HomeMy WebLinkAbout2016-08-15-J14 Development Agreement - Hubbell Realty AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: August 15, 2016
AGENDA ITEM: Consideration of approval of a resolution approving Development
Agreement with Hubbell Metropolitan Development Fund I, LLC and
Hubbell Realty Company [Westown Parkway Improvements]
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON:
As a part of the original plans in 2004, it was agreed that as a part of the Glynn Village
Development, Hubbell Realty would be responsible for one half of the cost of the improvements
associated with the paving of Westown Parkway (312th Place). The City’s current policy is that
the first developer is responsible for a 15 ½ foot urban section on the developing side of the
roadway and a 12 foot rural siding on the undeveloped side of the roady. In addition, it was not
known back in 2004 that there would need to be significant grade changes to the roadbed to bring
it up to R-22/6th Street which would be above and beyond what would typically be required of a
developer. Based upon the approved construction drawings Hubbell has determined that the
additional costs are approximately $350,000 greater than what was contemplated as their
responsibility back in 2004.
The proposed development agreement contemplates that Hubbell Realty will be responsible for
paving a full urban section on the north side of the street and a rural section on the south side of
the street from the eastern boundary of the Glynn Village Development to approximately Warrior
Lane. The City will be responsible for paving from approximately Warrior Lane to the current
City project that is under construction which is approximately 1,444 linear feet. This additional
work contemplated by the City would be considered a change order to our current project under
construction and would cost the City an additional $300,000 to complete.
The proposed development agreement construct a full also includes an offer to purchase from the
City the approximately 9 acre parcel owned by the City on the south side of Westown Parkway
that was recently acquired by the School District. Pending approval of the development
agreement, it is contemplated that the City would at a future date in the near future consider the
offer to purchase the property from the City following publishing of appropriate notice and
holding a public hearing.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: The City Attorney and representatives of Hubbell
Realty are finalizing the terms of the agreement which will be completed
and provided to the Council prior to Monday’s meeting.
RECOMMENDATION: Approve the Resolution.
ATTACHMENTS: I. Proposed Resolution
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 BETWEEN CITY OF WAUKEE AND
HUBBELL METROPOLITAN DEVELOPMENT FUND I, LLC (SERIES E) AND
HUBBELL REALTY COMPANY [WESTOWN PARKWAY IMPROVEMENTS]
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, Hubbell Metropolitan Development Fund I, LLC (Series E) (HMDF I-
SERIES E) has submitted a final plat for Glynn Village Plat 10; AND,
WHEREAS, the improvements for Glynn Village Plat 10 include paving associated with
Westown Parkway (312th Place) which include significant grading and drainage
improvements not typically required of a developer; AND,
WHEREAS, a Development Agreement has been proposed which lay out the
responsibilities of HMDF I-SERIES E and the City regarding responsibilities associated
with the paving of Westown Parkway (312th Place.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in
session this 15th day of August, 2016, that it hereby approves the Development
Agreement between the City of Waukee and Hubbell Metropolitan Development Fund I,
LLC (Series E) and Hubbell Realty Company regarding Westown Parkway
Improvements.
____________________________
William F. Peard, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Anna Bergman
Brian Harrison
Shelly Hughes
Larry R. Lyon
Rick Peterson
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Prepared by: R. Michael Hayes, 600 Walnut Street, Suite 2000, Des Moines, Iowa 50309, (515) 283-4656
When recorded, return to: City Clerk, 230 W. Hickman Road, Waukee, Iowa 50263
Legal Descriptions: Hubbell Metropolitan Development Fund I, LLC (Series E) property: Exhibit A; City
of Waukee, Iowa property: Recital B, Pages 1-2
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT is made and entered into this ____ day of
____________ 2016 by and between the CITY OF WAUKEE, IOWA, an Iowa municipal
corporation, (“City”), HUBBELL METROPOLITAN DEVELOPMENT FUND I, LLC
(SERIES E), a series of a multi-series Iowa limited liability company (“HMDF I-SERIES E”);
and HUBBELL REALTY COMPANY, an Iowa corporation (“HRC”).
RECITALS:
A. HMDF I-Series E owns the land in the City of Waukee, Dallas County, Iowa,
described on the attached Exhibit A, which land it will hereafter develop as Glynn
Village Plat 10, an Official Plat, now included in and forming a part of the City of
Waukee, Dallas County, Iowa, (the “Glynn Village Plat 10 Land”), which Glynn
Village Plat 10 Land abuts the north side of Westown Parkway (also known as 312th
Place).
B. The City owns the following land located on the south side of Westown Parkway,
immediately south of the Glynn Village Plat 10 Land:
Parcel “AA” of Government Lot 15 in Section 5, Township 78 North, Range 26 West
of the 5th P.M., Dallas County, Iowa, as shown on the Plat of Survey, dated May 31,
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2012 and filed in the Office of the Recorder for Dallas County, Iowa on May 31,
2012 in Book 2012 at Page 9051 (the “City Land”).
C. HRC desires to purchase the City Land from the City and the City agrees to
commence the process for approval of the purchase agreement by the City Council
following the procedures provided in Iowa Code section 364.7 (2016) the results of
which are unknown and not in any way predetermined by virtue of this agreement
(the “Purchase Agreement”).
D. The City has let a contract for reconstruction of the grade and paving of the portion of
Westown Parkway, also known as 312th Place, that lies west of Glynn Village Plat 10
Land and which City street construction project also includes doing twelve inches of
subgrade preparation and paving a two lane, 27.5 foot wide, 9 inch thick road with
curb and gutter only on the north side over the western approximately 1,444 feet of
Westown Parkway, more or less, as it lies on Lot A of Glynn Village Plat 10 and any
portion of the existing right-of-way easement that lies south of and abuts said Lot 1,
Glynn Village Plat 10 (the “City Westown Parkway Project”).
E. As part of the development of the final plat of Glynn Village Plat 10, the City has
requested that HMDF I-Series E construct the Westown Parkway Street
Improvements as shown on the attached Exhibit C from the east end of Lot A of
Glynn Village Plat 10 westward to where the City Westown Parkway Project ends,
including doing final grading and paving two lanes over the portion of Lot A of
Glynn Village Plat 10 on which the City will do fill and subgrade preparation (the
“Westown Parkway Street Improvements”), which Westown Parkway Street
Improvements will be constructed within the land to hereafter be deeded to the City
as Lot A, Glynn Village Plat 10, and within the existing street right-of-way property
interests for 312th Place, and within certain additional easements to be hereafter
acquired for this project, in accordance with the plans, specifications, grading and
construction drawing approved by the City.
F. HMDF I-Series E and HRC have agreed to construct the Westown Parkway Street
Improvements at their sole expense.
G. HMDF I-Series E has agreed to acquire certain permanent and temporary easements
and other property rights from property owners other than HMDF I-Series E
necessary or desirable to construct this Westown Parkway Street Improvements.
In consideration of the Recitals and the mutual agreements set forth in this Agreement,
the parties agree as follows:
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1. Acquisition of Property Rights for Construction of the Westown Parkway Street
Improvements.
(a) HMDF I-Series A hereby agrees that it will deed and convey the land
shown as Lot A on the Final Plat of Glynn Village Plat 10 to the City without cost
to the City. HMDF-I hereby further agrees that the City shall have a temporary
construction easement over, through and across Outlot Z, Glynn Village Plat 10,
to the extent necessary for the purpose of constructing the City’s Westown
Parkway street construction project in the western portion of Lot A, Glynn
Village Plat 10 and the storage of equipment, vehicles, and materials related to
such construction. This temporary construction easement shall commence upon
the date of this Agreement and shall terminate on the earlier of six (6) months
after the City has accepted the street improvements under its Westown Parkway
street construction contract.
(b) The City hereby reserves and grants a public utility easement over, under,
through and across the City Land at the location shown on the attached Exhibit D
and agrees that as part of construction of the Westown Parkway Street
Improvements that HMDF I – Series E can install such public utilities as are a
necessary part of the construction of that project within the portion of the City
Land shown as a Public Utility Easement on the attached Exhibit D. The City
further hereby grants HMDF I – Series E a temporary construction easement over,
under, through and across the portion of the City Land shown as the Temporary
Construction Easement on the attached Exhibit E for the purpose of construction
of the Westown Parkway Street Improvements and the storage of equipment,
vehicles, and materials related to such construction. This temporary construction
easement shall commence upon the date of this Agreement and shall terminate on
the earlier of six (6) months after the City has accepted the Westown Parkway
Street Improvements or the date when HMDF I – Series E has restored the surface
of this temporary construction easement area so that it is graded to blend with the
grade of the parking in the street right-of-way for Westown Parkway and seeded
with grass seed.
(c) The Parties hereby agree that they will acquire the following easements
for the Westown Parkway Street Improvement Project:
(i) The City has, or will acquire a Public Utility Easement as shown on the
attached Exhibit F over, under, through and across the North 175 feet of the
East 175 feet of Government Lot 14 in Section 5, Township 78 North, range
26 West of the 5th P.M. in Dallas County, Iowa;
(ii) HMDF I-Series E has, or will acquire a Temporary Construction Easement
as shown on the attached Exhibit G over, under, through and across the North
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175 feet of the East 175 feet of Government Lot 14 in Section 5, Township 78
North, range 26 West of the 5th P.M. in Dallas County, Iowa;
(iii) The City has, or will acquire a Public Utility Easement as shown on the
attached Exhibit H, two storm sewer and surface water flowage easements as
shown on the attached Exhibit I over, under, through and across Parcel C as
shown on that Plat of Survey that is filed in Book 2002 at Page 207 in the
Office of the Recorder for Dallas County, Iowa, which Plat of Survey is a plat
of a portion of the North ½ of Government Lot 14 and Parcel B (as shown in
Book 2000 at Page 583 in the Officer of the Recorder for Dallas County,
Iowa, of that Plat of Survey of Government Lot 13, all in Section 5, township
78 North, Range 26 West of the 5th P.M. in Dallas County, Iowa (the
“Grewell Property”); and
(iv) HMDF I-Series E has, or will acquire a Temporary Construction Easement
as shown on the attached Exhibit J over, under, through and across Parcel C as
shown on that Plat of Survey that is filed in Book 2002 at Page 207 in the
Office of the Recorder for Dallas County, Iowa, which Plat of Survey is a plat
of a portion of the North ½ of Government Lot 14 and Parcel B (as shown in
Book 2000 at Page 583 in the Officer of the Recorder for Dallas County,
Iowa, of that Plat of Survey of Government Lot 13, all in Section 5, township
78 North, Range 26 West of the 5th P.M. in Dallas County, Iowa (the
“Grewell Property”)
(v) HMDF I-Series E has, or will acquire a Temporary Construction Easement
as shown on the attached Exhibit K over, under, through and across the
portion of Lot 2 of Government Lot 12 in Section 5, Township 78 North,
Range 26 West of the 5th P.M. in Dallas County, Iowa, as more particularly
described on the attached Exhibit K.
HMDF I-Series E will cause the temporary construction easements to also run to
the benefit of the City and shall furnish the City with copies of each of these
easement agreements.
2. Construction of the Westown Parkway Street Project. As part of the City Westown
Parkway Project, the City shall do 12 inches of subgrade preparation and pave of two
lanes of 27.5 foot wide, 9 inch thick paving with curb and gutter on the north side
only on the approximately 1,444 feet of the western end of Outlot A, Glynn Village
Plat 10 and the portion of the existing right-of-way that lies immediately south of and
abuts said portion of Outlot A as more particularly identified in the change order
attached as Exhibit L. HMDF I - Series E, as part of its Western Parkway Street
Improvements, shall provide and install all fill, bring to grade/compaction, and
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construct all utilities that are part of the street project associated with the City’s work
in this approximately 1,444 feet of the western end of Outlot A, Glynn Village Plat 10
and the existing right-of-way that lies immediately south of and abuts said Outlot A
and any other work specified in the plans, specifications and construction drawing
approved by the City in accordance with applicable design standards and
requirements, excepting the specific work undertaken by the the City in accordance
with the change order set forth in Exhibit L. HMDF I-Series E will coordinate with
the Contractor engaged by the City to assure Westown Parkway Street Improvements
is coordinated and completed efficiently with the City Westown Parkway Project.
HMDF I-Series E agrees to complete the Westown Parkway Street Improvements on
or before November 18, 2016, subject to any extension of time as maybe necessary to
obtain proper settlement and compaction of fill necessary to bring the Westown
Parkway street projects to the new grade required by the specifications approved by
the City, provided should HMDF – Series E give the City written notice describing
any such need for extension within five (5) business days of such occurrence and the
duration of any such extension is acceptable to the City. In addition, upon completion,
a 4 year maintenance bond will be provided in accordance with the platting
requirements of the City of Waukee for the Westown Parkway Street Improvements
completed by HMDF I-Series E hereunder prior to final acceptance of the completed
Improvements by the City.
HMDF I – Series E shall construct the Westown Parkway Street Improvements in a good
and workmanlike manner in substantial compliance with the plans and specifications
therefore, and any modifications thereof, approved by the City. HMDF I – Series E shall
prepare the plans and specifications for the Westown Parkway Street Improvements at its
own expense. Except as expressly provided otherwise in this Agreement, HMDF I –
Series E and HRC, as owner of the City Land, shall pay all costs for construction of the
Westown Parkway Street Improvements at the time of construction of thereof.
Upon completion of the initial Westown Parkway Street Improvements, HMDF I –Series
E shall cause the portion of the initial Westown Parkway Street Improvements outside the
portion thereof paved as part of the initial Westown Parkway Street Improvements to be
restored in accordance with the City specifications for street construction projects and
shall cause all temporary construction easement areas lying adjacent thereto to be graded
so as to blend with the grade of the parking in the Westown Street right-of-way and to be
seeded with grass seed.
After completion of the initial Westown Parkway Street Improvements contemplated by
this Agreement, neither HMDF I – Series E nor HRC as the owner of the City Land
(except to the extent provided in the Purchase Agreement by which HRC acquires the
City Land from the City) or any of their successors or assigns shall have any
responsibility for any widening of the paved portion of Westown Parkway or any other
modifications or additions to the improvements in the Westown Parkway right-of-way
abutting the Glynn Village Plat 10 Land associated with Platting of the City Land,
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provided any subsequent owner of the City Land has submitted, and received final plat
approval from the City on or before December 1, 2021.
3. Sale of the City Land. HRC hereby agrees to purchase the City Land from the City
and the City is willing to consider the sale of the City Land to HRC upon the terms
and conditions of the Purchase Agreement, after following the procedures set forth in
Iowa Code Section 364.7. The City hereby agrees that concurrently with its approval
of this Agreement it will commence the process to consider the proposal to sell the
City Land to HRC upon the terms and conditions of the attached Purchase Agreement
and will promptly schedule, publish notice of, and hold a public hearing upon this
proposal and take such further action after that public hearing as is appropriate in
accordance with the requirements of the Iowa Code for sale of land owned by the
City. HRC understands and acknowledges that the Purchase Agreement is not final
and binding upon the City until it is approved by the City Council after compliance
with the requirements of the Iowa Code for sale of land owned by the City. The
parties agree that time is of the essence in the consideration of this proposal by HRC
to purchase the City Land.
In the event that HRC buys the City Land, the City will prepay, or otherwise credit,
any sanitary sewer connection fee that would be due for the City Land so purchased,
in the amount of Thirty-eight Thousand Six Hundred Fifty-nine and NO/100 Dollars
($38,659.00), upon the platting of the purchased City Land by a subsequent owner.
In the event that the City does not approve the sale of the City Land to HRC by
November 1, 2016, the City agrees to pay HMDF I – Series E the amount of Fifty
Thousand and NO/100 Dollars ($50,000.00) within thirty (30) days after its acceptance of
the completion of construction of the Westown Parkway Street Improvements for the
water main upsizing obligations accruing in favor HMDF I – Series E for the City Land
pursuant to Waukee Municipal Code.
4. Platting of Glynn Village Plat 10. The parties understand and agree that the final
plat for Glynn Village Plat 10 can be approved and filed of record with Dallas County,
Iowa before completion of the Westown Parkway Street Improvements provided that
HMDF I – Series E furnishes the City with a completion bond in the amount of Nine
Hundred Twenty-one Thousand Eleven and 56/100 Dollars ($921,011.56) (the
“Performance Bond”). HMDF I-Series E agrees to complete the Westown Parkway
Street Improvements as provided herein and further to provide the completion bond prior
to final plat approval.
5. Notices. All notices and other communications required or permitted hereunder
shall be in writing and shall be deemed served if the notice is (a) personally delivered, (b)
mailed in a sealed envelope or container and deposited in the United State mail, certified
mail, return receipt requested, postage prepaid (with delivery conclusively presume to
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occur on the third (3rd) business day following such deposit absent evidence of actual
failure of delivery), or (c) deposited with a nationally recognized overnight courier
service of next day delivery that retains receipts of deliveries, (with delivery conclusively
presumed to occur on the next business day following such deposit absent evidence of
actual failure of delivery), properly addressed to the parties as follows:
HMDF I –Series E
Hubbell Metropolitan Development Fund I, LLC (Series E)
C/o Hubbell Realty Company
Attention: General Counsel
6900 Westown Parkway
West Des Moines, Iowa 50266-2520
HRC:
Hubbell Realty Company
Attention: General Counsel
6900 Westown Parkway
West Des Moines, Iowa 50266-2520
City:
City of Waukee, Iowa
Attention: City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Any party, by written notice to the other parties, may designate any further or different
names or addresses to which all notices or other communications to that party shall be
sent.
6. Assignment. HMDF I – Series E shall have the right to assign and pledge all of
its right, title and interest under this Agreement to a lender as security to finance the
development of Glynn Village Plat 10 and the construction of the initial Westown
Parkway Street Improvements.
7. Binding Effect. This Agreement shall inure to the benefit of and be binding upon
the parties and their successors and assigns.
8. Entire Agreement. This Agreement and all exhibits attached hereto and deeds and
easements executed pursuant to this Agreement constitute the entire agreement among
the parties pertaining to the subject matter of this Agreement and supersedes all
negotiations, preliminary agreements and all prior or contemporaneous discussions and
understandings of the parties hereto in connection with the subject matter of this
Agreement.
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9. Recitals. The Recitals set forth at the beginning of this Agreement are true and
correct and are an integral part of this Agreement.
10. Amendment. The parties agree that this Agreement can only be amended by a
written agreement signed by all of the parties or their respective permitted successors or
transferees as described in this Agreement.
11. Construction. This Agreement shall not be construed more strongly against any
party regardless of who was more responsible for its preparation.
12. Governing Law. This Agreement shall be governed and construed in accordance
with the laws of the State of Iowa, but without regard to provisions thereof relating to
conflicts of law.
13. Headings and Captions. The titles or captions of sections and paragraphs in this
Agreement are provided for the convenience of reference only, and shall not be
considered a part hereof for purposes of interpreting or applying this Agreement, and
such titles or captions do not define, limit, extend, explain or described the scope or intent
of this Agreement or any of its terms and conditions.
14. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, but all of which together shall constitute one
and the same instrument, and in making proof hereof, it shall not be necessary to produce
or account for more than one such counterpart.
15. Severability. If any provision of this Agreement is held invalid, illegal or
unenforceable, in whole or in part, the remaining provisions of this Agreement shall not
be affected thereby and shall continue to be valid, legal and enforceable. If any provision
of this Agreement is held to be invalid, illegal or unenforceable as written, but valid, legal
and enforceable if modified, then such provision shall be deemed to be amended to such
extent as shall be necessary for such provision to be valid, legal and enforceable and it
shall be enforced to that extent.
16. Consent to Jurisdiction; Waiver of Jury Trial. With respect to this Agreement,
each of the parties hereby unconditionally and irrevocably submits to the exclusive
jurisdiction of the Iowa District Court in Dallas County, Iowa or the United States
District Court for the Southern District of Iowa in any action or proceeding arising out of
or relating to this Agreement, and each party hereby unconditionally and irrevocably
agrees that all claims in respect of such action or proceeding may be heard and
determined in the Iowa District Court in Dallas County, Iowa or the United States District
Court for the Southern District of Iowa. Each of the parties irrevocably waives any
objection, including without limitation, any objection to laying of venue based on the
grounds of forum non conveniens, which it may now or hereafter have to bring of any
such action or proceedings in such respective jurisdictions. Each of the parties
irrevocably consents to the service of any and all process in any such action or
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proceeding brought in any court in such respective jurisdictions by delivery of copies of
such process to each party, at its address specified for notices to be given hereunder or by
certified mail, receipt return requested, postage prepaid, directed to such address. EACH
OF THE PARTIES HEREBY UNCONDITIONALLY AND IRREVOCABLY WAIVES
ANY RIGHT TO A JURY TRIAL WITH RESPECT TO AND IN ANY ACTION,
PROCEEDING, OR CLAIM, COUNTERCLAIM, DEMAND OR OTHER MATTER
WHATSOEVER ARISING OUT OF THIS AGREEMENT.
IN WITNESS WHEREOF the Parties to this Agreement have duly executed it in three
counterparts as of the day and year first above written.
[Signatures appear on the next two pages.]
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HUBBELL METROPOLITAN RESIDENTIAL DEVELOPMENT FUND I, LLC (SERIES E),
A series of a multi-series Iowa limited liability company
By: Hubbell Realty Company, Its Manager
By:
James R. Weber, Senior Vice President, Chief Financial Officer, Treasurer and Assistant
Secretary
By:
Dan Cornelison, Senior Vice President, General Counsel and Secretary
STATE OF IOWA )
) SS:
COUNTY OF DALLAS )
This instrument was duly acknowledged before me on the ____ day of _____________, 2016 by
James R. Weber and Dan Cornelison, the Senior Vice President, Chief Financial Officer,
Treasurer and Assistant Secretary and the Senior Vice President, General Counsel, and
Secretary, respectively, of Hubbell Realty Company, the Manager of Hubbell Metropolitan
Development Fund I, LLC (Series E), a series of a multi-series Iowa limited liability company,
on behalf of whom it was executed.
Notary Public in and for the State of Iowa
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HUBBELL REALTY COMPANY, an Iowa corporation
By:
James R. Weber, Senior Vice President, Chief Financial Officer, Treasurer and Assistant
Secretary
By:
Dan Cornelison, Senior Vice President, General Counsel and Secretary
STATE OF IOWA )
) SS:
COUNTY OF DALLAS )
This instrument was duly acknowledged before me on the ____ day of _____________, 2016 by
James R. Weber and Dan Cornelison, the Senior Vice President, Chief Financial Officer,
Treasurer and Assistant Secretary and the Senior Vice President, General Counsel, and
Secretary, respectively, of Hubbell Realty Company, on behalf of whom it was executed.
Notary Public in and for the State of Iowa
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THE CITY OF WAUKEE, IOWA,
An Iowa municipal corporation
By:
William F. Peard, Mayor
Attest:
By:
Becky Schuett, City Clerk
STATE OF IOWA )
) SS:
COUNTY OF DALLAS )
On this _______ day of ____________________, 2016, before me the undersigned, a
Notary Public in and for the said County and State, personally appeared William F. Peard and
Becky 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
organized in the State of Iowa executing the instrument to which this is attached; that said
instrument was signed on behalf of the City of Waukee, Iowa, by authority of its City Council;
and that said William F. Peard and Becky Schuett, as such officers, acknowledged the execution
of said instrument to be the voluntary act and deed of said City, by it and by them voluntarily
executed.
Notary Public in and for the State of Iowa
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LIST OF EXHIBITS
EXHIBIT A: Legal Description of the Glynn Village Plat 10 Land
EXHIBIT B: Purchase Agreement for the City Land
EXHIBIT C: Description of the initial phase of the Westown Parkway Street Improvements
EXHIBIT D: Public Utility Easement on City Land
EXHIBIT E: Temporary Construction Easement on City Land
EXHIBIT F: Public Utility Easement on N 175’ E 175’ of Government Lot 14, Section 5-78-26
EXHIBIT G: Temporary Construction Easement on N 175’ E 175’ of Government Lot 14,
Section 5-78-26
EXHIBIT H: Public Utility Easement on Parcel C of Government Lot 14 and Government Lot
13, Section 5-78-26
EXHIBIT I: Storm Water and Surface Water Flowage Easements on Parcel C of Government
Lot 14 and Government Lot 13, Section 5-78-26
EXHIBIT J: Temporary Construction Easement on Parcel C of Government Lot 14 and
Government Lot 13, Section 5-78-26
EXHIBIT K: Temporary Construction Easement on Lot 2 of Government Lot 12, Section 5-78-
26
EXHIBIT L: Change Order to City Westown Parkway Project
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EXHIBIT A
Legal Description for the Glynn Village Plat 10 Land
Government Lots 6, 7, 10 and 11 in Section 5, Township 78 North, Range 26 West of the 5th P.M.,
now included in and forming a part of the City of Waukee, Dallas County, Iowa, INCLUDING
Parcel Y in said Government Lots 7 and 10 per that Plat of Survey filed February 17, 2011, in Book
2011 at Page 2287 in the Office of the Recorder for Dallas County, Iowa, and also INCLUDING
Parcel BB in said Government Lot 11 per that Plat of Survey filed November 12, 2013, in Book 2013
at Page 20708 in the Office of the Recorder for Dallas County, Iowa;
EXCEPTING THEREFROM the Official Plats of GLYNN VILLAGE PLAT 4 filed May 25, 2012,
in Book 2012 at Page 8393 in the Office of the Recorder for Dallas County, Iowa, GLYNN
VILLAGE PLAT 6 filed August 23, 2013, in Book 2013 at Page 15888 in the Office of the Recorder
for Dallas County, Iowa, and GLYNN VILLAGE PLAT 8 filed September 19, 2014, in Book 2014
at Page 12453 in the Office of the Recorder for Dallas County, Iowa;
Also EXCEPTING THEREFROM that portion of said Government Lot 11 conveyed to the City of
Waukee by that Warranty Deed filed January 11, 2005, in Book 2005 at Page 454 in the Office of the
Recorder for Dallas County, Iowa.
Being more particularly described by survey as follows:
Beginning at the Southeast corner of Government Lot 10 in Section 5 of Township 78 North,
Range 26 West of the 5th P.M., in the City of Waukee, Dallas County, Iowa;
Thence South 83°(degrees) 19’(minutes) 50”(seconds) West, 1319.91 feet along the South
line of said Government Lot 10 to the Southeast corner of Government Lot 11 in said Section
5;
Thence South 83°20’05” West, 1314.30 feet along the South line of said Government Lot 11
to the Southwest corner of said Government Lot 11;
Thence North 01°14’08” East, 106.67 feet to a 1/2-inch iron rod with yellow surveyor’s cap
#2592 on the East line of Lot 2 of Government Lot 12 in said Section 5 per the Plat of Survey
filed in Book 729, Page 900 in the Office of the Recorder for Dallas County, Iowa;
Thence North 00°56’04” East (previously recorded as South 0°0-3/4’ West), 371.72 feet
along the East line of said Lot 2 of Government Lot 12 to the Southeast corner of
SPYGLASS PLAT 2, an Official Plat, in the City of Waukee, Dallas County, Iowa, as filed
in Book 2014, Page 10734 in the Office of the Recorder for Dallas County, Iowa;
Thence North 00°09’41” East, 345.78 feet (previously recorded as South 00°15’49” East,
345.78 feet) along the East line of SPYGLASS PLAT 2 to the Southeast corner of
SPYGLASS, an Official Plat, in the City of Waukee, Dallas County, Iowa, as filed in Book
2004, Page 19950 in the Office of the Recorder for Dallas County, Iowa;
15
Thence North 00°20’10” East (previously recorded as South 00°11’47” East), 1046.71 feet
along the East line of SPYGLASS to the Southwest corner of GLYNN VILLAGE PLAT 6,
an Official Plat, in the City of Waukee, Dallas County, Iowa, as filed in Book 2013, Page
15888 in the Office of the Recorder for Dallas County, Iowa;
Thence North 56°25’48” East (previously recorded as South 55°50’28” West), 266.54 feet
along the South line of said GLYNN VILLAGE PLAT 6 to a point on the West line of
GLYNN VILLAGE PLAT 8, an Official Plat, in the City of Waukee, Dallas County, Iowa,
as filed in Book 2014, Page 12453 in the Office of the Recorder for Dallas County, Iowa;
Thence the following twenty-four (24) courses along the West, South and East lines of said
GLYNN VILLAGE PLAT 8:
(i) South 04°07’23” West, 144.45 feet (previously recorded as North 03°32’03”
East, 144.49 feet);
(ii) South 26°04’32” East, 118.07 feet (previously recorded as North 26°35’01”
West, 118.10 feet);
(iii) South 66°23’54” East, 110.03 feet (previously recorded as North 67°04’23”
West, 110.06 feet);
(iv) South 19°16’30” East, 126.17 feet (previously recorded as North 19°48’44”
West, 126.41 feet);
(v) South 09°27’42” East, 181.45 feet (previously recorded as North 10°00’07”
West, 181.37 feet);
(vi) South 51°30’36” East, 129.59 feet (previously recorded as North 52°08’16”
West, 129.56 feet);
(vii) South 88°31’51” East, 43.96 feet (previously recorded as North 88°56’51” West,
43.89 feet);
(viii) North 88°10’51” East, 110.37 feet (previously recorded as South 87°34’19”
West, 110.51 feet);
(ix) North 48°50’18” East, 109.04 feet (previously recorded as South 48°11’08”
West, 108.85 feet);
(x) North 11°34’48” East, 111.66 feet (previously recorded as South 11°09’07”
West, 111.56 feet);
EXHIBIT A
EXHIBIT A
16
(xi) North 29°43’09” East, 34.09 feet (previously recorded as South 29°17’13” West,
34.01 feet);
(xii) North 45°19’48” East, 74.30 feet (previously recorded as South 44°29’42” West,
74.30 feet);
(xiii) South 66°33’16” East, 199.94 feet (previously recorded as North 67°08’13”
West, 199.98 feet);
(xiv) North 87°17’13” East, 173.91 feet (previously recorded as South 86°48’42”
West, 174.05 feet);
(xv) North 70°34’22” East, 166.33 feet (previously recorded as South 70°00’12”
West, 166.31 feet);
(xvi) North 54°01’17” East, 150.18 feet (previously recorded as South 53°25’17”
West, 150.24 feet);
(xvii) North 46°14’08” East, 74.61 feet (previously recorded as South 45°40’23” West,
74.48 feet);
(xviii) South 65°20’52” East, 182.50 feet (previously recorded as North 65°53’51”
West, 182.60 feet);
(xix) South 29°59’25” West, 60.05 feet (previously recorded as North 29°26’17” East,
60.08 feet);
(xx) South 57°32’26” East, 420.14 feet (previously recorded as North 58°07’21”
West, 420.09 feet);
(xxi) North 28°53’19” East, 337.83 feet (previously recorded as South 28°20’40”
West, 337.72 feet);
(xxii) North 15°05’43” East, 345.01 feet (previously recorded as South 14°31’28”
West, 345.04 feet);
(xxiii) North 00°34’37” East, 445.22 feet (previously recorded as South 00°02’22”
West, 445.24 feet);
EXHIBIT A
EXHIBIT A
17
(xxiv) South 89°24’00” East, 327.92 feet (previously recorded as North 89°57’38”
West, 327.49 feet) to the East line of Government Lot 7 in said Section 5 and the
West line of HEMINGWAY PLAT 1, an Official Plat, in the City of Waukee,
Dallas County, Iowa, as filed in Book 2006, Page 1197 in the Office of the
Recorder for Dallas County, Iowa;
Thence South 00°33’39” West (previously recorded as North 00°08’01” East), 835.01 feet
along the East line of Government Lot 7 and the West line of said HEMINGWAY PLAT 1 to
the Northeast corner of Government Lot 10 in said Section 5 and the Northwest corner of
WARRIOR RIDGE, an Official Plat, in the City of Waukee, Dallas County, Iowa, as filed in
Book 2012, Page 10376 in the Office of the Recorder for Dallas County, Iowa;
Thence South 00°57’38” West, 1310.88 feet (previously recorded as North 00°42’46” East,
1310.81 feet) along the East line of said Government Lot 10 and the West line of said
WARRIOR RIDGE and extended to the point of beginning at the Southeast corner of said
Government Lot 10.
Excepting therefrom the following described tract:
Commencing, as a point of reference, at the Southwest corner of Government Lot 11 in
Section 5 of Township 78 North, Range 26 West of the 5th P.M., in the City of Waukee,
Dallas County, Iowa;
Thence North 83°20’05” East, 450.13 feet (previously recorded as North 83°20’02” East,
450.13 feet) along the South line of said Government Lot 11;
Thence North 06°39’37” West, 103.69 feet (previously recorded as North 06°39’40”
West, 104.13 feet) to the Point of Beginning on the present North right-of-way line of
312th Place;
Thence North 04°06’26” West, 160.00 feet (previously recorded as North 04°07’46”
West, 160.00 feet);
Thence North 88°04’50” East, 70.00 feet (previously recorded as North 88°03’30” East,
70.00 feet);
Thence South 04°06’26” East, 160.00 feet (previously recorded as South 04°07’46” East,
160.00 feet) to the present North right-of-way line of 312th Place;
Thence South 88°04’50” West, 70.00 feet (previously recorded as South 88°03’30” West,
70.00 feet) along the present North right-of-way line of 312th Place to the point of
beginning.
Containing 92.89 acres in total, of which 3.63 acres is contained in present road right-of-way.
EXHIBIT A
EXHIBIT A
1
PURCHASE AGREEMENT
THIS AGREEMENT is made and entered into on this ______ day of ________________, 2016
by and between, the CITY OF WAUKEE, IOWA, an Iowa municipal corporation, (“Seller”) and
HUBBELL REALTY COMPANY, an Iowa corporation, or its assignee, ("Buyer").
WITNESSETH:
NOW, THEREFORE, in consideration of the premises, and of the mutual covenants set forth in
this Agreement, Seller and Buyer agree as follows:
1. Sale; Property. (a) Seller hereby agrees to sell to Buyer, and Buyer hereby agrees to buy
from Seller upon and subject to the terms and conditions set forth in this Agreement, the following
described land located in Dallas County, Iowa:
Parcel “AA” of Government Lot 15 in Section 5, Township 78 North, Range 26 West of
the 5th P.M., Dallas County, Iowa, as shown on the Plat of Survey, dated May 31, 2012
and filed in the Office of the Recorder for Dallas County, Iowa on May 31, 2012 in Book
2012 at Page 9051, together with any easements and servient estates appurtenant thereto,
and subject to all easements, covenants and restrictions of record, (the “Property”).
(b) Seller further agrees to assign to Buyer at closing, to the extent owned by Seller, and without
warranty, all of its right, title and interest to any site plans, surveys, drawings, engineering plans or
architectural plans, environmental, geotechnical and any other reports or documents that have been
drafted for the development of the Property or that Seller may otherwise have in its possession.
2. Purchase Price.
(a) Buyer shall pay to Seller for the Property a Purchase Price equal to Three
Hundred Forty Thousand and 00/100 Dollars ($340,000.00).
(b) Buyer shall pay the Purchase Price of the Property to Seller, in cash, as follows:
(i) $10,000 upon the execution of this Agreement by Seller, as earnest money,
to be held in the trust account of the Brick Gentry Law Firm, the City’s attorney,
pending Closing.
(ii) The balance of the Purchase Price in cash at Closing and delivery of
possession of the Property.
(c) It is the intention of Buyer that the Property may be acquired by Buyer as a part of
a tax-deferred exchange, as described in the regulations of Section 1031 of the Internal Revenue
Code. All right, title and interest of Buyer in the Property may be assigned by Buyer to a
qualified intermediary for the purpose of facilitating a tax-deferred exchange in accordance with
regulations of Section 1031 of the Internal Revenue Code, and Seller agrees to cooperate with
Buyer and with the qualified intermediary by executing any documentation reasonably necessary
to effect the tax-deferred exchange. In doing so, Seller shall bear no additional cost or liability
as a result of Buyer's intent to acquire this real estate to complete a tax-deferred exchange.
EXHIBIT B
EXHIBIT B
2
3. Real Estate Taxes, Special Assessments and Charges.
(a) Seller shall pay all of the real estate taxes that are liens on the Property for prior
years, and all those due and payable in the fiscal year in which possession is
given. All real estate taxes for the fiscal year in which possession is given, due
and payable in the following fiscal year, shall be prorated between Seller and
Buyer as of the date of possession, based upon the last actual real estate taxes
payable.
(b) Seller shall pay all special assessments that are a lien on the Property at the time
of delivery of possession of the Property to Buyer. Any preliminary or deficiency
assessment that cannot be discharged by payment shall be paid through an escrow
account with sufficient funds to pay such liens when payable with any unused
funds returned to Seller.
(c) All charges for solid waste, sewage, other utilities, and assessments for weed
cutting or property maintenance attributable to Sellers’ possession shall be paid
by Seller.
(d) All subsequent real estate taxes, special assessments and charges shall be paid by
Buyer.
4. Conditions Precedent to Closing. In the event any of the conditions set forth in this
paragraph shall not have been fulfilled on or before the deadline for satisfaction of such condition,
Buyer, in its sole discretion, may terminate this agreement by giving written notice thereof to Seller on
or before such expiration date, and shall receive a refund of the earnest money deposit. Buyer's
obligation to perform its part of this Agreement on the Closing date is conditioned upon the fulfillment
of each and every one of the following events on or before the date specified.
(a) Seller shall promptly initiate and comply with the procedures for disposition and
sale of the Property required by Iowa Code Section 364.7 and the City Council of Seller shall
have approved the sale of the Property to Buyer on or before November 1, 2016.
(b) Buyer shall have obtained authorization from its Board of Directors for the
acquisition of the Property not later than August 12, 2016.
(c) Seller shall have kept, performed and observed each and every agreement and
obligation on its part to be kept, performed and observed hereunder; all of Seller’s covenants,
representations and warranties shall be true and correct in all material respects on, and as if made
on, the Closing date; and Seller shall have delivered all Closing documents to Buyer at Closing.
The fulfillment of these terms and conditions precedent are for the benefit of Buyer; and
Buyer may, in its sole and absolute discretion, waive conditionally or absolutely the fulfillment
of any one or more of these conditions, or any part thereof, at any time, or may declare any such
condition to be fulfilled; provided, however, any such waiver or declaration shall be binding
upon Buyer only if made in a writing signed by Buyer.
5. Closing; Possession and Title. Possession of the Property shall be conveyed to Buyer at
Closing. Closing shall occur at 9:00 a.m., local time, the last business day that is within thirty (30) days
EXHIBIT B
EXHIBIT B
3
after all conditions precedent to closing have been satisfied or waived, in the offices of Buyer, or at such
other date, time or place as may be agreed by the parties ("Closing") but in no event later than December
1, 2016. At Closing, Buyer shall deliver to Seller the balance of the Purchase Price; and Seller shall
convey title to the Property to Buyer by general warranty deed, free and clear of all liens, restrictions,
and encumbrances, except as expressly provided in this Agreement.
6. Abstract of Title. Seller, at its expense, shall promptly prepare and continue an abstract
of title to the Property and deliver it to Buyer for examination. The abstract of title shall show
merchantable title in Seller to the Property in conformity with this Agreement, the Land Title Law of the
State of Iowa and the Iowa Land Title Standards of the Iowa State Bar Association. Upon Closing, the
abstract of title to the Property shall become the property of Buyer. Seller shall pay all costs for any
additional abstracting and/or title work due to any act or omission of Seller. Buyer should deliver to
Seller a copy of the title opinion of Buyer’s counsel, and Seller shall have a reasonable time thereafter,
not to exceed the greater of until the scheduled closing or thirty (30) days, to correct any title objections.
If Seller shall fail to have such objections removed prior to Closing, Buyer may, at its sole discretion,
either (i) terminate this Agreement without liability on its part, and in which event it shall receive a
refund of its Earnest Money; (ii) if the objections or judgments or the acquisitions of others’ interest in
the Property which may be removed by the expenditure of sums of money, take title to the Property,
discharge such objections, and receive a credit against the Purchase Price for the amounts so expended;
(iii) extend the time for Closing until Seller can acquire the interests of others or otherwise satisfy such
objections or judgments (provided that Seller shall not be required to do so if the total cost to acquire
such interest or satisfy such objections or judgments exceeds the Purchase Price), or (iv) take title
subject to such objections. At closing, the abstract(s) of title shall become the property of Buyer. Seller
shall pay the costs of any additional abstracting and title work due to any act or omission of Seller,
including transfer by Seller or the death of Seller’s grantor or Seller’s successors or assigns, if any.
7. Agreements regarding Development of the Property by Buyer.
(a) The parties acknowledge that Westown Parkway lying north of and adjacent to the
Property is being developed as a paved two-lane street in accordance with that certain Development
Agreement by and between Seller, Buyer and Hubbell Metropolitan Development Fund I, LLC (Series
E) (“HMDF I-E”), (the “Development Agreement”), and that Buyer and HMDF I-E are paying the costs
of development of the Westown Parkway Street Improvements as described in the Development
Agreement. Buyer further understands and acknowledges that at such time as Buyer develops the
Property, Buyer will be required, at its expense, to install curb and gutter, storm sewer and sidewalk
along the south side of the Westown Parkway abutting the Property in accordance with the applicable
requirements and design standards, as well as provide and connect any platted property to water and
sanitary sewer (the “Future Westown Parkway Work”). Seller hereby agrees that except for Buyer’s
obligation to construct the Future Westown Parkway Work, for a period of five years after closing,
Seller shall not impose a special assessment against the Property (or any part thereof) or otherwise
impose any connection fees or other charges against the Buyer or its successors or assigns or the
Property for any costs of the initial construction of any improvements to Westown Parkway adjacent to
the Property that enlarge or modify the Westown Parkway Street Improvements to be constructed
pursuant to the Development Agreement, including, but not limited to, any expansion of the width of the
pavement of Westown Parkway.
(b) The provisions of this Section shall survive Closing and continue in effect and shall not
be deemed to be merged into the deed.
EXHIBIT B
EXHIBIT B
4
9. Insurance; Damage or Destruction. Seller shall preserve the Property substantially in
its existing condition. The risk of all loss from damage or destruction shall remain with Seller until
Closing and Seller shall be entitled to any insurance proceeds for any such damage or destruction that
occurs prior to Closing.
10. Brokerage Representations and Fee. Buyer is a licensed real estate broker in the State
of Iowa and represented itself in this transaction. Buyer may acquire this Property for its own account or
may assign the right to acquire this Property to an entity in which Buyer may be an investor. Buyer
hereby agrees to protect, defend, indemnify and hold Seller harmless from any and all liability and
expenses, including reasonable attorneys’ fees, from any claim for brokerage commissions or finder’s
fees due to any licensed real estate broker engaged by or on behalf of Buyer in connection with the sale
of the Property.
Seller represented itself in this transaction. Seller hereby agrees that it will protect, defend,
indemnify and hold Buyer harmless from any and all liability and expenses, including reasonable
attorneys’ fees, from any claim for brokerage commissions or finder’s fees due any licensed real estate
broker engaged by or on behalf of Seller in connection with the sale of the Property.
11. Notices. Whenever any notice is required or permitted under this Agreement, it shall be
in writing and shall be delivered personally with acknowledgement of receipt obtained by the delivering
party or mailed by U.S. Certified Mail, return receipt requested, or sent by overnight carrier. Until
further notification by written notice in the manner required by this paragraph, notices to the parties
shall be delivered as follows:
Buyer: Hubbell Realty Company
Attn: Dan Cornelison
6900 Westown Parkway
West Des Moines, Iowa 50266
(515) 280-2051
dan.cornelison@hubbellrealty.com
Seller: City of Waukee, Iowa
Attn: Tim Moerman, City Administrator
230 W. Hickman Road
Waukee, Iowa 50263
(515) 978-7902
Email: tmoerman@waukee.org
If notice is given by mailing, then the notice shall be deemed to have been given on the date the
envelope containing the notice is deposited in the United States mail, properly addressed to party to
whom it is directed, postage prepaid. If notice is sent by overnight carrier, it shall be deemed given
upon receipt as evidenced by the signature obtained by the carrier.
12. Remedies. If either party shall default in any of its obligations under this Agreement,
and such default shall continue for ten (10) days after the other party has given written notice specifying
the nature of such default, then:
EXHIBIT B
EXHIBIT B
5
(a) If the Buyer defaults in the performance of this Agreement under any provision of
this Agreement, the then the earnest money shall be paid to Seller as full and complete Damages
(the parties agreeing that the earnest money represents a fair and reasonable approximation of
damages), whereupon the Agreement shall terminate. Seller shall not be entitled to specific
performance as a remedy and specifically waives it rights to such remedy.
(b) If Seller defaults in the performance of this Agreement, then Buyer may terminate
this Purchase Agreement by written notice to Seller, in which case this Purchase Agreement shall
terminate and be of no further force and effect and Buyer shall receive a full refund of the earnest
money deposit. Buyer shall also be entitled to seek specific performance as a remedy against
Seller.
(c) In the event of any litigation between the parties to this Agreement, the prevailing
party shall be entitled to recover the costs of litigation and the reasonable attorney and witness
fees and expenses that it incurred from the non-prevailing party.
13. Assignment. Buyer shall have the right to assign and transfer all, or any part, of its
interest in this Purchase Agreement to any affiliated entity, without Seller’s consent, in one or more
separate transactions, or to assign and transfer all, or any part, of its interest in this Purchase Agreement
to any unaffiliated person, firm or entity of its choice, in one or more separate transactions with the prior
consent of the Seller, which consent shall not be unreasonably withheld or delayed; provided, however,
that no such assignment or transfer shall affect the liability of Buyer under this Agreement.
14. Agreement Binding Upon Successors. This Agreement shall inure to the benefit of, and
be binding upon, the parties hereto and their heirs, legal representatives, successors and assigns.
15. Time. Time is of the essence in the performance of this Agreement.
16. Entire Agreement. This Agreement, together with the Development Agreement, contain
the entire agreement between Seller and Buyer; and all prior communications or agreements between the
parties to this Agreement or their representatives, whether oral or written, are merged into this
Agreement and the Development Agreement and extinguished. No agreement, representation or
inducement shall be effective to change, modify or terminate this Agreement, in whole or in part, unless
in writing and signed by the party or parties to this Agreement to be bound by such change, modification
or termination. If any term or provision of this Agreement or any application thereof shall be
unenforceable, the remainder of this Agreement and any other application of any such term or provision
shall not be affected thereby, and each provision of this Agreement shall be valid and enforceable to the
fullest extent permitted by law. The parties to this Agreement acknowledge and agree that this
Agreement represents a negotiated Agreement, having been drafted, negotiated and agreed upon by the
parties and their legal counsel. Therefore, the parties agree that the fact that one party or the other may
have been primarily responsible for drafting or editing this Agreement shall not, in any dispute over the
terms of this Agreement, cause this Agreement to be interpreted against such party.
17. Waivers. No party may waive any condition or breach of any term, covenant or
condition of this Purchase Agreement, except in a writing specifically describing the condition or breach
waived. The waiver by either party to this Purchase Agreement of any condition of, or breach of any
term, condition or covenant contained in, this Purchase Agreement shall not be deemed to be a waiver of
any other condition or of any subsequent breach of the same or of any other term, condition or covenant
of this Purchase Agreement.
EXHIBIT B
EXHIBIT B
6
18. Governing Law. This Purchase Agreement is made and executed under and in all
respects is to be governed and construed by the laws of the State of Iowa.
19. Survival of Terms. All terms, covenants and conditions of this agreement shall survive
the closing and delivery of deed.
IN WITNESS WHEREOF, Seller and Buyer have duly executed this Purchase Agreement, in
two originals, each of which is but one and the same agreement, as of the year and
day first above written.
HUBBELL REALTY COMPANY, Buyer
By:
James R. Weber, Senior Vice President, Chief Financial Officer, Treasurer and Assistant Secretary
By:
Dan Cornelison, Senior Vice President, General Counsel and Secretary
Date: August ____, 2016
SELLER:
CITY OF WAUKEE, IOWA
By:
William F. Peard, Mayor
Attest:
By:
Becky Schuett, City Clerk
Date: _____________________________________
L:\Glynn Village\Plat 10\Purchase Agreement for City Land.docx
EXHIBIT B
EXHIBIT B
18
EXHIBIT C
Description of the initial Westown Parkway Street Improvements
The fill, grading, construction of storm sewer pipes draining under the street, the construction of
the water line along the south side of the street, subgrade preparation, pavement of two lanes of
27.5 foot wide, 9 inch thick street with curb and gutter on the north side only and a rural finish
on the south side, a 4 foot wide sidewalk along the north side and street lights along the north
side, all as more particularly shown upon plan sheets 23-25, 48-54, 66-69, 72-73 and 86 of the
Construction Drawings for Glynn Village Plat 10, prepared by Engineering Resource Group,
Inc., dated November 16, 2015, as the same may have been revised, and approved by the City of
Waukee, Iowa on January 18, 2016, except that it does not include the portion thereof included
in the City Westown Parkway Project as defined above in the Development Agreement to which
this Exhibit C is attached.
EXHIBIT D
EXHIBIT D
EXHIBIT E
EXHIBIT E
EXHIBIT F
EXHIBIT F
EXHIBIT G
EXHIBIT G
EXHIBIT H
EXHIBIT H
EASEMENT EXHIBIT
EXHIBIT I
EXHIBIT I
EXHIBIT J
EXHIBIT J
EXHIBIT K
EXHIBIT K
CITY OF WAUKEE
Department of Public Works
805 University Avenue Distribution:
Waukee, IA 50263 Owner __X__
Phone: (515) 978-7920 Engineer__X__
Fax: (515) 987-3979 Contractor__X__
Other _____
Contractor:McAninch Corporation
4001 Delaware Avenue
Des Moines, IA 50313
March 3, 2016
3 2010-G-1000 SY $3.30 5,054.000 $16,678.20
27 7010-A-2007 SY $64.20 4,412.200 $283,263.24
$0.00
$0.00
$0.00
$0.00
$299,941.44
$1,681,815.95
$0.00
$1,681,815.95
$299,941.44
$1,981,757.39
0 Days
Owner:City of Waukee
□ ≤$500 Department Director X_______________________________________Date__________________Date___________________
□ $501 to $2,500 City Administrator X_______________________________________Date__________________Date___________________
□ >$2,501 City Council approved or ratified at Council meeting on Date___________________
The new Contract Sum including this Change Order will be
Date
THE CONTRACT IS CHANGED AS FOLLOWS:
Item No.Value AdjustmentQuantity AdjustmentUnit PriceUnit
PCC Pavement, Class C, Class 3, 9 IN. - 27.5 ft. wide paving with curb on the north side only,
1444 LF
Item Code
August 3rd, 2016
Date:
Signature:
Recommended By:
Project Title
Shive-Hattery Project File Number
Change Order Number
The Contract Time will be changed by
CHANGE ORDER SUMMARY
TOTAL
The Original Contract Sum was
Net Change by previously authorized Change Orders
The Contract Sum prior to This Change Order was
The Contract Sum will be increased by this Change Order in the amount of
Waukee Project File Number
Description
Subgrade Preparation
Date:
Signature:
Name: Nathan Hardisty
Title: Project Engineer
NOT VALID UNTIL SIGNED BY THE CONTRACTOR, OWNER'S REPRESENTATIVE (if applicable) AND OWNER
Shive-Hattery, Inc.
Checked By:
City of Waukee
Signature:
Name:
Title:
Date:
McAninch Corporation
Contractor:
Name:
Title:
CHANGE ORDER #1
Orig. Contract Amount & Date
Westown Parkway / R22 Intersection Improvement Project
4151850
$1,681,815.95
1
P:\Projects\DM\4151850\Construction\CASupport\CO\#1\Change Order #1.xlsx 1 of 1
EXHIBIT L
EXHIBIT L