HomeMy Public PortalAboutResolutions-2014-058Resolution No. 2014-058
A RESOLUTION AUTHORIZING THE ENTERING INTO AN AGREEMENT WITH
PRAIRIE TRAIL WEST OF TIFFIN, IOWA FOR A DEVELOPER'S AGREEMENT
WHEREAS, Jim Glasgow, has filed with the City of Tiffin a preliminary plat for Prairie Trail
West, a sub -division to the City of Tiffin, Iowa , legally described on attached Exhibit "A", hereby
incorporated.
WHEREAS, Resolution 2014-058 was approved by City Council on May 14, 2014, approving
the preliminary plat for said development.
WHEREAS, the Developers Agreement will include any and all particulars to the approved
preliminary plat for Prairie Trail West.
BE IT NOW RESOLVED, the Attorneys representing Jim Glasgow and 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 Developer's Agreement and do now approve the
Agreement as printed and authorize the Mayor and City Administrator/Clerk to enter into an
agreement with Prairie Trail West to fully execute the revised document.
Motion made by Ryan and seconded by Petersen to approve Resolution 2014-058.
AYES: Kahler, Ryan, Petersen, Bartels, Upton
NAY: None
ABSENT: None
Whereupon five votes having voted Aye, Mayor Berner declared the Resolution 2014-058 A
RESOLUTION AUTHORIZING THE ENTERING INTO AN AGREEMENT WITH PRAIRIE
TRAIL WEST OF TIFFIN, IOWA FOR A DEVELOPER'S AGREEMENT be adopted and
signified his approval of the same by affixing his signature thereto.
PASSED AND APPROVED THIS 14th
SIGNED
Attest:
Micho c n, City Administrator/Clerk
DAY OF MAY 2013
Steven L. Berner, Mayor
Prepared by: James D. Houghton, 216 Stevens Drive, P.O. Box 1147, Iowa City, Iowa, 52244 _ (319) 341-0641
Return to: James D. Houghton, 216 Stevens Drive, P.O. Box 1147, Iowa City, Iowa, 52244 (319) 341-0641
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made by and between the City of Tiffin, Iowa, a municipal
corporation, hereinafter referred to as "City," and Prairie West Development Company, hereinafter
referred to as "Developer."
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 West
Addition Part Two (referred to herein as the "plat") for the following described real estate situated in
Tiffin, Johnson County, Iowa, to wit:
Lots 11, 61 and 62 of Prairie West Addition, Tiffin, Johnson County, Iowa, in
accordance with the Plat thereof, containing 3.71 acres, and subject to easements and
restrictions of record.
As part of this request, Developer acknowledges full ownership of the real estate
described above, subject to a Memorandum of Real Estate Contract wherein James P.
Glasgow is Seller and Prairie West Development Company is Buyer, recorded July 1,
2013, in Book 5118, Page 763-765, Records of Johnson County, Iowa. James P.
Glasgow, as Contract Seller, has executed a Consent and Dedication of Contract Holder,
which Consent is attached hereto as Exhibit `-`A."
SECTION 2. CONDITIONS OF PLAT APPROVAL AND RIGHT TO PROCEED
A. The City shall approve the preliminary plat of this subdivision upon the
conditions that:
The final plat will conform to the preliminary plat;
2. The construction plans will be submitted and approved;
3. The public improvements will be constructed in accordance with 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 8 of this Agreement; and
4. The Developer enters into and abides by this Agreement. r
B. The Developer further agrees that this Agreement shall be a covenant running
with the land and shall be binding on the present and future owners of the property.
C. The Developer may not grade or, otherwise disturb the earth, remove trees,
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:
1. This Agreement has been fully executed by both parties, filed with the
City Clerk, and approved by the City Council;
2. The Developer has complied with the pre -construction erosion control and
grading provisions set forth in Section 5 of this agreement; and
3'. All permits required by local, state, and federal law have bleen applied for
and issued by the appropriate authority.
SECTION 3. DEVELOPMENT REQUIREMENTS AND PUBLIC IMPROVEMENTS
A. Development Standards. The subdivision shall be developed according to the
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.
B. Public Improvement Standards. All improvements and facilities described in .this
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
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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:
1. All streets shown on the plat will be constructed of concrete paving with
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.
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2. The Developer shall provide for the installation of all electric lines, street
lights, gas mains, telephone lines and other utility facilities that are necessary at the
Developer's sole cost. Developer further agrees that all utilities shall be installed
underground.
3. Any decorative street lighting shall be approved by the City and installed at
the Developer's sole cost.
4. At such time as building construction occurs on a lot, but in no event later
than five (5) years from the date the subdivision plat is recorded, 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.
5. The Developer shall submit to the City, for approval by the City Engineer,
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, if required by the City for this
development, shall be in compliance with the City's current storm water management
ordinances and policies.
6. The Developer shall provide water, sewer, utility and drainage easements
as shown on the approved final plat.
7. Any wells shall be abandoned in accordance with applicable local, state and
federal laws and regulations.
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8. The Developer shall meet the requirements laid out in Section 4.08 of the
Tiffin Subdivision Ordinance regarding Neighborhood Open Space Requirements to ensure
there is adequate usable neighborhood open space, parks and recreation facilities are
provided in a manner that is consistent with the neighborhood open space plan.
D. Additional Requirements. Further, the Developer agrees that: N/A
E. ' Developer's Obligations. Nothing in this Agreement shall be construed to impose a
requirement on the City to install the original public improvements at issue herein, nor shall the
Developer be deemed to be acting as the City's agent during the original construction and
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.
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 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
A. Erosion Control. Before any utility construction is commenced or building 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 Developer's and City's
rights or obligations hereunder.
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B. Grading. No grading of any nature may occur on this property until a grading plan
is implemented by the Developer and approved by the City. Within ninety (90) days after the
completion of any grading, the Developer shall provide the City with an "as -constructed" 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. PHASED DEVELOPMENT
If the plat is a phase of a multi -phased preliminary plat, the City may refuse to approve final
plats of subsequent phases if the Developer has breached this Agreement and the breach has not
been remedied. Development of subsequent phases will not be allowed to proceed until Developer's
Agreements for such phases are approved by the City.
SECTION 7. MISCELLANEOUS
A. The Developer represents and states that the plat complies with all City, state and
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 appropriate law or
regulation. Upon the City's demand, the Developer shall cease work until there is compliance.
B. Third parties shall have no recourse against the City under this Agreement.
C. Breach of the terms of this Agreement by the Developer shall be grounds for denial
of building permits, occupancy permits or other permits.
D. If any portion, section, subsection, sentence, clause, paragraph or phrase of this
Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining
portion of this Agreement.
E. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this Agreement. To be binding, amendments or waivers must be in writing, signed by
both parties and approved by written resolution of the City Council. The City's failure to promptly
take legal action to enforce this Agreement shall not be a waiver or a release.
F. The Developer may not assign this Agreement or the obligations imposed by this
Agreement without the written permission of the City Council or as otherwise provided in this
Agreement.
G. The Developer's obligations under this Agreement shall continue in full force and
effect even if the Developer sells a portion of the subdivision, the entire platted area, or any part
thereof.
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H. No building permits will be issued until all public improvements have been
constructed in accordance with applicable standards and formally accepted by the City. No
occupancy permits will be issued until all public improvements have been constructed in
accordance with applicable standards and formally accepted by the City.
I.. The Developer shall take out and maintain a public liability and property damage
insurance policy covering personal injury, including death, and claims for property damage which
may arise out of the Developer's work or the work of its subcontractors or by one directly or
indirectly employed by any of them.
J. The Developer shall record any restrictive or protective covenants for the
subdivision. A copy of the recorded restrictive or protective covenants will be provided to the
City.
K. The Developer shall record the original copy of this agreement, with all requisite
signatures, at the time the other final plat documents are recorded as required by law.
L. The Developer, its grantees, successors and assigns, agree that public services,
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.
M. Plat notes and surveyor's notes on plats serve to provide notice of how a
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.
N. Pursuant to Section 5.13 of the Tiffin Subdivision Ordinance, the Developer shall,
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.
SECTION 8. PUBLIC IMPROVEMENTS AND ASSESSMENT WAIVER
A. If all the public improvements and facilities 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
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surety bond with the City in the amount equal to the estimated costs of the public improvements and
facilities in accordance with Section 5.12 of the Tiffin Subdivision Ordinance.
B. Developer agrees to provide to the City, as per Section 3.05 of the Tiffin Subdivision
Ordinance, proper maintenance bonds satisfactory to the City, so as to insure that for a period of ten
(10) 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.
C. In the event the Developer, its assigns or successors in interest, should sell or 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.
D. The Developer acknowledges and agrees that all lots of the subdivision are
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 9. 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 engineering administration, which will include
review of the Developer's final construction plans and specifications, monitoring of 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
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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 10. 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 issue
appropriate releases of various lots of the subdivision for recording in the Johnson .County
Recorder's Office so that this Agreement, or applicable portions thereof, will no longer constitute a
cloud on the title of the lots in said subdivision.
SECTION 11. DEVELOPER'S OBLIGATION AND DEFAULT
A. The Developer agrees and is fully obligated to perform as provided in this
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.
B. In the event of default by the Developer regarding any work to be performed by 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 12. AUTHORIZATION TO ENTER PREMISES
Developer grants the City, its agents, employees, officers and contractors, authorization to
enter the subdivisiori area to perform all work and inspections deemed appropriate and necessary by
the City in conjunction with this development.
SECTION 13. 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 14. TIME OF PERFORMANCE`
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Developer shall install all required public improvements within two (2) years from the date
of 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. Developer may, however, 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.
SECTION 15. 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:
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
201 Main St., P.O Box 259
Tiffin, IA 52340
Notices mailed in conformance with this
ion shall_be, deemed properly given.
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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. A
DATED this A�ay of , 2014
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CITY OF TIFFIN, IOWA PRS
By: e J By:
Steve Berner, Mayor
ATTES :
oKA(cho`n c , City Clerk
STATE OF IOWA, JOHNSON COUNTY ) ss:
WEST DEVELOPMENT COMPANY
P. Glasgow, President and
On this � day of , 2014, before me, the undersigned, a Notary
Public in and for the State of a, personally appeared Steve Berner and Michon Jackson, to me
personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Tiffin, Iowa, a municipal corporation; that the seal affixed to .the
foregoing instrument is the corporate seal of the municipal corporation; and that the instrument was
signed and sealed on -behalf of the municipal corporation by the authority of its City Council, as
contained in Resolution No. o20/4/-0,59 of the City Council on the ji► day of
`m , 2014; and that Steve Berner and Michon Jackson acknowledged the
execution of Phe instrument to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it and by them voluntarily executed.
Notary Public in and forO State of Iowa
STATE OF IOWA, JOHNSON COUNTY ) ss:
-1
This instrument was acknowledged before me on this day of ,
2014 by James P. Glasgow as President and Secretary of Prairie West Develo ent Company.
FfwTERESALLINS
MMISSION NUMBER 780127Notary Public in an or the State of Iowa
COMMISSION EXPIRES
September 3, 2016
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EXHIBIT "A"
Prepared by: James D. Hougfitori, 216 Stevens Drivc; P.O. Boz 1147, Iowa City, Iowa, 52244 — (319) 341=0641-
Return to. James D. Houghton, 216 Stevens Drive, P.O. Box 1147, Iowa City, Iowa; 52244 - (319) 341-0641
CONSENT AND DEDICATION
OF'
CONTRACT HOLDER
The undersigned, James P. Glasgow, as holder of a Real Estate Contract pursuant to a
Memorandum of Real Estate recorded July 1, 2013, in Book 5118, Page 763-765, Records of
Johnson County, Iowa, hereby consents to and joins in the dedication of the Preliminary and
Pinal Plat of the subdivision known as Prairie West Addition; Tiffin, Iowa, and the Developer's
Agreement. Said subdivision is described. as follows:
Auditor's' Parcel 2003144, in accordance with the plat recorded in plat
book 46 at page 305 of the records of the Johnson County Recorder's
office, lying within the northeast quarter of the southeast quarter and the
southeast quarter -of the southeast quarter both of section 29, township 80
north, range 7 west; of the fifth principal meridian, Tiffin, Johnson County,
Iowa. Said auditor's parcel 2003144 contains 54.90 acres, and is subject to
easements and restrictions of record.
Dated this day of ; 2013.
By:
amen . Glasgow TERESA J COLLINS
COMMISSION NUMBER 780121
STATE OP IOWA ) MY COMMISSION EXPIRES
SS OWP September 3, 2016
JOHNSON COUNTY
This instrument was acknowledged before me on , 201py
James.P.°:Glasgow, a single' person.
, J�
Notary Public in and 61 the State of Iowa I
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