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HomeMy Public PortalAboutResolutions-2016-076 (4) DocuSign Envelope ID: 5133273A-F756-4E4D-9ACA-5A9FFAB9B7B5 Prepared by/Return to:Mark C.Danielson,222 South Linn Street,Iowa City,IA 52240;(319)338-7551 ************************************************************************************************ DEVELOPER'S AGREEMENT WOODFIELD RIDGE PARTS SIX& SEVEN THIS AGREEMENT, made by and between the City of Tiffin, Iowa, a municipal corporation, hereinafter referred to as "City," and Hochstedler Building & 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 Woodfield Ridge — Parts Six & Seven, Tiffin, Iowa, (referred to herein as the "plat") for the following described real estate situated in Tiffin, Johnson County, Iowa, to wit: See Exhibit"A" 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; DocuSign Envelope ID: 5133273A-F756-4E4D-9ACA-5A9FFAB9B7B5 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; sanitary sewer system; storm sewer and drainageway system; site grading;underground utilities; setting for lot and block monuments; and surveying and staking. 2 DocuSign Envelope ID: 5133273A-F756-4E4D-9ACA-5A9FFAB9B7B5 C. Standard Requirements. Further, the Developer 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. 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. At such time as building construction occurs on a lot, but in no event later than five (5) years from the date the subdivision plat is recorded, the Developer shall install sidewalks in said subdivision abutting said lots per the widths approved on the preliminary 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 Developer is responsible to install and pay for the City portion of the sidewalks along Outlot A and Outlot C. 5. The Developer shall submit to the City, for approval by the City Engineer, a storm water management plan which will identify the drainage of this development and specify the manner in which storm water, drainage and runoff will be accommodated. The Developer 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, if required by the City for this development, shall be in compliance with the City's current storm water management ordinances and policies. 6. The Developer shall provide 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 Developer has met the requirements laid out in Section 4.08 of the Tiffin Subdivision Ordinance regarding Neighborhood Open Space Requirements through dedication of property to the City pursuant to the open space requirements of the Subdivision Ordinance in effect when previous phases of Woodfield Ridge were approved. 3 DocuSign Envelope ID: 5133273A-F756-4E4D-9ACA-5A9FFAB9B7B5 D. 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. Developer agrees that it will provide for the continuation of all required water, sanitary sewer and storm drainage facilities. The Developer agrees that it will connect and use existing public water supplies in accordance with the Tiffin Municipal Code and that the 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 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. 4 DocuSign Envelope ID: 5133273A-F756-4E4D-9ACA-5A9FFAB9B7B5 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 occupancy permits will be issued until all public improvements have been constructed in accordance with applicable standards and formally accepted by the City. 5 DocuSign Envelope ID: 5133273A-F756-4E4D-9ACA-5A9FFAB9B7B5 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, if any, and 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. The Developer, its grantees, successors and assigns, agree that public services, including but not limited to street maintenance, snow and ice removal and solid waste collection, will not be extended to such subdivision until the pavement is completed and accepted by the City Council by resolution. M. 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 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. N. 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, submit the final plat and required attachments to the City Clerk. The City has discretion to extend said date upon request by Developer. O. Title to Outlot A shall be conveyed to the City of Tiffin, Iowa, at the time of final plat approval and shall be, after said conveyance, the sole responsibility and obligation of said City. 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. 6 DocuSign Envelope ID: 5133273A-F756-4E4D-9ACA-5A9FFAB9B7B5 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. 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; or the Developer, its assigns or successors in interest in said subdivision, shall fail to construct sidewalks as set forth in Section 3(C)(4), the City shall have the right to install and construct said improvements, facilities and sidewalks. 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, facilities and sidewalks shall be a lien and charge against all of the lots adjacent to or in front of the improvements, facilities and sidewalks that are constructed and any lots which may be assessed for public improvements, facilities and sidewalks under the provisions of Chapters 364 and 384 of the Iowa Code. It is further provided that this requirement to construct said public improvements, facilities and sidewalks 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, facilities and sidewalks, and the cost of such public improvements, facilities and sidewalks 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. 7 DocuSign Envelope ID: 5133273A-F756-4E4D-9ACA-5A9FFAB9B7B5 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. SECTION 10. RELEASE The City agrees that when the public improvements, facilities and sidewalks 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. 8 DocuSign Envelope ID: 5133273A-F756-4E4D-9ACA-5A9FFAB9B7B5 SECTION 14. TIME OF PERFORMANCE Except as provided in this Section, Developer shall install all required public improvements within two (2) years from the date of City approval of this Agreement. Developer is aware of and agrees to be bound by the terms of the Agreement Regarding the Construction of Croell Avenue entered into between the City and Woodfield Ridge, LLC, recorded November 19, 2015, at Book 5447,Page 224. In the event that the Developer fails to install the required 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: Hochstedler Building&Development LLC Attn: Kevin Hochstedler PO Box 1208 Iowa City, Iowa 52244 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. 9 DocuSign Envelope ID: 5133273A-F756-4E4D-9ACA-5A9FFAB9B7B5 SECTION 16. 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. DEVELOPER CITY OF TIFFIN, IOWA HOCHSTEDLER BUILDING& DEVELOPMENT LLC By: By: Steve Berner, Mayor Kevin Hochstedler, Manager ATTEST: Douglas Boldt, City Clerk STATE OF IOWA,JOHNSON COUNTY ) ss: On this day of 2016, before me, a Notary Public, in and for the State of Iowa,personally appeared Steve Berner and Douglas Boldt to me personally known, and,who being by me duly sworn, did say that they are the Mayor and City Administrator/Clerk respectively of the City of Tiffin, Iowa; and that the instrument was signed on behalf of the corporation, by authority of its City Council 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 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 as Manager of Hochstedler Building & Development LLC. Notary Public in and for the State of Iowa 10