HomeMy Public PortalAboutResolutions-2017-069
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RESOLUTION NO. 2017-069
A RESOLUTION APPROVING THE
AGREEMENT FOR WOODFIELD RIDGE PARTS SIX AND SEVEN
Whereas,
The City recognizes there has been a change in ownership or assignment
with respect to Woodfield Ridge Parts Six and Seven, and;
Whereas,
the City Council
reflect the ownership and assignment change;
Now, therefore be it resolved
by the City Council of the City of Tiffin, Iowa to approve
the amendment to
to reflect a change in ownership and assignment from Hochstedler Building &
Development LLC to QS Development Inc.
th
On the 15 day of August, at a regular meeting of the Tiffin City Council, Tiffin, Iowa,
RESOLUTION NO. 2017-069, A RESOLUTION
Councilperson Havens introduced
WOODFIELD RIDGE PARTS SIX AND SEVEN
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
RESOLUTION NO. 2017-0691, A RESOLUTION APPROVING THE
declared that the
AMENDMENT TO THE
PARTS SIX AND SEVEN
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: 984EA5C8-A5E5-4CE5-B0F5-BA49DDABB775
Prepared by/ Return to: Dean A. Spina, 2007 First Avenue SE Cedar Rapids, IA 52402 (319) 363-0101
************************************************************************************************************
AMENDMENT TO 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 QS DEVELOPMENT INC., hereinafter
referred to as "Developer."
RECITALS
A.Hochstedler Building & Development LLC and the City of Tiffin, Iowa entered into a
--
acres.
B.Hochstedler Building & Development LLC entered into an Assignment and
Assumption Agreement with Developer and the City has consented to the assignment
of the rights and obligations of Hochstedler Building and Development LLC to
Developer and the assumption thereof by Developer.
C.
NOW THEREFORE, the City and Developer agree as follows:
I.Notices. Section 15 Notices is amended by striking the name and address of
Hochstedler Building & Development LLC and substituting in lieu thereof the
following:
QS Development Inc.
P. O. Box 5198
Coralville, IA 52241
II.Section 7(P) is hereby stricken.
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DocuSign Envelope ID: 984EA5C8-A5E5-4CE5-B0F5-BA49DDABB775
III.New Sections
Agreement.
a.Section 17. Water Detention Facility.
This paragraph relates to the detention basin in Outlot C, shown in the SW corner
of the preliminary plat and located in Woodfield Ridge Part 1. In order to provide
water quality and quantity, a portion of the existing 42 inch storm sewer will be
removed and replaced by Developer to lower the water surface of the pond. A
second 42 inch outlet pipe for the pond will be installed by Developer as an
emergency outlet. A concrete control structure will be installed by Developer to
provide the water quality volume. All of the above described work is subject to
inspections and approval by the City Engineer, and shall be acceptable to the
City.
Additionally, the parties agree that Biohaven Floating islands may be installed by
the City, if requested by the City and approved by the State in connection with the
SRF-sponsored project. The size and use of the Biohaven Floating islands will be
determined by the City Engineer.
IV.No Other Modification. Except as expressly modified by this Amendment, and
except as may be necessary to incorporate the changes effected by this
Amendment, the Agreement, and each of the covenants, agreements,
and time restrictions contained therein, are ratified and confirmed in every respect
and will remain as a fully effective document enforceable in accordance with its
terms.
The City and the Developer have caused this Agreement to be signed, in their names and
on their behalf by their duly authorized officers, all as of the day and date written above.
CITY OF TIFFIN, IOWA
Attest: By: ____________________________
STEVE BERNER, Mayor
_________________________
DOUGLAS BOLDT, City Clerk QS DEVELOPMENT INC.
By: ____________________________
SCOTT A. ANDERSEN, President
STATE OF IOWA, JOHNSON COUNTY ) ss:
On this _____ day of August, 2017, before me, the undersigned, a Notary Public in and for
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DocuSign Envelope ID: 984EA5C8-A5E5-4CE5-B0F5-BA49DDABB775
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 August 2017; 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
My Commission Expires: _____________
STATE OF IOWA, JOHNSON COUNTY ) ss:
This instrument was acknowledged before me on this _____ day of August 2017 by Scott
A. Andersen as President of QS Development Inc.
Notary Public in and for the State of Iowa
My Commission Expires: _____________
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Certificate Of Completion
Envelope Id: 984EA5C8A5E54CE5B0F5BA49DDABB775Status: Completed
Subject: Please DocuSign: 2017-069 - Resolution Approving Amendment to DA for Woodfield 6 and 7.docx, I-...
Source Envelope:
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Certificate Pages: 5
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Record Tracking
Status: OriginalHolder: ASHLEY PLATZLocation: DocuSign
8/16/2017 12:16:54 PM AJAY@TIFFIN-IOWA.ORG
Signer EventsSignatureTimestamp
Steve BernerSent: 8/16/2017 12:17:55 PM
steven.lee.berner@gmail.comViewed: 8/16/2017 12:53:45 PM
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ID: 862b5a14-d4cc-499a-98d0-bfc7507815bc
Doug BoldtSent: 8/16/2017 12:53:58 PM
dboldt@tiffin-iowa.orgViewed: 8/16/2017 1:41:03 PM
Security Level: Email, Account Authentication Signed: 8/16/2017 1:41:11 PM
(None)
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Signed using mobile
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