HomeMy WebLinkAbout2019-02-19-J04 28E Agr_Waukee School District_Sports Complex AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: February 19, 2019
AGENDA ITEM: Consideration of approval of a resolution approving Agreement Under
Iowa Code Chapter 28E Between the City of Waukee and the Waukee
Community School District [Community Park and Youth Sports
Complex]
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: The City of Waukee and Waukee Community School
District entered into a 28E Agreement in 2016 for the joint acquisition of
property for purposes of the development of a second high school,
community park and youth sports complex. The property has since been
purchased, the second high school is currently under construction and
plans are currently being completed for the community park and youth
sports complex.
The proposed 28E Agreement deals with the final split of the joint
property between the City and the School District as well as specific
obligations to be completed by both the School District and City for the
joint development and construction of the property.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution
II. 28E Agreement
PREPARED BY: Brad Deets, Development Services Director
REVIEWED BY:
J4
THE CITY OF WAUKEE, IOWA
RESOLUTION 19-
APPROVING AGREEMENT UNDER IOWA CODE CHAPTER 28E BETWEEN
THE CITY OF WAUKEE AND THE WAUKEE COMMUNITY SCHOOL
DISTRICT
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, the City of Waukee and Waukee Community School District entered into a
certain Agreement under Iowa Code Chapter 28E between the City of Waukee and the
Waukee Community School District dated May 9, 2016 and filed with the Iowa Secretary
of State’s Office on May 10, 2016 concerning the acquisition of certain property for the
development of a second high school, city park and youth sports complex; AND,
WHEREAS, the City Property and the WCSD Property are adjacent to one another and
the parties envision that certain elements of their respective projects will be used by
patrons visiting or otherwise using the facilities of the other Party pursuant to an
agreement the parties intend to enter into in the future; AND,
WHEREAS, the parties have evaluated certain elements of their respective projects and
reached an agreement concerning the completion and cost sharing of the various public
improvements to be completed in an effort to increase cost efficiency and coordination of
the respective party’s construction activities; AND,
WHEREAS, legal counsel for both entities have reviewed a proposed 28E agreement
and find it satisfactory;
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the
City of Waukee hereby approves the Agreement Under Iowa Code Chapter 28E Between
the City of Waukee and the Waukee Community School District.
Passed by the City Council of the City of Waukee, Iowa, and approved the 19h day of
February, 2019.
____________________________
William F. Peard, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Courtney Clarke
Shelly Hughes
Larry R. Lyon
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
Chapter 28E Agreement
Recorder’s Cover Sheet
Preparer Information:
Steven P. Brick
6701 Westown Parkway, STE 100
West Des Moines, Iowa 50265
Taxpayer Information:
N/A
Return Address
Steven P. Brick
6701 Westown Parkway, STE 100
West Des Moines, Iowa 50265
Grantors: N/A
Grantees: N/A
Legal Description: See Page 2
Document or instrument number of previously recorded documents: N/A
SUPPLEMENTAL AGREEMENT UNDER IOWA CODE CHAPTER 28E
BETWEEN THE CITY OF WAUKEE AND
THE WAUKEE COMMUNITY SCHOOL DISTRICT
This SUPPLEMENTAL AGREEMENT (this “Supplemental Agreement”) is entered into
between the City of Waukee, an Iowa municipal corporation in the State of Iowa (hereinafter
referred to as "City"); and the Waukee Community School District, an Iowa school corporation in
the State of Iowa (hereinafter referred to as "WCSD" or the “District”); (The City, and WCSD may
also be collectively referred to as “Parties”).
WHEREAS, the Parties entered into a certain Agreement under Iowa Code Chapter 28E
between the City of Waukee and the Waukee Community School District dated May 9, 2016 and
filed with the Iowa Secretary of State’s Office on May 10, 2016 concerning the acquisition of
certain Property more particularly described therein (hereinafter referred to as the “Prior
Agreement”); and
WHEREAS, the property was acquired by the City in accordance with the Prior Agreement
and the City and WCSD have platted the property acquired pursuant to the Prior Agreement; and
WHEREAS, the City is a municipal Corporation duly formed and existing pursuant to Iowa
law which owns property legally described as Lot 2 of Waukee High School #2, a plat now in and
forming a part of the City of Waukee, Dallas County, Iowa (herein after referred to as “City
Property”); and
WHEREAS, WCSD is a school corporation duly formed and existing pursuant to Iowa law which
owns property legally described as Lot 1 of Waukee High School #2, a plat now in and forming a
part of the City of Waukee, Dallas County, Iowa (herein after referred to as “WCSD Property”);
and
WHEREAS, the City intends to develop the City Property as a public park and recreational
sports complex and associated infrastructure (generally depicted on Exhibit A attached); and
WHEREAS, WCSD intends to develop the WCSD Property as a second-high school
complex with associated facilities and infrastructure (depicted on Exhibit A attached); and
WHEREAS, the City Property and the WCSD Property are adjacent to one another and the
parties envision that certain elements of their respective projects will be used by patrons visiting
or otherwise using the facilities of the other Party pursuant to an agreement the parties intend to
enter into in the future; and
WHEREAS, the parties have evaluated certain elements of their respective projects and
reached an agreement concerning the completion and cost sharing of the various public
improvements to be completed in an effort to increase cost efficiency and coordination of the
respective party’s construction activities; and
WHEREAS, the Parties have obtained cost estimates related to certain public infrastructure
and improvements necessary to develop their respective properties attached as Exhibit B and
Exhibit C; and
WHEREAS, upon commencing construction of its project, WCSD will undertake and
complete construction of grading, storm sewer, detention pond and associated infrastructure in
accordance with plans approved by the City, in the City’s reasonable discretion, on City Property
(hereinafter referred to as “Improvements”); and
WHEREAS, the WCSD Property is also directly adjacent to NW 10th Street and NW
Sunrise Drive and will benefit from, and as part of the development of its Property it is required to
undertake certain public improvements including, but not limited to, the Street, Storm Sewer and
Curb and Gutter, Street light and certain pedestrian improvements along NW 10th St and NW
Sunrise Drive adjacent to WCSD Property to be undertaken by the City; and
WHEREAS, the Parties desire to enter into this Supplemental Agreement setting forth the
respective obligations of the Parties to help facilitate their respective projects and provide for items
that remain to be completed under the Prior Agreement.
In consideration of the mutual promises as more particularly set forth herein, sufficiency of which
is hereby acknowledged, the Parties agree as follows:
1. Land Acquisition. Pursuant to the Prior Agreement the City acquired the property
identified therein. The City paid the entire initial purchase price for the acquisition of
the property was of $6,235,771.54 and has, to date, been reimbursed by the WCSD in
the amount of $3,117,572.27. The Parties have now agreed on a final ownership
allocation of the property as generally depicted on attached Exhibit A (the “Property
Allocation”) and costs associated with the acquisition of the property:
a) WCSD Property Allocation. The City shall transfer to the WCSD the property
now known as Lot 1 of Waukee High School #2, a plat now in and forming a part
of the City of Waukee, Dallas County, Iowa consisting of approximately 74.45
acres. (the “WCSD Property”) The WCSD, as part of its development of the
WCSD Property, is also responsible for 8.47 acres of the property acquired that
will be utilized as public right of way; .63 acres of excess property and 10.04
acres of the property acquired for detention and storm water management
although ownership of said property will remain with the City. As consideration
for the WCSD Property, WCSD shall reimburse the City $538,647.87
($3,656,220.14, less a credit in the amount of $3,117,572.27 which was paid by
WCSD at the time of acquisition of a portion of the Property), for its remaining
share of the property acquisition costs. The City shall invoice the WCSD for the
outstanding obligation related to land acquisition and the WCSD shall reimburse
the City by March 31, 2019.
b) City Property Allocation. The City shall continue to own Lot 2 of Waukee High
School #2, a plat now in and forming a part of the City of Waukee, Dallas
County, Iowa consisting of 66.16 acres (City Property). The City shall also own
and be responsible for 9.28 acres of the property that was acquired for public right
of way and .63 acres of excess property. The City shall also be responsible for 7.6
acres for use as a detention pond of which is included in the City Property
acreage.
2. WCSD Obligations. WCSD intends to construct a second high school, school athletic
fields, parking and associated infrastructure and facilities on the WCSD Property (the
“WCSD Project”). As part of the WCSD Project, the WCSD agrees to construct
certain improvements to the City Property as follows:
A. Grading of City Property. In connection with the grading undertaken by the
WCSD on WCSD Property, the WCSD agrees to grade and stabilize the City
Property pursuant to the grading plan approved by the City at WCSD’s sole
cost and expense.
B. Site Improvements. WCSD agrees to construct the storm water facilities and
public water main on the City Property as generally identified on Exhibit B
(the “Site Improvements”). The Site Improvements include all grading,
detention ponds, box culvert installation and conveyance systems as well as
water main along NW 10th Street on the City Property as generally identified
on Exhibit B and in accordance with the construction plans approved by the
City. The preliminary engineer’s estimate of costs of the Site Improvements is
identified on Exhibit C attached. WCSD agrees to complete the Site
Improvements in accordance with designs and specifications approved by the
City, in the City’s reasonable discretion. WCSD shall pay the cost of the Site
Improvements and the City shall reimburse WCSD for the portion of the costs
of the Site Improvements owed by the City based upon actual construction bid
quantities as determined by as-built drawings at the completion of the project.
Upon completion of the WCSD Project, the WCSD shall invoice the City for
the Site Improvements, and the City shall reimburse the District in accordance
with section 4 of this Supplemental Agreement.
C. Pedestrian Underpass. WCSD agrees to construct as part of its project the
Pedestrian underpass under the future NW Douglas Avenue right of way on
the City Property as identified on Exhibit B (the “Pedestrian Underpass”). The
Pedestrian Underpass includes all grading and box culvert installation on the
City Property as identified on Exhibit B. The preliminary engineer’s estimate
of costs of the Pedestrian Underpass is identified on Exhibit C (“Site
Improvements Cost Estimate”) attached. WCSD agrees to complete the
Pedestrian Underpass in accordance with designs and specifications approved
by the City, in the City’s reasonable discretion. WCSD shall pay the cost of
the Pedestrian Underpass and the City shall reimburse WCSD for all costs
associated with the Pedestrian Underpass. Upon completion of the WCSD
Project, the WCSD shall invoice City for the Pedestrian Underpass, and the
City shall reimburse WCSD in the manner provided in section 4 of this
Supplemental Agreement.
D. Shared Parking Facility. WCSD will build as part of its project a parking lot
on WCSD Property generally depicted on Exhibit B just north of baseball
fields #3 and #4 in accordance with the construction plans approved by the
City. That parking facility may be used by patrons to either the WCSD
Property or the City Property with 50% of the stalls being allocated for City
events when City events are scheduled on the softball fields located to the
north of the parking lot. The school district shall be responsible for insurance
and maintenance of that parking facility and it shall not be removed or
modified without the express written consent of the City. There shall be no
reimbursement by the City for the costs incurred by WCSD for this
component in exchange for the completion of the improvements of a
pedestrian bridge connecting the City Property to the northwest parking lot of
the WCSD Property over the detention pond as depicted on Exhibit B
undertaken by the City. Said pedestrian bridge will allow for a direct
pedestrian connection to the City parking facility located along the north
property line which shall be available for WCSD overflow parking during
large events when nothing is scheduled on the City property.
E. Manner of cost determination. WCSD shall bid all of the foregoing
improvements in the manner required under Iowa Law. The bid shall require
the itemization of the materials and labor associated with the Site
Improvements and Pedestrian Underpass so the bid results clearly identify the
actual cost of those undertakings paid by the WCSD for work done on City
Property. Upon acceptance of a bid, WCSD shall forward a copy of the
accepted bid to the City for its records and information.
3. City Obligations. The City agrees to complete the following projects:
A. NW 10th St Improvements. By July 1, 2021, the City shall substantially
complete the reconstruction of NW 10th Street (the “10th Street Improvements”)
to modify the road to a four (4) lane road with curb and gutter from its
intersection with the Future NW Sunrise Drive north to the Future Douglas
Avenue Right of Way. WCSD shall reimburse the City the actual costs incurred
by the City in completing the NW 10th Street reconstruction for that section of
the NW 10th Street adjacent to the WCSD Property including the cost of the
roadway, storm sewer, trail, traffic signals and street lights along NW 10th Street
and adjacent to the WCSD Property as identified on Exhibit D attached (the
“10th Street Improvements”). The preliminary engineer’s estimate of costs of
the 10th Street Improvements is identified on Exhibit E (“10th Street
Improvements Cost Estimate”) attached. The City will invoice WCSD for its
share of the costs upon completion and final acceptance of the improvements
by the City, and WCSD shall reimburse the City in the manner provided in
section 4 of this Supplemental Agreement.
B. NW Sunrise Drive Improvements. By July 1, 2021, the City shall construct and
substantially complete a two (2) lane street with curb and gutter to be known as
NW Sunrise Drive from the intersection with NW 10th Street to the roundabout
located at the intersection of NW 6th Street reflected on Exhibit B at the City’s
sole cost and expense. The WCSD shall not be required to reimburse the City
for this work. The ROW depicted to the east of the roundabout at NW 6th Street
on Exhibit B is not part of this agreement.
C. Manner of cost determination. The City shall competitively bid the foregoing
improvements in the manner required under Iowa Law. Upon acceptance of a
bid, the City shall forward a copy of the accepted bid to the WCSD for its
records and information.
D. Provided amendments to laws of the State of Iowa do not 1) limit or alter the
City’s ability to utilize Tax Increment Financing (TIF) to finance the
improvements; or 2) reduce or limit the amount of School District tax revenue
available to the City as part of TIF to finance the improvements; or 3) reduce
or limit the City’s ability to borrow utilizing such revenue of the
improvements; and 4) the Project as defined in the Economic Development
Assistance Contract Apple, Inc., the City of Waukee and the Iowa Economic
Development Authority, Contract #18-TC-008 is completed by Apple, Inc.,
the City agrees to construct the following:
1. Extension of NW Sunrise Drive. The City shall construct a two (2) lane
street with curb and gutter to be known as NW Sunrise Drive from the
intersection with NW 6th Street to the roundabout located at the
intersection of NW 4th Street reflected on Exhibit B.
2. Extension of 4th Street. The City shall construct a two (2) lane street with
curb and gutter to be known as 4th Street from the intersection of NW
Sunrise Drive to the anticipated intersection at NW Douglas Avenue
reflected on Exhibit B.
4. Reimbursement for Improvements. The Parties acknowledge and agree their
reimbursement obligations contained in sections 2 and 3 of this Supplemental
Agreement. The Parties further acknowledge that the amount of the respective
party’s obligation will not be completely ascertained until the various projects are
completed by the respective parties. The parties agree that the financial obligations
arising under sections 2 and 3 of this Supplemental Agreement will be offset at the
time of invoice, and that any balance remaining after offset will be paid to the party
entitled thereto on, or before, July 31, 2021. The parties agree that during
construction and prior to final reimbursement as described above, representatives of
the WCSD and City will meet on a quarterly basis to review construction timelines,
change orders and costs associated with the WCSD Obligations and City Obligations.
5. The Parties agree that the percentages allocated to each of the Parties for the work to
be undertaken pursuant to the terms of this Supplemental Agreement, as well as the
repayment terms associated with this Supplemental 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. The Parties agree that Exhibits C & E represent engineer's estimates of the costs of
the Improvements contemplated by virtue of this Supplemental Agreement. The
contingency if identified in these Exhibits is a component of engineering estimates
and will not be a component of actual costs or bids obtained by the Parties in
furtherance of their obligations pursuant to this Supplemental Agreement.
7. Both Parties understand and acknowledge that this Supplemental Agreement only
pertains to the matters referenced herein. Both Parties understand that they must follow
all federal, state and local laws as it pertains to the development and platting of their
property. Approval of this Supplemental Agreement by the City does not constitute
final plat or site plan approval by the City. WCSD shall be responsible for all customary
fees, connection fees and charges due to the City throughout the development process
of the WCSD Property.
8. Binding Effect. This Supplemental Agreement shall inure to the benefit of and be
binding upon all Parties their successors and interests or assigns, if any.
9. Enforcement. Should it become necessary for the either party to enforce this
Supplemental Agreement, the defaulting party shall be responsible for any and all
attorney’s fees and expenses incurred b y the other party in pursuit of enforcement of
this Supplemental Agreement.
10. Jurisdiction. The Parties agree that this Supplemental 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 Supplemental Agreement and amendments hereto, if
any, is the Iowa District Court in and for Dallas County, Iowa.
11. Effect on Prior Agreement. This Supplemental Agreement is intended to supplement
the Prior Agreement. If any terms of this Supplemental Agreement are found to be in
conflict with the Prior Agreement, this Supplemental Agreement shall control. The
Prior Agreement shall remain in full force and effect in all other respects.
Dated: ____________________________, 2019
CITY OF WAUKEE, IOWA
By___________________________________
William F. Peard, Mayor
By___________________________________
Rebecca D. Schuett, City Clerk
(City Seal)
STATE OF IOWA :
: SS
COUNTY OF DALLAS :
On this ______ day of ____________________, 2019, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally 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, 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 ___________
Dated: _____________________________, 2019
WAUKEE COMMUNITY SCHOOL DISTRICT
By: ___________________________________________
Wendy Liskey, Board President
By: _____________________________________
Angie Morrison, Board Secretary
STATE OF IOWA )
) ss.
COUNTY OF DALLAS )
On this _______ day of _____________, 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Wendy Liskey and Angie Morrison, to
me personally known, who being duly sworn, did say that they are the President and Secretary,
respectively, of the Board of Directors of the Waukee Community School District, the
corporation executing the within and foregoing instrument, that no seal has been procured by the
corporation; that the instrument was signed on behalf of the corporation by the authority of its
Board of Directors; and that the President and Secretary, as such officers, acknowledged the
execution of the instrument to be the voluntary act and deed of the corporation, by it and by them
voluntarily executed.
____________________________________
Notary Public in and for the State of Iowa
My Commission expires ___________
EXHIBIT A
PROPERTY ALLOCATION MAP
EXHIBIT B
SITE IMPROVEMENTS MAP
EXHIBIT C
SITE IMPROVEMENTS COST ESTIMATE
EXHIBIT D
10TH STREET IMPROVEMENTS MAP
EXHIBIT D
10TH STREET IMPROVEMENTS COST ESTIMATE