HomeMy WebLinkAbout2016-05-23-F03 Development Agreement - KumGo_Knapp Properties
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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