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HomeMy Public PortalAboutResolutions-2017-069 DocuSign Envelope ID: 984EA5C8-A5E5-4CE5-B0F5-BA49DDABB775 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. 1 {02265937.DOCX} {02265937.DOCX} 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 2 {02265937.DOCX} {02265937.DOCX} 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: _____________ 3 {02265937.DOCX} {02265937.DOCX} 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: 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 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 Security Level: Email, Account Authentication Signed: 8/16/2017 12:53:57 PM (None) Using IP Address: 199.120.90.9 Electronic Record and Signature Disclosure: Accepted: 8/16/2017 12:53:45 PM 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) Using IP Address: 166.181.80.172 Signed using mobile 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/Encrypted8/16/2017 12:53:58 PM Certified DeliveredSecurity Checked8/16/2017 1:41:04 PM Signing CompleteSecurity Checked8/16/2017 1:41:11 PM Envelope Summary EventsStatusTimestamps CompletedSecurity Checked8/16/2017 1:41:11 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. 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