HomeMy Public PortalAboutResolutions-2022-066RESOLUTION NO. 2022-066
A RESOLUTION AUTHORIZING THE ENTERING INTO A DEVELOPER'S
AGREEMENT WITH IOWA DEVELOPMENT GROUP INC., TIFFIN, IOWA, FOR
PRAIRIE VILLAGE COMMERCIAL PART 3
Whereas, McClure Engineering, on Iowa Development Group Inc., has filed with the
City of Tiffin a revised preliminary plat for Prairie Village Commercial Part 3, a
subdivision to the City of Tiffin, Iowa, and;
Whereas, Resolution 2022-065 was approved by City Council on July 19, 2022,
approving the revised preliminary plat for said development, and;
Whereas, the Developer's Agreement will include any and all particulars to the
approved preliminary plat for Prairie Village Commercial Part 3,
Now, therefore be it resolved by the City Council of the City of Tiffin, Iowa, that the
Attorneys representing Iowa Development Group Inc., and the City of Tiffin have
reviewed and have taken under consideration all requested revisions to be made by the
City Council of Tiffin. The City Council now having further reviewed the Developer's
Agreement and do now approve the Agreement as printed and authorize the Mayor and
City Clerk to enter into an agreement with Iowa Development Group Inc., to fully
execute the document.
On the 2nd day of August, 2022, at a regular meeting of the Tiffin City Council, Tiffin,
Iowa, Councilperson Schnedler introduced RESOLUTION NO. 2022-066, A
RESOLUTION AUTHORIZING THE ENTERING INTO A DEVELOPMENT
AGREEMENT WITH IOWA DEVELOPMENT GROUP INC., TIFFIN, IOWA, FOR
PRAIRIE VILLAGE COMMERCIAL PART 3 and made a motion for approval. Motion
seconded by Councilperson Havens.
Ayes: Limkemann, Orris, Olney, Havens, Schnedler.
Nays: None.
Whereupon five Council members were present and voted approval and Mayor Berner
declared that RESOLUTION NO. 2022-066, A RESOLUTION AUTHORIZING THE
ENTERING INTO A DEVELOPMENT AGREEMENT WITH IOWA DEVELOPMENT
GROUP INC., TIFFIN, IOWA, FOR PRAIRIE VILLAGE COMMERCIAL PART 3, to be
adopted and signified his approval of the same by affixing his signature thereto.
Passed by the City Council on the 2nd day of August, 2022.
City of Tiffin
Steven L. Berner, Mayor
ATTEST:
THIS INSTRUMENT PREPARED BY/RETURN TO: Joseph C. Judge, Lane & Waterman LLP, 220 N. Main St. #600,
Davenport, IA 52801; (563) 324-3246
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made by and between the City of Tiffin, Iowa, a municipal
corporation, hereinafter referred to as "City," and TPV Commercial, LLC, an Iowa limited
liability company, hereinafter referred to as "Developer," and Iowa Development Group, Inc. an
Iowa Corporation, hereinafter referred to as "Owner." Developer will be acquiring the
Subdivision from Owner. The obligations under this Agreement shall run with the land. Upon
Owner transferring title of the Subdivision, Developer shall assume all of Owner's obligations
under this Agreement and Owner shall be released from any and all liability or obligations under
this Agreement.
SECTION 1. REQUEST FOR PLAT APPROVAL
Developer has requested that the City approve the preliminary plat, attached hereto as
Exhibit A and incorporated herein by reference, for a proposed subdivision known as Prairie
Village Commercial Part 3(referred to herein as the "plat") for the following described real estate
situated in Tiffin, Johnson County, Iowa, to wit:
A PARCEL OF LAND BEING PART OF PARCEL 2021-044 OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER AND OF THE NORTH HALF OF THE
SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 80, RANGE 7 WEST OF THE 5TH
P.M., AS RECORDED IN JOHNSON COUNTY RECORDS BOOK 65 PAGE 69, AND PART
OF THE AUDITOR'S PARCEL 2018012 OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 27 AS RECORDED IN JOHNSON COUNTY
RECORDS BOOK 61 PAGE 396, ALSO ALL OF LOT 2 AND PART OF LOT 'A' OF
PRAIRIE VILLAGE COMMERCIAL DEVELOPMENT PART 1, AN OFFICIAL PLAT AS
RECORDED IN JOHNSON COUNTY RECORDS BOOK 62, PAGE 81, AND ALL OF
OUTLOT 'Z' OF PRAIRIE VILLAGE COMMERCIAL PLAT DEVELOPMENT PART 2, AN
OFFICIAL PLAT AS RECORDED IN JOHNSON COUNTY RECORDS, BOOK 65 PAGE
349, ALL IN AND FORMING A PART OF THE CITY OF TIFFIN, JOHNSON COUNTY,
IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID OUTLOT 'Z'; THENCE ALONG
THE SOUTH LINE OF SAID OULOT 'Z' ALSO BEING THE NORTHERLY RIGHT OF
WAY OF US HIGHWAY 6 LOCALLY KNOWN AS EAST MARENGO ROAD,
N86°28'32"W, 103.41 FEET; THENCE NO3°40'54"E, 185.70 FEET; THENCE ALONG THE
SOUTH LINE OF LOT 1 OF SAID PLAT PRAIRIE VILLAGE COMMERCIAL
DEVELOPMENT PART 1, S86°24'10"E, 135.00 FEET; THENCE ALONG THE EAST LINE
OF SAID LOT 1, NO3°35'41"E, 377.21 FEET TO A POINT ON THE SOUTH LINE OF
STREET LOT 'A' ALSO BEING THE NORTH LINE OF LOT 2, BOTH OF SAID PLAT
PRAIRIE VILLAGE COMMERCIAL DEVELOPMENT PART 1; THENCE S86°24'33"E,
913.21 FEET; THENCE 153.60 FEET ON A 267.00 FOOT RADIUS CURVE CONCAVE
SOUTHWEST, HAVING A LONG CHORD BEARING S69°55'43"E, 151.49 FEET; THENCE
ALONG THE EAST LINE OF SAID PARCEL 2021-044, S45°09'55"W, 196.93 FEET;
THENCE CONTINUING ALONG SAID EAST LINE, S02°52'13"E, 373.09 FEET; THENCE
ALONG THE SOUTH LINE OF SAID PARCEL 2021-044 ALSO BEING THE NORTHERLY
RIGHT OF WAY OF US HIGHWAY 6 LOCALLY KNOWN AS EAST MARENGO ROAD,
N86°30'24"W, 555.98 FEET; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT
OF WAY, N86°30'54"W, 445.31 FEET TO THE POINT OF BEGINNING. DESCRIBED
AREA CONTAINS 13.0 ACRES AND IS SUBJECT TO ANY AND ALL EASEMENTS AND
RESTRICTIONS OF RECORD.
As part of this request, Owner and Developer acknowledge full ownership of the real estate
described above.
SECTION 2. CONDITIONS OF PLAT APPROVAL AND RIGHT TO PROCEED
A. The City shall approve the preliminary plat of this subdivision upon the
conditions that:
1. The final plat(s) will conform to the preliminary plat;
2. The construction plans will be submitted and approved;
3. , The public improvements will be constructed in accordance with
approved construction plans and accepted by the City or, in the event the Developer
requests and the City agrees to the construction of the public improvements after final
plat approval, the Developer has complied with the security requirements set forth in
Section 5.12 of the Tiffin Subdivision Ordinance and Section 7 of this Agreement; and
4. The Developer enters into and abides by this Agreement.
B. The Developer further agrees that this Agreement shall be a covenant running
with the land and shall be binding on the present and future owners of the property.
C. The Developer may not grade or otherwise disturb the earth, remove trees,
construct sanitary sewer mains, storm sewer mains, water mains, streets, utilities, public or
private improvements or any buildings until the following conditions have been satisfied:
1. This Agreement has been fully executed by both parties, filed with the
City Clerk, and approved by the City Council;
2. The Developer has complied with the erosion control and grading
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provisions set forth in Section 5 of this agreement; and
3. All permits required by local, state, and federal law have been applied for
and issued by the appropriate authority.
4. Contingent upon the permitting requirements set forth in Paragraph
3 of this section being met, all necessary construction permits have been applied for
and issued by the City.
SECTION 3. DEVELOPMENT REQUIREMENTS AND PUBLIC IMPROVEMENTS
A. Development Standards. The subdivision shall be developed according to the
preliminary subdivision plat as approved by the City and according to the plans and
specifications as approved by the City. All construction plans shall be approved before the
commencement of any work in accordance with the subdivision plat. There shall be no material
variance from the preliminary plat, or from the construction plans and specifications, unless
approved in writing by the City.
B. Public Improvement Standards. All improvements and facilities described in this
Agreement shall be constructed and installed by the Developer according to the plans,
specifications, ordinances and standards of the City and in accordance with all applicable federal
and state laws and regulations. All required inspections shall be performed by the City Engineer
or designate. Said inspections shall consist of inspection of the work in progress but shall not
relieve or release the Developer from its responsibility to construct said improvements and
facilities pursuant to the agreed upon plans and specifications. These improvements and facilities
include but are not limited to public water system; sanitary sewer system; storm sewer and
drainageway system; site grading; underground utilities; setting for lot and block monuments;
and surveying and staking.
C. Standard Requirements. Further, the Developer agrees that:
1. All streets shown on the plat will be constructed of concrete paving with
concrete curb and gutter, which will be shown on the construction plans, to be approved
by the City Engineer, and will be dedicated to the City.
2. The Developer shall provide for the installation of all electric lines, street
lights, gas mains, telephone lines and other utility facilities that are necessary at the
Developer's sole cost. Developer further agrees that all utilities shall be installed
underground.
3. Any decorative street lighting shall be approved by the City and installed
at the Developer's sole cost.
4. At such time as building construction occurs on a lot, but in no event later
than five (5) years from the date the final subdivision plat is recorded, the Developer
shall install sidewalks in said subdivision abutting said lots per the widths approved on
the preliminary plat, in accordance with the plans and specifications of the City, and
subject to inspections by the City Engineer or designate, unless otherwise shown on the
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plat or otherwise specified in this agreement. Prior to final plat approval Developer shall
construct a sidewalk along the west side of N. Kimberlite which is eight feet in width.
The sidewalk along the east side of N. Kimberlite shall be five feet in width.
5. The Developer shall submit to the City, for approval by the City Engineer,
a storm water management plan which will identify the drainage of this development and
specify the manner in which stoma water, drainage and runoff will be accommodated.
The Developer agrees to dispose of all stoini water through the approved storm water and
drainageway system as set forth in the storm water management plan. The design and
construction of the storm water detention basin(s), if required by the City for this
development, shall be in compliance with the City's current storm water management
ordinances and policies.
6. The Developer shall provide any water, sewer, utility and drainage
easements as shown on the approved final plat.
7. Any wells shall be abandoned in accordance with applicable local, state
and federal laws and regulations.
8. The requirements set forth in Section 4.08 of the Tiffin Subdivision
Ordinance regarding Neighborhood Open Space Requirements have been met by the
open space dedication in Prairie Village Part 3.
9. Developer acknowledges that Outlot "Z" will be a storm water detention
area and will be subject to a stoiin water detention easement providing for a wet -bottom, rip -
rapped detention basin. The Developer shall create a homeowners association for the entire
Development. Every owner of property in the Development will be a member of the
Homeowners Association (the "Association"). Developer agrees and acknowledges that
Outlot "Z" shall be conveyed to the Association for use as open space, common area and
stout' water detention area. The Association shall have the sole responsibility of maintaining
Outlot "Z". The City shall have no obligation for the maintenance of any portion of Outlot
Z. If the Association fails to maintain the open space, common area and storm water
detention area on Outlot "Z", the City may assess each lot in the Development equally for
any maintenance costs in the same mariner as property taxes and without further notice.
D. Developer's Obligations. Nothing in this Agreement shall be construed to impose
a requirement on the City to install the original public improvements at issue herein, nor shall the
Developer be deemed to be acting as the City's agent during the original construction and
installation of the above -described improvements. The parties agree that the obligation to install
the above described public improvements herein shall be in accordance with the plans and
specifications drafted by the Developer and subject to the approval of the City. Furthei more, the
obligations shall remain on the Developer until completion by the Developer and until
acceptance by the City, as provided by law.
E. Fencing. Prior to final plat approval the Developer must comply with the fencing
requirements of the Tiffin Design Standards, currently found in Chapter 16. This includes, but is
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not limited to, the construction and maintenance of all fences between the boundary of the
subdivision and abutting land used for agricultural purposes, and entering into appropriate fence
agreements prior to final plat approval, as approved by the City.
F. Sanitary Sewer Upgrade. Developer and City acknowledge that the sanitary sewer
main located south of Highway 6 will have to be upgraded by City in order to meet the demands
of the subdivision, and other property in the area. The cost due from the Developer for this
upgrade is $616.67/acre, which amount is S8,016.71, and shall be paid prior to final plat
approval.
G. Easement Vacation. Any easements requested to be vacated must be separately
approved by City Council. Approval of the plat and this agreement does not approve the vacation
of such easements.
H. Traffic Light. The City and the Developer agree that a traffic light shall be
installed at the intersection of N. Kimberlite and Highway 6. Developer shall design such traffic
light as approved by the Iowa DOT and the City. Within three months after DOT approval,
Developer shall construct and install the traffic light. Developer shall pay for the entire cost of
design and 60% of the costs of construction of the traffic light. City shall pay 40% of the cost of
construction of the traffic light, including parts and labor.
I. Development Agreement. The City and Developer may enter into a separate
Development Agreement for Lots 1, 2, 3, 4 or 5, which may provide Developer with certain
Development incentives.
SECTION 4. PUBLIC UTILITIES
Developer agrees that it will obtain any necessary concurrence of utility or other
easements from appropriate utility companies. Developer agrees that it will provide for the
continuation of all required water, sanitary sewer and storm drainage facilities. The Developer
agrees that it will connect and use existing public water supplies in accordance with the Tiffin
Municipal Code and that the Developer will provide a plan outlining the drainage of the land and
indicating the manner in which the drainage will be accommodated and will connect to the
existing storm water sewer systems when available in accordance with the plan approved by the
City Engineer.
SECTION 5. EROSION CONTROL AND GRADING
A. Erosion Control. Before any utility construction is commenced or building
peiiiiits are issued, the Developer shall design and implement an erosion control plan which shall
be reviewed and approved by the City. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the work in that area. All seeded
areas shall be fertilized, mulched and disc anchored as necessary for seed retention. The parties
recognize that time is of the essence in controlling erosion, and, if the Developer does not
comply with the erosion control plan or any supplementary instructions received from the City,
the City may take such action as it deems appropriate to control erosion and assess the costs of
such action to the Developer or the property, or both. The City will endeavor to notify the
Developer in advance of any proposed action, but failure of the City to do so will not affect the
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Developer's and City's rights or obligations hereunder.
B. Grading. No grading of any nature may occur on this property until a grading plan
is implemented by the Developer and approved by the City. Within ninety (90) days after the
completion of any grading, the Developer shall provide the City with an "as -constructed"
grading plan and a certification by registered land surveyor or engineer that all ponds, swales and
ditches, if any, have been constructed in accordance with the plans approved by the City.
SECTION 6. PHASED DEVELOPMENT
N/A
SECTION 7. PUBLIC IMPROVEMENTS AND ASSESSMENT WAIVER
A. If all the public improvements and facilities, except for sidewalk construction
deferred in accordance with Section 3(C)(4), are not installed and accepted by the City prior to
approval of the final plat, the Developer is required to either deposit in escrow or file a surety
bond with the City in the amount equal to the estimated costs of the public improvements and
facilities in accordance with Section 5.12 of the Tiffin Subdivision Ordinance.
B. Developer agrees to provide to the City, as per Section 3.05 of the Tiffin
Subdivision Ordinance, proper maintenance bonds satisfactory to the City, so as to insure that for
a period of three (3) years from the date of acceptance of any improvement, the Developer shall
be responsible to maintain such improvement in good repair. The City may, at its sole discretion,
accept alternative sureties to maintenance bonds to insure the workmanship of the improvements
accepted by the City.
C. In the event the Developer, its assigns or successors in interest, should sell or
convey lots in said subdivision without having constructed the public improvements and
facilities as provided in this Agreement or without the City having accepted all public
improvements and facilities; or the Developer, its assigns or successors in interest in said
subdivision, shall fail to construct sidewalks as set forth in Section 3(C)(4), the City shall have
the right to install and construct said improvements, facilities and sidewalks. Unless City is fully
reimbursed for these costs from the escrowed money or surety bond held by the City, the costs of
said public improvements, facilities and sidewalks shall be a lien and charge against all of the
lots adjacent to or in front of the improvements, facilities and sidewalks that are constructed and
any lots which may be assessed for public improvements, facilities and sidewalks under the
provisions of Chapters 364 and 384 of the Iowa Code. It is further provided that this requirement
to construct said public improvements, facilities and sidewalks is and shall remain a lien from the
date of execution until properly released as hereinafter provided.
D. The Developer acknowledges and agrees that all lots of the subdivision are
specifically benefited by the public improvements, facilities and sidewalks, and the cost of such
public improvements, facilities and sidewalks need not meet the requirements of notice, benefit
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or value as provided by the law of the State of Iowa for assessing such improvements and
facilities.
SECTION 8. ENGINEERING ADMINISTRATION AND CONSTRUCTION
OBSERVATION
A. The Developer shall submit to the City, for approval by the City Engineer, plans and
specifications for the construction of improvements in the subdivision which have been prepared
by a registered professional civil engineer. The Developer shall obtain approval of the
construction plans and all necessary permits from the appropriate city, state and federal agencies
before proceeding with construction. In addition, the Developer shall cause to have its engineer
provide adequate field inspection personnel to ensure that an acceptable level of quality control
is maintained.
B. The Developer shall pay all costs of engineering administration, which will include
review of the Developer's final construction plans and specifications, monitoring of construction,
and consultation with the Developer and its engineer on the status, progress or other issues
regarding the project. The Developer shall pay for the reasonable construction observation
performed by the City staff or consulting City Engineer. Construction observation will consist of
examination of proposed public utilities, street construction and other infrastructure
improvements. The engineering administrative fee and construction observation fees to be paid
by the Developer shall be deteiiiiined by the City, in part based on the standard hourly fee
schedule in effect between the City Engineer and the City on file at City Hall and in part based
on standard fees for other staff members that perform the duties noted above. The City shall
provide the appropriate supporting documentation for these fees upon request by the Developer.
SECTION 9. RELEASE
The City agrees that when the public improvements, facilities and sidewalks required by
Section 3 of this Agreement have been installed to the satisfaction of the City, it will promptly
issue appropriate releases of various lots of the subdivision for recording in the Johnson County
Recorder's Office so that this Agreement, or applicable portions thereof, will no longer
constitute a cloud on the title of the lots in said subdivision.
SECTION 10. DEVELOPER'S OBLIGATION AND DEFAULT
A. The Developer agrees and is fully obligated to perform as provided in this
Agreement. The Developer is liable and responsible for each and every obligation agreed to be
undertaken pursuant to this Agreement. Failure of the Developer, its employees, agents or
assigns, to perform is not a defense for the Developer against any action to be taken by the City.
B. In the event of default by the Developer regarding any work to be performed by
the Developer under this Agreement, the City may, at its option, perform the work and bill the
Developer for said work. The Developer shall promptly reimburse the City for any expense
incurred by the City, provided the Developer, except in an emergency as determined by the City,
is first given written notice of the work in default, and has not cured such default within fourteen
(14) days of such notice. This Agreement is an authorization for the City to act, and it shall not
be necessary for the City to seek a court order for permission to enter upon the property. When
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the City does any such work, the City may, in addition to its other remedies, assess the cost in
whole or in part against all of the property located in the subdivision.
SECTION 11. AUTHORIZATION TO ENTER PREMISES
Developer grants the City, its agents, employees, officers and contractors, authorization
to enter the subdivision area to perform all work and inspections deemed appropriate and
necessary by the City in conjunction with this development.
SECTION 12. FEES
The Developer agrees to record this Agreement and to pay all necessary recording and
filing fees that accrue as a result of any work that is performed under this Agreement or made
necessary as a result of this subdivision project. A copy of this recorded Agreement will be
provided to the City.
SECTION 13. TIME OF PERFORMANCE
Developer shall install all required public improvements, except for sidewalk
construction deferred in accordance with Section 3(C)(4), within two (2) years from the date of
City approval of this Agreement. In the event that the Developer fails to install the required
public improvements within the above -referenced time, authorization to proceed with the
development shall cease, and the Developer shall be required to seek reauthorization and
approval of this development Developer may, however, request an extension of time from the
City. If an extension is granted, it may be conditioned upon updating any security posted by the
Developer or requiring the Developer to provide security to reflect cost increases and extended
completion date.
SECTION 14. NOTICES
Required notices to the Developer shall be in writing and shall either be hand delivered
to the Developer, its agents or employees, or mailed to the Developer by registered mail at the
following address:
TPV Commercial, LLC
Attn: Matthew Adam
2916 Hwy 1 NE
Iowa City, IA 52240
Notices to the City shall be in writing and shall be either hand delivered to the City
Administrator or mailed to the City by registered mail in care of the City Administrator at the
following address:
PO Box 259
Tiffin, Iowa 52340
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Notices mailed in conformance with this section shall be deemed properly given.
SECTION 15. MISCELLANEOUS
A. The Developer represents and states that the plat complies with all City, state and
federal laws and regulations, including but not limited to subdivision ordinances, zoning
ordinances and environmental regulations. The City may, at its option, refuse to allow
construction or development work in the subdivision until the Developer complies with the
appropriate law or regulation. Upon the City's demand, the Developer shall cease work until
there is compliance.
B. Third parties shall have no recourse against the City under this Agreement.
C. Breach of the terms of this Agreement by the Developer shall be grounds for
denial of building permits, occupancy permits or other permits.
D. If any portion, section, subsection, sentence, clause, paragraph or phrase of this
Agreement is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Agreement.
E. The action or inaction of the City shall not constitute a waiver or amendment to
the provisions of this Agreement. To be binding, amendments or waivers must be in writing,
signed by both parties and approved by written resolution of the City Council. The City's failure
to promptly take legal action to enforce this Agreement shall not be a waiver or a release.
F. The Developer may not assign this Agreement or the obligations imposed by this
Agreement without the written permission of the City Council or as otherwise provided in this
Agreement.
G. The Developer's obligations under this Agreement shall continue in full force and
effect even if the Developer or Owner sells a portion of the subdivision, the entire platted area, or
any part thereof
H. No building permits will be issued until all public improvements have been
constructed in accordance with applicable standards and formally accepted by the City.
I. The Developer shall take out and maintain a public liability and property damage
insurance policy covering personal injury, including death, and claims for property damage
which may arise out of the Developer's work or the work of its subcontractors or by one directly
or indirectly employed by any of them.
J. The Developer shall record any restrictive or protective covenants for the
subdivision. A copy of the recorded restrictive or protective covenants will be provided to the
City.
K. The Developer shall record the original copy of this agreement, with all requisite
signatures, at the time the other final plat documents are recorded as required by law.
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L. The Developer, its grantees, successors and assigns, agree that public services,
including but not limited to street maintenance, snow and ice removal and solid waste collection,
will not be extended to such subdivision until the pavement is completed and accepted by the
City Council by resolution.
M. Plat notes and surveyor's notes on plats serve to provide notice of how a
subdivision is expected to develop. Said notes are not intended to create any vested private
interest in any stated use restriction or covenant, or create any third party beneficiaries to any
noted use restriction or covenant. The City reserves the right, in its sole discretion, subject to any
applicable public notice and approval process required by law, to alter or amend any plat note, or
to sell or vacate any right-of-way, street, alley, park, easement, open area or other land set apart
and dedicated to for public use within the plat. The City further reserves the right, upon request
of the owner or successor in interest, to vacate the plat and/or relocate any easement, alter lot
boundaries or allow said land to be replatted subject to any applicable public notice and approval
process required by law.
N. Pursuant to Section 5.13 of the Tiffin Subdivision Ordinance, the Developer shall,
within one year from the date of the approval of the preliminary plat, submit the final plat and
required attachments to the City Clerk. The City has discretion to extend said date upon request
by Developer.
O. The Owner shall have no right to proceed with the development of the subdivision
unless it agrees, in writing, to be bound by the obligations of Developer as set forth herein, with
the consent of the City. Upon Owner transferring title to Developer, Developer may develop the
subdivision in accordance with the approved preliminary plat and this Agreement.
SECTION 16. SUCCESSORS AND ASSIGNS
This Agreement shall be a covenant running with the land and inure to the benefit of and
be binding upon the parties, their successors and assigns.
Dated this 31-61 day of i, , 2022.
[SIGNATURE PAGE TO FOLLOW]
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CITY OF TIFFIN, IOWA
By:
Steve Berner,
ATTEST:
Abigai ora, City Clerk
STATE OF IOWA )
ss:
COUNTY OF e b nSOr\ )
DEVELOPER
TPV COMMERCIAL f` LC
OWNER
IOWA D ; LO,' ' T GROUP, INC.
By:
On this L)+ day of AtA 'juS+ , 2022, before me, the undersigned, a Notary Public in
and for the State of Iowa, personalry appeared Steve Berner and Abigail Hora, to me personally
known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Tiffin, Iowa; that the seal affixed to the foregoing instrument is the
corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the
corporation, by authority of its City Council; and that Steve Berner and Abigail Hora
acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary
act and deed of the corporation, by it and them 1-41)124--)voluntaeilyexecuted.
(19A_- � L,�
NOTARI?,)PUBLIC — SLUE OF IOWA
My Commission Expires: ar- \,i , 20 2
Ar¢tats ABIGAIL HAYES
o Commission Number 824365
My Commission Expires
March 17, 2023
STATE OF IOWA, COUNTY OF ,,)C6'6Sa, ) ss:
This instrument was acknowledged before me on this 1 day of U.S
2022, by (Y"10--%
as j1-( agyr( of TPV Commercial, L
8.4 WENDY J. NUNN
2 '. Commission Number 840423p
ow
My( �ac<1 a rtes
NOTARY PUBj ' — STATE OF I9WA
My Commission Expires: (p
11
STATE OF IOWA, COUNTY OF ial soy,
ss:
Thi i strum was acknowledge before me on this t ``day of
2022, by �� j(' y (;{ as /'C.IGi,u V- of Iowa Developmen
pP1A(,, WENDY J. NUNN
IL Commission Number 840423
My Commissl n Expires
(Olaisi
NOTARY P B,IC — STATE OF IOWA
My Commission Expires: (a \ '\
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