The URL can be used to link to this page

Home My Public Portal AboutResolutions-2023-050RESOLUTION NO. 2023-050 A RESOLUTION APPROVING THE AMENDMENT TO THE REVISED DEVELOPER'S AGREEMENT FOR PARK PLACE CITY CENTER PART TWO Whereas, The City recognizes a need to clarify language in the Developer's Agreement to address the 8 -foot pedestrian sidewalk and trail in Park Place Part Two, Park Place City Center Park One and Park Place City Center Part Two, 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 revised developer's agreement for Park Place City Center Part Two to reflect the language change and deadline of the 8 -foot sidewalk and trail. On the 18th day of July, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Limkemann introduced RESOLUTION NO. 2023-050, A RESOLUTION APPROVING THE AMENDMENT TO THE REVISED DEVELOPER'S AGREEMENT FOR PARK PLACE CITY CENTER PART TWO and made a motion for approval. Motion seconded by Councilperson Orris. Ayes: Olney, Schnedler, Limkemann, Havens, Olney. Nays: None. Absent: None. Whereupon five Council members were present and voted approval and Mayor Berner declared that the RESOLUTION NO. 2023-050, A RESOLUTION APPROVING THE AMENDMENT TO THE REVISED DEVELOPER'S AGREEMENT FOR PARK PLACE CITY CENTER PART TWO 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 ATTEST: Abigail F1 ra, City Clerk Berner, Mayor Steven AMENDMENT TO REVISED DEVELOPER'S AGREEMENT PARK PLACE CITY CENTER - PART TWO 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 5849, Page 663; Book 5982, Page 15 AMENDMENT TO REVISED DEVELOPER'S AGREEMENT PARK PLACE CITY CENTER - PART TWO This Amendment (the "Amendment") is made as of the lb day of July, 2023 (the "Effective Date"), by and among DERS, LLC, TAT LLC, DERS Investments, LLC, DERS Tiffin, LLC, and DERS Development, LLC (collectively the "Owners"), the City of Tiffin, Iowa, a municipal corporation (the "City"), and Andersen Development, Inc., an Iowa corporation ("Developer"). WITNESSETH: WHEREAS, Owners, City and Developer are parties to a developer's agreement for a proposed subdivision to be known as Park Place City Center — Part Two, Tiffin, Johnson County, Iowa as recorded October 25, 2018 in Book 5849, Page 663, and an Addendum recorded November 21, 2019 in Book 5982, Page 15, all in the records of the Johnson County, Iowa Recorder, (collectively, the "Developer's Agreement"); WHEREAS, Owners, City and Developer desire to amend the Developer's 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(H) of the Developer's Agreement is deleted in its entirety and shall be replaced with the following: H. Open Space. The City agrees that the required park space for the Development Property may be satisfied by Developers collectively providing open space and park property within and outside the Development Property including the following: (1) City Center Park which shall consist of approximately 3.5 acres located in the NE 1/4 SW 1/4 of Section 22-80-7 and the SE 1/4 SW 1/4 of Section 22-80-7; (2) a water tower site (Parcel L in a subdivision to be known as Andersen First Addition or parcel finally determined to be water tower site); (3) park to be dedicated (Parcel A in a subdivision to be known as Andersen First Addition), (4) Ten foot sidewalk along the east side of Park Road, and (5) eight foot pedestrian sidewalk and trail in Park Place Part Two and Park Place City Center Part One and Park Place City Center Part Two. The eight foot pedestrian sidewalk shall be installed by Developer on Lot 17 of Park Place City Center Part Two and shall be completed by October 31, 2025. Such pedestrian sidewalk is shown on the preliminary plat for Park Place City Center Part Two, which relevant portion is attached as Exhibit «C » 2. Except as amended herein, all other terms and provisions of the Developer's Agreement, and exhibits thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the City and Developer 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: B Abigai Hor , City Clerk STATE OF IOWA, JOHNSON COUNTY ) ss: Steve Berner, Mayor On this 1,0 —day of , 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. ABIGAIL HAYES Commission Number 824365 Mar�hm17 mission es STATE OF IOWA, JOHNSON COUNTY ) ss: Notary P lic in end for the gate of Iowa My Commission Expires: 1 —A )1, Z016 ANDS %N�DEVELOPMEENT, INC.`C. By: ` 6 l -- °A ?.UA Y Scott A. Andersen, President This instrument was acknowledged before me on this / q day of ;(y , 2023 by Scott A. Andersen as President of Andersen Development, Inc. ,,PJAz NICHOLAS ANDERSEN o �� Commission Number 810927 mmissio Expires v,Q Notary Public in and for the State of Iowa My Commission Expires ..e -6) Zol. * DERS B STATE OF IOWA, JOHNSON COUNTY ) ss: Scott A. Andersen, Manager This instrument was acknowledged before me on this day of 3'kly , 2023 by Scott A. Andersen as Manager of DERS, LLC. NICHOLAS ANDERSEN Commission Number 810927 M mmisslon Ex ires ti, na fc. 1.a STATE OF IOWA, JOHNSON COUNTY ) ss: Notary Public in and for the State of Iowa My Commission Expires: :,,,.,o 6) 1 ov{ TAT, LL By: Scott A. Andersen, Manager This instrument was acknowledged before me on this day of "."—vir , 2023 by Scott A. Andersen as Manager of TAT, LLC. aY�1440 NICHOLAS ANDERSEN 0 Commission Number 810927 MyCommissi n Expires im-sQ STATE OF IOWA, JOHNSON COUNTY ) ss: Notary Public in and for the State of Iowa My Commission Expires:]1,_ b) 44.4 DERS even went, LLC By: ` ,y4/Ar Scott A. Anderserf, Manager This instrument was acknowledged before me on this I day of Scott A. Andersen as Manager of DERS Development, LLC. NICHOLAS ANDERSEN Commission Number 810927 MM Commission Expires 2023 by Notary Public in and for the State of Iowa My Commission Expires: `Zt,,,,.o_ 6 1,1514 DERS Invest •nts, LLC By: STATE OF IOWA, JOHNSON COUNTY ) ss: colt A. Andersen, Manager This instrument was acknowledged before me on this j xday of , 2023 by Scott A. Andersen as Manager of DERS Investments, LLC. NICHOLAS ANDERSEN Commission Number 810927 My Commission Expires STATE OF IOWA, JOHNSON COUNTY ) ss: Notary Public in and for the State of Iowa My Commission Expires: 6 2.0 DERS T4ffin 4 LLC By. Scott A. Andersen, This instrument was acknowledged before me on this Scott A. Andersen as Manager of DERS Tiffin, LLC. NICHOLAS ANDERSEN Commission Number 810927 My Commission Expires -Litsu - day of , 2023 by Notary Public in and for the State of Iowa My Commission Expires: ,,„,Q .6 11-15-24