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Home My Public Portal AboutResolutions-2014-152-1, 91 i IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Prepared by: Michon Jackson, City of Tiffin, P.O. Box 259, Tiffin, Iowa 52340Doc ID: 025712110006 Type: GEN Kind: MISCELLANEOUS Return to: Michon Jackson, City of Tiffin, P.O. Box 259, Tiffin, Iowa 52340 Recorded: 12/08/2014 at 01:45:54 PM Fee Amt: $32.00 Paged of 6 Johnson County Iowa ;Kim Painter County Recorder CERTIFICATION OF CITY CLERK�BK5311 PGq.$-53 STATE OF IOWA ) COUNTY OF JOHNSON )ss. I, Michon Jackson,, City Administrator/Clerk of the City of Tiffin, Iowa, do hereby certify that the Resolution 2014-152 attached hereto are true and correct copies of the Resolution 2014- 152 A RESOLUTION AUTHORIZING THE ENTERING INTO AN AGREEMENT WITH PRAIRIE WEST -PART ONE TO TIFFIN, IOWA, which was passed by the City Council of Tiffin, Iowa, at a Regular City Council meeting held on the 12`h day of November, 2014, all as the same appears of record in my office. Attached is the Resolution 2014-152 request. Attested to by my signature at Tiffin, Iowa, this 2nd day of December, 2014. Seal Michoo Jacksgh, City Administrator/Clerk CORPORATE SEAL STATE OF IOWA ) COUNTY OF JOHNSON )ss. On this 2"d day of December, 2014, before me, a Notary Public in and for the State of Iowa, personally appeared Michon Jackson, to me personally known, and who, being by me duly sworn, did say that she is the City Administrator/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 Resolutions 2014-152 adopted by the city council, authorizing the entering into an agreement with Prairie West -Part One, a Subdivision of Tiffin, Iowa, Johnson County, Iowa and that Michon Jackson 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. 49 ASHLEY A AY " Cwwftslon Number MOO 0oini IUM Expires lNotarLyPu�bk�a��ate a Jul 14 2017 Resolution .No. 2014-152 A RESOLUTION AUTHORIZING THE ENTERING INTO AN AGREEMENT WITH PRAIRIE WEST -PART ONE OF TIFFIN, IOWA FOR A SUPPLEMENTAL DEVELOPER'S AGREEMENT WHEREAS, Jim Glasgow, has filed with the City of Tiffin a preliminary plat for Prairie West - Part One, a sub -division to the City of Tiffin, Iowa , legally described on attached Exhibit "A", hereby incorporated. WHEREAS, Resolution 2013.-170 was approved by City Council on September 25,2013, approving the preliminary plat for said development. WHEREAS, the Developers Agreement will include any and all particulars to the approved preliminary plat for Prairie West -Part One. BE IT NOW RESOLVED, the Attorneys representing Prairie West -Part One 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 West -Part One to fully execute the revised document. Motion made by Kahler and seconded by Petersen to approve Resolution 2014-152. AYES: Upton, Bartels, Petersen, Ryan, Kahler NAY: P 1_16* 21i•lrl Whereupon five votes having voted Aye, Mayor Berner declared the Resolution 2013-152 A RESOLUTION AUTHORIZING THE ENTERING INTO AN AGREEMENT WITH PRAIRIE WEST -PART ONE OF TIFFIN, IOWA FOR A DEVELOPER'S AGREEMENT be adopted and signified his approval of the same by, affixing his signature thereto. ti PASSED AND APPROVED THIS 12th DAY OF NOVEMBER 2014 00, SIGNED: Steven L. Berner, Mayor Attest-. Mico k2>111K City Administrator/Clerk Prepared by and after Recording return to: James D. Houghton, 216 Stevens Drive, P.O. Box 1147, Iowa City, Iowa, 52244 — (319) 341-0641 SUPPLEMENTAL DEVELOPER'S AGREEMENT PRAIRIE WEST ADDITION 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" and "Owner." The parties state the following: The parties entered into a Developer's Agreement on and recorded in Book 5 3 t 1 Page I in the Office of the Johnson County Recorder. The parties now agree as follows: a. Developer shall create a homeowners association for the entire" subdivision. Every condominium owner, zero lot line owner, and lot owner of property in the subdivision will be a member of the Homeowners Association. The Homeowners Association will be a homeowners association that is separate and distinct from the Condominium Owners Association for Lot 63 Prairie West Addition. The Homeowners Association shall have the sole responsibility of maintaining the siorm water detention basin located on Lot 63. The City shall have no obligation for the maintenance of said storm water detention basin. If the Homeowners Association fails to maintain the storm water detention basin', the City may assess each condominium owner, zero lot line owner, and lot owner in the subdivision equally for any maintenance costs in the same manner as property taxes and without further notice. b. Developer further agrees that the following described property will be included in any maintenance bond the Developer procures in order' to comply with the Developer's Agreement and City of Tiffin Ordinances: A PORTION OF' AUDITOR PARCEL 2002077, TO TIFFIN, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 44 AT PAGE 327 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, as shown on the Plat recorded in Book 58, Page 254, Records of the Recorder of Johnson County, Iowa. Developer shall install sidewalks on the auditor's parcel listed above, in accordance with the plans and specifications of the City, and subject' to inspections by the City Engineer or designate. This duty to install sidewalks shall be'a lien on Lot 6 of the subdivision until released by the City. d. All other provisions of the prior agreement not altered by this Supplemental Agreement remain in full force and effect. 2. In all other respects and except has specifically altered by this document, the original Developer's Agreement described above remains in full force and effect except' to the extent that the parties have performed'the obligations therein. 3. This Agreement is be a covenant running with the land and inure to the benefit of and be binding upon the parties, their successors and assigns. A Consent of Contract is attached as Exhibit A. DATED this A I -t" day of November, 2014. CITY OF TIFFIN, IOWA By: Steve Berner, Mayo l ATTEST: Mic on Ja on, City Clerk PRAIRIE WEST DEVELOPMENT COMPANY �MlBy: � • � ��-J s P. Glasgow, President Ad Secretary CORPORATE SEAL STATE OF IOWA, JOHNSON COUNTY ) ss: On this I � day of pal o Ve rr► -be r , •2014, before me, the undersigned, a Notary Public in and for the State of Iowa, 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. Z D 1 t} —15 a of the City Council on the lx� day of Ko Vernber^ , 2014; and that Steve Berner and Michon Jackson acknowledged the execution of the instrument to be their voluntary act and deed and the volunn act and deed of the corporation, by it and by them voluntarily executed. 111\J JAMES D HOUGHTON N bl c for the State of Iowa o Commission Number 120562 My Commission Expires May 7, 2017 STATE OF IOWA, JOHNSON COUNTY ) ss: This instrument was acknowledged before me on this 14d' day of ovember, 2014 by James P. Glasgow, as President and Secretary of Prairie Wit Development Chmpj�ny. the State of Iowa �agu►t� JAMES D HOUGHTON c Commission Number 120562 Z My Commission Expires rover Ma 7, 2017 EXHIBIT "A" Prepared by and after Recording return to: James D. Houghton, 216 Stevens Drive; P.O. Box 1147, Iowa City, Iowa, 52244 — (319) 341-0641 CONSENT OF CONTRACT HOLDER The undersigned, James P. Glasgow, as holder of a Real Estate Contract pursuant to a Memorandum of Real Estate Contract recorded July 1, 2013, in Book 5118, Page 763-765, Records of Johnson County, Iowa, hereby consents to this Supplemental Developer's Agreement of Prairie West Addition. Dated this 14th day of November, 2014. By: J m P. Glasgow STATE OF IOWA ) SS JOHNSON COUNTY ) This record was acknowledged before me on this 1 day of ember, 2014 -by James P. Glasgow, a single person. „�� f the State of Iowa, a�` m JAMES 0 HOUGHTON Commission Number 120562 Z My Commission Expires rover Ma 7, 2017..