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Home My Public Portal AboutResolutions-2004-45CITY 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, theCity of,Tiffm 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 expiredJanuary 12, 2004, and e k... WHEREAS, at the expiration of the above Agreement, the City and the. Developer agreed; .in writing by virtues 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; i 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 Decembef 4, 2003 letter, in lieu of the City's right to draw upon the Irrevocable Letter of Credit; and r 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 kecorder' 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;- storms sewers;,`, and kwater' main;, 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 6f 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-rA'emitter, "Songbird Estates",, less outstanding Page 1 on 2 , 4 y►.. rw r C:\WINDOWS\Temporary Internet Files\OL�..K6342\reso accept iin ruts 6 7 S rel `of escrow fundsII.doc Last printed 6/16/2004 5:10 AM kd a 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 Bartels 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 9"' day of June 2004. MAYOR: Ui— Z I Glenn R. Potter ATTEST: �.., rhti _ Ma area . Reihman y Clerk ya r . .r Page 2 of 2 C:\WINDOWs\Temporary Internet Files\01K6342\reso accept imprvts 6 7 H rel of escrow fundsII.doc Inst printed 6/16/2004 5:10 AM kd 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 BY47THE'CITY"PURSUANT 'TO AN�ESCROW AGREEMENT BETWEEN THE 'CITY. rAND,THE DOWNER/DEVELOPER -OF SONGBIRD ESTATES, PARTS 6,_7, AND 8, TIFFIN4A, 4 WHEREAS, the City of Tiffin and the Owner/Deiveloper of Songbird Estates entered into an Irrevocable Standby Letter=of Creditrecorded iri 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 Ii, 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 Page 1 of 2 CAWINDOWs\Ternporary Internet Files\OLK6342\reso accept imprvts 6 7 8 rel of escrow fundsII.doc Last printed 6/16/2004 5:10 AM ld - 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 Bart -t-1 s Ayes : Bartels, Dils Huedepohl, and Gericke Nays: None Absent: —Peter":' -sen Motion carried. d I 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 9"' day of June 2004. MAYOR: Glenn R. Potter Page 2 of 2 C:\WINDOWS\Temporary Internet Files\OLK6342\reso accept imprvts 6 7 8 rel of escrow fundsILdoc Last printed 6/16/2004 5:10 AM kd