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HomeMy Public PortalAboutResolutions-2007-16, CITY OF "TIFFIN, IOWA RESOLUTION No. 2007- 16 A RESOLUTION FOR THE PURPOSE OF APPROVING PAYMENT OF FUNDS FOR WATER IMPROVEMENTS INSTALLED BY IPL UNDER THE TERMS OF THE SUBDIVIDER'S AGREEMENT WITH THE CITY AND SUBJECT TO RETAINED FUNDS EQUAL TO 5% OF THE AGREED REIMBURSEMENT. WHEREAS, IPL Development, LLC, hereinafter IPL and Alot for Alot, LLC, hereinafter IPL, earlier agreed to the installation of water mains for the benefit of the City and other property owners, and WHEREAS, the office of the City Engineer has indicated substantial compliance with the terms of the project by IPL; and WHEREAS, certain limited items have not been completed, but IPL will need better weather to do so, and WHEREAS, the uncompleted items are smaller, less costly aspects of the project; and WHEREAS, the City can assure completion of the project by retaining an amount equal to 5% of the remaining balance due to IPL. NOW, THEREFORE, BE IT RESOLVED, by the City Council Tiffin, Iowa, that the Mayor and Clerk are authorized to issue payment to IPL Development for the water project as provided in X3.5 of the Subdivider's Agreement entered into by IPL and the City, less 5% of the gross amount due to assure final completion of punch list items. BE IT FURTHER RESOLVED, that the Mayor and City Clerk of Tiffin, Iowa, are hereby authorized and directed to execute all legal documents, upon approval of the City Attorney, related to release liens and other claims arising from this project as approved by the City Engineer and City Attorney. On the 11th day of April, 2007, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Dils introduced A RESOLUTION FOR THE PURPOSE OF APPROVING PAYMENT OF FUNDS FOR WATER IMPROVEMENTS INSTALLED BY IPL UNDER THE TERMS OF THE-SUBDIVIDER'S AGREEMENT WITH THE CITY AND SUBJECT TO RETAINED FUNDS EQUAL TO 5% OF THE AGREED REIMBURSEMENT, and made a motion for approval. The motion was seconded by Councilperson Wright Ayes: Wright, DeMuth, Dils, Bartels and Petersen Nays: Time Motion carried. -- Page 2 of 3 C:\Documents and Settings\martie\Local Settings\Temporary Internet Files\OLK29\04 1107 Reso for Partial Pay on Water.doc Last printed 5/1/2007 10:22:00 AM C #2007 -16 - WHEREUPON, the Mayor declared that the A RESOLUTION FOR THE PURPOSE OF APPROVING PAYMENT OF FUNDS FOR WATER IMPROVEMENTS INSTALLED BY IPL UNDER THE TERMS OF THE SUBDIVIDER'S AGREEMENT WITH THE CITY AND SUBJECT TO RETAINED FUNDS EQUAL TO 5% OF THE AGREED REIMBURSEMENT, be adopted and signified his approval of the same by affixing his signature thereto. PASSED, by the Council on the 11th day of April, 2007, and approved by the Mayor on the 11 th day of April, 2007. CITY OF TIFFIN: Glenn R. Potter, Mayor TTEST:, Mar ret Reihman�,4.iffin City Clerk Page 3 of 3 C:\Documents and Settings\martie\Local Settinaffemporary Internet Files\OLK29\04 1107 Reso for Partial Pay on Water.doc Last printed 5/1/2007 10:22:00 AM #2007-16 Preparer Information: Stephen N. Greenleaf, 1402 Willow Creek Court/POB 1757, Iowa City, (319) 351-1056 CERTIFICATION OF CITY CLERK STATE OF IOWA ) COUNTY OF JOHNSON )ss. I, Margaret B. Reihman, City Clerk of the City of Tiffin, Iowa, do hereby certify that the attached Resolution is a true and correct copy of the Resolution No. 2007---1-6 that was passed by the City Council of Tiffin, Iowa, at a regular meeting held on the 11th day of April, 2007, all as the same appears of record in my office. Dated at Johnson County, Iowa, this 1 day of April, 2007. MARC Rk B. REIHII�AN, City Clerk STATE OF IOWA ) COUNTY OF JOHNSON )ss. On this day of April, 2007 before me, a Notary Public, in and for the State of Iowa, personally appeared Margaret B. Reihman, to me personally known, and who, being by me duly sworn, did say that she, is the city clerk, of the City of Tiffin, Iowa; and that the instrument was signed on behalf of the corporate municipality, by authority of its city council, as contained in the resolution adopted by the city council, and that Margaret B. Reihman acknowledged the execution of the instrument to be her voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. STEPHEN N. GREENLEAF Notary Public in and for the State of Iowa Page I of 3 C:\Documents and Settings\martie\Local Settings\Temporary Internet Files\OLK29\04 1107 Reso for Partial Pay on Water.doc Last printed 5/1/2007 10:22:00 AM � 1Ll CITY OF TIFFIN PH/FX-319-545-2572 / 545-4147 SOLON STATE BANK-TIFFIN ( 211 MAIN ST TIFFIN, IOWA 52340 ' i P.O. BOX 259 72-2144-739 TIFFIN, IA 52340-0259 March 18, 2007 PAY TO THE Forty Two Thousand Seven Hundred Fifty Dollars-- ORDER OF 42,750.00 IPL Development,LLC -'Mark Portwood, Manager DOLLA 1822 Y Avenue Homestead, IA 52236 and Alot for Alot, LLC - Mark Portwood, Manager and ILP.% Joseph T Moreland 120 1/2 E Washington St Iowa City, IA 52240 HE ORDER OF THE COUNCIL MEMO water line u10127&411' i:0739214461: 84 014 0II'