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HomeMy WebLinkAbout~Master - Developer's Agreement for Grand Aspen Subdivision, 3rd Addition RESOLUTION NO.09-225 RESOLUTION APPROVING DEVELOPER'S AGREEMENT FOR GRAND ASPEN SUBDIVISION,3RD ADDITION FOR THE CITY OF AMES WHEREAS,in December 2003,the City Council approved a preliminary plat creating three outlots in the Grand Aspen Subdivision that are unbuildable lots,and in order to assure that the necessary public improvements were installed in an appropriate time and manner,a Developer's Agreement was executed with the City;and, WHEREAS,the agreement,among other obligations,specifies that the developer will take action regarding issues related to the Grand Avenue extension and South 16'Street and bike path; and, WHEREAS, after reviewing the agreement in preparation for the platting of Outlot A into two lots, it was determined that two recent events make it advisable that the obligations under the existing Developer's Agreement be revised; and, WHEREAS,it appears that the land transfer arrangement in the current agreement would negate the use of federal funding(which is the City's strategy to use a substantial infusion of federal monies); and, WHEREAS,the City no longer wants to reimburse the developer for extra pavement thickness as contemplated in the current agreement;and, WHEREAS,in order to facilitate platting of the previously named Outlot A into two lots,responsibilities were revised so that state law requirements are met, the City will be able to receive federal funding for the Grand Avenue extension project,and modifications will be a cost neutral obligation to the City and the developer; and, WHEREAS,to accomplish these objectives,the proposed agreement will now require the developer to take the following actions: install a bike path along South 16`h Street adjacent to Outlot B and Lot 1 of the Grand Aspen Subdivision,3rd Addition,and Lot 1 of the Grand Aspen Subdivision prior to final plat approval;install a bike path adjacent to Greenbriar Park within one year of the completion of the park renovation;construct a street lane along South 16'Street adjacent to Lot 1 of Grand Aspen Subdivision,3'Addition,prior to final plat approval;construct a street lane along South 16`h Street that completes the connection to the previously completed improvements at the time the Council approves funding for the Grand Avenue extension project or either Outlot B of the Grand Aspen Subdivision,3'Addition,or Outlot B of Aspen Ridge Subdivision is subdivided;pave the existing railroad right-of-way trail 2,525 feet from South 16`h Street to the intersection of the future Grand Avenue right-of-way at the time the City Council approves funding for the Grand Avenue extension project(or,if the developer so requests,the City will complete the work with reimbursement from the developer);and,reimburse the City for constructing a bike path along Grand Avenue extension from its intersection with the former railroad right-of-way to its intersection with South 16`h Street. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Ames,Iowa,that the Developer's Agreement for Grand Aspen Subdivision,3'Addition,is hereby approved as attached hereto and made a part hereof by this reference. ADOPTED THIS 26'day of May,2009. C�zu�?. LX&& A. -(/. Diane R. Voss, City Clerk Ann H. Campbell, Mayor Introduced by: Rice Seconded by: Mahayni Voting aye: Doll,Goodman,Larson,Mahayni,Popken,Rice Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 26'day of May,2009.