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HomeMy WebLinkAbout2016-05-23-F03 Development Agreement - KumGo_Knapp Properties MEE AGEN FORM SYNO FISC COM STAF RECO ATTA ETING DATE NDA ITEM: MAT: OPSIS INCL CAL IMPACT MMISSION/B FF REVIEW OMMENDA ACHMENTS CITY COU E: May 23 : Consid Agreem regardi Resolut LUDING PRO of Kum Kettles compon was req located known As a pa addition beyond constru of the i of Kett Parkwa by Foth The pro respons T INCLUDIN amount Additio BOARD/COM W AND COM agreem ATION: App S: I. II. CITY OF W UNCIL MEE 3, 2016 deration of app ment with Kum ng SE Kettles tion O & CON: T m & Go at the tone Bouleva nent of the de quired to be c d on the adjace as Knapp Pro art of the proj nal lanes that d what the req uct. Specifica intersection is lestone Boule ay. The propo h Infrastructur oposed develo sibilities relat NG COST/B t has previous onal Lanes lin MMITTEE C MMENT: Sta ment. prove the reso Proposed Re Developmen WAUKEE, ETING CO proval of a re m & Go, L.C stone Boulev The City Cou intersection ard which is c evelopment, a constructed. A ent property o operties. ect approval, t were being r quirements of ally, an additio s being constr evard in the fu osed addition re & Design o opment agree ted to the proj BENEFIT AN sly been budg ne item within COMMENT aff would rec olution. esolution nt Agreement AGE IOWA OMMUNICA esolution appr C. and Ashwor vard Construct uncil approved of Grand Pra currently unde a segment of S A portion of t owned by Ash the City agre required at the f both properti onal eastboun ructed at this future on the w nal lane constr on behalf of t ement stipulat ject. NALYSIS: geted for with n the Capital T: ommend app t ENDA ITEM: ATION roving Develo rth Properties tion d plans for th airie Parkway er constructio SE Kettleston the street cons hworth Prope eed to pay for e intersection ies are requir nd lane as we time to allow west side of G ruction was re the City. tes each party $109,359. hin our Devel Improvement proval of the d oper’s s, Inc. he constructio and SE on. As a ne Boulevard struction is erties, Inc. als r the portion o n above and red to ell as widening w for alignmen Grand Prairie ecommended y’s .00. The oper ts Plan. development n so of g nt d PREPARED BY: Brad Deets, Development Services Director REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION:   THE CITY OF WAUKEE, IOWA RESOLUTION 16- DEVELOPMENT AGREEMENT WITH KUM & GO, L.C. AND ASHWORTH PROPERTIES, INC. REGARDING SE KETTLESTONE BOULEVARD CONSTRUCTION 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, Kum & Go, L.C. is in the process of constructing a convenience store located at 3105 Grand Prairie Parkway; AND, WHEREAS, the development will include the construction of SE Kettlestone Boulevard along the northern boundary of the Kum & Go property; AND, WHEREAS, Ashworth Properties, Inc. own property directly north of the convenience store under construction and share responsibilities for the construction of SE Kettlestone Boulevard adjacent to their property; AND, WHEREAS, an agreement has been proposed which identifies the responsibilities and obligations of Kum & Go, L.C. and Ashworth Properties, Inc. with the remaining costs being paid for by the City of Waukee. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 23rd day of May, 2016, that it hereby approves the Development Agreement between the City of Waukee, Kum & Go, L.C. and Ashworth Properties, Inc. regarding the construction of SE Kettlestone Boulevard. ____________________________ William F. Peard, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Shane Blanchard Brian Harrison Shelly Hughes Larry R. Lyon Rick Peterson 1 Prepared by: Steven P Brick, 6701 Westown Parkway Suite 100, West Des Moines, Iowa 50266 (515) 274 -1450 Return to: City Clerk, City of Waukee, 230 Highway 6, Waukee, Iowa 50263 (515) 987 -4522 DEVELOPER'S AGREEMENT This Agreement, entered into between the City of Waukee, an Iowa municipal corporation in the State of Iowa (hereinafter referred to as "City"); Kum & Go, 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 "Kum & Go"); Ashworth Properties, Inc., an Iowa Corporation (hereinafter referred to as "Ashworth"); (Kum & Go and Ashworth may also be identified herein collectively as "Private Parties".) WHEREAS, Kum & Go owns Property legally described as: Lot 1, Oakleaf Plat 1, an Official Plat, now included in and forming a part of the City of Waukee, Dallas County, Iowa. and seeks to develop the same (hereinafter referred to as “Kum and Go Property”); and WHEREAS, Ashworth Properties owns Property legally described as: The NW ¼ of the NE ¼ and 5 acres of the SW ¼ of the NE ¼ of Section 9, Township 78N, Range 26W, Dallas County, Iowa and seeks to develop the same; and 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; and 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 two lane street as well as a left turn lane at the intersection of SE Kettlestone Boulevard and Grand Prairie Parkway; and 2 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 Boulevard, including an additional east bound lane and a transitional right turn lane at the intersection of Grand Prairie Parkway, which are above and beyond the minimum requirements required by the Private Parties; and WHEREAS, Kum & Go has begun to undertake the development of its Property and has completed the platting and site plan process, and is preparing to undertake to complete the public improvements required as part of the development of its Property; and WHEREAS, Ashworth Properties has been preliminarily consulting with the City about the requirements associated with development of its Property and has indicated a desire to participate with Kum & Go on the SE Kettlestone Boulevard improvements set forth in Exhibits A and B to complete a portion of the anticipated plat and site plan requirements for its Property; and WHEREAS, the parties have negotiated a method of completing the SE Kettlestone Boulevard improvements. WHEREAS, the City and the Private Parties desire to enter into an agreement setting forth the respective obligations of the Private Parties and the City and the parties agree as follows: 1. Scope of Improvements. The Private Parties understand and agree that this Developer’s Agreement only addresses SE Kettlestone Boulevard Improvements (“Improvements”) as more particularly described in Exhibits A and B attached hereto and incorporated herein by this reference. The Private Parties have other obligations associated with the platting, site plan and development of their respective Properties 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. All required maintenance bonds shall be provided to the City by Kum & Go. Ashworth Properties will dedicate and convey unto the City, free of any encumbrances and liens, the property legally described as provided on Exhibit D, which is attached hereto and incorporated by reference. 3. Private Party Roadway Improvements for Kettlestone Boulevard A. The Private Parties agree to undertake and finance in a cooperative effort the improvements identified on Exhibit A as “Initial Build - City” and “Initial Build – Developer” in accordance with the plans and specifications, construction drawings approved by the City and requirements imposed by applicable Federal, State and Local authorities. 3 B. The Private Parties, prior to undertaking the Improvements, shall obtain at least two quotations for that portion of the improvement project 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 B. 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 received by the Private Parties for the Project. In the event the City does not approve the quotations, the Private Parties shall not proceed with the Improvements and the agreement shall be terminated and be of no further effect, or require to be requoted, as the City determines in its sole discretion. C. Within thirty (30) days of quote approval by the City, the Private Parti es agree to cause to undertake the work set forth in Exhibit A and as approved by the City. The work shall be concluded by the Private Parties on or before consideration by the City Council of the final acceptance of the Improvement. D. The cost of the Improvement undertaken by the Private Parties hereunder shall be borne by the Private Parties. As invoices are received for the Improvement hereunder and are paid by the Private Parties, 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 Paragraph 4 of this agreement. 4. Qualifying Cost Reimbursement by City. Upon the Private Parties making payment of all invoices related to the Improvement as identified on Exhibit A, the final acceptance of the Improvement by the City, and dedication and conveyances to the City contemplated in Paragraph 2 of this agreement, the Private Parties shall be entitled to reimbursement of those cost categories of the quote received as set forth in Exhibit B. As an example, Exhibit B is an engineer's estimate of the cost of the Improvement improvements identified on Exhibit A. Exhibit B identifies various cost categories of the Improvements to be undertaken by the Private Parties. 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 B. Under no circumstances, will the City Reimbursment hereunder to the Private Parties exceed $130,052.50. 5. Payment by City. Upon the Private Parties making payment of all invoices related to the Improvements as identified in Exhibit A, the Private Parties 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 B. In no event shall the City reimburse an amount greater than the City’s share as identified on Exhibit B of the lowest quote received and approved by the City. The City shall provide payment to the Private Parties within 45 days of acceptance of the Improvements and receipt of invoice from Private Parties. 4 6. Construction Plans. Kum & Go agree to submit all plans, specifications and construction drawings to facilitate the planning, construction, and installation of the improvements contemplated in Exhibits A and B 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 Construction Costs. The City and the Private Parties agree that Exhibit B represents an engineer's estimate of the costs of the improvements contemplated by virtue of this Agreement. The Units identified in Exhibit B 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. The contingency identified in Exhibit B is a component of engineering estimates and will not be a component of actual costs or bids obtained by the parties in furtherance of this agreement. 8. Prior 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 of the City of Waukee, as well as the officers or partners of the Private Parties and thereafter all parties shall be bound by this Agreement. 9. Binding Effect. This agreement shall inure to the benefit of and be binding upon all parties their successors and interests or assigns, if any. 10. 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. 5 Dated: ____________________________, 2016 KUM & GO, L.C. ______________________________ Person and title STATE OF IOWA ) ) SS COUNTY OF ) On this _____ day of __________________, 20____, before me, the undersigned, a Notary Public in and for said County and the State of Iowa, personally appeared ____________________, to me personally known, who being by me duly sworn, did say that that person is ______________________ of the limited liability company executing the foregoing instrument; that no seal has been procured by the limited liability company and that the instrument was signed (and sealed) on behalf of the limited liability company by authority of its Managers; that ___________________ acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by him voluntarily executed. ______________________________ Notary Public in and for the State of Iowa 6 ASHWORTH PROPERTIES, INC ______________________________ Person and title STATE OF IOWA ) ) SS COUNTY OF ) On this _____ day of __________________, 20____, before me, the undersigned, a Notary Public in and for said County and the State of Iowa, personally appeared ____________________, to me personally known, who being by me duly sworn, did say that that person is ______________________ of the corporation executing the foregoing instrument; that (the seal affixed to said instrument is the seal of the corporation or no seal has been procured by the corporation) and that the instrument was signed (and sealed) on behalf of the corporation by authority of its Board of Directors; that ___________________ acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by him voluntarily executed. ______________________________ Notary Public in and for the State of Iowa 7 CITY OF WAUKEE ATTEST: ____________________________ _________________________ William F. Peard, Mayor Rebecca D. Schuett, City Clerk STATE OF IOWA ) ) SS COUNTY OF DALLAS ) On this _____ day of __________________, 20____, before me, the undersigned, a Notary Public in and for said County and 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 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 8 EXHIBIT A PROPOSED IMPROVEMENTS 9 EXHIBIT B PROPOSED IMPROVEMENTS COST 10 EXHIBIT C OAKLEAF PLAT 1 11 EXHIBIT D RIGHT OF WAY FOR ASHWORTH PROPERTIES