HomeMy WebLinkAbout2021-09-20-I04 Prairie Village_Development Agr AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: September 20, 2021
AGENDA ITEM: Consideration of approval of a resolution approving a Development
Agreement with Signature Companies of Iowa, LLC (Prairie Village)
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: The City Council has recently approved the rezoning
for Prairie Village which is a 132-acre residential and commercial
development. The property is located north of University Avenue and
west of 6th Street. In order to develop the property, the paving of
University Avenue is required. In lieu of having the applicant pave only
a portion of University Avenue, the applicant will install an asphalt
overlay as part of the plat improvements. In return, the City, in the future
will complete the permanent pavement of University Avenue.
Staff has prepared a development agreement, which defines the
obligations of both the City and developer related to the development of
the property. The agreement includes provisions related to the asphalt
overlay of University Avenue and reimbursement of costs associated
with the construction of an existing water main. Per the agreement, the
developer will complete the asphalt overlay by May 31, 2022 and will
satisfy costs associated with future University Avenue improvements by
providing payments to the City as various phases of the Prairie Village
are platted.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Staff would recommend approval of the development
agreement.
RECOMMENDATION: Approve the resolution
ATTACHMENTS: I. Proposed Resolution
II. Development Agreement
PREPARED BY: Andy Kass, Planning Coordinator
REVIEWED BY:
I4
THE CITY OF WAUKEE, IOWA
RESOLUTION 2021-
APPROVING DEVELOPER’S AGREEMENT FOR PRAIRIE VILLAGE
[SIGNATURE COMPANIES OF IOWA, LLC]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal
Organization; AND,
WHEREAS, the City Council has previously approved the rezoning of a property to be known as Prairie
Village (Ordinance 2999) located west of 6th Street and north of University Avenue; AND,
WHEREAS, the City has been in discussion with the developer, Signature Companies of Iowa, LLC,
regarding certain obligations of both the City and the developer related to public improvements and
requirements of the subdivision; AND,
WHEREAS, the discussions have resulted in a development agreement that the City Staff believes are in
the best interest of the City to approve.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa, that the
Developer’s Agreement with Signature Companies of Iowa, LLC, is hereby approved.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute any and all documents to
effectuate the development agreement, and that the City Clerk shall cause the originals of the agreement
to be recorded upon the properties by submitting the original to the Dallas County Recorder with the
appropriate recording fees.
Passed by the City Council of the City of Waukee, Iowa, and approved this the 20th day of
September, 2021.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman Pierce
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair
1
Prepared by: Steven P. Brick, Brick Gentry P.C., 6701 Westown Parkway, Suite 100, West Des Moines, IA (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"); and Signature Companies of
Iowa, LLC, an Iowa limited liability company (hereinafter referred to as “Property Owner”);
(The City and Property Owner may also be collectively referred to as “Parties”) and
WHEREAS, Property Owner presently owns certain real property located within the
corporate limits of the City and presently legally described as:
ALL OF PARCEL ’21-54’, BEING A PART OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER AND A PART OF THE SOUTHEAST QUARTER AS
SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK 2021, PAGE 19741
AND A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER
AND A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER
AND A PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER,
ALL IN SECTION 32, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH
PRINCIPAL MERIDIAN IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA
AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER
OF THE SOUTHWEST QUARTER; THENCE NORTH 00°44'29" EAST ALONG THE
WEST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
AND THE WEST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER, 1807.73 FEET; THENCE SOUTH 89°15'31" EAST, 249.31 FEET;
THENCE SOUTH 63°09'26" EAST, 647.02 FEET; THENCE SOUTH 44°13'04" EAST,
445.22 FEET; THENCE SOUTH 86°09'32" EAST AND ALONG THE NORTHERLY
LINE OF SAID PARCEL ’21-54’ AND THE WESTERLY EXTENSION THEREOF,
195.37 FEET; THENCE NORTH 57°55'23" EAST CONTINUING ALONG SAID
NORTHERLY LINE, 238.14 FEET; THENCE NORTH 65°59'16" EAST
CONTINUING ALONG SAID NORTHERLY LINE, 301.24 FEET; THENCE NORTH
78°54'48" EAST CONTINUING ALONG SAID NORTHERLY LINE, 388.27 FEET;
THENCE NORTH 83°22'59" EAST CONTINUING ALONG SAID NORTHERLY
2
LINE, 234.65 FEET; THENCE SOUTH 68°35'25" EAST CONTINUING ALONG
SAID NORTHERLY LINE, 91.56 FEET; THENCE SOUTH 85°47'15" EAST
CONTINUING ALONG SAID NORTHERLY LINE, 127.66 FEET; THENCE SOUTH
18°15'19" EAST CONTINUING ALONG SAID NORTHERLY LINE, 125.13 FEET;
THENCE SOUTH 89°44'55" EAST CONTINUING ALONG SAID NORTHERLY
LINE, 1280.78 FEET TO THE NORTHEAST CORNER OF SAID PARCEL ’21-54’;
THENCE SOUTH 00°41'28" WEST ALONG THE EAST LINE OF SAID
SOUTHEAST QUARTER, 1382.99 FEET TO THE SOUTHEAST CORNER OF SAID
SECTION 32; THENCE NORTH 89°38'19" WEST ALONG THE SOUTH LINE OF
SAID SOUTHEAST QUARTER, 2642.55 FEET TO THE CENTER OF SAID
SECTION 32; THENCE NORTH 89°52'58" WEST ALONG THE SOUTH LINE OF
SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, 1319.81 FEET
TO THE POINT OF BEGINNING AND CONTAINING 132.33 ACRES (5,764,354
SQUARE FEET).
THE PROPERTY IS SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.
(herein referred to as the “Property”); and
WHEREAS, Property Owner intends to develop the Property as individual single-family
and multi-family subdivisions in multiple phases in accordance with this agreement and the City
of Waukee subdivision requirements; and
WHEREAS, as part of the development of the Property, Property Owner must make
certain public improvements to University Avenue and dedicate certain ROW to accommodate
the increased traffic and other burdens upon the City resulting from the development of the
Property; and
WHEREAS, surrounding properties in the area of the Property have the same
responsibilities pertaining to the development of their properties and there needs to be
coordination among the various undertakings with respect to the public improvements serving all
properties in the area as it pertains to the Development of their respective properties.
WHEREAS, the Parties desire to enter into an agreement setting forth the respective
understandings and obligations of the Parties.
In consideration of the mutual promises as more particularly set forth herein, sufficiency
of which is hereby acknowledged, the Parties agree as follows:
1. Scope. The parties agree that this Agreement only addresses University
Improvements, and associated public infrastructure as more particularly described
herein. The Property Owner has other obligations associated with the Platting, Site
plan and development of the Property and this Agreement does not in any way effect
the obligations of the Developer to satisfy the obligations imposed by Federal, State
and Local laws and regulations.
3
2. University Avenue Temporary Improvements. The Property Owner agrees that it will
complete the construction of an asphalt overlay over University Avenue adjoining the
Property. The Project shall include the completion of an asphalt overlay from their
eastern property line to the western edge of the Property to be platted as Prairie
Village Plat 1 which is generally depicted as the portion of the Property identified as
’Phase 1’ on Exhibit A. Prior to commencing the overlay project, the Property Owner
shall obtain two quotations for the improvement project and shall submit the same to
the City for approval. Property Owner will proceed with the overlay in accordance
with the quote approved by the City and submit proof of payment by the Property
Owner to the contractor engaged by Property Owner to complete the overlay.
Property Owner shall complete the asphalt overlay project adjoining the property by
May 31, 2022.
Property Owner understands and agrees that in the event that Property Owner elects
to plat portions of the Property to the west of Prairie Village Plat 1, and/or additional
vehicular access points to the Property are undertaken before University Permanent
Improvements are undertaken, Property Owner maybe required to undertake further
asphalt overlay west of Prairie Village Plat 1.
3. University Avenue Permanent Improvements. The Parties agree that the asphalt
overlay contemplated in Paragraph 2 is only a temporary improvement and that
University Avenue will need to be reconstructed as 31-foot urban PCC street section
in the future. Property Owner understands and agrees that the City subdivision
regulations provide that as part of the development of the Property, Property Owner is
responsible for the construction of one-half of a 31-foot urban PCC street section
including storm sewer, streetlights, and five-foot sidewalk (collectively “the
Improvements”) along University Avenue adjoining said Property. In lieu of
Property Owner making these improvements, Property Owner agrees to pay to the
City the cost of the Improvements on a per acre pro rata basis over the entire 132.33
acres at the time of platting each portion of the Property. The total cost of the
Improvements will be $1,181,118.53 and is referenced in Exhibit B. The total cost of
the Improvements is representing the costs of completing the foregoing improvements
which will be completed at a point in the future when the properties on the other side
of University Avenue develop. Property Owner and the City agree that said payment
will satisfy Property Owner’s obligations to undertake said Public Improvement for
the Property. In addition, the amount due from Property Owner pursuant to this
paragraph will be reduced by the approved costs incurred by Property Owner of
completing the University Avenue Temporary Improvements in the manner set forth
in Paragraph 2 of this agreement.
4. University Avenue Property Dedication and Easements. Property Owner, and its
successors in interest and assigns, understand and agrees that University Avenue
adjacent to the Property is planned by the City to be improved as a 4-lane parkway,
potentially in phases. Property Owner agrees and covenants, on behalf of itself and its
successors and assigns, that within 30 days of a request by the City, or upon final plat
approval of each portion of a portion of the property adjacent to University Avenue,
4
to dedicate to the City, at no cost to the City, fee title free of any liens or
encumbrances, adjacent and along University Avenue, an amount the City specifies,
which shall be at a minimum of 60 feet of Property adjacent and along University
Avenue, a minimum of 67.5 feet at or around planned intersections. In addition,
Property Owner, its successors or assigns shall provide, at no cost to the City,
temporary construction easements, on forms required by the City, adjacent and along
University Avenue, an amount the City specifies, which shall be at a minimum of 15
feet of Property adjacent and along the wholly constituted University Avenue right of
way. These obligations shall run with the Property and be binding on Property
Owner, its successors in interests and assigns.
5. Water Main Extension. Property Owner understands and agrees that it is responsible
for the construction of a portion of a water main along University Avenue adjacent to
the Property which will be used by Property Owner to serve the developments within
the Property. In satisfaction of Property Owner’s responsibility for its share of
construction of the water main serving the Property, Property owner agrees to
reimburse the City the sum of $179,305.94 on a per acre pro rata basis over the entire
132.33 acres at the time of platting each portion of the Property. The total cost of the
Water Main Improvements is referenced in Exhibit B.
6. This agreement pertains only to the matters specifically addressed herein, and is
not intended to address, alter, or otherwise effect other obligations of Property
Owner required as part of the platting and the Development of its Property.
Nothing herein shall change or otherwise effect Property Owner’s obligations to
pay applicable connection fees as part of the platting and development of the
Property.
7. Binding Effect. This Agreement shall inure to the benefit of and be binding upon all
Parties, their successors in interests or assigns, if any. This Agreement is intended by
the Parties to provide for the entire agreement between the Parties and is limited in
scope to matters expressly provided herein.
8. Enforcement. Should it become necessary for either party to enforce this agreement,
the defaulting party shall be responsible for any and all attorney’s fees and expenses
incurred by the other party in pursuit of enforcement of this Agreement.
9. 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.
[Signature pages follow.]
5
CITY OF WAUKEE, IOWA
By: ___________________________________
Courtney Clarke, Mayor
By: ___________________________________
Rebecca D. Schuett, City Clerk
Date:___________________, 2021
(City Seal)
STATE OF IOWA, DALLAS COUNTY, ss:
On this _____ day of _________________, 2021, before me the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D. Schuett,
to me personally known, who, being by me duly sworn, did say that they are the Mayor and City
Clerk, respectively, of the City of Waukee, Iowa; that the instrument was signed and sealed on
behalf of the City by authority of its City Council, as contained in Resolution No. ______ passed by
the City Council on the _____ day of ______________, 2021, and that Courtney Clarke and
Rebecca D. Schuett, as such officers, acknowledged the execution of the instrument to be the
voluntary act and deed of the City, by it and by them voluntarily executed.
__________________________________________
Notary Public in and for the State of Iowa
6
SIGNATURE COMPANIES OF IOWA, LLC
By: ___________________________________________
Print Name: _________________________________
Title: _______________________________________
Dated:__________________________, 2021
STATE OF IOWA, __________________ COUNTY, ss:
On this _______ day of _____________, 2021, before me, a Notary Public in and for said
county, personally appeared ___________________, to me personally known, who being by me
duly (sworn or affirmed) did say that he is the ___________________ of said limited liability
company, that said instrument was signed on behalf of the said limited liability company; and,
that said ___________________, as such ___________________, acknowledged the execution
of said instrument to be the voluntary act and deed of said limited liability company, by it and by
him voluntarily executed.
____________________________________
Notary Public in and for the State of Iowa
7
EXHIBIT A
8
Exhibit B
University Ave - Prairie Village Opinion of Cost
Length of University Ave Frontage 3,963 LF
Item Description Quantity Unit Unit Cost Cost
Paving (15.5')6,825.17 SY $65.00 $443,635.83
Subgrade Prep 8,146.17 SY $3.00 $24,438.50
Subbase (6")2,474.40 Ton $40.00 $98,975.93
Storm Sewer Crossings 245.71 LF $80.00 $19,656.48
Storm Sewer Trunk 1,981.50 LF $120.00 $237,780.00
Storm Sewer Structures 15.85 EA $5,000.00 $79,260.00
Subdrain 3,963.00 LF $15.00 $59,445.00
Sidewalk (5' wide)2,201.67 SY $55.00 $121,091.67
Street Lights 13.21 EA $6,000.00 $79,260.00
Seeding 2.27 Acre $2,500.00 $5,686.12
Erosion Control 3,963.00 LF $3.00 $11,889.00
Total Cost $1,181,118.53
University Ave - Prairie Village Opinion of Cost
Length of University Ave Frontage 3,963 LF
per LF Cost 90.49$
Item Description Quantity Unit Unit Cost Cost
12" Water Main 3,963.00 LF $45.25 $179,305.94
Total Cost $179,305.94