HomeMy Public PortalAboutResolutions-2018-022
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RESOLUTION NO. 2018-022
A RESOLUTION AUTHORIZING THE ENTERING INTO AN AGREEMENT WITH
PRAIRIE VILLAGE RESIDENTIAL DEVELOPMENT PHASE 1, OF TIFFIN, IOWA
Whereas,
HBK Engineering, on behalf of Iowa Development Group, Inc., has filed with
the City of Tiffin a preliminary plat for Prairie Village Residential Development Phase
1,
hereby incorporated, and;
Whereas
,Resolution 2018-021 was approved by City Council on March 6, 2018,
approving the preliminary plat for said development, and;
Whereas,
the Developers Agreement will include any and all particulars to the
approved preliminary plat for Prairie Village Residential Development Phase 1,
Now, therefore be it resolved
by the City Council of the City of Tiffin, Iowa, that the
Attorneys representing Prairie Village Residential Development Phase 1, and the City
of Tiffin have reviewed and have taken under consideration all requested revisions to be
made by the City Council of Tiffin. The City Council now having further reviewed the
the Mayor and City Clerk to enter into an agreement with Prairie Village Residential
Development Phase 1, to fully execute the document.
th
On the 6 day of March, 2018, at a regular meeting of the Tiffin City Council, Tiffin,
RESOLUTION NO. 2018-022, A RESOLUTION
Iowa, Councilperson Ryan introduced
AUTHORIZING THE ENTERING INTO AN AGREEMENT WITH PRAIRIE VILLAGE
RESIDENTIAL DEVELOPMENT PHASE 1, OF TIFFIN, IOWA FOR A
andmade a motion for approval. Motion seconded by
Councilperson Havens.
Ayes: Upton, Bartels, Havens, Ryan, Schnedler.
Nays: None.
Whereupon Five Council members were present and voted approval and Mayor Berner
RESOLUTION NO. 2018-022, A RESOLUTION AUTHORIZING THE
declared that
ENTERING INTO AN AGREEMENT WITH PRAIRIE VILLAGE RESIDENTIAL
DEVELOPMENT PHASE 1, OF TIFFIN, IOWA FOR
AGREEMENT
to be adopted and signified his approval of the same by affixing his
signature thereto.
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Passed by the City Council on the 6 day of March, 2018.
City of Tiffin
____________________________
Steven L. Berner, Mayor
ATTEST: ________________________________
Ashley Platz, City Clerk
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Joseph C. Judge, Lane & Waterman LLP, 220 N. Main St. #600,
THIS INSTRUMENT PREPARED BY/RETURN TO:
Davenport, IA 52801; (563) 324-3246
THIS AGREEMENT, made by and between the City of Tiffin, Iowa, a municipal
corporation, hereinaIowa Development Group, Inc., hereinafter
collectively
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 Prairie
Village Residential Development Phase 1, in the City of Tiffin, Johnson County, Iowa
( described on Exhibit B.
As part of this request, Developer acknowledges Patrick Hammes, Peg Rogers and
Kaiser Holdings, LLC the real estate described on Exhibit B.
SECTION 2. CONDITIONS OF PLAT APPROVAL AND RIGHT TO PROCEED
The City shall approve the preliminary plat of this subdivision upon the
A.
conditions that:
The final plat(s) will conform to the preliminary plat;
1.
The construction plans will be submitted and approved;
2.
The public improvements will be constructed in accordance with
3.
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 7 of this Agreement; and
The Developer enters into and abides by this Agreement.
4.
The Developer further agrees that this Agreement shall be a covenant running
B.
with the land and shall be binding on the present and future owners of the property.
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The Developer may not grade or otherwise disturb the earth, remove trees,
C.
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:
This Agreement has been fully executed by both parties, filed with the
1.
City Clerk, and approved by the City Council;
The Developer has complied with the erosion control and grading
2.
provisions set forth in Section 5 of this agreement; and
All permits required by local, state, and federal law have been applied for
3.
and issued by the appropriate authority.
Contingent upon the permitting requirements set forth in Paragraph 3 of
4.
this section being met, all necessary construction permits have been applied for and
issued by the City.
SECTION 3. DEVELOPMENT REQUIREMENTS AND PUBLIC IMPROVEMENTS
Development Standards. The subdivision shall be developed according to the
A.
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.
Public Improvement Standards. All improvements and facilities described in this
B.
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.
C. Standard Requirements. Further, the Developer agrees that:
All streets shown on the plat will be constructed of concrete paving with
1.
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.
The Developer shall provide for the installation of all electric lines, street
2.
lights, gas mains, telephone lines and other utility facilities that are necessary at the
underground.
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Any decorative street lighting shall be approved by the City and installed
3.
at the Develo
At such time as building construction occurs on a lot, but in no event later
4.
than five (5) years from the date the final subdivision plat is recorded of the
development, 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
following sidewalks shall be installed by the Developer and completed prior to final plat
approval: The sidewalk to be constructed along Bonefish Street abutting Outlot B; the
sidewalks to be constructed along Bonefish Street abutting Outlot A and Outlot C; the
sidewalk to be constructed along Ironwood Lane abutting Outlot A;.
A. The sidewalks to be constructed along Omer Street abutting Outlot E
and Outlot F, and along Thomas Street abutting Outlot F and Outlot G and the sidewalks
along Bonefish Street abutting Outlot D and Outlot E shall be constructed by the
Developer at the time the property to the south develops.
B. An eight foot sidewalk shall be constructed along the east side of
Bonefish Street, abutting Lots 19, 20, 21, 22, 23, 24, 25, 26 and Outlots B, C and D.
The Developer shall submit to the City, for approval by the City Engineer,
5.
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(s), if required by the City for this
ordinances and policies.
The Developer shall provide any water, sewer, utility and drainage
6.
easements as shown on the approved final plat. Further, Developer shall provide all off-
site easements the City requires that are acceptable to the City.
Any wells shall be abandoned in accordance with applicable local, state
7.
and federal laws and regulations.
The requirements set forth in Section 4.08 of the Tiffin Subdivision
8.
Ordinance regarding Neighborhood Open Space Requirements have been fulfilled by the
Developer through the conveyance of Outlot A in Prairie Village Residential
Development to the Association, as provided below, and the conveyance of Outlot C and
Outlot B to the City. The City further agrees that the open space provided by Outlot A,
Outlot B and Outlot C may be utilized by the Developer, or its affiliate or assignee, in
satisfying the Open Space Requirements for the Prairie Village Commercial subdivision.
The Developer shall create a Prairie Village Homeowners Association
9.
for the entire Prairie Village Residential Development subdivision.
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Every owner of property in the Prairie Village Residential Development subdivision will
be a me
Prairie Village Residential Development subdivision shall be conveyed to the Association
for use as open space, common area and storm water detention easement. The
Association shall have the sole responsibility of maintaining Outlot A, including the
pond(s) and storm water detention easement area located thereon. The City shall have no
obligation for the maintenance of Outlot A, or the pond of any storm water detention
easement area. If the Association fails to maintain Outlot A, or the pond or any storm
water detention easement area located thereon, the City may assess each lot in the Prairie
Village Residential Development subdivision equally for any maintenance costs in the
same manner as property taxes and without further notice. The Developer shall grant a
public access easement over Outlot A.
The Developer is responsible to ensure construction of all off-site public
10.
improvements which serve the subdivision are completed, after such plans are approved
by the City. The trunk sewer which is to run north from Highway 6 to this subdivision
must be completed prior to final plat approval. The aforementioned trunk sewer must
serve this subdivision. Subject to City Council approval, the Developer and the City shall
enter into a separate agreement for the cost, design and installation of the trunk sewer.
Neither Lot 1 nor Lot 60 shall have access to Oakdale Boulevard
11.
Nothing in this Agreement shall be construed to impose
D.
a requirement on the City to install the original public improvements at issue herein, nor shall the
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.
Sanitary Sewer Upgrade. Developer and City acknowledge that the sanitary sewer
E.
main located south of Highway 6 will have to be upgraded by City in order to meet the demands
of the subdivision, and other property in the area. The cost due from the Developer for this
upgrade is $616.67/acre for a total of $24,932.00, which shall be paid prior to final plat approval.
Fencing. If, at the time of dedication or conveyance to the City of any property (i.e.
F.
outlot, right of way, open space), and abutting property is used for agricultural purposes, the
Developer must provide the City with a copy of the existing fence agreement. If no fence agreement
exists, the Developer must enter into a fence agreement with the adjacent owner that is acceptable to
the City. Prior to final plat approval, the Developer must ensure the part of the fence it is responsible
for pursuant to the fence agreement is in good condition, subject to approval by the City.
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
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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
Erosion Control. Before any utility construction is commenced or building
A.
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
Grading. No grading of any nature may occur on this property until a grading plan
B.
is implemented by the Developer and approved by the City. Within ninety (90) days after the
-
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.
SECTION 6.
Reserved
SECTION 7. PUBLIC IMPROVEMENTS AND ASSESSMENT WAIVER
If all the public improvements and facilities, except for sidewalk construction
A.
deferred in accordance with Section 3(C)(4), 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.
Developer agrees to provide to the City, as per Section 3.05 of the Tiffin
B.
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.
In the event the Developer, its assigns or successors in interest, should sell or
C.
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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.
The Developer acknowledges and agrees that all lots of the subdivision are
D.
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 8. 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 City engineering administration, which will
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. 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 9. 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
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issue appropriate releases of various lots of the subdivision for recording in the Johnson County
constitute a cloud on the title of the lots in said subdivision.
The Developer agrees and is fully obligated to perform as provided in this
A.
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.
In the event of default by the Developer regarding any work to be performed by
B.
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 11. 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 12. 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.
SECTION 13. TIME OF PERFORMANCE
Developer shall install all required public improvements, except for sidewalk
construction deferred in accordance with Section 3(C)(4), within two (2) years from the date of
the City approval of this agreement. 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, provided that Developer may 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.
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SECTION 14. 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:
Iowa Development Group, Inc.
Attn: Matthew Adam
2916 Hwy 1 NE
Iowa City, IA 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.
SECTION 15. MISCELLANEOUS
The Developer represents and states that the plat complies with all City, state and
A.
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
there is compliance.
Third parties shall have no recourse against the City under this Agreement.
B.
Breach of the terms of this Agreement by the Developer shall be grounds for
C.
denial of building permits, occupancy permits or other permits.
If any portion, section, subsection, sentence, clause, paragraph or phrase of this
D.
Agreement is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Agreement.
The action or inaction of the City shall not constitute a waiver or amendment to
E.
the provisions of this Agreement. To be binding, amendments or waivers must be in writing,
signed by both parties and approved by written
to promptly take legal action to enforce this Agreement shall not be a waiver or a release.
The Developer may not assign this Agreement or the obligations imposed by this
F.
Agreement without the written permission of the City Council or as otherwise provided in this
Agreement.
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G.
effect even if the Developer sells a portion of the subdivision, the entire platted area, or any part
thereof.
No building permits will be issued until all public improvements referenced
H.
herein have been constructed in accordance with applicable standards and formally accepted by
the City, unless an escrow agreement which is acceptable to the City is approved by the City.
The Developer shall take out and maintain a public liability and property damage
I.
insurance policy covering personal injury, including death, and claims for property damage
contractors or by one directly
or indirectly employed by any of them.
The Developer shall record any restrictive or protective covenants for the
J.
subdivision. A copy of the recorded restrictive or protective covenants will be provided to the
City.
The Developer shall record the original copy of this agreement, with all requisite
K.
signatures, at the time the other final plat documents are recorded as required by law.
The Developer, its grantees, successors and assigns, agree that public services,
L.
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.
provide notice of how a
M.
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 to 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.
Pursuant to Section 5.13 of the Tiffin Subdivision Ordinance, the Developer shall,
N.
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.
The Owner shall have no right to proceed with the development of the subdivision
O.
unless it agrees, in writing, to be bound by the obligations of Developer as set forth herein, with
the consent of the City. Upon Owner transferring title to Developer, Developer may develop the
subdivision in accordance with the approved preliminary plat and this Agreement.
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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 , 2018.
\[SIGNATURE PAGES TO FOLLOW\]
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DEVELOPER:
IOWA DEVELOPMENT GROUP, INC.
By: _______________________________
Matthew J. Adam, President
STATE OF IOWA )
) SS:
COUNTY OF )
On this ____ day of ______________, 2018, before me, the undersigned, a Notary Public
in and for said State, personally appeared Matthew J. Adam, to me personally known, who, being
by me duly sworn, did say that he is the President of Iowa Development Group, Inc., an Iowa
corporation; that said instrument was signed on behalf of said corporation by authority of its
Board of Directors; and that the said Matthew J. Adam as such officer acknowledged the
execution of said instrument to be the voluntary act and deed of said corporation, by it and by
him voluntarily executed.
NOTARY PUBLIC STATE OF IOWA
My Commission Expires: _______________
\[signatures continue on following page\]
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CITY OF TIFFIN, IOWA
By: _______________________________
Steve Berner, Mayor
ATTEST: __________________________
Ashley Platz, City Clerk
STATE OF IOWA )
) ss:
COUNTY OF JOHNSON )
On this ____ day of ____________, 2018, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared Steve Berner and Ashley Platz, to me personally
known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Tiffin, Iowa; that the seal affixed to the foregoing instrument is the
corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the
corporation, by authority of its City Council; and that Steve Berner and Ashley Platz
acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary
act and deed of the corporation, by it and them voluntarily executed.
NOTARY PUBLIC STATE OF IOWA
My Commission Expires: _____________________
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EXHIBIT A
PRELIMINARY PLAT
See attached.
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EXHIBIT B
LEGAL DESCRIPTION OF REAL ESTATE
th
The NW ¼ of the NW ¼ of Section 27, Township 80 North, Range 7 West of the 5
P.M., also as described as Auditor Parcel 2017010, in accordance with the Plat of Survey
recorded in Book 61, Page 9, Plat Records of Johnson County, Iowa.
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Certificate Of Completion
Envelope Id: 1E34158793AB4D358476BD83F4141D09Status: Completed
Subject: Please DocuSign: 2018-022 - Prairie Village Residential Developer's Agreement.docx, 2018-022 - ...
Source Envelope:
Document Pages: 15Signatures: 4Envelope Originator:
Certificate Pages: 5Initials: 0ASHLEY PLATZ
AutoNav: Enabled300 Railroad St
EnvelopeId Stamping: EnabledPO Box 259
Time Zone: (UTC-08:00) Pacific Time (US & Canada)Tiffin, IA 52340
AJAY@TIFFIN-IOWA.ORG
IP Address: 69.63.16.128
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Status: OriginalHolder: ASHLEY PLATZLocation: DocuSign
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Deputy City ClerkSigned: 4/5/2018 9:26:23 AM
CITY OF TIFFIN, IOWA
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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 âWithdraw Consentâ 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); Safariâ¢
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 âI agreeâ button below.
By checking the âI agreeâ 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.