-SUD, 9-in., Stained SY 100.00$ 0 -$
7.3 7010-G-1000 Concrete Median, Capped, 6-in.SY 90.00$ 0 -$
7.4 7010-I-1000 PCC Pavement Samples and Testing LS 5,000.00$ 1 5,000.00$
7.5 7010-J-1000 Granular Surfacing, Class-A Crushed Stone, 6-in. Depth TON 45.00$ 100 4,500.00$
7.6 7030-C-1006 Shared Use Path, PCC, 6-in.SY 50.00$ 0 -$
7.7 7030-D-1000 Special Subgrade Preparation for Shared Use Path SY 5.00$ 0 -$
7.8 7030-E-1006 Sidewalk, PCC, 5-in.SY 50.00$ 270 13,500.00$
7.9 7030-G-1000 Detectable Warnings SF 45.00$ 20 900.00$
8.1 7010-A-1000 Traffic Signalization EA 260,000.00$ 0 -$
8.2 SPECIAL Joint Utility Trench LF 50.00$ 0 -$
8.3 SPECIAL Conduit, 4-in., Joint Utility Trench LF 12.00$ 0 -$
8.4 SPECIAL Conduit, 2-in., HPDE, SDR 13.5, Joint Utility Trench LF 8.00$ 0 -$
8.5 SPECIAL Handhole, Type I, Furnish and Install EA 1,000.00$ 0 -$
8.6 SPECIAL Handhole, Type IV, Furnish and Install EA 2,000.00$ 0 -$
8.7 SPECIAL Tracer Wire LF 1.00$ 0 -$
8.8 SPECIAL Pull Rope LF 0.75$ 0 -$
8.9 SPECIAL Signing LS 3,500.00$ 1 3,500.00$
8.10 8030-D-1000 Traffic Control LS 3,500.00$ 1 3,500.00$
8.11 SPECIAL Painted Pavement Markings and Symbols LS 2,500.00$ 1 2,500.00$
PROJECT
NW 6th Street Construction
Adjacent to Shottenkirk Chevy
Aproximate length 480 LF
Estimate of Project Costs
Waukee, Iowa - 2021
Sta 2007+00 to 2011+80
DIVISION 8 - TRAFFIC SIGNALS AND TRAFFIC CONTROL
Foth Infrastructure and Environment, LLC
8191 Birchwood Ct. Suite L
Johnston, Iowa 50131
Phone: 515.254.1393 1 of 2
EST_2020-1216_NW 6th STREET_Shottenkirk.xlsx
Date Prepared: 09/15/2020
Date Printed:12/17/2020
EXHIBIT C
ITEM NO.ITEM CODE ITEM UNIT UNIT PRICE QUANTITY TOTAL
PROJECT
9.1 Hydraulic Seeding, Fertilizing & Mulching, Type 1 (Permanent Lawn Mixture)ACRE 3,500.00$ 1 3,500.00$
9.2 Hydraulic Seeding, Fertilizing & Mulching, Type 4 (Urban Temporary Mixture)ACRE 2,500.00$ 1 2,500.00$
9.3 Stormwater Pollution Prevention Plan (SWPPP) Management LS 5,000.00$ 1 5,000.00$
9.4 Filter Sock, 12-in., Installation LF 2.50$ 960 2,400.00$
9.5 Filter Sock, 12-in., Removal LF 0.50$ 960 480.00$
9.6 Silt Fence or Silt Fence Ditch Check, Installation LF 2.00$ 0 -$
9.7 Silt Fence or Silt Fence Ditch Check, Maintenance and Removal LF 1.00$ 0 -$
9.8 Inlet Protection Device, Installation EA 150.00$ 2 300.00$
9.9 Inlet Protection Device, Maintenance and Removal EA 50.00$ 2 100.00$
9.10 Class E Revetment Stone TON 70.00$ 0 -$
(NONE)
11.1 11010-A-1000 Construction Staking LS 3,000.00$ 1 3,000.00$
11.2 11020-A-1000 Mobilization LS 15,000.00$ 1 15,000.00$
12.1 SPECIAL Concrete Box Culvert, Reinforced PCC, Precast,12-ft. x 5-ft.LF 1,000.00$ 0 -$
Contingencies (10%)25,000.00$
Design & Survey - (10%)28,000.00$
Construction/Admin (10%)28,000.00$
Legal and Administration (1%)3,000.00$
Street Lighting EA 6,500.00$ 2 13,000.00$
Assumptions:
1.0 Pavement Section = 37ft back-to-back 3-lane section with a 12' TWLTL; Developer portion is 15.5ft section
2.0 Modified Subbase under all pavement, 6 in. thickness
3.0 No sanitary sewer
4.0 Storm sewer is half of amount required to show the developer's portion
5.0 Extension of 8" water main along NW 6th Street is only 1/2 the quantity to show developer's portion
6.0 Street light quantity assumes a 120 ft staggered spacing, only half the quantity is shown
344,000.00$
DIVISION 9 - SITE WORK AND LANDSCAPING
PROJECT TOTAL
246,165.00$ Subtotal Construction (2021)
DIVISION 10 - DEMOLITION
DIVISION 11 - MISCELLANEOUS
DIVISION 12 - STRUCTURES
Foth Infrastructure and Environment, LLC
8191 Birchwood Ct. Suite L
Johnston, Iowa 50131
Phone: 515.254.1393 2 of 2
EST_2020-1216_NW 6th STREET_Shottenkirk.xlsx
Date Prepared: 09/15/2020
Date Printed:12/17/2020
EXHIBIT C
Shottenkirk Property Boundary
NW 6th Street Improvement Obligations
Exhibit XXX