Loading...
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