Loading...
HomeMy Public PortalAboutResolutions-2017-064 DocuSign Envelope ID: C0AB2B92-03E4-4151-9CCA-2F3EDA600EB9 RESOLUTION NO.2017-064 RESOLUTION TO APPROVE THE ESCROW AGREEMENT FOR TIFFIN HEIGHTS EAST Whereas, the Developer has requested the City enter into an escrow agreement prior to completion of the all the improvements in the subdivision and required by the subdivision, and; Whereas, Ordinances and Subdivision Agreement with the exceptions noted in the escrow agreement, attached, and; Now, therefore be it resolved by the City Council of the City of Tiffin, Iowa that the Mayor and City Administrator/Clerk are hereby authorized to execute the documents necessary to approve the final plat as submitted and as approved by the City Engineer and City Attorney, but, as a condition of its approval, the approval of the final plat are contingent on the following: 1) Tiffin Heights East executing the attached escrow agreement; 2) Execution by the Subdivider and other necessary parties of all other documents required by the Subdivision Ordinance or Subdivision Agreement, including easement agreements. The final plat may not be recorded and no lots may be transferred until these contingencies have been completed. th On the 15 day of August, 2017, at a regular meeting of the Tiffin City Council, Tiffin, RESOLUTION NO. 2017-064, A RESOLUTION Iowa, Councilperson Kahler introduced TO APPROVE THE ESCOW AGREEMENT FOR TIFFIN HEIGHTS EAST and made a motion for approval. Motion seconded by Councilperson Ryan. Ayes: Upton, Kahler, Ryan, Havens, Bartels Nays: None. Absent: None. Whereupon five Council members were present and voted approval and Mayor Berner RESOLUTION NO. 2017-064, A RESOLUTION TO APPROVE THE declared that the ESCOW AGREEMENT FOR TIFFIN HEIGHTS EAST to be adopted and signified his approval of the same by affixing his signature thereto. th Passed by the City Council on the 15 day of August, 2017. City of Tiffin ____________________________ Steven L. Berner, Mayor ATTEST: ________________________________ Doug Boldt, City Administrator/Clerk DocuSign Envelope ID: C0AB2B92-03E4-4151-9CCA-2F3EDA600EB9 Prepared by and after: Michael J. Pugh 425 E Oakdale Boulevard, Suite 201 (319) 351-2028 recording return to: Pugh Hagan Prahm PLC Coralville, IA 52241 Fax (319) 358-5560 ESCROW AGREEMENT Tiffin Heights East THIS ESCROW AGREEMENT is made this ____ day of August, 2017, by and between the City of Tiffin, Iowa ("City") and The Boulders, LLC (SSETH: RECITALS A.Developer has requested that the City approve its Final Plat for Tiffin Heights East, B.As a condition of Final Plat approval, the City has required Developer deposit the sum of Eleven Thousand and 00/100 Dollars ($11,000.00 obligation to complete the following items: (i) finish the final approximately 1,14e Avenue; and (iii) install approximately 660 square feet of sidewalk to the storm water retention A TERMS AND CONDITIONS In consideration of the Recitals and the mutual covenants set out below, it is agreed as follows: 1.Prior to final plat approval, Developer will deposit the Escrow Amount with the City to be held in escrow and disbursed to Developer upon completion of the Escrow Items in accordance with the approved construction plans. The City shall provide a written receipt acknowledging receipt of the Escrow Amount. 2.The Escrow Items shall be constructed and installed by the Developer according to the plans and specifications approved by the City Engineer of the City of Tiffin, who shall {00215473} DocuSign Envelope ID: C0AB2B92-03E4-4151-9CCA-2F3EDA600EB9 have the right to make occasional inspection of the work in progress. Such inspections shall not relieve or release the Developer from its responsibility to construct said Escrow Items in accordance with the approved plans and specifications. Further, said inspections shall not create a duty or warranty on the part of the City that the construction of said Escrow Items is in compliance with said plans and specifications. 3.Upon satisfaction of the terms as outlined in Paragraph 2 the City shall promptly distribute the Escrow Amount to Developer. 4.After installation and acceptance by the City, Developer shall have no obligation for maintenance or management of said Escrow Items whatsoever, except as provided in the . 5.The Developer agrees to complete the Escrow Items on or before November 1, 2017 6.In the event the Escrow Items is not completed by the Construction Deadline, the City may, but shall not be required to, utilize the Escrow Amount to complete the Escrow Items. 7.In the event the Escrow Amount is insufficient to pay for the Escrow Items, the Developer shall pay for the excess costs incurred. 8.The City hereby grants to the Developer a temporary construction easement in, over and across the for the purpose of constructing the Escrow Items as contemplated herein. 9.Except as specifically provided above, nothing in this Agreement shall be construed to impose a requirement on the City to install the public improvements herein, nor installation of the above-described improvement. 10.In the event of a dispute between Developer and City as to the satisfactory completion of the Escrow Items, the City may deposit the Escrow Amount with the Clerk of Court for the Johnson County District Court. Either party may thereafter make application to the Court for distribution of such funds. 11.This Agreement shall not be considered a lien on any lots in the Subdivision. \[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK\] {00215473} DocuSign Envelope ID: C0AB2B92-03E4-4151-9CCA-2F3EDA600EB9 \[SIGNATURE PAGE TO ESCROW AGREEMENT\] Dated this _____ day of August, 2017. SUBDIVIDER THE BOULDERS, L.L.C. By:___________________________________ Jason A. Dumont, Manager CITY OF TIFFIN, IOWA By:___________________________________ Steve Berner, Mayor ATTEST: By:____________________________ Douglas Boldt, City Clerk STATE OF IOWA, COUNTY OF JOHNSON ) ss: This instrument was acknowledged on the _____ day of August, 2017, before me, by Jason A. Dumont, as Manager of The Boulders, L.L.C. ________________________________ Notary Public in and for said State STATE OF IOWA, COUNTY OF JOHNSON ) ss: On this _____ day of August, 2017, before me, the undersigned, a Notary Public in and for said County and State, 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 corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council, and the said Mayor and City Clerk did acknowledge 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 said State {00215473} Certificate Of Completion Envelope Id: C0AB2B9203E441519CCA2F3EDA600EB9Status: Completed Subject: Please DocuSign: 2017-064 - Resolution Approving Escrow Agreement Tiffin Heights East.docx, I-4... Source Envelope: Document Pages: 4Signatures: 4Envelope Originator: Supplemental Document Pages: 0Initials: 0ASHLEY PLATZ Certificate Pages: 5 AutoNav: EnabledPayments: 0300 Railroad St EnvelopeId Stamping: EnabledPO Box 259 Time Zone: (UTC-08:00) Pacific Time (US & Tiffin, IA 52340 Canada)AJAY@TIFFIN-IOWA.ORG IP Address: 10.103.101.11 Record Tracking Status: OriginalHolder: ASHLEY PLATZLocation: DocuSign 8/16/2017 11:46:31 AM AJAY@TIFFIN-IOWA.ORG Signer EventsSignatureTimestamp Steve BernerSent: 8/16/2017 11:48:25 AM steven.lee.berner@gmail.comResent: 8/25/2017 12:30:30 PM Security Level: Email, Account Authentication Viewed: 8/25/2017 12:50:23 PM (None) Signed: 8/25/2017 12:50:32 PM Using IP Address: 199.120.90.9 Electronic Record and Signature Disclosure: Accepted: 8/25/2017 12:50:23 PM ID: 4eb348f9-8414-41b8-85ec-d383777ea1f1 Doug BoldtSent: 8/25/2017 12:50:33 PM dboldt@tiffin-iowa.orgViewed: 8/25/2017 12:55:21 PM Security Level: Email, Account Authentication Signed: 8/25/2017 12:56:11 PM (None) Using IP Address: 69.63.16.128 Electronic Record and Signature Disclosure: Accepted: 11/15/2016 7:19:16 AM ID: e71e6fed-796e-4f6c-b8a2-9a25882d8617 In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Notary EventsSignatureTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted8/25/2017 12:50:33 PM Certified DeliveredSecurity Checked8/25/2017 12:55:21 PM Signing CompleteSecurity Checked8/25/2017 12:56:11 PM Envelope Summary EventsStatusTimestamps CompletedSecurity Checked8/25/2017 12:56:11 PM Payment EventsStatusTimestamps Electronic Record and Signature Disclosure CONSUMER DISCLOSURE From time to time, CITY OF TIFFIN, IOWA (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign, Inc. (DocuSign) electronic signing system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the ‘I agree’ button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after signing session and, if you elect to create a DocuSign signer account, you may access them for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign ‘Withdraw Consent’ form on the signing page of a DocuSign envelope instead of signing it. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact CITY OF TIFFIN, IOWA: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: AJAY@TIFFIN-IOWA.ORG To advise CITY OF TIFFIN, IOWA of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at AJAY@TIFFIN-IOWA.ORG and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc. to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in the DocuSign system. To request paper copies from CITY OF TIFFIN, IOWA To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to AJAY@TIFFIN-IOWA.ORG and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with CITY OF TIFFIN, IOWA To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to AJAY@TIFFIN-IOWA.ORG and in the body of such request you must state your e-mail, full name, US Postal Address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows® 2000, Windows® XP, Windows Vista®; Mac OS® X Browsers: Final release versions of Internet Explorer® 6.0 or above (Windows only); Mozilla Firefox 2.0 or above (Windows and Mac); Safari™ 3.0 or above (Mac only) PDF Reader: Acrobat® or similar software may be required to view and print PDF files Screen Resolution: 800 x 600 minimum Enabled Security Settings: Allow per session cookies ** These minimum requirements are subject to change. If these requirements change, you will be asked to re-accept the disclosure. Pre-release (e.g. beta) versions of operating systems and browsers are not supported. Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the ‘I agree’ button below. By checking the ‘I agree’ box, I confirm that: •I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC CONSUMER DISCLOSURES document; and •I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and •Until or unless I notify CITY OF TIFFIN, IOWA as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by CITY OF TIFFIN, IOWA during the course of my relationship with you.