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Home My Public Portal AboutResolutions-2022-088RESOLUTION NO. 2022-088 A RESOLUTION APPROVING A DEVELOPER'S AGREEMENT WITH MHB PROPERTIES, LLC, REGARDING LOT 55, MADDEN ADDITION, PLANNED DEVELOPMENT OVERLAY (OPD) SITE DISTRICT, TIFFIN, IOWA Whereas, MMS Consultants, Inc., on behalf of MHB Properties, LLC, has filed with the City of Tiffin a Planned Development Overlay (OPD) Site District for Lot 55, Madden Addition, in the City of Tiffin, Iowa, legally described on attached Exhibit "A", hereby incorporated, and; Whereas, Ordinance 2022-498 was approved by City Council on October 18, 2022, approving the Planned Development Overlay (OPD) Site District for Lot 55, and; Whereas, the Developer's Agreement will include any and all particulars to the approved Planned Development Overlay (OPD) Site District for Lot 55, Madden Addition. Now, therefore be it resolved by the City Council of the City of Tiffin, Iowa, that the Developer's Agreement is approved and the Mayor and City Clerk are hereby authorized to execute said Agreement. On the 18th day of October, 2022, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Limkemann introduced RESOLUTION NO. 2022-088, A RESOLUTION APPROVING A DEVELOPER'S AGREEMENT WITH MHB PROPERTIES, LLC, REGARDING LOT 55, MADDEN ADDITION, PLANNED DEVELOPMENT OVERLAY (OPD) SITE DISTRICT, TIFFIN, IOWA and made a motion for approval. Motion seconded by Councilperson Schnedler. Ayes: Olney, Schnedler, Limkemann, Havens. Nays: None. Whereupon four Council members were present and voted approval and Mayor Berner declared that RESOLUTION NO. 2022-088, A RESOLUTION APPROVING A DEVELOPER'S AGREEMENT WITH MHB PROPERTIES, LLC, REGARDING LOT 55, MADDEN ADDITION, PLANNED DEVELOPMENT OVERLAY (OPD) SITE DISTRICT, TIFFIN, IOWA to be adopted and signified his approval of the same by affixing his signature thereto. Passed by the City Council on the 18th day of October 2022. City of Tiffin Steven L Berner, Mayor ATTEST: ( a, City Clerk Abigail H Prepared by and after recording return to: Matthew J. Adam Simmons Perrine Moyer Bergman PLC 1100 5th Street, Suite 205 (319) 354-1019 Coralville, IA 52241 FAX (319) 354-1760 PLANNED DEVELOPMENT OVERLAY (OPD) SITE DISTRICT AGREEMENT LOT 55, MADDEN ADDITION TIFFIN, JOHNSON COUNTY, IOWA THIS AGREEMENT, made by and between the CITY OF TIFFIN, IOWA, a municipal corporation, hereinafter referred to as "City," and MHB PROPERTIES, LLC, an Iowa limited liability company, hereinafter referred to as the "Subdivider." SECTION 1. REQUEST FOR OPD APPROVAL The Subdivider has requested that the City approve the Planned Development Overlay — Site District (the "OPD"), to include those diagrams attached hereto as Exhibit "A" and incorporated herein by reference, for the subdivision lot known as Lot 55, Madden Addition Tiffin, Iowa (referred to herein as the "Plat") for an OPD area for the following described real estate situated in Tiffin, Johnson County, Iowa (the "Site"), to wit: LOT 55, MADDEN ADDITION TIFFIN, JOHNCON COUNTY IOWA, IN ACCORDANCE WITH THE RECORDED PLAT THEREOF, CONTAINING 6.40 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION 2. CONDITIONS OF OPD APPROVAL, RIGHT TO PROCEED AND DEVELOPMENT REQUIREMENTS A. The City shall approve the OPD with respect to the Site upon the conditions that: 1. The Subdivider agrees that all terms and conditions of the Planned Development Overlay Concept District (OPD) and Developer's Agreement for Madden Addition recorded in Book 6308, Page 94 on November 8, 2021, in the Records of the Johnson County Recorder, executed by the City and the Subdivider, is fully incorporated herein and applies to the real estate described in Section 1 and remains a lien against the property described in Section 1. 2. The Site shall be developed according to the OPD as approved by the City and according to the plans and specifications as approved by the City. There shall be no variance from the approved OPD plan, or from the construction plans and specifications, unless approved in writing by the City. 3. "As Built" plans for water and sewer after the improvements are constructed shall be submitted and approved. B. Private Streets. The Subdivider agrees that Ropp Way, Madden Drive and Mitchell Place are private streets and shall be constructed according to the Design Standards adopted by the City, which will be shown on the construction plans, to be approved by the City Engineer. The private streets shall be installed and maintained by the Subdivider and its successors and assigns. Any cost incurred by the City due to the failure of Subdivider and its successors and assigns to meet its obligations under the provisions of this paragraph shall be assessed against, and will become a lien on all individual properties located within the planned development in favor of the City. C. Landscaping. The Subdivider agrees that all landscaping shall be installed and maintained perpetually by the Subdivider in accordance with the landscape plan approved for the OPD. If the Subdivider or its assigns should fail to maintain the Landscaping in accordance with the approved Landscaping Plan, the City shall have the right, after 30 days' notice, to take any and all necessary actions to bring the Development's landscaping into compliance with its Landscaping Plan. The costs of such action shall be assessed to the property owner and need not meet the requirements of notice, benefit or value as provided by the Code of Iowa for assessments. D. Once the sidewalk is installed along Legends Drive, which abuts the Site to the north, the Madden Village Condominiums Homeowners Association, or the OPD homeowner's association, shall maintain this sidewalk pursuant to the City Code of the City of Tiffin. E. The Subdivider shall install all water mains, water lines, sewer mains and sewer lines within the subdivision, according to City Design standards. Upon acceptance by the City of the water mains and sewer mains by resolution, the water mains and sewer mains shall be owned and maintained by the City. City will have the ability to enter the OPD for the purpose of reading meters and enforcing City Ordinances. F. Private Open Space. The Subdivider and its successors and assigns shall maintain the private open space as part of Subdivider's overall maintenance of all property located within the OPD. Any cost incurred by the City due to the failure of Subdivider and its successors and assigns to meet its obligations under the provisions of this paragraph shall be assessed against, and will become a lien on all individual properties located within the planned development in favor of the City. SECTION 3. TIME OF PERFORMANCE Construction of the public improvements must commence within two (2) years from the date of City approval of OPD Site District, or the approval of the OPD Site District shall be null 2 and void without any action by the City Council. In the event that the Subdivider fails to commence installation of the required public improvements within the above -referenced time, authorization to proceed with the development shall cease, and the Subdivider shall be required to seek reauthorization and approval of this Agreement. Subdivider 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 Subdivider or requiring the Subdivider to provide security to reflect cost increases and extended completion date. SECTION 4. 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. The City and the Subdivider have caused this Agreement to be signed, in their names and on their behalf by their duly authorizedofficers, all as of the day and date written above. CITY OF TIFFIN, IOWA Attest: By: Abigail Hra, City Clerk STEVE BERNER, Mayor STATE OF IOWA, JOHNSON COUNTY ) ss: On this \Qa.,l.k. day of () a obey- , 2022, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Steve Berner and Abigail Hora, 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 Tiffin, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the municipal corporation; and that the instrument was signed and sealed on behalf of the municipal corporation by the authority of its City Council, as contained in Resolution No. !y? P;F.-,. of the City Council on the tlk day of (; q �.i 4 `zC c-. , 2022; and that Steve Berner and Abigail Hora acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it and by them voluntarily executed. �.n ABIGAIL HAYES ommission Number 824365 My Commission Expires March 17, 2023 3 Notary Pub c in and for the"State of Iowa My Commission Expires: ' at c;1 [Signature Page to Planned Development Overlay — Site District Agreement] MHB PROPERTIES, LLC an weenng, lvianager STATE OF IOWA, JOHNSON COUNTY ) ss: This instrument was acknowledged before me on this day of 'e bev, 2022 by Dan Sweeting as Manager of MHB Properties, LLC. Notary Pub is in anc. for the State Iowa My Commission Expires: IccJ 11 ea -7 4 EXHIBIT A Supporting Diagrams/Plans/Schematics 5 SITE OPD PLAN LOT 55, MADDEN ADDITION TIFFIN, JOHNSON COUNTY, IOWA LOT 55 MADDEN ADDITION SON COUNTY sma