HomeMy Public PortalAboutResolutions-2004-45 (2)CITY OF TIFFIN RESOLUTION NO. 2004- 4 5
A RESOLUTION ACCEPTING THE INFRASTRUCTURE OF SONGBIRD
ESTATES PARTS 6, 7, and 8 AND AUTHORIZING THE RELEASE OF THE
FUNDS HELD BY THE CITY PURSUANT TO AN ESCROW AGREEMENT
BETWEEN THE CITY AND THE OWNER/DEVELOPER OF SONGBIRD
ESTATES, PARTS 6, 7, AND 8, TIFFIN IA
WHEREAS, the City of Tiffin and the Owner/Developer of Songbird Estates entered
into an Irrevocable Standby Letter of Credit recorded in Book 3216, Page 479 regarding
Songbird Estates Parts 6, 7, and 8, for funds to provide for the costs of any possible future
repairs of the infrastructure in Song Birds Part 6, 7, and 8, Tiffin, Johnson County, Iowa;
and said Agreement expired January 12, 2004, and
WHEREAS, at the expiration of the above Agreement, the City and the Developer
agreed, in writing by virtue of an Escrow Agreement, that certain repairs or
improvements°remained to be made to the covered infrastructure as itemized by a letter
dated December 4, 2003, from City Engineer Michael Hart to Developer Tom Lawrence;
and
WHEREAS, pursuant to said Escrow Agreement Lawrence and C&L Development,
L.L.C. provided a check for $11,200 that was placed into Escrow by the City to cover the
cost of the repairs noted in the Hart's December 4, 2003 letter, in lieu of the City's right
to draw upon the Irrevocable Letter of Credit; and
WHEREAS, no further deficiencies in the infrastructure have been identified and the
Owner/Developer(s) of Songbird Estates Parts 6, 7, and 8 has substantially completed all
public improvements as required under an Agreement recorded October 22, 1993, in
Book 1639, Page 109, records of the Recorder of Johnson County, Iowa, and including
all itemized repairs and improvements as shown in the letter dated December 4, 2003
from City Engineer Michael Hart to Developer Tom Lawrence; and therefore, the City
Engineer recommends acceptance of all streets, sanitary sewers, stormwater sewers, and-
watermains in Songbird Estates Parts 6, 7, and 8.
WHEREAS, C&L owes the City for certain amounts due by the Developer for
engineering inspection services provided to the City and also for street signs and their
installation and other miscellaneous charges.
NOW, THEREFORE, BE IT RESOLVED, that the City of Tiffin City Council hereby
accepts the public improvements in Songbird Estates Parts 6, 7, and 8, specifically, the
streets, sanitary sewers, storm sewers, and water mains, as required by the above-
mentioned agreements and hereby releases the Owner/Developer from the requirements
of the Agreement recorded October 22, 1993, in Book 1639, Page 109, and hereby
releases the Owner/Developer from the Standby Letter of Credit recorded in Book 3216,
Page 479, and from the above-described Escrow Agreement and authorizes the refund of
the escrow amount of $11,200 to the remitter, "Songbird Estates", less outstanding
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inspection fees due to the City and cost of street signs and installation of signs, and other
miscellaneous charges.
ON THE 9th day of June, 2004, at a regular meeting of the Tiffin City Council, Tiffin,
Iowa, Councilperson Gericke introduced A RESOLUTION ACCEPTING
THE INFRASTRUCTURE OF SONGBIRD ESTATES PARTS 6, 7, and 8 AND
AUTHORIZING THE RELEASE OF THE FUNDS HELD BY THE CITY
PURSUANT TO AN ESCROW AGREEMENT, and made a motion for approval. The
motion was seconded by Councilperson Rarte l s
Ayes :
Bartels, Dils Huedepohl, and Gericke
Nays: None Absent: Peter 'sen
Motion carried.
WHEREUPON, the Mayor declared that the RESOLUTION ACCEPTING THE
INFRASTRUCTURE OF SONGBIRD ESTATES PARTS 6, 7, and 8 AND
AUTHORIZING THE RELEASE OF THE FUNDS HELD BY THE CITY
PURSUANT TO AN ESCROW AGREEMENT, be adopted and signified his approval
of the same by affixing his signature thereto.
PASSED, by the Council on the 9th day of June 2004, and approved by the Mayor on the
9d' day of June 2004.
MAYOR:
Glenn R. Potter
ATTEST:
Ma r B. Reilim1iiXity Clerk
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C:\WINDOWS\Temporary Internet Files\OLK6342\reso accept imprvts 6 7 8 rel of escrow fundsII.doc
Inst printed 6/16/2004 5:10 AM
kd