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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.
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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
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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.
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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
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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
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Time Zone: (UTC-08:00) Pacific Time (US & Tiffin, IA 52340
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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
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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:
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ID: e71e6fed-796e-4f6c-b8a2-9a25882d8617
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