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,)