HomeMy WebLinkAboutA010 - Recorded Contract Rezoning datated August 9, 2022, Instrument No. 2022-08152 Instrument N: 2022-08152
08/15/2022 10:36:41 An Total Pages: 7
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Recording Fee: $ 37.00
Stacie Herridge, Recorder, Story County Iowa
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—SPACE ABOVE RESERVED FOR OFFICIAL USE
Legal description:See a 1.
CPA Return document to: City Clerk 515 Clark Avenue,Ames IA 50010
Document prepared by: Mark O.Lambert,City ofAmes Legal Depar menk 515 Clark Ave.,Ames,IA 50010—515-239-5146
CONTRACT REZONING AGREEMENT FOR ADOPTION OF
THE MASTER PLAN FOR 798 N. 500T1i AVENUE
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THIS AGREEMENT,made and entered into this 9 day of;4y 2022, by and
between the City of Ames, Iowa, (hereinafter "City") and Hunziker Development
Group, LLC, its successors and assigns (hereinafter "Developer"), collectively being
referred to as the "Parties,"
WITNESSETH THAT:
WHEREAS, the Parties hereto desire the improvement and development of real
property (approximately 28.58 acres) in the City of Ames, locally known as 798 N. 5001h
Avenue (hereinafter referred to as the"Site") and legally described as:
Parcel "N" a part of the N 1/3 of the N 1/2 of the SW Fri. 1/4 and of the N 1/3
of the West 1/2 of the NW 1/4 of the SE 1/4 of Section 6, Township 83 North,
Range 24 West of the 51h P.M., Story County, Iowa, as shown on the Plat of
Survey recorded on December 15, 2003, as Instrument No. 03-24892, Slide 191,
Page 1 AND Parcel "P" a part of the N 1/3 of N 1/2 of the SW Fri. 1/4 and of
the N 1/3 of the W 1/2 of the NW 1/4 of the SE 1/4 of section 6, Township 83
North, Range 24 West of the 5'h P.M., Story County, Iowa, as shown on the Plat
of Survey recorded on December 15, 2003, as Instrument No. 03-24892, Slide
191, Page 2; and
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WHEREAS, the City approved the annexation of the property on October 12,
2021, by Resolution No. 21-544, the City Development Board approved the annexation
on February 10, 2022, which was tiled with the Recorder of Story County, on March 11,
2022, as Instrument No. 2022-02259 ; and
WHEREAS, the Site is designated on the Ames Plan 2040 as Residential
Neighborhood 3 (RN-3 Expansion) which has an allowable zoning category of Suburban
Residential Low-Density (FS-RL), and the Developer is seeking rezoning of the Site
from the current zoning of Agricultural (A) to Floating Suburban Residential Low-
Density(FS-RL)with Master Plan; and
WHEREAS, The Developer and The City desire to ensure reasonable conditions
for development of the site per Iowa Code 414.5; and
WHEREAS, the Developer has submitted a Master Plan in conformance with the
requirements set forth in Ames Municipal Code §29.1507(4); and
WHEREAS, Ames Municipal Code §29.1507(5) requires approval of a zoning
agreement when a Master Plan is required and that all development of the Site comply
with the Master Plan; and
WHEREAS, the City desires an extension of an oversized sanitary sewer system
to serve land beyond the site and the City is willing to pay for the oversizing costs, under
certain conditions, with the Developer paying for the base-sized costs of said sanitary
sewer system.
NOW,THEREFORE,the Parties hereto have agreed and do agree as follows:
I.
798 N. 500'AVENUE MASTER PLAN ADOPTED
The Master Plan, which is set forth as Attachment A and incorporated by
reference in this agreement, shall be the Master Plan for the Site. Developer agrees that
all development upon the Site shall be in compliance with the Master Plan on file with
the Department of Planning&Housing. Developer further agrees that:
(a) No more than 65 dwelling units shall be developed and built for occupancy
upon the Site, and all dwelling units on the Site shall be single family
detached homes.
II.
SANITARY SEWER TRUNK MAIN INSTALLATION
In consideration of the rezoning of the Site,Developer further agrees that:
(a) Developer shall, at Developer's sole expense, design an oversized 12"sanitary
sewer system of approximately 3,500 linear feet to City specifications
designed to serve the growth area west of North 500t1 Avenue. Developer
shall submit the sanitary sewer system plans to the City for review and
approval prior to preliminary plat approval.
(b) Upon the City's approval of the oversized sanitary sewer system plans,
engineering cost opinion, and accompanying specification book, the City will
bid said project for construction.
(c) Developer agrees to pay cash in escrow for Developer's proportionate cost of
the total construction and inspection of the base-sized, 8" sanitary sewer at
standard depth and slopes in the amount of$604,725. Payment shall made to
the City of Ames at the time of first Final Plat approval or within 14 days of
the award by the City of a.contract for the sanitary sewer installation project,
whichever event shall occur first. The City shall hold the funds in escrow to
be used to make payments for construction of the sanitary sewer project.
Developer's payment to the City from the cash held in escrow for Developer's
proportionate cost of the sanitary sewer system, shall be due and made from
escrow at such time as the City's contractor for the sanitary sewer installation
project is due payment under the terms of the contract. If the City does not
award a bid for said project by December 2023, the City's obligation to pay
for any oversizing cost of the sanitary sewer shall terminate absent further
agreement between the Developer and the City. Notwithstanding the
foregoing:
(i) If the bids received for the sanitary sewer systems project
would result in the City's cost to oversize the sanitary sewer
line exceeds $1,065,000 the City Council may reject all bids in
its sole discretion.
(ii) Developer agrees that the shared responsibilities for
improvements to the property of any type are limited to those
included within the contract for construction of the oversized
sanitary sewer project. Any other improvements or activities
needed for development of the site are the obligation of the
Developer.
(d) If the sanitary sewer contract is not awarded by the City by December 2023,
the zoning designation for the Site shall remain in place, however:
i. Developer shall grant to the City a 75-foot wide easement along the
approved alignment for the sanitary sewer extension at no cost to the
City.
ii. The City may withhold from Developer any and all permits, including
but not limited to, improvement plans and Final Plat approval until the
extension of a 12" sanitary sewer has been approved by the City.
(e) Developer understands that the City Council may accept an alternative
proposed by Developer to perform offsetting improvements or payments,
rather than contribute to the sanitary sewer extension project. Any alternative
proposed by the Developer shall be subject to approval by the City Council in
its sole discretion.
III.
NON-INCLUSION OF OTHER OBLIGATIONS
The Parties acknowledge and agree that this Agreement is being executed to
fulfill a specific requirement of §29.1507(5) of the Ames Municipal Code. It is also
understood that this Agreement supplements but does not replace or supersede any
agreements made with the City or third parties. The Parties further acknowledge that all
site development standards continue to apply to the Site.
The Parties understand that the Master Plan adopts a general conceptual plan for
development, without review or approval of specific subdivision plats or site plans for
development of the Site. The Parties therefore acknowledge that the Master Plan
adoption does not anticipate or incorporate all the additional approvals or requirements
that may be required to properly and completely develop the Site and does not relieve the
developer of compliance with other provisions of the Ames Municipal Code, the Iowa
Code, SUDAS, or other federal, state or local laws or regulations.
IV.
GENERAL PROVISIONS
A. Modification. The parties agree that this Agreement may be modified,
amended, or supplemented only by written agreement of the parties. In addition, any
modifications or changes to the Master Plan shall be undertaken in accordance with the
process provided for in Ames Municipal Code §29.1507(5).
B. Incormoration of Recitals and Exhibits. The recitals,together with any and
all exhibits attached hereto, are confirmed by the parties as true and incorporated herein
by reference as if fully set forth verbatim. The recitals and exhibits are a substantive
contractual part of this Agreement.
C. Prior Agreements Binding. The terms of all prior Agreements affecting
this Property in which the City is a party, including any pre-annexation agreements, are
hereby reaffirmed in their entirety.
D. Noninclusion of Other Improvement Obligations. The Parties
acknowledge and agree that it is not possible to anticipate all the infrastructure and Code
requirements that the Developer may be required to complete or comply with to properly
develop the Site. Therefore, the Parties agree that all work done by and on behalf of the
Developer with respect to other improvements, including but not limited to, building
design, building construction, and utilities, both on-site and off-site, shall be made in
compliance with the Iowa Code, SUDAS, and all other federal, state, and local laws and
policies of general application, including but not limited to building and zoning codes,
whether or not such requirements are specifically stated in this Agreement.
V.
COVENANT WITH THE LAND
This Agreement shall be filed for record in the office of the Story County Recorder and
all covenants, agreements, promises, and representations herein stated shall be deemed to
be covenants running with the Site and shall endure and be binding on the parties hereto,
their mortgagees, lienholders, successors and assigns, for a period of twenty-one (21)
years from the date of the recording of these covenants, unless claims to continue any
interest in the covenants are filed as provided by law. The City shall have the right to file
a claim to continue its interest in these covenants. Invalidation of any of these covenants
by judgment or court order shall in no way affect any of the other provisions, which shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed effective as of the date first above written.
( S i g n a t u r e s o n f o l l o w i n g p a g e )
Dated this day of July 2022.
HUNZIKER DEVELOPMENT GROUP,LLC
By:
Justin b6dge,Aanager
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on a ,2022,by Justin
Dodge,as Manager of Hunziker Development Group,LLC.
NOTARY PIUBLIC
MARCIA KRAUSE
4L :commwslon►�h rnbw WX)20
Mr CommNsion Expi�.s
Passed and approved onAUOLAS- 2022, by Resolution No. 22- J
adopted by the City Council of the City of Ames, Iowa.
CITY OF AMES,IOWA
By:
John aila, Mayor
Attest:
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Renee 11,4Cityyrk
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on 2022, by John A.
spective y,of the City of Am
Haila and Renee Hall, as Mayor and City Clerk,rees, Iowa.
AMY L. COLWELL
i L Comrr"w Numberer$1r2136MY I�
NOTAIJUBLIC
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