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Home My WebLink About2008-10-06-Resolutions 08-225_Clayton Commons - Property Sale - Development Agr - School DistrictTHE CITY OF WAUKEE,lOW A RESOLUTION 08-225 APPROVING A DEVELOPER'S AGREEMENT BETWEEN THE CITY OF WAUKEE AND THE WAUKEE COMMUNITY SCHOOL DISTRICT IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the Waukee Community School District executed an Offer to Purchase certain property located west of 6th street which has been previously approved by the City Council; AND WHEREAS,the School District intends to develop the property as a school and requires certaio public improvements be undertaken in the near future to further the District's plans for development of the acquired property;AND WHEREAS,the School District has approved the Developer's Agreement attached hereto as Exhibit A which sets forth the necessary public improvements requested by the District; provisions for the Waukee Community School District's financial obligations relative to said improvements,and the City's obligations concemiog the same. BE IT THEREFORE RESOLVED by the City Council of the City of Waukee that the Developer's Agreement between the Waukee Community School District and the City of Waukee attached hereto as exhibit A should be and the same is hereby approved and that the Mayor is authorized to execute the same on behalf of the City, Passed by the City Council of the City of Waukee,Iowa,and approved this the 6th day of October,2008. Attest: .u",,,L,Kooistra,City Administrator/Clerk ROLL CALL VOTE Donald L.Bailey,Jr. Casey L.Harvey C,Isaiah McGee Darlene Stanton Mike Watts AYE X X X X NAY ABSENT ABSTAIN X DEVELOPERS AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Waukee,Iowa (hereinafter referred to as the "City"),and The Waukee Community School District (hereinafter referred to as the "Property Owner"): WBEREAS,the Property Owner are the owners of tract of real estate legally described in Exhibit A attached hereto (the "Property");and WBEREAS,the property owner has asked the City to undertake preliminary improvements to make the property more suitable for development;and WBEREAS,the preliminary improvements contemplated hereunder,as preliminarily diagramed and preliminarily quantified on Exhibit B attached hereto,include the: 1)extension of Northview Drive and associated sidewalk,water main,storm and sanitary sewer work; 2)a storm water detention/retention facility; 3)6th Street roadway improvements including 3 lanes with a total width of 41 feet, storm sewer,sidewalks and a right tum lane serving the property;and 4)water main improvements along 6111 Avenue from University Avenue. All improvements will be in accordance with design specifications approved by the City, in its sole discretion,hereinafter collectively referred to as the "project";and WBEREAS,in order to assist and induce the City to undertake the project the Waukee Community School District has agreed to make payment to the City in accordance with the payment schedule and terms set forth in this agreement and in consideration of said payment the City agrees to commence the project;and WBEREAS,Property Owner and the City wish to set forth their agreements with respect to the payment by property owner to the City related to said proj ect, NOW,THEREFORE,IT IS AGREED AMONG THE PARTIES HERETO AS FOLLOWS: 1.In consideration of the inducements,representations and payments contemplated pursuant to this agreement,the City of Waukee shall cause the proj ect to be constructed in accordance with such plans and specifications,as it shall deem appropriate.The construction of the improvements shall be under the supervision of an engineer to be selected by the City.While City is undertaking the project,City shall assure some method of access to the property for construction by property owner of the school.The City will make its best effort to complete the project on or before August 1,2010.Even if the project is not complete,the City shall assure 1 access to the property so that Property Owner can open the school it builds on the property by August 1,2010. 2.Payment.The Property Owner agrees to pay unto the City of Waukee 56.2%of the total proj ect costs incurred for the proj ect including but not limited to,the actual costs of construction,engineering,administration and legal associated with all components of the project as determined by the City,in its sole discretion.The property owners share of proj ect cost payments are not to exceed $1,041,000.00,notwithstanding any other provision in this agreement.The Property Owner agrees to pay its share of the total project costs in two installments.The first installment,equal to one-half of the bid received and accepted by the City, shall be paid by property owner unto the City upon the City's award of the contract.The second installment in an amount equal to 56.2%of the total project costs,less the first payment,shall be paid by property owner to the City upon final acceptance of the completed project by the City. Said payment shall be due within 10 days of the invoice by the city for the second installment, interest shall accrue on payments not paid when due at the rate of 10%per annum. The Property Owner shall pay unto the City the amounts provided pursuant to foregoing provision,when due,however,said payment shall not be construed as a waiver of Property Owners right to verify the invoice amount or contest the accuracy of the invoice for the second installment so long as the property owner within 120 days of the due date for the second installment demands to arbitrate either issue.In the event of said demand,the parties shall select an arbitrator by mutual agreement within 14 days by exchanging the names of three potential arbitrators each.If the parties cannot agree on an arbitrator from those identified each parties lists,the lists shall be submitted for selection by a Judge in the Iowa District Court for Dallas County.Upon selection of an arbitrator,the parties shall arbitrate the issue.The costs of the arbitrator shall be shared equally by both parties. 3.Further Understanding.Property Owner understands and agrees that this agreement is only intended to address the initial installation of the Preliminary Public Infrastructure (proj ect)set forth herein and in the event additional public infrastructure becomes necessary beyond that which is the subj ect of the agreement the Property Owner understands that it may be responsible for additional costs,charges,outlays,expenses and/or assessments as determined and imposed by the City.Property owner also understands it will be responsible for the costs associated with the property's connection to the public infrastructure installed pursuant to this agreement.Property Owner also understands that it will be,without limitation,responsible for any and all connection fees,charges or assessments existing/levied now or in the future and that this agreement is not intended to waive,alter,effect or otherwise limit any responsibility of the property owner in any way.Property owner shall also adhere to any and Federal State and Local laws in anyway associated with the development of the property and be responsible for all charges,expenses and fees associated with the same. 4.Attorneys'Fees.The prevailing party shall be entitled to attorneys fees and costs associated with any action to enforce its rights. 5.Severability.If any provision hereof is for any reason unenforceable or inapplicable,the other provisions hereof will remain in full force and effect in the same manner as if such unenforceable or inapplicable provisions had never been contained herein. 2 6.Governing Law.This Agreement shall be governed by and construed ill accordance with the laws of the State ofIowa. 7.Effective.This Agreement is subj ect to and contingent upon approval by the Waukee City Council.In the event the Waukee City Council does not approve this agreement, this Agreement shall be null and void. 8.Recording.This Agreement shall be recorded with the Dallas County,Iowa, Recorder and shall constitute a lien on the property until the recordation of a valid release executed by the Mayor after approval of the City Council by resolution. 9.Authority.The undersigned signatory represents and warrants that they have full authority to execute this agreement on behalf of the Waukee Community School District and to bind said district to the obligations created herein. 10.The City agrees that it shall not require the dedication of additional ground from Property owner as part plat approval unless the property owner changes the scope of the proj ect they have presented conceptually to the City staff in negotiations leading to this agreement necessitating additional public improvements requiring additional dedication. DATED as of Ovb""O'o""'C<LC--'k2"'-----',2008. [Signature pagefollows.] 3 THE CITY OF WAUKEE,IOWA Attest: WAUKEE COMMUNITY SCHOOL DISTRICTBY~t,~t~J""~Printed Name 4 EXHIBIT A LEGAL DESCRIPTION PARCELB APART OF THE SOUTHWEST Y.OF SECTION 33,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5TH PM,IN THE CITY OF WAUKEE,DALLAS COUNTY,IOWA AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 5,TOWNSHIP 78 NORTH,RANGE 26 WEST OF SAID 5TH PM;THENCE NORTH 1°02'12"WEST, 1513.54 FEET;THENCE SOUTH 89°48'43"WEST,70.31 FEET TO THE POINT OF BEGINNING;THENCE CONTINUING SOUTH 89°48'43"WEST,818.07 FEET; THENCE NORTH 0°11'17"WEST,910.18 FEET;THENCE NORTHEASTERLY ALONG A CURVE CONCAVE SOUTHEASTERLY WHOSE RADIUS IS 25.00 FEET, WHOSE ARC LEGNTH IS 39.27 FEET AND WHOSE CHORD BEARS NORTH 44°48'43"EAST,35.36 FEET;THENCE NORTH 89°48'43"EAST,762.91 FEET;THENCE SOUTHEASTERLY ALONG A CURVE CONCA VB SOUTHWESTERLY WHOSE RADIUS IS 25.00 FEET,WHOSE ARC LEGNTH IS 39.13 FEET AND WHOSE CHORD BEARS SOUTH 45°21'02"EAST,35.25 FEET;THENCE SOUTH 0°30'47"EAST,910.34 FEET TO THE POINT OF BEGINNING AND CONTAINING 17.50 ACRES(762,300 S.F.) 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"-p -=r'--,,-- ¥HIJlIT B- -11 = --.---...---...--.._.._.._"-"-"-"-"-"- ..--, .--./ 6TH STREET J ~r--+-- ciil r----+----i ~,--+_1~~_I----------~~__E,~1fL - WAUKEE,IOWA CLAYTON PROPERTY 12-INCH WATER MAIN -6TH STREET PRELIMINARY QUANTITY ESTIMATE Item Quantity Traffic Control LS Construction Stalcing LS Mobilization LS Erosion Control (SWPPP)LS 12"Water Main 2,460 LF Hydrant Assembly 4 Ea. 12"Valve 5 Ea. 8"Valve 3 Ea. Surface Restoration LS WAUKEE,IOWA CLAYTON PROPERTY DETENTION FACILTY PRELIMNARY QUANTITY ESTIMATE Item Quantity Traffic Control LS Construction Staking LS Mobilization LS Erosion Control (SWPPP)LS Excavation 20,000 CY 72"Apron 2 Ea. Culvert -72"RCP 120 LF Outlet -36"RCP 120 LF Surface Restoration LS Item WAUKEE,IOWA CLAYTON PROPERTY NORTHVIEW DRIVE PRELIMNARY QUANTITY ESTIMATE Quantity Unit Cost LS LS LS LS 4,109 SY 4,577 SY Traffic Control Erosion Control (SWPPP) Construction Staking Mobilization Sub grade Preparation Pavement -7"PCC Storm Sewer IS"RCP l8"RCP M-A M-C M-D M-E Sidewalks Excavation Surface Restoration 12"Water Hydrants Valves 8"Sewer Manholes Pump Station Removal Wet Well Conversion to MH 281 LF 90LF 1 Ea. 1 Ea. 1 Ea. 1 Ea. 740 SY 2,000 CY 2Ac. 830 LF 4 Ea. 2 Ea. 1,220 LF 4 Ea. LS 1 Ea. Total Cost ,> Item Traffic Control Erosion Controll (SWPPP) Construction Staking Mobilization Sub grade Preparation Modified Subbase Excavation Pavement Removal Sidewalk -4"PCC (School Side) Bike Trail (East Side) Pavement -8"PCC Storm Sewers IS"RCP 18"RCP 21"RCP 24"RCP 30"RCP Intakes M-A M-C Surface Restoration Miscellaneous 8"PCC -Right TUl1l Lanes WAUKEE,IOWA CLAYTON PROPERTY 6th STREET (R-22) PRELIMNARY QUANTITY ESTIMATE Quantity LS LS LS LS 6,750 SY 1,125 CY 7,500 CY 3,600 SY 490 SY 1,056 CY 5,602 SY 265 LF 270LF ,350 LF 300LF 50LF 4 Ea. SEa. 3 Ea. LS 660 SY