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Home My Public Portal AboutResolutions-2023-048RESOLUTION NO. 2023-048 A RESOLUTION APPROVING AN AMENDMENT TO THE PLANNED DEVELOPMENT OVERLAY CONCEPT DISTRICT (OPD) AND DEVELOPER'S AGREEMENT FOR PARK PLACE CITY CENTER Whereas, The City recognizes a need to clarify language in the Developer's Agreement to add in a deadline to construct the pedestrian sidewalk, and; Whereas, the City Council wishes to change the original developer's agreement to reflect said; Now, therefore be it resolved by the City Council of the City of Tiffin, Iowa to approve the amendment to the planned development overlay concept district (OPD) and developer's agreement for Park Place City Center to add a deadline in the sidewalk construction. On the 18th day of July, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Olney introduced RESOLUTION NO. 2023-048, A RESOLUTION APPROVING THE AMENDMENT TO THE DEVELOPMENT OVERLAY CONCEPT DISTRICT (OPD) AND DEVELOPER'S AGREEMENT FOR PARK PLACE CITY CENTER and made a motion for approval. Motion seconded by Councilperson Limkemann. Ayes: Limkemann, Havens, Olney, Orris, Schnedler. Nays: None. Absent: None. Whereupon five Council members were present and voted approval and Mayor Berner declared that the RESOLUTION NO. 2023-048, A RESOLUTION APPROVING THE AMENDMENT TO THE DEVELOPMENT OVERLAY CONCEPT DISTRICT (OPD) AND DEVELOPER'S AGREEMENT FOR PARK PLACE CITY CENTER 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 July, 2023. City of Tiffin Berner, Mayor ATTEST: i., 17.w. Abigail Hq a, City Clerk AMENDMENT TO PLANNED DEVELOPMENT OVERLAY CONCEPT DISTRICT (OPD) AND SUBDIVIDER'S AGREEMENT PARK PLACE CITY CENTER Recorder's Cover Sheet Preparer Information: Matthew J. Hektoen, Simmons Perrine Moyer Bergman PLC, 115 3rd St SE -Ste 1200, Cedar Rapids, (319)366-7641 Taxpayer Information: N/A Return Address Matthew J. Hektoen, Simmons Perrine Moyer Bergman PLC, 115 3rd St SE -Ste 1200, Cedar Rapids, (319)366-7641 Grantors: Grantees: Legal Description: Document or instrument number if applicable: Book 5926, Page 602; Book 6056 Page 774 AMENDMENT TO PLANNED DEVELOPMENT OVERLAY CONCEPT DISTRICT (OPD) AND SUBDIVIDER'S AGREEMENT PARK PLACE CITY CENTER This Amendment (the "Amendment") is made as of the day of July, 2023 (the "Effective Date"), by and among the City of Tiffm, Iowa, a municipal corporation (the "City"), and Andersen Development, Inc., an Iowa corporation ("Subdivider") and the following parties referred to hereinafter as "Owners": TAT LLC, an Iowa limited liability company, DERS, LLC, an Iowa limited liability company and Park 3 LLC, an Iowa limited liability company. WITNESSETH: WHEREAS, the City and Developer are parties to a Planned Development Overlay Concept District (OPD) and Subdivider's Agreement for the proposed development to be known as Park Place City Center, Tiffin, Iowa (the "Development") recorded July 8, 2019 in Book 5926, Page 602 of the records of the Johnson County, Iowa Recorder (the "OPD Agreement"); and WHEREAS, the Owners own the Development. WHEREAS, the City, Owners and Subdivider desire to amend the OPD Agreement as contained herein. NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and other valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 3(J) of the OPD Agreement is deleted in its entirety and replaced as follows: "1 Open Space. The City agrees that the required park space may be satisfied by Developers and/or Owner collectively providing open space and park property comprised of the following: (1) City Center Park which shall consist of 2.17 acres designated as Outlot A on the preliminary plat and shall include trees, benches, pedestrian sidewalk, lights with banner arms, and outdoor sound system, with specific plans as agreed to by the City; and (2) an eight foot pedestrian sidewalk as described below. Such pedestrian sidewalk shall begin at Forevergreen Road in the Southwest Quarter of Section 22-80-7, then run south along or near the east line of Parts 1 & 2 (and the west line of Park Place City Center Part One), then cross Oakdale Boulevard. The sidewalk continues to property located outside of Exhibit A-2. Such pedestrian sidewalk shall be completed by no later than October 31, 2025. It is anticipated that Outlot A will be dedicated to City as part of the 2.17 acres needed for park space as noted above in Item (1). 2. Except as amended herein, all other WI is and provisions of the following remain in full force and effect: (i) the OPD Agreement, and exhibits thereto; and (ii) that certain Planned Development Overlay (OPD) Site District Agreement Park Place City Center— Part One, Phase Three filed June 15, 2020 in Book 6056 Page 774 in the records of the Johnson County, Iowa Recorder. [SIGNATURES ON THE FOLLOWING PAGE] IN WITNESS WHEREOF, the City and Subdivider have caused this Amendment to be signed, in their names and on their behalf by their duly authorized officers, all as of the day and date written above. CITY OF TIFFIN, IOWA Attest: Abigail HorI, City Clerk Steve Berner, Mayor STATE OF IOWA, JOHNSON COUNTY ) ss: On this 2Pday of ) J V -A , 2023, before me, the undersigned Notary Public in and for the State of Iowa, personally appeared Steve Berner and Abigail Hora, to me personally known, who, being duly sworn did say that they were 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, and said City Manager and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation, by it and by them voluntarily executed. , c4 - Notary I blic in and fo&e State of Iowa My Commission Expires: f 1 rt' k fl. ?oZ ANDER N INVESTMENTS, INC. By: I/ A s AdS4i Scott Andersen, President STATE OF IOWA, JOHNSON COUNTY ) ss: This instrument was acknowledged before me on this ( 6 day of , 2023 by Scott A. Andersen as President of Andersen Investments, Inc. NICHOLAS ANDERSEN Commission Number 810927 My Commission Expires 14).-01. Public in and for the State of Iowa My Commission Expires'.i, L.') fL4. Scott Andersen, Manager STATE OF IOWA, JOHNSON COUNTY ) ss: This instrument was acknowledged before me on this jt day of' 'E 2023 by Scott A. Andersen as Manager of TAT, LLC. A4s NICHOLAS ANDERSEN Commission Number 810927 . My Commission Expires STATE OF IOWA, JOHNSON COUNTY ) ss: 71,/za�Y Notary Public in and for the State of Iowa My Commission Expires:XAdvz. DERS, LLC By: ' A. Scott Andersen, anag This instrument was acknowledged before me on this day of 1,,�,/ , 2023 by Scott A. Andersen as Manager of DERS, LLC. NICHOLAS ANDERSEN Commission Number 810927 My ommission Expires �r Notary Public in and for the State of Iowa My Commission Expires w,,a. b 114)-2-4- PARK 3, C B �� Y� Scott Andersen, Manager STATE OF IOWA, JOHNSON COUNTY ) ss: This instrument was acknowledged before me on this day of -S.- , 2023 by Scott A. Andersen as Manager of Park 3, LLC a,14 d_Ly A,P'z'A< NICHOLAS ANDERSEN z �dGh Commission Number 810927 "ommisstonExpires Notary Public in and for the State of Iowa My Commission Expires:Jwm,e. 4.)-1,0,14