HomeMy WebLinkAbout~Master - Amendment to developer's agreement for Northridge Heights, 12th Addition RESOLUTION NO.09-121
RESOLUTION APPROVING AMENDMENT TO DEVELOPER'S AGREEMENT
FOR NORTHRIDGE HEIGHTS, I2T"ADDITION
FOR THE CITY OF AMES
WHEREAS, the Council received a request from Uthe Development Company, LLC, to amend the
developer's agreement regarding occupancy requirements for Northridge Heights Subdivision, 12'Addition,to
allow for the opening of a new grocery store and car wash; and,
WHEREAS, the original agreement was approved in November 2000, and in this agreement, the
developer is required to construct two street lanes on the north side of Bloomington Road from the east line of
the Union Pacific Railroad tracks to George Washington Carver no later than one year after the construction of
375 dwelling units in the subdivision; and,
WHEREAS, after the subdivision was rezoned to allow commercial uses, a new agreement had to be
finalized for new guidance as to how off-site improvements,including the widening of Bloomington Road,would
be handled; and,
WHEREAS, in June 2008, an agreement for public improvements was approved by the City Council
allowing the City to withhold occupancy permits for any improvements made within Northridge Heights, 12'
Addition,until the off-site improvements specified in the November 2000 agreement were completed; and,
WHEREAS,commitments made by developers through contracts with the City are secured with bonds
or letters of credit,and in this case,the developer is required to provide financial security prior to the completion
of the public improvements required of them in the original agreement, except for the work that would occur
within the Union Pacific Railroad(UPRR)crossing; and,
WHEREAS,timing of the railroad crossing work will be determined by the UPRR,and according to its
rules,only its employees can do work to establish or extend a grade crossing; and,
WHEREAS,because the City did not have a solid estimate for the cost of the work from the UPRR and
the City was concerned that the subdivision might be built out all at once, causing the immediate need for
widening Bloomington Road, the authority to withhold occupancy permits was selected as the method for
securing the promise to widen the railroad crossing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, that the
amendment to the Agreement for Public Improvements dated June 23, 2008, to exclude Lots 2 and 4 of the
Northridge Heights Subdivision, 12"Addition,from the requirement that occupancy not be allowed until the off-
site improvements have been completed is hereby approved.
ADOPTED THIS 24'day of March,2009.
Diane R. Voss, City Clerk Ann H. Campbell, Mayor
Introduced by: Mahayni
Seconded by: Goodman
Voting aye: Goodman,Mahayni,Popken,Rice
Voting nay: None Absent: Doll,Larson
Resolution declared adopted and signed by the Mayor this 24'day of March,2009.