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HomeMy Public PortalAboutResolutions-2016-064 DocuSign Envelope ID:6BD7F323-0587-4243-9AFF-C960794C2B23 RESOLUTION NO. 2016-064 A RESOLUTION TO APPROVE THE DEVELOPER'S AGREEMENT FOR PARK RIDGE — SECOND ADDITION, TIFFIN, IOWA Whereas, it has been determined that it is in the best interest of the City to enter into a developer's agreement with Developer Park Ridge Development, LLC for Park Ridge — Second Addition; and Whereas, Resolution 2016-063 was approved by City Council on November 1, 20167 approving the preliminary plat for said development. Now, therefore be it resolved by the City Council of the City of Tiffin, Iowa that the attached Developer's Agreement is hereby approved, and the Mayor and City Clerk of Tiffin, Iowa, are hereby authorized to execute the attached Agreement On the 1St day of November, 2016, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Ryan introduced RESOLUTION NO. 2016-064, A RESOLUTION AUTHORIZING THE ENTERING INTO AN AGREEMENT WITH PARK RIDGE OF TIFFIN, IOWA FOR A DEVELOPER'S AGREEMENT and made a motion for approval. Motion seconded by Councilperson Bartels. Ayes: Upton, Kahler, Ryan, Havens, Bartels Nays: None. Absent: None. Whereupon five Council members were present and voted approval and Mayor Berner declared that RESOLUTION NO. 2016-064, A RESOLUTION AUTHORIZING THE ENTERING INTO AN AGREEMENT WITH PARK RIDGE OF TIFFIN, IOWA FOR A DEVELOPER'S AGREEMENT to be adopted and signified his approval of the same by affixing his signature thereto. Passed by the City Council on the 1St day of November, 2016. City of Tiffin Sfcl- Steven L. Berner, Mayor ATTEST: Doug Boldt, City Administrator/Clerk Exhibit "A" Legal Description—Park Ridge (second addition) OUTLOT"B" OF PARK RIDGE,TIFFIN,JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 59, AT PAGE 341, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 16.69 ACRES AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Prepared by/return to:Mark C.Danielson,222 South Linn Street,Iowa City,Iowa 52240;319-338-7551 DEVELOPER'S AGREEMENT PARK RIDGE SECOND ADDITION THIS AGREEMENT, made by and between the City of Tiffin, Iowa, a municipal corporation, hereinafter referred to as "City," and Park Ridge Development, LLC, hereinafter referred to as "Developer." SECTION 1. REQUEST FOR PLAT APPROVAL Developer has requested that the City approve the preliminary plat, attached hereto as Exhibit A and incorporated herein by reference, for a proposed subdivision known as Park Ridge Second Addition, Tiffin, Iowa, (referred to herein as the "plat") for the following described real estate situated in Tiffin, Johnson County, Iowa, to wit: Outlot "B" of Park Ridge, Tiffin, Johnson County, Iowa, in accordance with the Plat thereof recorded in Plat Book 59, at Page 341, in the records of the Johnson County Recorder's office, containing 16.69 acres and subject to easements and restrictions of record. As part of this request, Developer acknowledges full ownership of the real estate described above. SECTION 2. CONDITIONS OF PLAT APPROVAL AND RIGHT TO PROCEED A. The City shall approve the preliminary plat of this subdivision upon the conditions that: 1. The final plat will conform to the preliminary plat; 2. The construction plans will be submitted and approved; 3. The public improvements will be constructed in accordance with approved construction plans and accepted by the City or, in the event the Developer requests and the City agrees to the construction of the public improvements after final plat approval, the Developer has complied with the security requirements set forth in Section 5.12 of the Tiffin Subdivision Ordinance and Section 8 of this Agreement; and 4. The Developer enters into and abides by this Agreement. B. The Developer further agrees that this Agreement shall be a covenant running with the land and shall be binding on the present and future owners of the property. C. The Developer may not grade or otherwise disturb the earth, remove trees, construct sanitary sewer mains, storm sewer mains, water mains, streets, utilities, public or private improvements or any buildings until the following conditions have been satisfied: 1. This Agreement has been fully executed by both parties, filed with the City Clerk, and approved by the City Council; 2. The Developer has complied with the pre-construction erosion control and grading provisions set forth in Section 5 of this agreement; and 3. All permits required by local, state, and federal law have been applied for and issued by the appropriate authority. SECTION 3. DEVELOPMENT REQUIREMENTS AND PUBLIC IMPROVEMENTS A. Development Standards. The subdivision shall be developed according to the preliminary subdivision 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 subdivision 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 Developer 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 performed by the City Engineer or designate. Said inspections shall consist of inspection of the work in progress but shall not relieve or release the Developer 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; storm sewer and drainageway system; site grading; underground utilities; setting for lot and block monuments; and surveying and staking. 2 C. Standard Requirements. Further, the Developer agrees that: 1. All streets shown on the plat will be constructed of concrete paving which will be shown on the construction plans, to be approved by the City Engineer. All street improvements within the subdivision shall be installed and maintained by the Developer or homeowner's Association and their successors and assigns. 2. The Developer shall provide for the installation of all electric lines, street lights, gas mains, telephone lines and other utility facilities that are necessary at the Developer's sole cost. Developer further agrees that all utilities shall be installed underground. 3. Any decorative street lighting shall be approved by the City and installed at the Developer's sole cost. 4. The Developer shall provide utilities, water, future sewer, and drainage easements which must be acceptable to the City. 5. Any wells shall be abandoned in accordance with applicable local, state and federal laws and regulations. 6. The Developer shall install all water mains and water lines within the subdivision, according to City Design Standards. Upon acceptance by the City of the water mains by resolution, the water mains shall be owned and maintained by the City. 7. Developer will execute an adequate Public Access and Fire Apparatus Easement Agreement to the satisfaction of the City. 8. Developer will grant to the City an easement for access for any City Official acting in the course of his or her official duties. 9. As this subdivision is a resubdivision of Outlot B of Park Ridge Subdivision, owners of lots in this subdivision shall be members of the Park Ridge Homeowners Association and entitled to the benefits of membership. The Homeowners Association shall have the sole responsibility of maintaining the storm water detention basin located on Outlot A of Park Ridge Subdivision. The City shall have no obligation for the maintenance of said storm water detention basin. If the Homeowners Association fails to maintain the storm water detention basin, the City may assess each lot in the subdivision equally for any maintenance costs in the same manner as property taxes and without further notice. 10. Developer shall convey Outlot A to the State of Iowa as indicated on the plat. D. Any improvements on the plat may be serviced by a private sewage disposal system if it would be in compliance with the ordinances of the City, and the laws and rules of 3 Johnson County and the State of Iowa, and it is installed by the owner of the property at the owner's cost, and pursuant to the specifications and approval of the City, County and State. The owner shall be responsible for all costs of the lawful installation and maintenance of the private sewage disposal system, and all fees, expenses and costs of the City, County and State for inspections and approvals of the installation and maintenance of said private sewage disposal system. E. Developer'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 Developer 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 Developer and subject to the approval of the City. Furthermore, the obligations shall remain on the Developer until completion by the Developer and until acceptance by the City, as provided by law. SECTION 4. PUBLIC UTILITIES Developer agrees that it will obtain any necessary concurrence of utility or other easements from appropriate utility companies. The Developer agrees that it will connect and use existing public water supplies in accordance with the Tiffin Municipal Code. Developer will provide a plan outlining the drainage of the land and indicating the manner in which the drainage will be accommodated and will connect to the existing storm water sewer systems when available in accordance with the plan approved by the City Engineer. SECTION 5. EROSION CONTROL AND GRADING A. Erosion Control. Before any utility construction is commenced or building permits are issued, the Developer shall design and implement an erosion control plan which shall be reviewed and approved by the City. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion, and, if the Developer does not comply with the erosion control plan or any supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion and assess the costs of such action to the Developer or the property, or both. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. B. Grading. No grading of any nature may occur on this property until a grading plan is implemented by the Developer and approved by the City. Within ninety (90) days after the completion of any grading, the Developer shall provide the City with an "as-constructed" grading 4 plan and a certification by registered land surveyor or engineer that all ponds, swales and ditches, if any, have been constructed in accordance with the plans approved by the City. SECTION 6. PHASED DEVELOPMENT If the plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Agreement and the breach has not been remedied. Development of subsequent phases will not be allowed to proceed until Developer's Agreements for such phases are approved by the City. SECTION 7. MISCELLANEOUS A. The Developer represents and states that the plat complies with all City, state and federal laws and regulations, including but not limited to subdivision ordinances, zoning ordinances and environmental regulations. The City may, at its option, refuse to allow construction or development work in the subdivision until the Developer complies with the appropriate law or regulation. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Agreement. C. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, occupancy permits or other permits. D. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. E. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers must be in writing, signed by both parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or a release. F. The Developer may not assign this Agreement or the obligations imposed by this Agreement without the written permission of the City Council or as otherwise provided in this Agreement. G. The Developer's obligations under this Agreement shall continue in full force and effect even if the Developer sells a portion of the subdivision, the entire platted area, or any part thereof. H. No building permits will be issued until all public improvements have been constructed in accordance with applicable standards and formally accepted by the City. No 5 occupancy permits will be issued until all public improvements have been constructed in accordance with applicable standards and formally accepted by the City. L The Developer shall take out and maintain a public liability and property damage insurance policy covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. J. The Developer shall record any restrictive or protective covenants for the subdivision. A copy of the recorded restrictive or protective covenants will be provided to the City. K. The Developer shall record the original copy of this agreement, with all requisite signatures, at the time the other final plat documents are recorded as required by law. L. Plat notes and surveyor's notes on plats serve to provide notice of how a subdivision is expected to develop. Said notes are not intended to create any vested private interest in any stated use restriction or covenant, or create any third party beneficiaries to any noted use restriction or covenant. The City reserves the right, in its sole discretion, subject to any applicable public notice and approval process required by law, to alter or amend any plat note, or to sell or vacate any right-of-way, street, alley, park, easement, open area or other land set apart and dedicated to for public use within the plat. The City further reserves the right, upon request of the owner or successor in interest, to vacate the plat and/or relocate any easement, alter lot boundaries or allow said land to be replatted subject to any applicable public notice and approval process required by law. M. Pursuant to Section 5.13 of the Tiffin Subdivision Ordinance, the Developer shall, within one year from the date of the approval of the preliminary plat, for Park Ridge Second Addition, submit the final plat and required attachments to the City Clerk. The City has discretion to extend said date upon request by Developer. SECTION 8. PUBLIC IMPROVEMENTS AND ASSESSMENT WAIVER A. If all the public improvements and facilities are not installed and accepted by the City prior to approval of the final plat, the Developer is required to either deposit in escrow or file a surety bond with the City in the amount equal to the estimated costs of the public improvements and facilities in accordance with Section 5.12 of the Tiffin Subdivision Ordinance. B. Developer agrees to provide to the City, as per Section 3.05 of the Tiffin Subdivision Ordinance, proper maintenance bonds satisfactory to the City, so as to insure that for a period of three (3) years from the date of acceptance of any improvement, the Developer shall be responsible to maintain such improvement in good repair. The City may, at its sole discretion, accept alternative sureties to maintenance bonds to insure the workmanship of the improvements accepted by the City. 6 C. In the event the Developer, its assigns or successors in interest, should sell or convey lots in said subdivision without having constructed the public improvements and facilities as provided in this Agreement or without the City having accepted all public improvements and facilities; the City shall have the right to install and construct said improvements and facilities. Unless City is fully reimbursed for these costs from the escrowed money or surety bond held by the City, the costs of said public improvements and facilities shall be a lien and charge against all of the lots adjacent to or in front of the improvements and facilities that are constructed and any lots which may be assessed for public improvements and facilities under the provisions of Chapters 364 and 384 of the Iowa Code. It is further provided that this requirement to construct said public improvements and facilities is and shall remain a lien from the date of execution until properly released as hereinafter provided. D. The Developer acknowledges and agrees that all lots of the subdivision are specifically benefited by the public improvements and facilities, and the cost of such public improvements and facilities need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements and facilities. SECTION 9. ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION A. The Developer shall submit to the City, for approval by the City Engineer,plans and specifications for the construction of improvements in the subdivision which have been prepared by a registered professional civil engineer. The Developer shall obtain approval of the construction plans and all necessary permits from the appropriate city, state and federal agencies before proceeding with construction. In addition, the Developer shall cause to have its engineer provide adequate field inspection personnel to ensure that an acceptable level of quality control is maintained. B. The Developer shall pay all costs of engineering administration, which will include review of the Developer's final construction plans and specifications, monitoring of construction, and consultation with the Developer and its engineer on the status, progress or other issues regarding the project. The Developer shall pay for the reasonable construction observation performed by the City staff or consulting City Engineer. Construction observation will consist of examination of proposed public utilities, street construction and other infrastructure improvements. The engineering administrative fee and construction observation fees to be paid by the Developer shall be determined by the City, in part based on the standard hourly fee schedule in effect between the City Engineer and the City on file at City Hall and in part based on standard fees for other staff members that perform the duties noted above. The City shall provide the appropriate supporting documentation for these fees upon request by the Developer. 7 SECTION 10. RELEASE The City agrees that when the public improvements and facilities required by Section 3 of this Agreement have been installed to the satisfaction of the City, it will promptly issue appropriate releases of various lots of the subdivision for recording in the Johnson County Recorder's Office so that this Agreement, or applicable portions thereof, will no longer constitute a cloud on the title of the lots in said subdivision. SECTION 11. DEVELOPER'S OBLIGATION AND DEFAULT A. The Developer agrees and is fully obligated to perform as provided in this Agreement. The Developer is liable and responsible for each and every obligation agreed to be undertaken pursuant to this Agreement. Failure of the Developer, its employees, agents or assigns, to perform is not a defense for the Developer against any action to be taken by the City. B. In the event of default by the Developer regarding any work to be performed by the Developer under this Agreement, the City may, at its option, perform the work and bill the Developer for said work. The Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given written notice of the work in default, and has not cured such default within fourteen (14) days of such notice. This Agreement is an authorization for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter upon the property. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part against all of the property located in the subdivision. SECTION 12. AUTHORIZATION TO ENTER PREMISES Developer grants the City, its agents, employees, officers and contractors, authorization to enter the subdivision area to perform all work and inspections deemed appropriate and necessary by the City in conjunction with this development. SECTION 13. FEES The Developer agrees to record this Agreement and to pay all necessary recording and filing fees that accrue as a result of any work that is performed under this Agreement or made necessary as a result of this subdivision project. A copy of this recorded Agreement will be provided to the City. SECTION 14. TIME OF PERFORMANCE Developer shall install all required public improvements within two (2) years from the date of City approval of this Agreement. In the event that the Developer fails to install the required 8 public improvements within the above-referenced time, authorization to proceed with the development shall cease, and the Developer shall be required to seek reauthorization and approval of this development. Developer may, however, request an extension of time from the City. If an extension is granted, it may be conditioned upon updating any security posted by the Developer or requiring the Developer to provide security to reflect cost increases and extended completion date. SECTION 15. NOTICES Required notices to the Developer shall be in writing and shall either be hand delivered to the Developer, its agents or employees, or mailed to the Developer by registered mail at the following address: Park Ridge Development, LLC 1434 Compton Place Iowa City, Iowa 52240 Copy To: MMS Consultants Attn: Duane A. Musser 1917 South Gilbert Street Iowa City, Iowa 52240 Notices to the City shall be in writing and shall be either hand delivered to the City Administrator or mailed to the City by registered mail in care of the City Administrator at the following address: Tiffin City Administrator 300 Railroad St.,P.O Box 259 Tiffin, IA 52340 Notices mailed in conformance with this section shall be deemed properly given. SECTION 16. FUTURE SANITARY SEWER INSTALLATION A. Developer, and its successors and assigns, and any future owner of any property within said subdivision, agree that upon written notice from the City that a public sanitary sewer shall be installed, each property owner shall terminate the private sewage disposal system in compliance with the ordinances, rules and laws of the City, County and State, and install all sanitary sewer mains and lines and sanitary sewer system within the subdivision, according to City Design Standards at that time, and connect to the public sanitary sewer system according to the requirements of Chapter 95 and Chapter 98, Tiffin Code of Ordinances, or any amendment thereto or replacement thereof, at the sole cost of the owners of the properties within the subdivision. It is 9 anticipated that a Homeowner's Association will be formed, and through payment of dues by the owners of the property, the Homeowner's Association will pay all costs of any future sanitary sewer installation. Upon acceptance by the City of the sewer mains and sewer system improvements by resolution, the sewer mains and sewer system improvements shall be owned and maintained by the City. B. If future owners do not comply with Section 16(A) above, public sanitary sewers may be installed by the City at such time as the City deems advisable. Such sanitary sewers shall be constructed according to the City's design standards and specifications in effect at the time the sanitary sewers are constructed. Developer hereby agrees that all of the lots in the subdivision will be benefited equally by such improvement. Therefore, the cost of installation of such sanitary sewers shall be assessed and specifically allocated against all lots in the subdivision equally, pursuant to the provisions of the Code of Iowa which are applicable at such time. Nothwithstanding the foregoing: 1. Developer and any future owner waives any provision limiting the amount which may be assessed against a lot to a certain percentage of the value of the lot. Said provision being currently set forth in Iowa Code 384.62(2013). 2. With respect to the resolution of necessity relating to the above-described improvements, developer waives all objections retaining to the regularity of the proceedings and legality of using the special assessment procedure. 3. Developer and any future owner waives the right to file or sign an objection to the proposal, as currently provided in Iowa Code 384.54 (2013). C. Developer will execute a Future Sanitary Sewer Easement Agreement that is acceptable to the City and deliver it to the City for recordation with the other subdivision documents. The instrument shall not be effective until the public sanitary sewer is constructed and installed as provided herein. However, such provisions in the Future Sanitary Sewer Easement Agreement which restrict Owner use of the easement area shall be effective immediately. D. Developer shall provide City a Conditional Dedication and Conveyance of the sanitary sewer easements as depicted on the final plat at the time the final plat is approved by the City. Such Dedication and conveyance shall become effective only after both of the following two events have occurred: 1. The City has provided written notice to each of the lot owners as provided in Section 15(A) above; and 2. The City has filed a certified copy of the Tiffin City Council resolution accepting the dedication and conveyance of the above property, either whole or in part, in the Johnson County Recorder's Office. 10 E. If the Final Plat of Park Ridge Second Addition is not approved by the City and filed in the Johnson County Recorder's Office, this Section 16 shall be of no force and effect. F. The City shall have the sole discretion to determine where the future sanitary sewer main will connect to the subdivision. If the subdivision cannot gravity flow to the sewer main designated by the City, the City may direct the Developer, its successors or assigns, to install a private lift station on the area designated as sanitary sewer easement on the final plat. Upon the City directing the Developer, its successors or assigns, to install a private lift station as stated above, the Developer, or its successors or assigns shall submit to the City, for approval by the City Engineer, plans and specifications for the construction of the private lift station in the subdivision which have been prepared by a registered professional civil engineer. The Developer, or its successors or assigns shall obtain approval of the construction plans and all necessary permits from the appropriate city, state and federal agencies before proceeding with construction of the private lift station. The Developer, its successors or assigns or the subdivision homeowners association shall have the sole responsibility of installing, repairing, and maintaining the private lift station. The City shall have no obligation for the installation, repair, or maintenance of said lift station. If the Developer, its successors or assigns or Homeowners Association fails to install, repair or maintain the lift station as specified herein, the City may install, repair or maintain the lift station and assess each lot in the subdivision equally for any installation, repair, or maintenance costs in the same manner as property taxes and without further notice. SECTION 17. SUCCESSORS AND ASSIGNS This Agreement shall be a covenant running with the land and inure to the benefit of and be binding upon the parties, their successors and assigns. DATED this day of , 2016. CITY OF TIFFIN, IOWA DEVELOPER PARK RIDGE DEVELOPMENT, LLC By: By: Steve Berner, Mayor Kevin Hochstedler, Manager ATTEST: By: Douglas Boldt, City Clerk Timothy Power, Manager STATE OF IOWA, JOHNSON COUNTY ) ss: 11 On this day of , 2016, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Steve Berner and Douglas Boldt, to me personally known, who, being by me duly sworn, did say that they are 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, as contained in Resolution No. of the City Council on the day of , 201_; and that Steve Berner and Douglas Boldt acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA, JOHNSON COUNTY ) ss: This instrument was acknowledged before me on this day of 2016 by Kevin Hochstedler and Timothy Power as Managers of Park Ridge Development, LLC. Notary Public in and for the State of Iowa Kam/MCD/Subdivision/ParkRidgeSecondAddition/DevelopersAgreement 12