HomeMy WebLinkAbout2020-03-02-J05 Development Agreement - Kettlestone Boulevard AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: March 2, 2020
AGENDA ITEM: Consideration of approval of a resolution approving a development
agreement [Kettlestone Boulevard]
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: The City Council has previously approved a
preliminary plat for Ashworth West located south of Ashworth Road and west of Grand Prairie
Parkway. As a part of the public improvements, the developer is responsible for the construction
of a portion of Kettlestone Boulevard west of Grand Prairie Parkway.
Per City policy, the developer is responsible for the construction of a through lane in each
direction plus a left turn lane at the intersection with Grand Prairie Parkway. In order to align
with Kettlestone Boulevard on the east side of Grand Prairie Parkway, additional lanes are
required to be built now beyond the three lane section required of the developers.
The proposed development agreement will allow for a reimbursement of the additional lane
expenses beyond what is required of the developers.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $296,386.65
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: As a part of the annual Capital Improvements Plan
budget, money is set aside specifically for these types of projects and
funding is available for the reimbursement of this project.
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution
II. Development Agreement
PREPARED BY: Brad Deets, Development Services Director
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
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THE CITY OF WAUKEE, IOWA
RESOLUTION 2020-
APPROVING DEVELOPMENT AGREEMENT BETWEEN CITY OF WAUKEE,
OAKLEAF PROPERTIES, LC AND AP GPP, LC [KETTLESTONE BOULEVARD]
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, AP GPP, LC has submitted a preliminary plat for Ashworth West Plat 1; AND,
WHEREAS, the plat will include the construction of SE Kettlestone Boulevard along the
southern boundary of the AP GPP, LC property; AND,
WHEREAS, Oakleaf Properties LC owns property directly south of the plat and shares
responsibilities for the construction of SE Kettlestone Boulevard adjacent to their property;
AND,
WHEREAS, a Development Agreement has been prepared which identifies the responsibilities
and obligations of Oakleaf Properties, LC, AP GPP, LC and the City of Waukee related to the SE
Kettlestone Boulevard improvements.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this
2nd day of March, 2020, that it hereby approves the Development Agreement between the City of
Waukee, Oakleaf Properties, LC and AP GPP, LC related to the construction of SE Kettlestone
Boulevard.
____________________________
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: Stuart A. Ruddy, 5000 Westown Parkway Suite 400, West Des Moines, Iowa 50266 (515) 223-4000
Return to: City Clerk, City of Waukee, 230 Highway 6, Waukee, Iowa 50263 (515) 987 -4522
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"); Oakleaf Properties, L.C., an Iowa Limited
Liability Company with its principal place of business in the City of West Des Moines, Dallas
County, Iowa, (hereinafter referred to as "Oakleaf"); and AP GPP, L.C., an Iowa limited liability
company with its principal place of business in the City of West Des Moines, Polk County, Iowa,
(hereinafter referred to as "AP GPP"). (Oakleaf and AP GPP may also be identified herein
collectively as "Private Parties".);
WHEREAS, Oakleaf Properties, L.C., owns Property legally described as:
SEE EXHIBIT “A”
and seeks to develop the same (hereinafter referred to as “Oakleaf Property”);
WHEREAS, AP GPP owns Property legally described as:
SEE EXHIBIT “B”
and seeks to develop the same (hereinafter referred to as “AP GPP Property”);
WHEREAS, the Private Parties respective properties are located directly adjacent to Grand
Prairie Parkway and the Private Parties seek to develop their properties but require the
development of a road and intersection at Grand Prairie Parkway of a new street to be known as
SE Kettlestone Boulevard for access into their respective properties and, seek to construct said
intersection, at their cost, in accordance with applicable design standards and development
requirements of the City;
WHEREAS, the Private Parties are responsible for the initial construction of SE
Kettlestone Boulevard adjacent to their property which shall include a minimum of a thirty-one
(31) foot wide, four-lane street as well including a left turn lane, and a right turn lane at the
intersection of SE Kettlestone Boulevard and Grand Prairie Parkway;
WHEREAS, in anticipation of the high traffic volumes expected along Grand Prairie
Parkway, the City has requested the need for additional street improvements to SE Kettlestone
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Boulevard, including an additional two (2) lanes of street, a transitional right turn lane, and an
additional left turn lane at the intersection of Grand Prairie Parkway, which are above and beyond
the minimum requirements required by the Private Parties;
WHEREAS, AP GPP is preparing to undertake to develop the AP GPP Property and is
preparing to undertake the platting and site plan process as well as complete the public
improvements required as part of the development of the AP GPP Property;
WHEREAS, Oakleaf has been preliminarily consulting with the City about the
requirements associated with development of the Oakleaf Property and has indicated a desire to
participate with AP GPP on the SE Kettlestone Boulevard improvements set forth in Exhibit C and
Exhibit D to complete a portion of the anticipated plat and site plan requirements for the Oakleaf
Property;
WHEREAS, the parties have negotiated a method of completing the Kettlestone Boulevard
Improvements;
WHEREAS, the City and the Private Parties intend to agree upon their respective
obligations regarding the Improvements;
NOW, THEREFORE, in consideration of the Recitals, which are a part of this Agreement,
and the mutual covenants and Agreements herein contained, the City and the Private Parties hereby
agree as follows:
1. Improvements. The Private Parties understand and agree that this Agreement only
addresses SE Kettlestone Boulevard Improvements (“Improvements”) as more
particularly described in Exhibit C and Exhibit D attached hereto and incorporated
herein by this reference. The Private Parties have other obligations associated with
the platting, site plan and development of the Oakleaf Property and the AP GPP
Property, respectively, and this Agreement does not in any way effect the
obligations of the Private Parties to satisfy the obligations imposed by Federal, State
and Local laws and regulations.
2. Property Dedication. As part of final plat and site plan approval, and acceptance
of improvements by the City, AP GPP will dedicate to the City, free and clear of
any encumbrances or liens, the property legally described on the approved final plat
and site plan approved by the City and as provided on Exhibit E. As part of the
dedication process, AP GPP will provide all necessary documents including, but
not limited to, Warranty Deed, Groundwater Hazard Statement and Declaration of
Value for the purpose of effectuating the dedication to the City. In addition, all
required maintenance bonds shall be provided to the City by AP GPP.
As soon as reasonably possible after the execution of this Agreement, Oakleaf will
dedicate and convey unto the City, free of any encumbrances and liens, the property
legally described as provided on Exhibit F, which is attached hereto and
incorporated by reference via a Warranty Deed, with all other necessary documents
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including, but not limited to, a Groundwater Hazard Statement and Declaration of
Value for the purpose of effectuating the dedication to the City.
3. Private Party Roadway Improvements for Kettlestone Boulevard
A. The Private Parties agree to undertake and finance in a cooperative effort
the Improvements described on Exhibit C in accordance with the plans and
specifications, and construction drawings approved by the City and
requirements imposed by applicable Federal, State and Local authorities.
Notwithstanding anything to the contrary contained herein, any trails and
sidewalks shown or described on the plans and specifications and
construction drawings shall be completed by the Private Parties when the
Oakleaf Property or the AP GPP Property are developed and shall not be
constructed as part of the Improvements under this Agreement.
B. Prior to undertaking the Improvements, the Private Parties shall obtain at
least two quotations the Improvements, or each separate portion of the
Improvements, in a form that identifies each “Item”; “Total”; “Unit”; and
“Unit Price”, which the Private Parties are responsible for financing and
undertaking as set forth in Exhibit D. The quotations received by the Private
Parties shall be submitted to the City for approval and the City shall have
fourteen (14) days to approve or reject the lowest quotation submitted by
the Private Parties. In the event the City does not approve the quotations,
the Private Parties shall not proceed with the Improvements and either this
Agreement shall be terminated and be of no further effect, or the quotation
submitted shall be required to be requoted, as the City determines in its sole
discretion.
C. Within thirty (30) days of quote approval by the City, the Private Parties
agree to cause to undertake the work set forth in Exhibit C and as approved
by the City, weather permitting so as to not incur additional winter costs.
The Improvements shall be completed by the Private Parties on or before
consideration by the City Council of the final acceptance of the
Improvement.
D. The initial cost of the Improvements undertaken by the Private Parties
hereunder shall be borne by AP GPP. As invoices are received for the
Improvements hereunder and are paid by AP GPP, copies of the same shall
be submitted to the City within seven (7) days of receipt and in no event
shall any such payment exceed the cost of the quote received and approved
by the City to be eligible for partial reimbursement by the City in the manner
provided by Section 4 of this agreement.
E. Oakleaf shall be required to reimburse AP GPP for a portion of the costs of
the Improvements, as shown on Exhibit D. The reimbursement shall be
based on the actual costs incurred by AP GPP and shall include all costs
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related to the design and construction of the Improvements. AP GPP agrees
that it shall provide all invoices and receipts related to such work within
thirty (30) days after a request from Oakleaf. The costs to be reimbursed
by Oakleaf, shall be paid in partial payments, as the portions of the Oakleaf
Property adjacent to SE Kettlestone Blvd. are sold. The amount of each
payment shall be included on the closing statement for each such portion of
the Oakleaf Property sold. Payments shall be calculated as follows: First,
Oakleaf shall deliver payment of one-third or thirty-three percent (33%) of
the sale price to Lincoln Savings Bank as Escrow Agent to cover Oakleaf
income taxes. Next, the amount of the payment to AP GPP shall be based
on whether the Oakleaf Property sold is a Tier 1 Oakleaf Property, a Tier 2
Oakleaf Property or a Tier 3 Oakleaf Property, all as defined below. A “Tier
1 Oakleaf Property” is defined as that portion of the Oakleaf Property which
is directly adjacent to both Grand Prairie Parkway and SE Kettlestone Blvd.
A “Tier 2 Oakleaf Property” is defined as that portion of the Oakleaf
Property which is directly adjacent to only SE Kettlestone Blvd. A “Tier 3
Oakleaf Property” is defined as that portion of the Oakleaf Property which
is not directly adjacent to the Improvements that are to be constructed
pursuant to the terms and conditions of this Agreement.
The reimbursement for a Tier 1 Oakleaf Property shall be one-half of the
amount determined by dividing the actual costs incurred by lineal foot
frontage owned by Oakleaf along SE Kettlestone Blvd., then multiplying
that quotient by one hundred fifty percent (150%), then multiplying the
product by the number of lineal feet adjacent to SE Kettlestone Blvd being
sold by Oakleaf. The reimbursement for a Tier 2 Oakleaf Property shall be
one-half of the amount determined by dividing the actual costs incurred by
the lineal foot frontage owned by Oakleaf along SE Kettlestone Blvd. and
then multiplying that per lineal foot number by the number of lineal feet
adjacent to SE Kettlestone Blvd. being sold by Oakleaf. The reimbursement
for a Tier 3 Oakleaf Property shall be Fifty Cents ($0.50) multiplied by the
number of square feet being sold by Oakleaf. The Private Parties agree to
act in a commercially reasonable manner in mutually agreeing to the amount
to be reimbursed to AP GPP as a partial payment, if necessary. Upon receipt
of each reimbursement required under this Section 3.E., AP GPP shall
execute, deliver, and record, after the written request of Oakleaf, a Partial
Release of the lien of this Agreement describing the property sold and
released from the obligations hereunder. Notwithstanding the foregoing, it
is understood and agreed by Oakleaf that all amounts due and payable to
AP GPP shall be paid no later than December 31, 2025.
If Oakleaf does not pay for all of its obligations created hereunder on the
closing date each such portion of the Oakleaf Property is sold, then Oakleaf,
shall be in default under the terms of this Agreement and interest shall
accrue on the balance of the unpaid obligations at an annual rate equal to
the U.S. Prime Rate plus two percent (2%). In addition, AP GPP shall have
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a lien on the Oakleaf Property in an amount equal to the unpaid portion of
Oakleaf’s obligation hereunder.
4. Qualifying Cost Reimbursement by City. Upon payment of all invoices related to
the Improvements as identified on Exhibit C, the final acceptance of the
Improvements by the City, and dedication and conveyances to the City
contemplated in Section 2 of this Agreement, the Private Parties shall be reimbursed
by the City for those cost categories of the quote received as set forth in Exhibit D.
As an example, Exhibit D is an engineer's estimate of the cost of the Improvements
identified on Exhibit C. Exhibit D identifies various cost categories of the
Improvements to be undertaken. Assuming, as an example, cost category 3, painted
Pavement Markings, symbols and assuming an actual unit price of $200.00, the
City would reimburse to the Private Parties in the amount of $400.00. This example
is computed using the hypothetical unit price multiplied by the Unit number
qualifying for reimbursement in line 3 under “City of Waukee” of Exhibit D. Under
no circumstances, will the City Reimbursement hereunder to the Private Parties
exceed $300,000.00. All accounting for the costs of the Improvements shall be
provided to the City, Oakleaf and AP GPP upon the completion of the
Improvements.
5. Payment by the City. Upon payment by AP GPP of all invoices related to the
Improvements as identified in Exhibit C, AP GPP shall invoice the City for the
City’s share of the total cost of the work, based on the percentages allocated to the
City as more particularly set forth in Exhibit D. In no event shall the City reimburse
an amount greater than the City’s share as identified on Exhibit D of the lowest
quote received and approved by the City. The City shall provide payment to AP
GPP within forty-five (45) days of acceptance of the Improvements and receipt of
invoice from AP GPP.
6. Construction Plans. The Private Parties agree to submit all plans, specifications
and construction drawings to facilitate the planning, construction, and installation
of the Improvements contemplated in Exhibits C and D to the City prior to
commencing the Improvements and warrant that all work to complete the
Improvements will be undertaken in accordance with the same. Any changes to the
plans, specifications or construction drawings must be done with the consent of the
City. All construction plans are incorporated herein and are made a part hereof.
7. Estimate of Costs. The City and the Private Parties agree that Exhibit D represents
an engineer's estimate of the costs of the Improvements contemplated by this
Agreement. The Units identified in Exhibit D qualifying for reimbursement under
this Agreement are made part of this Agreement and shall be utilized by the Private
Parties and the City in determining the City’s reimbursement amount to the Private
Parties when applied to the actual cost of construction.
8. City Approval. This Agreement (including all exhibits attached or be attached to
this Agreement by reference), is subject to the prior approval of the City Council
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of the City, as well as the officers or partners of the Private Parties and thereafter
all parties shall be bound by this Agreement.
9. Liens. Both Private Parties represent and warrant that there is no mortgage lien on
its property as of the date this Agreement is recorded in the land records of Dallas
County, Iowa, or, if there is a mortgage lien on any property, that Party shall have
its lender execute a Mortgagee’s Consent to Development Agreement in
substantially the form of Exhibit G attached hereto and incorporated herein by
reference, to subordinate its lien to the lien granted under to this Agreement.
10. Power and Authority. Each Party to this Agreement represents and warrants that
the execution, delivery, and performance of this Agreement has been duly
authorized by all required corporation, LLC, or regulatory authority, and when
executed and delivered, this Agreement constitutes the valid and binding obligation
of such Party, enforceable in accordance with its terms.
11. Binding Effect. This agreement shall inure to the benefit of and be binding upon
all parties their successors and interests or assigns, if any.
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.
13. Running of the Benefits and Burdens. The terms and conditions of this Agreement
are binding upon AP GPP, Oakleaf, and the City, and any future owners, lenders,
developers, lessees or occupants. All provisions of this instrument, including
benefits and burdens, run with the land and are binding upon and inure to the benefit
of the heirs, assigns, successors, tenants and personal representatives of the Private
Parties hereto.
Dated: ____________________________, 2020
OAKLEAF PROPERTIES, L.C.
an Iowa limited liability company
By:
Name (Print):
Its:
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ACKNOWLEDGEMENTS
STATE OF ______________)
)ss.
COUNTY OF ____________)
On this _____ day of _______________, __________, before me, the undersigned, a
Notary Public in and for said County and State personally appeared
______________________________ of Oakleaf Properties, L.C., 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 ____________
AP GPP, L.C.,
an Iowa limited liability company
By:
Gerard D. Neugent, Manager
ACKNOWLEDGEMENTS
STATE OF IOWA )
)ss.
COUNTY OF POLK )
On this _____ day of _______________, __________, before me, the undersigned, a
Notary Public in and for said County and State personally appeared Gerard D. Neugent, Manager
of AP GPP, L.C., 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
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CITY OF WAUKEE
________________________________________________________
Courtney Clarke, Mayor
Attest:
____________________________
Rebecca D. Schuett, City Clerk
STATE OF IOWA )
) SS
COUNTY OF DALLAS )
On this _____ day of __________________, 2020, 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
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EXHIBIT A
OAKLEAF PROPERTY
ALL THAT PART OF THE SW ¼ NE ¼ OF SECTION 9, TOWNSHIP 79 NORTH, RANGE
26 WEST OF THE 5TH P.M., LYING WEST OF GRAND PRAIRIE PARKWAY AS IT IS
PRESENTLY ESTABLISHED AND NORTH OF INTERSTATE I-80 AS IT IS PRESENTLY
ESTABLISHED AND SOUTH OF PARCEL 18-48, AN OFFICIAL PARCEL RECORDED IN
BOOK 2018, PAGE 8690 AT THE DALLAS COUNTY RECORDER'S OFFICE, ALL IN THE
CITY OF WAUKEE, DALLAS COUNTY, IOWA.
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EXHIBIT B
AP GPP PROPERTY
A PARCEL OF LAND IN THE NORTH 45 ACRES OF THE WEST ½ OF THE NORTHEAST
¼ OF SECTION 9, TOWNSHIP 78 NORTH, RANGE 26 WEST OF THE 5TH P.M., CITY OF
WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AS A POINT OF REFERENCE AT THE NORTHWEST CORNER OF SAID
NORTHEAST ¼; THENCE S00º46’01”W, 90.62 FEET ALONG THE WEST LINE OF SAID
NORTHEAST ¼, TO THE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE
SOUTH RIGHT-OF-WAY LINE OF ASHWORTH ROAD; THENCE N84º02’53”E, 415.92
FEET ALONG SAID SOUTH RIGHT-OF-WAY LINE TO A POINT ON THE WEST RIGHT-
OF-WAY LINE OF GRAND PRAIRIE PARKWAY; THENCE S48º56’23”E, 136.37 FEET
ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT; THENCE SOUTHERLY ALONG
A CURVE TO THE LEFT HAVING A RADIUS OF 5086.50 FEET AND A CHORD BEARING
OF S07º56’30”E, AN ARC LENGTH OF 967.86 FEET ALONG SAID WEST RIGHT-OF-WAY
LINE TO A POINT OF REVERSE CURVATURE; THENCE SOUTHERLY ALONG A CURVE
TO THE RIGHT HAVING A RADIUS OF 4913.50 FEET AND A CHORD BEARING OF
S12º11’38”E, AN ARC LENGTH OF 205.61 FEET ALONG SAID WEST RIGHT-OF-WAY
LINE TO A POINT; THENCE S34º46’31”W, 75.48 FEET ALONG SAID WEST RIGHT-OF-
WAY LINE TO A POINT; THENCE S09º29’40”E, 67.09 FEET ALONG SAID WEST RIGHT-
OF-WAY LINE TO A POINT ON THE SOUTH LINE OF THE NORTH 45 ACRES OF THE
WEST ½ OF SAID NORTHEAST ¼; THENCE S83º34’59”W, 684.62 FEET ALONG SAID
SOUTH LINE TO A POINT ON THE WEST LINE OF SAID NORTHEAST ¼; THENCE
N00º46’01”E, 1409.35 FEET ALONG THE WEST LINE OF SAID NORTHEAST ¼ TO THE
POINT OF BEGINNING, SAID PARCEL CONTAINING 19.1517 ACRES MORE OR LESS.
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EXHIBIT C
PROPOSED IMPROVEMENTS
THIS
SITE
CPS 403
CPS 402
CPS 401
GRAND PRAIRIE PARKWAYGRAND PRAIRIE PARKWAYSE KETTLE
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CECCivil Engineering Consultants, Inc.2400 86th Street . Unit 12 . Des Moines, Iowa 50322515.276.4884 . Fax: 515.276.7084 . mail@ceclac.com. PRELIMINARYQ:\E-FILES\E-8000\E8168\_C3D Drawings\Public Improvements\E8168 CD NOTES.dwg, 1/23/2020 9:16:09 AM, mehill, 1:1
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CECCivil Engineering Consultants, Inc.2400 86th Street . Unit 12 . Des Moines, Iowa 50322515.276.4884 . Fax: 515.276.7084 . mail@ceclac.com. PRELIMINARYQ:\E-FILES\E-8000\E8168\_C3D Drawings\Public Improvements\E8168 CD STORM.dwg, 1/23/2020 9:17:51 AM, mehill, 1:1
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CECCivil Engineering Consultants, Inc.2400 86th Street . Unit 12 . Des Moines, Iowa 50322515.276.4884 . Fax: 515.276.7084 . mail@ceclac.com. PRELIMINARYQ:\E-FILES\E-8000\E8168\_C3D Drawings\Public Improvements\E8168 CD STORM 2.dwg, 1/23/2020 9:17:58 AM, mehill, 1:1
TO BE
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CECCivil Engineering Consultants, Inc.2400 86th Street . Unit 12 . Des Moines, Iowa 50322515.276.4884 . Fax: 515.276.7084 . mail@ceclac.com. PRELIMINARYQ:\E-FILES\E-8000\E8168\_C3D Drawings\Public Improvements\E8168 CD GRADING.dwg, 1/23/2020 9:20:50 AM, mehill, 1:1
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ON SHEET 2 - GENERAL
INFORMATION SHEET
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ON SHEET 2 - GENERAL
INFORMATION SHEET
A
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SEE CROSS SECTION A-A
ON SHEET 2 - GENERAL
INFORMATION SHEET
SEE CROSS SECTION A-A
ON SHEET 2 - GENERAL
INFORMATION SHEET
SEE CROSS SECTION A-A
ON SHEET 2 - GENERAL
INFORMATION SHEET
CECCivil Engineering Consultants, Inc.2400 86th Street . Unit 12 . Des Moines, Iowa 50322515.276.4884 . Fax: 515.276.7084 . mail@ceclac.com. PRELIMINARYQ:\E-FILES\E-8000\E8168\_C3D Drawings\Public Improvements\E8168 CD PAVING.dwg, 1/23/2020 9:22:15 AM, mehill, 1:1
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CECCivil Engineering Consultants, Inc.2400 86th Street . Unit 12 . Des Moines, Iowa 50322515.276.4884 . Fax: 515.276.7084 . mail@ceclac.com. PRELIMINARYQ:\E-FILES\E-8000\E8168\_C3D Drawings\Public Improvements\E8168 CD PAVING INT DETAILS.dwg, 1/23/2020 9:23:44 AM, mehill, 1:1
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LOT 'A'CECCivil Engineering Consultants, Inc.2400 86th Street . Unit 12 . Des Moines, Iowa 50322515.276.4884 . Fax: 515.276.7084 . mail@ceclac.com. PRELIMINARYQ:\E-FILES\E-8000\E8168\_C3D Drawings\Public Improvements\E8168 CD PAVING INT DETAILS.dwg, 1/23/2020 9:23:51 AM, mehill, 1:1
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ONE WAYONE WAY CECCivil Engineering Consultants, Inc.2400 86th Street . Unit 12 . Des Moines, Iowa 50322515.276.4884 . Fax: 515.276.7084 . mail@ceclac.com. PRELIMINARYQ:\E-FILES\E-8000\E8168\_C3D Drawings\Public Improvements\E8168 CD PAVEMENT MARKINGS.dwg, 1/23/2020 9:25:21 AM, mehill, 1:1
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·CECCivil Engineering Consultants, Inc.2400 86th Street . Unit 12 . Des Moines, Iowa 50322515.276.4884 . Fax: 515.276.7084 . mail@ceclac.com. PRELIMINARYQ:\E-FILES\E-8000\E8168\_C3D Drawings\Construction Documents\E8168 SWPPP.dwg, 1/23/2020 9:26:24 AM, mehill, 1:1
TRACT 1
SB
1
2 CECCivil Engineering Consultants, Inc.2400 86th Street . Unit 12 . Des Moines, Iowa 50322515.276.4884 . Fax: 515.276.7084 . mail@ceclac.com. PRELIMINARYQ:\E-FILES\E-8000\E8168\_C3D Drawings\Construction Documents\E8168 SWPPP.dwg, 1/23/2020 9:26:34 AM, mehill, 1:1
12
EXHIBIT D
PROPOSED IMPROVEMENTS COST
ITEM
NO.ITEM TOTAL UNIT UNIT PRICE SUB-TOTAL PRICE TOTAL UNIT UNIT PRICE
SUB-TOTAL
PRICE TOTAL PRICE
1 10" PCC Paving 3,780 SY $72.00 $272,160.00 2,141 SY $72.00 $154,152.00 $426,312.00
2 Subgrade Prep 4,743 SY $3.65 $17,311.95 2,686 SY $3.65 $9,803.90 $27,115.85
3 Granular Subbase 4,743 SY $11.37 $53,927.91 2,686 SY $11.37 $30,539.82 $84,467.73
4 Curb Backfill 10.79 Sta $390.00 $4,208.10 6.11 Sta $390.00 $2,382.90 $6,591.00
5 Mobilization/Bonds/Misc 0.64 LS $16,420.00 $10,508.80 0.36 LS $16,420.00 $5,911.20 $16,420.00
6 Clearing 0.64 LS $7,150.00 $4,576.00 0.36 LS $7,150.00 $2,574.00 $7,150.00
7 Curb Removal 69 LF $22.00 $1,518.00 39 LF $22.00 $858.00 $2,376.00
8 Topsoil 1,335 CY $7.00 $9,345.00 756 CY $7.00 $5,292.00 $14,637.00
9 Cut Fill 2,692 CY $6.40 $17,228.80 1,524 CY $6.40 $9,753.60 $26,982.40
10 Borrow 2,603 CY $9.00 $23,427.00 1466 CY $9.00 $13,194.00 $36,621.00
11 Construction Entrance 0.64 EA $3,976.00 $2,544.64 0.36 EA $3,976.00 $1,431.36 $3,976.00
12 Traffic Control 0.64 LS $4,725.00 $3,024.00 0.36 LS $4,725.00 $1,701.00 $4,725.00
13 End of Road Markers 3.19 EA $900.00 $2,871.00 1.81 EA $900.00 $1,629.00 $4,500.00
14 Pavement Markings 0.64 LS $9,000.00 $5,760.00 0.36 LS $9,000.00 $3,240.00 $9,000.00
15 SWPPP Inspections & Mgmt 0.64 LS $2,832.00 $1,812.48 0.36 LS $2,832.00 $1,019.52 $2,832.00
16 Silt Fence 1,596 LF $1.55 $2,473.80 904 LF $1.55 $1,401.20 $3,875.00
17 Silt Removal Fence 1,596 LF $0.20 $319.20 904 LF $0.20 $180.80 $500.00
18 Inlet Protection Device (Install) 5.75 EA $160.00 $920.00 3.25 EA $160.00 $520.00 $1,440.00
19 Inlet Protection Device (Remove) 5.75 EA $125.00 $718.75 3.25 EA $125.00 $406.25 $1,125.00
20 Seeding ‐ Urban 0.96 Acre $2,625.00 $2,520.00 0.54 Acre $2,625.00 $1,417.50 $3,937.50
21 Seeding ‐ Hydraulic 0.17 Acre $6,825.00 $1,160.25 0.09 Acre $6,825.00 $614.25 $1,774.50
22 Grade Sidewalk Ramps 4.00 EA $475.00 $1,900.00 0.00 EA $475.00 $0.00 $1,900.00
23 Paving Sidewalk Ramps with Domes 4.00 EA $1,365.00 $5,460.00 0.00 EA $1,365.00 $0.00 $5,460.00
24 Subgrade Prep ‐ West Apron 140 SY $3.65 $511.00 0 $0.00 $0.00 $511.00
25 Subgrade prep ‐ Center Apron 140 SY $3.65 $511.00 0 $0.00 $0.00 $511.00
26 Granular Subbase ‐ West Apron 140 SY $11.37 $1,591.80 0 $0.00 $0.00 $1,591.80
27 Granular Subbase ‐ Center Apron 140 SY $11.37 $1,591.80 0 $0.00 $0.00 $1,591.80
28 10" PCC Paving ‐ West Apron 116 SY $72.00 $8,352.00 0 $0.00 $0.00 $8,352.00
29 10" PCC Paving ‐ Center Apron 116 SY $72.00 $8,352.00 0 $0.00 $0.00 $8,352.00
30 Curb Backfill ‐ West Apron 1.10 Sta $390.00 $429.00 0 $0.00 $0.00 $429.00
31 Curb Backfill ‐ Center Apron 1.10 Sta $390.00 $429.00 0 $0.00 $0.00 $429.00
32 General Conditions ‐Utilities 1.00 LS $1,600.00 $1,600.00 $1,600.00
33 Water, Sanitary and Storm Mobilization / Bond 1.00 LS $3,300.00 $3,300.00 $3,300.00
34 Connect to existing sanitary sewer manhole 1.00 LS $4,500.00 $4,500.00 $4,500.00
35 Sanitary Sewer, 8 inch PVC 393.00 LF $55.00 $21,615.00 $21,615.00
36 SW‐301 Sanitary Manhole 48" diameter 1.00 EA $4,300.00 $4,300.00 $4,300.00
37 Sanitary Sewer Services, 6" PVC 2.00 EA $1,300.00 $2,600.00 $2,600.00
38 Subdrain, 6" dia. 1,490.00 LF $19.00 $28,310.00 $28,310.00
39 15" RCP Storm Sewer 851.00 LF $64.00 $54,464.00 $54,464.00
40 36" RCP Storm Sewer 79.00 LF $133.00 $10,507.00 $10,507.00
41 36" FES 1.00 EA $3,450.00 $3,450.00 $3,450.00
42 Storm manhole, 84" dia. ‐ SW 401 1.00 EA $8,600.00 $8,600.00 $8,600.00
43 Intake, (MA) ‐ SW 501 2.00 EA $2,580.00 $5,160.00 $5,160.00
44 Intake, (MC) ‐ SW 503 2.00 EA $5,200.00 $10,400.00 $10,400.00
45 Intake, (MD) ‐ SW 505 1.00 EA $4,150.00 $4,150.00 $4,150.00
46 Intake, (ME) ‐ SW 506 1.00 EA $7,650.00 $7,650.00 $7,650.00
47 Storm Sewer Cleanouts 2.00 EA $783.00 $1,566.00 $1,566.00
48 Rip Rap 50.00 TON $57.00 $2,850.00 $2,850.00
49 Connect to existing water main with sleeve 1.00 EA $1,290.00 $1,290.00 $1,290.00
50 6" C900 DR‐18 PVC 138.00 LF $22.00 $3,036.00 $3,036.00
51 8" C900 DR‐18 PVC 105.00 LF $26.00 $2,730.00 $2,730.00
52 12" C900 DR‐18 PVC 760 LF $33.00 $25,080.00 $25,080.00
47 Fire Hydrant Assembly 4.00 EA $4,650.00 $18,600.00 $18,600.00
48 Gate Valve and Box, 6 Inch 1.00 EA $900.00 $900.00 $900.00
49 Gate Valve and Box, 8 Inch 1.00 EA $1,300.00 $1,300.00 $1,300.00
50 Gate Valve and Box, 12 Inch 3.00 EA $2,200.00 $6,600.00 $6,600.00
51 Tee, 12 inch 2.00 EA $800.00 $1,600.00 $1,600.00
52 Bends, 12 inch 45* 2.00 EA $672.00 $1,344.00 $1,344.00
53 12" MJ Plug 1.00 EA $433.00 $433.00 $433.00
54 Temporary blowoff, 2 inch 1.00 EA $956.00 $956.00 $956.00
55 Utility Punchlist Crew 1.00 DAY $5,050.00 $5,050.00 $5,050.00
56 Utility Testing Crew 1.00 LS $3,759.00 $3,759.00 $3,759.00
57 Geotechnical borings 1.00 LS $3,550.00 $3,550.00 $3,550.00
58 Sanitary sewer engineering 1 LS $10,791.50 $10,791.50 $10,791.50
SUBTOTAL $718,713.28 $248,022.30 $966,735.58
Engineering (8%)$57,497.06 $19,841.78 $77,338.85
APP Conditions and FEE (11.5%)$82,652.03 $28,522.56 $111,174.59
TOTAL $858,862.37 $296,386.65 $1,155,249.02
ROAD IMPROVEMENTS, KETTLESTONE BOULEVARD (Based on drawings dated 12-16-19)
DEVELOPER CITY OF WAUKEE
Doc REV July 2015
STORE DEVELOPMENT
Probable Cost Estimate
PAGE 1 OF 1
ITEM
NO.ITEM TOTAL UNIT UNIT PRICE SUB-TOTAL PRICE TOTAL UNIT UNIT PRICE
SUB-TOTAL
PRICE TOTAL PRICE
1 10" PCC Paving 1,890.0 SY $72.00 $136,080.00 1,890.0 SY $72.00 $136,080.00 $272,160.00
2 Subgrade Prep 2,371.5 SY $3.65 $8,655.98 2,371.5 SY $3.65 $8,655.98 $17,311.95
3 Granular Subbase 2,371.5 SY $11.37 $26,963.96 2,371.5 SY $11.37 $26,963.96 $53,927.91
4 Curb Backfill 5.4 Sta $390.00 $2,104.05 5.4 Sta $390.00 $2,104.05 $4,208.10
5 Mobilization/Bonds/Misc 0.3 LS $16,420.00 $5,254.40 0.3 LS $16,420.00 $5,254.40 $10,508.80
6 Clearing 0.3 LS $7,150.00 $2,288.00 0.3 LS $7,150.00 $2,288.00 $4,576.00
7 Curb Removal 34.5 LF $22.00 $759.00 34.5 LF $22.00 $759.00 $1,518.00
8 Topsoil 667.5 CY $7.00 $4,672.50 667.5 CY $7.00 $4,672.50 $9,345.00
9 Cut ‐ Fill 1,346.0 CY $6.40 $8,614.40 1,346.0 CY $6.40 $8,614.40 $17,228.80
10 Borrow 1,301.5 CY $9.00 $11,713.50 1,301.5 CY $9.00 $11,713.50 $23,427.00
11 Construction Entrance 0.3 EA $3,976.00 $1,272.32 0.3 EA $3,976.00 $1,272.32 $2,544.64
12 Traffic Control 0.3 LS $4,725.00 $1,512.00 0.3 LS $4,725.00 $1,512.00 $3,024.00
13 End of Road Markers 1.6 EA $900.00 $1,435.50 1.6 EA $900.00 $1,435.50 $2,871.00
14 Pavement Markings 0.3 LS $9,000.00 $2,880.00 0.3 LS $9,000.00 $2,880.00 $5,760.00
15 SWPPP Inspections & Mgmt 0.3 LS $2,832.00 $906.24 0.3 LS $2,832.00 $906.24 $1,812.48
16 Silt Fence 798.0 LF $1.55 $1,236.90 798.0 LF $1.55 $1,236.90 $2,473.80
17 Silt Removal Fence 798.0 LF $0.20 $159.60 798.0 LF $0.20 $159.60 $319.20
18 Inlet Protection Device (Install) 2.9 EA $160.00 $460.00 2.9 EA $160.00 $460.00 $920.00
19 Inlet Protection Device (Remove) 2.9 EA $125.00 $359.38 2.9 EA $125.00 $359.38 $718.75
20 Seeding ‐ Urban 0.5 Acre $2,625.00 $1,260.00 0.5 Acre $2,625.00 $1,260.00 $2,520.00
21 Seeding ‐ Hydraulic 0.1 Acre $6,825.00 $580.13 0.1 Acre $6,825.00 $580.13 $1,160.25
22 Grade Sidewalk Ramps 3.0 EA $475.00 $1,425.00 1.0 EA $475.00 $475.00 $1,900.00
23 Paving Sidewalk Ramps with Domes 3.0 EA $1,365.00 $4,095.00 1.0 EA $1,365.00 $1,365.00 $5,460.00
24 Subgrade Prep ‐ West Apron 70.0 SY $3.65 $255.50 70.0 SY $3.65 $255.50 $511.00
25 Subgrade prep ‐ Center Apron 140.0 SY $3.65 $511.00 0.0 SY $3.65 $0.00 $511.00
26 Granular Subbase ‐ West Apron 70.0 SY $11.37 $795.90 70.0 SY $11.37 $795.90 $1,591.80
27 Granular Subbase ‐ Center Apron 140.0 SY $11.37 $1,591.80 0.0 SY $11.37 $0.00 $1,591.80
28 10" PCC Paving ‐ West Apron 58.0 SY $72.00 $4,176.00 58.0 SY $72.00 $4,176.00 $8,352.00
29 10" PCC Paving ‐ Center Apron 116.0 SY $72.00 $8,352.00 0.0 SY $72.00 $0.00 $8,352.00
30 Curb Backfill ‐ West Apron 0.6 Sta $390.00 $214.50 0.6 Sta $390.00 $214.50 $429.00
31 Curb Backfill ‐ Center Apron 1.1 Sta $390.00 $429.00 0.0 Sta $390.00 $0.00 $429.00
32 General Conditions ‐Utilities 0.5 LS $1,600.00 $800.00 0.5 LS $1,600.00 $800.00 $1,600.00
33 Water, Sanitary and Storm Mobilization / Bond 0.5 LS $3,300.00 $1,650.00 0.5 LS $3,300.00 $1,650.00 $3,300.00
34 Connect to existing sanitary sewer manhole 1.0 LS $4,500.00 $4,500.00 0.0 LS $4,500.00 $0.00 $4,500.00
35 Sanitary Sewer, 8 inch PVC 393.0 LF $55.00 $21,615.00 0.0 LF $55.00 $0.00 $21,615.00
36 SW‐301 Sanitary Manhole 48" diameter 1.0 EA $4,300.00 $4,300.00 0.0 EA $4,300.00 $0.00 $4,300.00
37 Sanitary Sewer Services, 6" PVC 2.0 EA $1,300.00 $2,600.00 0.0 EA $1,300.00 $0.00 $2,600.00
38 Subdrain, 6" dia. 745.0 LF $19.00 $14,155.00 745.0 LF $19.00 $14,155.00 $28,310.00
39 15" RCP Storm Sewer 425.5 LF $64.00 $27,232.00 425.5 LF $64.00 $27,232.00 $54,464.00
40 36" RCP Storm Sewer 39.5 LF $133.00 $5,253.50 39.5 LF $133.00 $5,253.50 $10,507.00
41 36" FES 0.5 EA $3,450.00 $1,725.00 0.5 EA $3,450.00 $1,725.00 $3,450.00
42 Storm manhole, 84" dia. ‐ SW 401 0.5 EA $8,600.00 $4,300.00 0.5 EA $8,600.00 $4,300.00 $8,600.00
43 Intake, (MA) ‐ SW 501 1.0 EA $2,580.00 $2,580.00 1.0 EA $2,580.00 $2,580.00 $5,160.00
44 Intake, (MC) ‐ SW 503 1.0 EA $5,200.00 $5,200.00 1.0 EA $5,200.00 $5,200.00 $10,400.00
45 Intake, (MD) ‐ SW 505 0.5 EA $4,150.00 $2,075.00 0.5 EA $4,150.00 $2,075.00 $4,150.00
46 Intake, (ME) ‐ SW 506 0.5 EA $7,650.00 $3,825.00 0.5 EA $7,650.00 $3,825.00 $7,650.00
47 Storm Sewer Cleanouts 1.0 EA $783.00 $783.00 1.0 EA $783.00 $783.00 $1,566.00
48 Rip Rap 25.0 TON $57.00 $1,425.00 25.0 TON $57.00 $1,425.00 $2,850.00
49 Connect to existing water main with sleeve 0.5 EA $1,290.00 $645.00 0.5 EA $1,290.00 $645.00 $1,290.00
50 6" C900 DR‐18 PVC 138.0 LF $22.00 $3,036.00 0.0 LF $22.00 $0.00 $3,036.00
51 8" C900 DR‐18 PVC 105.0 LF $26.00 $2,730.00 0.0 LF $26.00 $0.00 $2,730.00
52 12" C900 DR‐18 PVC 380.0 LF $33.00 $12,540.00 380.0 LF $33.00 $12,540.00 $25,080.00
47 Fire Hydrant Assembly 2.0 EA $4,650.00 $9,300.00 2.0 EA $4,650.00 $9,300.00 $18,600.00
48 Gate Valve and Box, 6 Inch 1.0 EA $900.00 $900.00 0.0 EA $900.00 $0.00 $900.00
49 Gate Valve and Box, 8 Inch 1.0 EA $1,300.00 $1,300.00 0.0 EA $1,300.00 $0.00 $1,300.00
50 Gate Valve and Box, 12 Inch 1.5 EA $2,200.00 $3,300.00 1.5 EA $2,200.00 $3,300.00 $6,600.00
51 Tee, 12 inch 2.0 EA $800.00 $1,600.00 0.0 EA $800.00 $0.00 $1,600.00
52 Bends, 12 inch 45* 1.0 EA $672.00 $672.00 1.0 EA $672.00 $672.00 $1,344.00
53 12" MJ Plug 0.5 EA $433.00 $216.50 0.5 EA $433.00 $216.50 $433.00
54 Temporary blowoff, 2 inch 1.0 EA $956.00 $956.00 0.0 EA $956.00 $0.00 $956.00
55 Utility Punchlist Crew 0.5 DAY $5,050.00 $2,525.00 0.5 DAY $5,050.00 $2,525.00 $5,050.00
56 Utility Testing Crew 0.5 LS $3,759.00 $1,879.50 0.5 LS $3,759.00 $1,879.50 $3,759.00
57 Geotechnical borings 0.5 LS $3,550.00 $1,775.00 0.5 LS $3,550.00 $1,775.00 $3,550.00
58 Sanitary Sewer Engineering
0.0 $0.00 $0.00 0.0 $0.00 $0.00 $0.00
SUBTOTAL $388,407.04 $330,306.24 $718,713.28
Percentage share 54.04% 45.96%
Engineering $31,072.56 $26,424.50 $57,497.06
APP Conditions and FEE $44,666.81 $37,985.22 $82,652.03
TOTAL Knapp $464,146.95 Oakleaf $394,716.42 $858,862.37
ROAD IMPROVEMENTS, KETTLESTONE BOULEVARD
Knapp Oakleaf
Doc REV July 2015
STORE DEVELOPMENT
Probable Cost Estimate
PAGE 1 OF 1
13
EXHIBIT E
AP GPP RIGHT OF WAY LEGAL DESCRIPTION
LOT 'A' OF ASHWORTH WEST PLAT 1
A PORTION OF PARCEL 18-48 AN OFFICIAL PARCEL, RECORDED IN BOOK 2018, PAGE
8690 AT THE DALLAS COUNTY RECORDER'S OFFICE, CITY OF WAUKEE, DALLAS
COUNTY, IOWA THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SE CORNER OF SAID PARCEL 18-48; THENCE S83°34'59"W, 684.62
FEET ALONG THE SOUTH LINE OF SAID PARCEL 18-48 TO THE SW CORNER OF SAID
PARCEL 18-48; THENCE N00°46'01"E, 88.91 FEET ALONG THE WEST LINE OF SAID
PARCEL 18-48 TO A POINT; THENCE S89°43'14"W, 339.30 FEET TO A POINT OF
CURVATURE; THENCE EASTERLY ALONG A CURVE TO THE LEFT HAVING A
RADIUS OF 1,140.00 FEET AND A CHORD BEARING OF N85°23'02"E, AN ARC LENGTH
OF 194.82 FEET TO A POINT OF TANGENCY; THENCE N80°29'17"E, 123.01 FEET TO A
POINT; THENCE N34°46'31"E, 23.68 FEET TO A POINT ON THE EAST LINE OF SAID
PARCEL 18-48, SAID LINE ALSO BEING THE WEST RIGHT-OF-WAY LINE OF GRAND
PRAIRIE PARKWAY AS IT IS PRESENTLY ESTABLISHED IN THE WARRANTY DEED
RECORDED IN BOOK 2016, PAGE 8487 AT THE DALLAS COUNTY RECORDER'S
OFFICE; THENCE S09°29'40"E, 67.09 FEET ALONG THE EAST LINE OF SAID PARCEL
18-48 TO THE POINT OF BEGINNING, AND CONTAINING 0.88 ACRES MORE OR LESS.
14
EXHIBIT F
OAKLEAF RIGHT OF WAY LEGAL DESCRIPTION
LEGAL DESCRIPTION: PARCEL 19-64
A PARCEL OF LAND IN THE SW 1/4 OF THE NE 1/4 OF SECTION 9, TOWNSHIP 78,
RANGE 26 WEST OF THE 5th P.M., CITY OF WAUKEE, DALLAS COUNTY, IOWA THAT
IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SE CORNER OF PARCEL 18-48, AN OFFICIAL PARCEL RECORDED
IN BOOK 2018, PAGE 8690 AT THE DALLAS COUNTY RECORDER'S OFFICE; THENCE
S09°29'40"E, 97.58 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF GRAND PRAIRIE
PARKWAY AS IT IS ESTABLISHED IN THE WARRANTY DEED RECORDED IN BOOK
2015, PAGE 8487 AT THE DALLAS COUNTY RECORDER'S OFFICE, TO A POINT;
THENCE S80°29'17"W, 144.63 FEET TO A POINT OF CURVATURE; THENCE WESTERLY
ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 624.50 FEET AND A CHORD
BEARING OF N89°31'55"W, AN ARC LENGTH OF 217.55 FEET TO A POINT OF REVERSE
CURVATURE; THENCE WESTERLY ALONG A CURVE TO THE LEFT HAVING A
RADIUS OF 581.00 FEET AND A CHORD BEARING OF N84°38'11"W, AN ARC LENGTH
OF 103.11 FEET TO A POINT OF TANGENCY; THENCE N89°43'14"W, 235.23 FEET TO A
POINT ON THE WEST LINE OF SAID SW1/4 NE1/4; THENCE N00°46'01"E, 31.09 FEET
ALONG SAID WEST LINE TO THE SW CORNER OF SAID PARCEL 18-48; THENCE
N83°34'59"E, 684.62 FEET ALONG THE SOUTH LINE OF SAID PARCEL 18-48 TO THE
POINT OF BEGINNING AND CONTAINING 1.21 ACRES MORE OR LESS.
15
EXHIBIT G
MORTGAGEE’S CONSENT TO
DEVELOPMENT AGREEMENT
The undersigned is the holder of a Mortgage dated _______________________, and recorded
_______________________ in Book ________________, on Page _________________ of the
Dallas County records (the “Mortgage”). By consenting to this Development Agreement
(“Agreement”), the undersigned, its successors and assigns, consents and subordinates its lien upon
the real property identified in the Mortgage to the lien in favor of AP GPP as granted under the
terms of the attached Agreement, as well as actions, rights, liabilities, or obligations required
hereunder.
BANK NAME
By:
By:
[Print name and title under signature.]
ACKNOWLEDGEMENT
STATE OF _______________ )
) SS
COUNTY OF _______________ )
This instrument was acknowledged before me on this ______ of _________________,
2020 by ________________________ and ___________________ as _________________ and
_________________ respectively of ___________________ Bank.
__________________________________________
Notary Public in and for the State of Iowa