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HomeMy Public PortalAboutResolutions-2007-71Preparer Information: Stephen N. Greenleaf, 1402 Willow Creek Court/P013 1757, Iowa City, (319) 351-1056, CITY OF TIFFIN IOWA RESOLUTION NO.°2007- 71 A RESOLUTION APPROVING PAYMENT BY LDR IOWA CITY, LLC FOR ITS SHARE OF COSTS FOR IMPROVING ROBERTS FERRY ROAD AND RELEASING THE OBLIGATION UNDER SECTION 2 OF THE SUPPLEMENTAL DEVELOPER'S AGREEMENT WHEREAS, LDR Iowa City, LLC (Subdivider) and the City entered into an agreement that LDR would pay 1/6 of the costs of improving Roberts Ferry Road adjoining the subdivision; and WHEREAS, the City Engineer has reviewed the invoices from the contractor and for the engineering; and WHEREAS, the improvements are substantially complete and the costs identified; and WHEREAS, the City will benefit from the acceptance of payment in the requested amount of $86,522.55; and WHEREAS, by this payment the City will acknowledge the payment as full and final' payment of the Roberts Ferry Road obligation and release the obligation set forth in the Supplemental Developer's Agreement. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Tiffin, Iowa, that the City accepts payment on behalf of LDR Iowa City LLC in the amount of $86,522.55 as the full and final payment required under the Supplemental Developer's Agreement, thereby releasing LDR from any further obligation under the Agreement. BE IT FURTHER RESOLVED by the City Council.of Tiffin, Iowa, that the City hereby certifies that the invoices and supporting materials provided to LDR in support of the payment are true and accurate. Last saved by Steve Greenleaf Page 2 of 3 BE IT FURTHER RESOLVED that the City hereby releases any claim of lien or -cloud upon title based upon obligations arising out of the Supplemental Developer's Agreement relating to Section 2 of that agreement. ON THE 12th 'day of December, 2007, at a meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson n; 1.q introduced A RESOLUTION APPROVING PAYMENT BY LDR IOWA CITY, LLC FOR ITS SHARE OF COSTS FOR IMPROVING ROBERTS FERRY ROAD AND RELEASING THE OBLIGATION UNDER SECTION 2 OF THE SUPPLEMENTAL DEVELOPER'S AGREEMENT and made a motion for approval. Council person Wright seconded the motion. Ayes: Bartels, Dils, Wright and Demuth - t Nays: None. -Absent: Petersen Motion carried. WHEREUPON, the Mayor declared A RESOLUTION APPROVING PAYMENT BY LDR IOWA CITY, LLC FOR ITS SHARE OF COSTS FOR IMPROVING ROBERTS FERRY ROAD AND RELEASING THE OBLIGATION UNDER SECTION 2 OF THE SUPPLEMENTAL DEVELOPER'S AGREEMENT adopted and signified his approval of the resolution by affixing his signature below. PASSED, by the Council on the 12t1f day of December, 2007, and approved by the Mayor on the. 12th day of December, 2007. CITY OF TIFFIN: Glenn R. Potter, Mayor Last saved by Steve Greenleaf Page 3 Of 3 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. 2007-71 that was passed by the City Council of Tiffin, Iowa, at a regular meeting held on the 12th day of December, 2007, all as the same appears of record in my office. Dated at Johnson County,°Iowa, this 27thday of December, 2007. R - GARET IHMAN, City Clerk STATE OF IOWA ) COUNTY OF JOHNSON )ss. On this day of December 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 corporation, 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 Last saved by Steve Greenleaf Page 1 of 3