HomeMy Public PortalAboutResolutions-2001-27 CITY OF TIFFIN IOWA RESOLUTION NO. 2001- 27
A RESOLUTION APPROVING THE ENTERING INTO OF A GROUND LEASE
AGREEMENT WITH USCOC DBA US CELLULAR
0 WHEREAS, US Cellular desires to lease a certain portion of the City owned land
that is located approximately 200 feet east of Roberts Ferry Road and north of the
existing water tower, for possible construction of a communications antenna tower;
AND WHEREAS, the City believes it to be in the best interest of the City to lease
said property to US Cellular;
AND WHEREAS, the Parties have reduced to writing, terms of said Lease, a
copy of which is attached hereto and incorporated herein.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Tiffin, Iowa,
that the Lease attached hereto is approved. The Mayor and City Clerk of Tiffin, Iowa,
are hereby authorized and directed to execute said document.
1-4 November
ON THE t)ay of , 2,001 at a regular meeting of the Tiffin City Council,
Tiffin, Iowa, Councilperson G e r 1�(.-,,]'('� introduced A RESOLUTION
APPROVING THE ENTERING INTO OF A GROUND LEASE AGREEMENT
WITH USCOC DBA US CELLULAR, and made a motion for approval. The motion
was seconded by Councilperson D i-1,-;
Ayes Wa1!.,F,, , Gericke , Dils and Ryan.
Nays: N )NF,;- Absent - Bartels
Motion carried.
WHEREUPON, the Mayor declared that the RESOLUTION APPROVING THE
ENTERING INTO OF A GROUND LEASE AGREEMENT WITH USCOC DBA
US CELLULAR, be adopted and signified his approval of the same by affixing his
signature thereto.
PASSED, by the Council on the 111th day ofNove.mber- 2001, and approved by the
Mayor onthe '1.4th day of November 2001.
MAYTR--
Olerin R. Potter
ATTEST:
9....... ----
Marg t Reil-iman, City Clerk
Page 1 of 1
S:\CLents\C'Rtles\'f'iffin\RESOLUIIDNS\US CELLULAR LEASE WATER TOWER.doc
Last PTMLcd 11/21/0111:25 AM
kd
Facsimile Cov r Sheet
'a: Marti
Company: City of Tiffin
Phone: 828-4784
Fax: 828-4784
Frain: l athl
Company: LYNCH, GREENLEAF & MICHAEL,
L.L.P.
Phone: 319-351-1956
Fax: 319-338-6834
Date: 11/29/01 1 :29 PM
Pages including this
cover page:
Comments:
The revised LAS Cellular lease is in the mail and you should have it
tomorrow. Please note #3 regarding the fencing provision. We double
checked the legal access and a copy of the Johnston P"otterfield Development
Agreement is being sent to you and you should loop at Paragraph 7 which
states the City shall retain the use of the right-of-way as an easement for
access to its water tower. Steve has pre-notarized yours and Glenn's
signature because we do not have the copy you signed. Just be sure to sign it
before you send it on. Please ask US Cellular, to return a copy of the fully
signed document not only to you but also to our office also. Thanks.
CONFIDENTIALITY NOTICE: The documents accompanying this telecopy transmission contain
confidential information belonging to the sender which is legally privileged. The information is intended
only for the use of the individual or entity named below. If you are not the intended recipient„ you are
hereby notified that any disclosure, copying, distribution, or the 'takiaig of any action in reliance on the
contents of this telecopied information is strictly prohibited. If you have received this telecopy in error,
please immediately notify us by telephone to arrange for the return of the original documents to us. Our
office will reimburse you in hill for the costs of any telephone or secretarial charges, incurred in receiving
the documents and returning them to us. "Thank you. LYNCH, GREENL.EAF &MICHAEL, L.L.P.
11/29/01 kd
Site No.
GROUND LEASE
This Lease is made and entered into as of the l st day of November, 2001, by and between
City of Tiffin, 201 Main Street Tiffin, IA 52340, hereinafter referred to as "Landlord," and
USCOC Of Greater Iowa, Inc., a Pennsylvania corporation, doing business as U, S, Cellular,
Attention: Real Estate, 8410 West Bryn Mawr Avenue, Suite 700, Chicago, Illinois 60631
"Tenant."
In consideration of the mutual promises, conditions, and other good and valuable
consideration of the parties hereto, it is covenanted and agreed as follows:
1. Option to Lease. (a) Landlord hereby grants to Tenant an option ("the Option") to
lease from Landlord the following described Leasehold Parcel:
Approximate dimensions: 50' x 50'
Approximate acreage: 2500 square feet
Location Approximately 200 feet.East of Roberts Ferry Road on the City owned
property and forth of the existing water tower at that location, (collectively the "Leasehold
Marcel") together with unrestricted access for Tenant"s uses from the nearest public right-of-way
along the Landlord's property, The description of the property shall be superceded by a surveyed
legal description that shall be attached to this lease as an exhibit,
(b) During the Option period and any extension thereof, and during the ter of this
Agreement, Tenant and its agents, engineers, surveyors and other representati m.ves will have the
right to enter upon the Leasehold parcel to inspect, examine, conduct soil borings, drainage
testing, material sampling, and other geological or engineering tests or studies of'the Leasehold
Parcel (collectively the "Tests"), to apply for and obtain licenses, pennits, approvals, or other
relief required of or deemed necessary or appropriate at Tenant's sole discretion for its use of the
Premises and include without limitation applications for zoning variances, zoning ordinances,
amendments, special use permits, and construction pen-nits (collectively referred to as
"Governmental Approvals"), and otherwise to do those things on or off the Leasehold Parcel that,
in the opinion of Tenant, are necessary in Tenant's sole discretion to determine the physical
condition of the Leasehold Parcel, the environmental history of the Leasehold Parcel, Landlord's
Prepared by,and when recorded please return Lo:
U.S.CELLULAR
AT`I`N: REAL ESTATE
8411 W.BRYN MAW R AVENUE
SUITE 700
CHICAGO,4L 60631
J
I
title to the Leasehold.Parcel, and the feasibility or suitability of the Leasehold Parcel for Tenant's
Permitted Use, all at Tenant's expense. Tenant will not be liable to Landlord or any third party on
account of any pre-existing defect or condition on or with respect to the Leasehold Parcel, whether
or not such defect or condition is disclosed by"t'enant's inspection.
(c) In consideration of Landlord granting Tenant the Option, Tenant hereby agrees
to pay Landlord the sum of 600.00 upon execution of this Agreement by Landlord and Tenant.
The Option will be for an initial term of eighteen months (the "Initial Option Term") and may be
renewed by Tenant for an additional six months upon written notification to Landlord and the
payment of an additional 600.00 no later than ten (10) days prior to the expiration date of the
Initial Option Tenn.
(d) ]During the Initial Option Terin and any extension thereof, Tenant may
exercise the Option by notifying Landlord in writing. If Tenant exercises the Option then
Landlord leases the Leasehold Parcel to the Tenant subject to the following terms and conditions.
2. Grant o.fEasement Parce]( ). Unless the Leasehold Parcel is immediately adjacent
to public rights-of-way for ingress, egress, and utilities, Landlord hereby grants to Teriant the
following described. Easement Parcels) appurtenant to the Leasehold Parcel:
Use: Access.
Width: 20 feet; Approximate length: 200 feet between the Leasehold Parcel and the
public road known as Roberts Perry Road over existing traveled ways where practical,
and establishing a new route as necessary.
Use: 'Utilities.
Width: 10 feet; Approximate length: 200 feet between the Leasehold Parcel and suitable
utility company service connection points. Landlord agrees.to make such direct grants of
easement as the utility companies may require.
3. Gran,t of Easement Rights. To effect the purposes of this Lease, Landlord hereby
grants to Tenant the following Easement Rights: (a) the right to clear vegetation, cut timber, and
move earthen materials upon the Easement Parcels; (b) the right to improve an access road
within the Access Easement Parcel; (c) the right to place utility lines and related infrastructure
within the Utilities Easement Parcel; (d) the right to enter and temporarily rest upon Landlord's
adjacent lands for the purposes of installing, repairing, replacing, and removing the leasehold
improvements (the "Improvements") and any other personal property of Tenant upon the
Leasehold Parcel and improving the Easement Parcels, including the right to bring in and use all
necessary tools and machinery; and (e) the right of pedestrian and vehicular ingress and egress to
and from the Leasehold Parcel at any time over and upon the Access Easement Parcel. The
Leasehold Parcel and Easement Parcels are collectively referred to herein as the "Premises."
4. Survey/ Site Plan. Tenant may, at Tenant's expense, cause a survey, site plan,
and/or legal description of the Premises to be prepared, to further delineate and identify the land
underlying the Premises, and to attach the same as exhibits to this Lease.
Last printed 11/29/0V 12:43 PM Page 2 of 9
r"r
5. Use of the Premises. Tenant shall be entitled to use the Premises to construct,
operate, modify as necessary, and maintain thereon a communications antenna tower (including
aviation hazard lights when required), an access road, one or more equipment buildings, and a
security fence, together with all necessary lines, anchors, connections, devices, and equipment
for the transmission, reception, encryption, and translation of voice and data signals by means of
radio frequency energy and landline carriage. Tenant shall put acceptable fencing around the
tower site upon request to do so by the Landlord. i
6. Term of Lose. In the event Tenant exercises the Opticn,.the initial lease terra will
be five (5) years (the "Initial Term"), commencing upon the Commencement Bate, as defined
below. The Initial Term will terminate on the last day of the month in which the fifth annual
anniversary of the Commencement Date occurred.
7. Qption to Renew. Tenant shall have the option to renew this Lease for up to five
additional terms of five years each, upon a continuation of all,the same provisions hereof, by _
giving written notice to Landlord of Tenant's exercise of this option at least sixty (60) days Wr
before the expiration of the term then present at the time of such notice. M
R
8. Option to Tem-iinate. Tenant shall have the unilateral right to terminate this Lease
at any time by giving written notice to Landlord of Tenant's exercise of this option and paying
Landlord the amount of$ 5,000.00 as liquidated damages.
i
9. Base Rent. Commencing on the date that Tenant commences construction'(the
"Commencement Date"), Tenant shall pay Base Rent to Landlord in the amount of$ 600.00 per
month, which shall be due when construction begins and then regularly thereafter on the first day
of each calendar month. Landlord shall specify the name, address, and taxpayer identification
number of a sole payee (or maximum two joint payees) who shall receive rent on behalf of the
Landlord. Rent will be prorated for any partial month..
10. taste Rent. On every anniversary of the commencement date of the term of this
Lease, and throughout the duration hereof as renewed and extended, the Base Rent shall be
increased by 3%,
11. Possession of Premises. Tenant shall not be entitled to take possession of the
Premises and commence work to construct the Improvements until Tenant makes the first
payment of rent.
12. 11tilitie s. Tenant shall solely and independently be responsible for all costs of
providing utilities to the Premises, including the separate metering, billing, and payment of
utility services consumed by Tenant's operations.
Last printed 11129/01 12:43 PM Page 3 of 9
13, Property Taxes.
(a) Tenant shall pay the personal property taxes levied against the Improvements and
the real estate taxes levied against the land underlying the Leasehold Parcel. If the classification
of the land for tax purposes changes as a result of Tenant's commercial use, then Tenant shall be
responsible for increases attributable to such commercial use. Increases in property values
reflected in Landlord's property tax bill received after the first assessment date following
Tenant's completion of construction shall be deemed to best indicate the impact attributable to
Tenant.
(b) Although Tenant will be receiving a separate tax bill for its personal property, the
parties assume that the Leasehold Parcel will not be eligible for a separate assessor's parcel
number. Therefore, Tenant shall contribute to the payment of real estate taxes on the underlying
land promptly following Landlord's demand therefor, provided that Tenant's proportionate share
shall be computed as follows: Area of Leaschold Parcel, divided by area of total tract shown on
tax bill, times total tax attributable to land only. The parties agree to cooperate in good faith to
identify the portion.of Landlord's property tax increases for which Tenant is fairly responsible,
and Tenant agrees to subsidize such increases.
(c) Landlord's requests to Tenant for contribution or reimbursement of property taxes
should be addressed to USCell, P.O. Box 31369, Chicago, IL 60631-0369. All requests must be
accompanied by a copy of Landlord's tax bill. Tenant shall comply with requests for
contribution by issuing a check for Tenant's proportionate share made payable to the tax
collector. Tenant shall comply with requests for reimbursement by issuing a check to Landlord,
provided that a paid tax receipt accompanies such request.
(d) Tenant shall have the right, but not the obligation, to pay Landlord's real estate
taxes on the underlying land if the same become delinquent, to ensure that Tenant's leaschold
interest does not become extinguished. Tenant shall be entitled to take a credit against rent for-
the portion of Landlord's taxes which it was not Tenant's obligation to pay, as such amount shall
reasonably be substantiated.
14. Repair . Tenant shall be responsible for all repairs of the Improvements, and may
at its own expense alter or modify the Improvements to suit its needs consistent with the intended
use of the Premises.
15. Mutual Indemnification. Tenant shall indemnify and hold Landlord harmless from
and against any loss, damage, or injury caused by, or on behalf of, or through the fault of the
Tenant, or in any way resulting from Tenant's presence upon Landlord's lands. Landlord shall
indemnify and hold Tenant harmless from and against any loss, damage, or injury caused by, or
on behalf of, or through the fault of the Landlord. Nothing in this Article shall require a party to
indemnify the other party against such other,party's own willful or negligent misconduct.
16. Insurance. Tenant shall continuously maintain in fill force and effect a policy of
commercial general liability insurance with limits of one million dollars ($1,000,000) covering
Last printed V 1129101 12:43 PM gage 4 of 9
Tenant's work and operations upon Landlord's lands. The limits of coverage shall be reviewers by
r the parties at the time of each notice of intent of option to review by Tenant.
17. Nlom�tar�r Default. Tenant shall be in default of this Lease if Tenant fails to make a
payment of rent when due and such failure continues for fifteen (l S) days after Landlord notifies
Tenant in writing of such failure.
18. Qppo-tunity to Cure Cron-Nloneta Defaults, If Landlord or Tenant fails to comply
with any non-monetary provision of this Lease which the other party,claims to be a default
hereof, the party making such claim shall serve written notice of such default upon the defaulting
party, whereupon a grace period of 30 days shall commence to run during which the defaulting
party shall undertake and diligently pursue a cure of the default. Such grace period shall
automatically be extended for an additional 30 da s
provided
faith showing that efforts toward a cure are continuing.p the defaulting party makes a good
19. Assii�nment of Leasgby Tenant. This Lease°and the Premises hereunder shall be
freely assignable by the Tenant to any other party without the necessity of obtaining Landlord's
consent. Tenant's right to effect an outright transfer of the Premises, and the right of any
collateral assignee to seize the Premises as defaulted security, is subject only to the limitation
that the Premises shall be used for the purposes permitted herein. Tenant shall notify Landlord
in writing of the name and address of any assignee or collateral assignee.
20. ubleasin . Tenant shall have the unreserved and unqualified right to sublet tower,
building, and ground space upon the Premises to subtenants without the necessity of obtaining
Landlord's consent,
21. Execution of they Instruments. Landlord agrees to execute, acknowledge, and
deliver to Tenant other instruments respecting the Premises, as Tenant or Tenant's lender may
reasonably request from time to time, provided that any such instruments are in furtherance of,
and do not substantially expand, Tenant's rights and privileges herein established. Such
instruments may include a memorandum of lease that may be recorded in the county land
records. .Landlord also agrees to reasonably cooperate with Tenant's efforts to obtain all private
and public consents related to Tenant's use of the Premises, as long as Landlord is not expected
to bear the financial burden of any such efforts.
22. R e of Improvements. The Improvements are agreed to be Tenant's per
property and shall never be considered fixtures to the real estate. Tenant shall at all times be
authorized to remove the t h e from the Premises. Upon the expiration or earlier
termination of this Lease, Tenant shall, ifrequested by Landlord and at Tenant's expense, remove
any above-ground Improvements from the .Premises. If Landlord does not notify Tenant that
Tenant must remove such Improvements, then Tenant shall have the option of either removing or
abandoning such Improvements, and in any event Tenant shall be entitled to abandon all
footings, foundations, and other below-ground Improvements in place.
Last printed 1 1/29/(71 12:43 PM Page 5 of 9
23. Quiet Enjoyment. Landlord covenants that Tenant shall have quiet and peaceable
possession of the Premises throughout the Lease term as the same may be extended, and that
Landlord will not intentionally disturb Tenant's enjoyment thereof as long as Tenant is not in
default under this Lease.
24. Subordination. Tenant agrees to subordinate this Lease to any mortgage or trust
deed which may hereafter be placed on the Premises, provided such mortgagee or trustee
thereunder shall ensure to Tenant the right to possession of the Premises and other rights granted
to Tenant herein so long as Tenant is not in default beyond any applicable grace or cure period,
such assurance to be in form reasonably satisfactory to Tenant. If requested by Tenant, Landlord
agrees to use Landlord's best efforts to assist Tenant in obtaining from any holder of a security
interest in the land underlying the Premises a non-disturbance agreement in form reasonably
satisfactory to Tenant..,
25. Environmental 'W'arranty. Landlord hereby represents and warrants to Tenant that
Landlord has never generated, stored, handled, or disposed of any hazardous waste orshazardous
substance upon the Leaschold Parcel, and that Landlord has no knowledge of such uses
historically having been made of the Leaschold Parcel or such substances historically having
been introduced thereon.
26. CQmpliance with FCC Radio Frequency Re 1.lirem nts
(a) It shall be the responsibility of the Tenant to ensure that Tenant's use, instAllation, or
modification of Tenant's antennas at the Leasehold Parcel does not cause radio frequency
exposure levels of all the existing equipment located at the Leasehold Parcel including Tenant's
antennas and all other transmitting equipment at the Leasehold Parcel to exceed those levels
permitted by the Federal Communications Commission ("FCC")
(b) Tenant agrees that in the event that there is any change to applicable rules,
regulations, and procedures governing exposure to RF radiation which place the Leasehold
Parcel in non-compliance, Tenant will cooperate with other Users of the Leasehold Parcel to
keep the Leasehold Parcel in compliance.
27. Interference.
(a)Tenant shall not use the Premises in any way that interferes with the use of the
Property by Landlord, or tenants or licensees of Landlord, with rights to the Property prior in
time to Tenant's (subject to Tenant's rights under this Lease, including without limitation,
non-interference). Similarly, Landlord shall not use, nor shall Landlord perrnit its licensees,
employees, invitees or agents to use, any portion of Landlord's properties in any way that
interferes with the operations of Tenant. Such interference shall be deemed a material breach by
the interfering party, who shall, upon written notice from the other, be responsible for
ten-ninating said interference. In the event any such interference does not cease promptly, the
parties acknowledge that continuing interference may cause irreparable injury and, therefore, the
injured party shall have the right to terminate the lease, in addition to any other rights that it may
Last printed I 1/29101 12:43 PM Page 6 of 9
have at law or in equity, provided however, no court action shall he brought unless both parties
have made a good faith attempt to meet in order to resolve the identified interference.
(b) Landlord agrees that it will require any future tenants of the property to provide to the
Landlord the same assurances against interference required of the Tenant pursuant to this
Agreement, and the Landlord shall have an obligation to eliminate any interference with the
operations of the Tenant caused by such subsequent tenants. If such interference is not
eliminated, Tenant shall have the right to terminate this Agreement and a prorated portion of all
prepaid rents shall be refunded to the Tenant.
(c) Upon written notice by the Landlord that it has a bona fide request from any other
party to lease or otherwise occupy the property, Tenant agrees to provide Landlord the radio
frequencies currently in operation or to be operated in the future of each transmitter and receiver
installed and operation on the property at the time of the request. Such report will be provided to
the Landlord within 60 days after receiving such notice. The cost of any interference studies
performed by the Landlord at any tenant's request shall be paid for by the tenant or prospective
tenant.
28. Removal of Existing Star -Pipe (:Tower). As a part of the consideration for this
Agreement Tenant agrees to remove the existing stand-pipe (tower) at its expense. All costs
associated with the removal will be born by Tenant. Tenant warrants that it will properly dispose
of all components of the tower.
2 . Attorney's Nees. In any action on this Lease at law or in equity, the prevailing party
shall be entitled to recover the reasonable costs of its successful case, including reasonable
attorney's fees and costs of appeal.
30. Binding Effect, All of the covenants, conditions, and provisions of this Lease shall
inure to the benefit of and be binding upon the parties hereto and their respective successors and
assigns.
31. Entire Agreement. This Lease constitutes the entire agreement between the parties
and supersedes any prior understandings or oral or,written agreements between the parties
respecting the within subject matter.
32. Modifications, This Lease may not be modified, except in writing signed by the
party against whom such modification is sought to be enforced.
Last punted 1 1/29/01 12:43 1'M Page 7 of 9
IN WITNESS WHEREOF, the parties hereto bind themselves to this Ground Lease as of
the day and year first above written.
LANT LORD:
TENANT:
1T: ;k
City of Tiffin V
USCQC of Greater Iowa, Inc.
By.
A y
By;
Printed: Glen Potter Printed:
Title: Mayor Title:
By
Printed: Iv> r,,arr 'Reihman `F 1
Title: City Clerk
STATE OF IOWA �
CC7LT1'+.1TY OF JOHNSON ) a
On this - *4111,
AR7 ay Of P 2001, before me, the undersigned, a notary public
in and for the State of Iowa, personally appeared Glen.Potter and Margaret Reihman,,to me
personally known and who being by me duly sworn, did say that they are the Mayor and City
Clerk of the City of Tiffin, Iowa; that this lease was signed on behalf of the corporation, by
authority of its City Council; and that Glen Potter and Margaret Reilunan acknowledged the
execution of the lease to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it voluntarily executed.
Notary Public
My commission expires "
EFHEN Gtr�SIOON# 135018
CSS1�?NEXPdRES
cwr, p
al-
Last printed! 11/29/01 12:43 PM Page 8 of 9
r'
STATE OF �
COUNTY OF
1, the undersigned, a notary public in and for the State and County aforesaid, do hereby
certify that (name) , (title)
for U. S. Cellular, known to me to be the same person whose name is subscribed to the foregoing
Ground Lease, appeared before me this day in person and acknowledged that, pursuant to his
authority, he signed the said Lease as his free and voluntary,act on behalf of the named'Tenant
corporation, fear the uses and purposes therein stated.
Given under my hand and seal this day of , 2001.
Notary Public
My commission expires
Last printed 11/29/01 12:43 PM Page 9 of 9
CLERK'S CERTIFICATE AND AFFIDAVIT
STATE OF IOWA
COUNTY OF JOHNSON) ss . k
1 , Margaret B. Reihman, after being duly sworn under oath, do
depose and state as follows :
1 . That I am the city clerk, duly appointed, for the City of
T iffin, Iowa.
2 . That attached hereto and incorporated herein, is an
original signed copy of the City of Tiff in--Johnson-PotLerf iel.d
Development Agreement, which was duly approved by the City of
Tiffin, Iowa, by Resolution No. 1993-- 13 , A Resolution Authorizing
the Mayor and Clerk to Execute an Agreement with Johnston-
PotLerfield Regarding the Development of Certain Land and Public
Improvements to Tiffin, Iowa, on the 13th day of October 1993 .
MARL RE ;B. RETHMAN
Subscribed and sworn to before me this - day 1994 .9" P' '
NOTARY PUBLIC IN AND FOR
NOT ARH AL SEAL
STATE OF IOWA
F11_F -SU D
C
CITY OF TIFFIN--JOHN STOWPOTTER FIELD DEVELOPMENT
AGREEMENT
THIS AGREEMENT is made by and between Joseph Johnston and
Amanda Potterfield, husband and wife (hereinafter "Johnston-
Potterfield"), and the City of Tiffin, Iowa, a municipal corporation
(hereinafter "City").
1 . Johnston-Potterfield will run an eight inch (8") sewer main from
a manhole on the northern edge of his property approximately one hundred
seventy feet (170') east of the center of Roberts ferry Road to a manhole
located on the southeast edge of his property. A manhole shall be located
every four hundred feet (400'). The line shall be of a depth of at least six
feet (W).
2. The sewer main line will be installed at Joh nston-Potterf ie Id's
expense, and it shall be installed according to the specifications of the
City Engineer (Hart Engineering). Johnston-Potterfield shall bear the
expense of providing for sufficient connections for future development
upon their property.
3. Johnston-Potterfield shall construct and dedicate to the City an
unlighted tennis court in the vicinity of the six-plexes after construction
is completed and occupancy is permitted upon the six-plexes
contemplated to be built along the southeast corner of his property.
4. The City shall construct and maintain a road from Highway 6
through property owned by Melvin Reeve to a point approximately seventy
feet (70') from the southeast corner of Johnston-Potterfield's land, and
from there turning north and continuing to the northeast corner of his
property. The right-of-way shall lie thirty-three feet (33') on the west
163
site of Johnston-Potterfield's property line and thirty-three feet (33') on
the east side of Melvin Reeve's property line after tuning to connect to
Johnston-Potterfield's property. The road shall be maintained and
upgraded by the City at its discretion and expense. Neither Reeve nor
,Johnston-Potterfiell,d shall be assessed for any future improvements of
the road. Johnston-Potterifield shall convey to the City a storm sewer,
sanitary sewer, and water easement congruent with the roadway on their
property.
5. Johnston-Potterfield shall make application to the City to
subdivide his property to allow the construction of the proposed five six-
plexes upon his land, and for the establishment of four (4) lots on the
western portion of his land. The proposed six-plexes shall be zoned R-3
and the four (4) lots with single-family dwellings shall be zoned R-1 . All
other property belonging to Johnston-Potterfield shall remain A-1 .
Johnston-Potterfield shall comply with the City of Tiffin subdivision
ordinances, and the City shall approve said subdivision in conformity with
its ordinance, but the City shall exercise its authority to modify its
requirements consistent with its powers so as to fulfill its obligations
and agreements as set forth herein.
6. Upon completion of the requirements of the subdivision
ordinance, and consistent with the state code and city ordinance
requirements, the City shall grant to Johnston-Potterfield appropriate
building and occupancy permits for the proposed six-plexes. Further, the
City shall expedite and condition the terms and conditions of this
agreement upon the annexation of the property in question and zoning of
the six-plea area as R-3 under the City zoning ordinance. The proposed six-
plexes shall be served by the road described herein in Paragraph 5.
N4
2 JOHNSTOWPOTTERFIELD AGREEMENT
7. Upon approval of the subdivision to be completed by Johnston-
Potterfield, and upon application for a building permit for the four (4) lots
on the southwest corner of his property, the City shall provide water
service to the site boundry. Johnston-Potterfield shall provide for a water
easement along the south boundry of their property and thence north
through the existing ravine. The area shall be zoned at the time of the
completion of the Subdivision, and it shall be zoned in a manner that would
allow for the construction of single family homes upon the four (4) lots.
The four (4) lots proposed shall be served by a private right-of-way of
sixty-six feet (66% which may be dedicated to the City at Johnston-
Potterfield's option. The City shall retain the right to use the right-of-
way as an easement for access to its water tower. Johnston-Potterfield
shall maintain the right-of-way so long as he owns it. It is understood
that Johnston-Potte rf ie Id may use the existing private road for use of the
four lots proposed and shall not be required to improve the private access
road unless or until additional development is requested,
8. Johnston-Potterfield shall make application to the City for the
voluntary annexation of his property.
9. The City shall provide water main service to the site boundry of
Johnston-Potterf ie Id's property.
10. The agreement shall be binding upon the parties, their
successors and assigns. This Agreement is a complete statement of the
understanding of the parties and it may not be amended except in writing
upon the approval of both parties.
V': G E
3 JOHN STOWPOTTE RF IELD AGREEMENT
Wherein the parties entered' into this agreement the -=`7_— day of
September, 1993.
----------------
MAYOR JOSEPH JOHNSTON
CITY OF TIFFIN
----------
MAR4�ET6,REII-ImAN, CLERK AMANDA POTTERFIELD'
CITY OF TIFFIN
iwl 166
4 JOHN STON-POTTERFIE LD AGREEMENT