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HomeMy Public PortalAboutResolutions-2022-084RESOLUTION NO. 2022-084 A RESOLUTION APPROVING SECOND AMENDMENT TO SUBDIVIDER'S AGREEMENT FOR ANDERSEN ADDITION — PART TWO Whereas, MMS Consultants, on behalf of Hightower Development, Inc., has filed with the City of Tiffin a final plat for Andersen Addition — part two, a subdivision to the City of Tiffin, Iowa; and, Whereas, the subdivision required a second amended subdivider's agreement with the attached changes; and, Whereas, the amended Subdivider's Agreement will include any and all particulars to the proposed final plat for Andersen Addition, Now, therefore be it resolved by the City Council of the City of Tiffin, Iowa, that the Attorneys representing Hightower Development/Andersen Addition and the City of Tiffin have reviewed and have taken under consideration all requested revisions. The City Council now having further reviewed the amended Subdivider's Agreement and do now approve the Agreement as printed and authorize the Mayor and City Clerk to enter into an agreement with Hightower Development/Andersen Addition — Part Two, to fully execute the document. On the 4th day of October, 2022, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Limkemann introduced RESOLUTION NO. 2022-084, A RESOLUTION APPROVING SECOND AMENDMENT TO SUBDIVIDER'S AGREEMENT FOR ANDERSEN ADDITION — PART TWO and made a motion for approval. Motion seconded by Councilperson Havens. Ayes: Olney, Schnedler, Limkemann, Havens, Orris. Nays: None. Whereupon five Council members were present and voted approval and Mayor Berner declared that RESOLUTION NO. 2022-084, A RESOLUTION APPROVING SECOND AMENDMENT TO SUBDIVIDER'S AGREEMENT FOR ANDERSEN ADDITION — PART TWO to be adopted and signified his approval of the same by affixing his signature thereto. Passed by the City Council on the 4th day of October, 2022. City of Tiffin ATTEST: Abigail Ho; a, City Clerk Steven L. Berner, Mayor Prepared by and after recording return to: Matthew J. Hektoen 115 Third Street SE, Suite 1200 (319) 366-7641 Simmons Perrine Moyer Bergman PLC Cedar Rapids, Iowa facsimile (319) 366-1917 SECOND AMENDMENT TO SUBDIVIDER'S AGREEMENT THIS SECOND AMENDMENT TO SUBDIVIDER'S AGREEMENT (this "Amendment"), is made and entered into by and between the City of Tiffin, Iowa, a municipal corporation (the "City") and Hightower Development, Inc., an Iowa corporation ("Subdivider"). RECITALS A. WHEREAS, the City and the Subdivider are parties to that certain Andersen Addition Subdivider's Agreement filed July 19, 2019 in Book 5931 Page 904 in the records of the Johnson County, Iowa Recorder(the "Agreement"). B. WHEREAS, the City and the Subdivider executed a First Amendment to Subdivider's Agreement which was filed on January 24, 2022 in Book 6337, Page 209 in the records of the Johnson County, Iowa Recorder C. WHEREAS, the City and the Subdivider desire to further amend the Agreement. NOW, THEREFORE, the parties hereby agree as follows: 1. Second 3 of the Agreement is hereby deleted and the following is inserted in lieu thereof: "SECTION 3. DEVELOPMENT REQUIREMENTS AND PUBLIC IMPROVEMENTS A. Development Standards. The Subdivision shall be developed according to the 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 plat. There shall be no 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 Subdivider 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 perfoiined by the City Engineer or designate. Said inspections shall consist of inspection of the work in progress but shall not relieve or release the Subdivider 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 Subdivider 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. a. The access from Forevergreen Road to Lot 7 will be in a location approved by the City. b. Lots 35 and 6 will not have driveway access onto Forevergreen Road. 2. The Subdivider shall provide for the installation of all electric lines, street lights, gas mains, telephone lines and other utility facilities that are necessary at the Subdivider's sole cost. 3. Any decorative street lighting shall be approved by the City and installed at the Subdivider's sole cost. 4. At such time as building construction occurs on a "Lot" (as defined in the Tiffin Subdivision Ordinance), but in no event later than five (5) years from the date the final subdivision plat of the "Part" (as hereinafter defined) in which any given Lot is located is recorded with the Johnson County, Iowa Recorder, the Subdivider shall install sidewalks in the any given Part abutting said Lots located within any given Part per the widths approved on the 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 plat or otherwise specified in this agreement. The sidewalk along the west side of Croell Avenue which abuts Outlot A shall be completed prior to the time Outlot A is dedicated to the City, and prior to final plat approval of any remaining Lots shown on the preliminary plat. The sidewalk abutting Outlot C along Elizabeth Lane shall be completed by May 1, 2022. a. Within the five (5) year time frame referenced in Section 3(C)(4) a sidewalk must be constructed along Ders Drive between Lots 43 and 44 as shown on the final plat. This duty to install a sidewalk shall be a lien on Lots 43 and 44 of the subdivision until released by the City. 5. The Subdivider shall submit to the City, for approval by the City Engineer, a storm water management plan which will identify the drainage of the Subdivision and specify the manner in which storm water, drainage and runoff will be accommodated. The Subdivider agrees to dispose of all storm 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) shall be in compliance with the City's current storm water management ordinances and policies and shall be constructed on Outlot "A", Outlot "B", Outlot "C," Outlot "D," and Lot 58 as shown on the final plat. 6. The Subdivider 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 satisfied for this Subdivision by virtue of the dedication to the City of Outlot "A" (collectively, the "Outlots"). 9. Subdivider acknowledges that a Outlot "B", Outlot "C" and Outlot "D" will be subject to a storm water detention easement. The Subdivider shall create one or more owners associations for the entire Andersen Addition subdivision. Every owner of property in Andersen Addition Subdivision will be a member of the associations. Subdivider agrees and acknowledges that Outlot "B", Outlot "C" and Outlot "D" in Andersen Addition shall be conveyed to the associations for use as a common area and storm water detention easement. The associations shall have the sole responsibility of maintaining the storm water detention easement area located on Outlot "B", Outlot "C" and Outlot "D". The City shall have no obligation for the maintenance of said storm water detention easement areas. If the associations fail to maintain the storm water detention easement areas located on Outlot "B", Outlot "C" and Outlot "D", the City may assess each lot in the Andersen Addition subdivision equally for any maintenance costs in the same manner as property taxes and without further notice. D. Subdivider'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 Subdivider 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 Subdivider and subject to the approval of the City. Furthermore, the obligations shall remain on the Subdivider until completion by the Subdivider and until acceptance by the City, as provided by law. E. Dedication and Acceptance. Upon the completion of grading and excavation for the wet bottom detention basin on Outlot A, the stabilization of the basin, all in accordance with City approved plans and specifications, Outlot A shall be dedicated to the City for public use and subsequent maintenance by the City, provided that Outlot A shall be in good, suitable condition as a wet bottom detention basin at the time of said dedication, and acceptable to the City. Outlot A must be dedicated to the City by April 1, 2023 and must be in good, suitable condition and acceptable to the City at the time of dedication in accordance with the terms of this Section 3E. F. Fencing. Prior to fmal plat approval the Subdivider must comply with the fencing requirements of the Tiffin Design Standards, currently found in Chapter 16. This includes, but is 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. Further, prior to the time of dedication or conveyance to the City of any property (i.e. outlot, right of way, open space), and abutting property is used for agricultural purposes, the Subdivider must provide the City with a copy of the existing fence agreement. If no fence agreement exists, the Subdivider must enter into a fence agreement with the adjacent owner that is acceptable to the City. Prior to final plat approval, the Subdivider must ensure the part of the fence it is responsible for pursuant to the fence agreement is in good condition, subject to approval by the City. G. Sanitary Sewer Upgrade. Subdivider 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 Subdivider for this upgrade is $616.67/acre for 55.41 acres for a total of $34,169.68, which shall be prorated across Lots 2 5, inclusive, Lots 36-57, inclusive, Lots 58 — 68, inclusive, and the prorated amount shall be paid prior to final plat approval for any given Part. H. Bailey Way. QS Development, Inc. and the City entered into an Escrow Agreement for Park Place — Part Four on November 3, 2017, as a condition of final plat approval for that subdivision. The escrow agreement required an escrow for certain obligations relating to finishing construction of Bailey Way. The escrow agreement required this to be completed on or before the property to the North develops. I. Lift Station. A lift station must be completed for use by Lots 62, 58 and other Lots as dictated by the availability of gravity sewer. It is unknown at this time if the lift station will be a regional, city owned facility or a local, private facility. If the lift station will be a regional, city owned facility, it will be located on Outlot A. If the lift station will be a local, private facility, it will likely be located on Lot 58, subject to the provisions below. Prior to any construction or installation of this facility, Subdivider shall notify City and provide all construction plans and any other documentation requested by the City Engineer. A separate agreement regarding the lift station, including but not limited to the scope, size, location, and maintenance obligations shall also be reviewed and approved by the City prior to construction. Subdivider shall not construct a lift station facility until it receives approval by the City. Any necessary access or other easements relating to the lift station, as determined by the City, must be provided prior to final plat approval. If the lift station is to service only lots in the Subdivision (ie. private) (i) it shall be decommissioned when gravity sewer is available, and (ii) upon prior written approval of the City, the Subdivider may elect to install the same on a Lot of its choosing it being the desire of the Subdivider that if the facility is private that it not be located on land to be dedicated to the City (ie. Outlot "A")." 2. Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. No Effect. Except for the terms and conditions of the Subdivider's Agreement amended hereby all remaining terms and conditions remain in full force and effect. 4. PDF and Electronic Signatures. This Amendment may be signed by faxed, emailed or other electronic signatures (e.g. Docusign) and faxed, emailed or such other electronic signatures hereon shall be deemed originals for all purposes. [Signature Page Follows [Signature Page to Second Amendment to Subdivider's Agreement] HIGHTOWER DEVELOPMENT, INC. By N me: Scott Andersen. Title: President STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on � �, � 2022 by Scott Andersen, President of Hightower Development, Inc. Notary Public - State of Iowa My Commission Expires: NICHOLAS ANDERSEN Commission Number 810927 MtCommission Expires CITY OF TIFFIN, IOWA By: s eve Berner, Mayor STATE OF IOWA )ss. COUNTY OF JOHNSON ATTEST On this ((Y\ day of _ ;�' y; r�°���' , 2022, before me, a notary public in and for said county, personally appeared. Steve Berner and Abigail Flora, as Mayor and. City Clerk, respectively, of the City of Tiffin, Iowa. 0 is AC, ABIGAIL HAYES ommission Number 824365 My Commission Expires March 17, 2023 NOTARY` iLT IN ANI) OR IOWA My conunission expires: l wo r,, \i11,)