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Home My WebLink AboutA024 - Agreement Pertaining to Subdivision Platting and Development of Land AN AGREEMENT PERTAINING TO THE SUBDIVISION PLATTING AND DEVELOPMENT OF LAND IN THE CITY OF AMES CALLED BLOOMINGTON HEIGHTS WEST THIS AGREEMENT,made and entered into this loth day of September ,2002,by and between the CITY OF AMES,IOWA(hereinafter called"City");and AMES LAND COMPANY,L.L.C., its successors and assigns(hereinafter called"Developer"). WITNESSETH THAT : WHEREAS,the parties hereto desire the improvement and development of an area legally described as set out on Appendix A, hereinafter called the"Site"; and, WHEREAS, Developer has applied to the City for platting of subdivisions of the Site; and, WHEREAS,an agreement between the Developer and the City with respect to public improvements is required by the City as a condition to approval of subdivision plats pursuant to Section 354.8,Code of Iowa, and Section 23.304 of the Municipal Code of the City, NOW,THEREFORE, the parties hereto have agreed and do agree as follows: I PURPOSE A. It is the purpose of this Agreement to: 1. Document,record,and give notice of,a certain plan of development,and the public and private measures and undertakings essential to the implementation of that plan of development, for the Site. 2. Provide remedies to the City in the event the said plan of development is not adhered to or achieved by the Developer. B. This Agreement does not create or vest in any person or organization other than the City any rights or cause of action with respect to any performance,obligation,plan,schedule or undertaking stated in 1 11 y this Agreement with respect to the Developer. This Agreement does not prevent the City from amending, modifying,or releasing the Developer from some or all of the provisions of this Agreement. No person shall have any cause of action or recourse against the City or Developer by reason of any such amendment, modification or release. II CITY REMEDIES A. The City shall not issue a building permit,zoning permit,or any other permit of the City with respect to any excavation, construction, reconstruction or remodeling on the Site unless said work is undertaken in accordance with the provisions of this Agreement. B. The City shall not approve any final plat of any Phase of Development shown on Appendix A unless said plat is in accordance with and meets the provisions and conditions of this Agreement. C. If Developer proceeds with any excavations or construction work not in accordance with this Agreement,or an amendment to this Agreement,the City may repeal or change the zoning designations of the Site as the City deems appropriate, and Developer shall have no cause of action against the City for or by reason of such repeal or change in zoning regulations, whether in law or in equity, for either monetary or injunctive relief. D. All ordinances, regulations and policies of the City now existing or as may hereafter be enacted shall apply to activity on the Site. III PLATTING PROCESS The Developer shall undertake the official platting of subdivisions of the Site, pursuant to the procedures established by the statutes of the State of Iowa and the ordinances of the City. The Developer shall apply to the City for approval of official plats of subdivisions of the Site in a phased sequence for portions of the Site as shown on Appendix A. As the application for approval of each such Phase of Development is 2 P�1 19 reviewed by the City,the City shall establish specific requirements for improvements of that portion of the Site, and require a performance bond or other security for the performance of improvements by the Developer. The requirements for improvements relative to the approval of any official plat for a Phase of Development of the Site may reiterate the provisions of this Agreement; and, may state additional improvements specific to the needs of a particular Phase of Development. IV IMPROVEMENTS A. Streets and Street Improvements. 1. The Developer shall,with respect to all streets as shown on Appendix A,convey fee title for the street land to the City at no charge or cost to the City, said conveyance to occur at the time of subdivision platting of the Phase of Development in which such street is included, or on which such street abuts, unless another time for conveyance of such street land is herein specified. 2. The Developer shall,with respect to all streets as shown on Appendix A,construct all street improvements and street appurtenances in accordance with the requirements and specifications of the City,at no cost or charge to the City. That work shall be completed in accordance with the schedule set by the City at the time of approval of the final plat for the Phase of Development in which the street improvement is included or on which such street improvement abuts, unless another time for construction of such improvements is herein specified. 3. The Developer shall,at its sole expense,and at no cost or charge to the City,construct two CyRide bus stop pads as specified by the City on Harrison Road. Those bus stopads shall be done and P completed to the satisfaction of the City in accordance with the schedule set by the City at the time of approval by the City of the final plat of the Phase of Development for the land abutting on the location of those CyRide bus stop pads. 3 p 1 � I 4. The Developer shall,at its sole expense,and at no cost or charge to the City,construct eight-foot wide bike path improvements as specified by the City along the north side of Harrison Road,those bike path improvements to be constructed as shown on Appendix A in accordance with the schedule set by the City at the time of approval by the City of the final plat of the land abutting the bike path. B. Water Main Improvements. 1. The Developer shall grant to the City,without charge,easements in a form acceptable to the City for installation of water mains on the Site as shown on Appendix A. 2. Developer shall install all water mains as specified for the Site by the City,at the sole cost and expense of the Developer,including all costs associated with water mains having a diameter greater than eight inches, at no cost or charge to the City. C. Sanitary Sewer Improvements. 1. The Developer shall grant to the City,without charge,easements in a form acceptable to the City for installation of sanitary sewers on the Site as shown on Appendix A. 2. Developer shall install all sanitary sewer mains as specified for the Site by the City,at the sole cost and expense of the Developer,including all costs associated with sanitary sewer mains having a diameter greater than eight inches,at no cost or charge to the City. D. Storm Sewers and Storm Water Management. 1. The Developer shall grant to the City,without charge,easements in a form acceptable to the City for installation of storm sewers and storm water detention basins on the Site as shown on Appendix A. 2. Developer shall install and construct all storm sewers,storm sewer appurtenances,and storm water detention basins, as specified for the Site by the City, at the sole cost and expense of the Developer,and at no cost or charge to the City, for the purpose of managing both the quantity and quality of storm water discharge. 3. The Developer shall pay to the City,prior to approval of any final plat of subdivision 4 P�. A 0 with respect to the Site, the sum of$12,892.00 to reimburse the City for the cost of increasing the total wet volume of treatment facility SP-42,on City property,for secondary treatment of the quality of the storm water runoff from the Site. V DRIVEWAY RESTRICTION The driveways that pertain to corner lots that abut on Hyde Avenue,and the driveways that pertain to corner lots that abut on Harrison road,are hereby restricted to a location on the residential street fronting on the lot and shall not be located on Hyde Avenue or Harrison Road. This driveway restriction shall be noted and shown on the final plat of the pertinent phase of platting for the Site. VI COVENANT WITH THE LAND This Agreement shall run with the Site and shall be binding upon the Developer, its successors and assigns. However, this Agreement shall not be binding with respect to any officially platted lot for which a City building permit has been issued. Each party hereto agrees to cooperate with the other in executing a Memorandum of Agreement that may be recorded in place of this document. IN WITNESS WHEREOF,the parties hereto have caused this instrument to be executed effective as of the date first above written. 5 CITY OF AMES, IOWA AMES LAND COMPANY, L.L.C. B John are, Secretary 1,�5�!+l �r g�,`��r to f�ik•�t.ns.r��'^�",N v,v$RX•_ 4 r� a„�1 \lad' V,.v-"�-<L t° , $Tt�`I OF�TWAn;Srl07tG t}NTY ss: On this day of�,2002,before me,a Notary Public in and for the State of Iowa,personally appeared Ted Tedesco and Diane R.Voss,to me personally known,and,who,being by me duly sworn,did say that they are the Mayor and City Clerk,respectively,of the City of Ames,Iowa;that the seal affixed to the foregoing instrument is the corporate seal of the corporation,and that the instrument was signed and sealed on behalf of the corporation,by authority of its City Council,as contained in Resolution No."�6?-H$9 adopted by the City Council on them�ay of t tfGJ 20CR,and that Ted Tedesco and Diane R.Voss acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation,by it voluntarily executed. FOAL JILL L. RIPPERGER / COMMISSION#146549 �11G * MY COMMISSION EXPIRES Notary Public in and 4fr�toryunty, wa IOWA 3-1'2 STATE OF IOWA,POLK COUNTY ss: On this 22nd day of August,2002,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared JOHN D. GAMBLE,to me personally known who,being by me duly sworn,did say that he is the Secretary of the Iowa limited liability company executing the foregoing instrument,that no seal has been procured by the limited liability company;that the instrument was signed on behalf of the limited liability company by authority of its managers and that JOHN D.GAMBLE acknowledged execution of the instrument to be the voluntary act and deed of the limited liability company by it voluntarily executed. Nota�ubli. n and orf Story County, ow Bloomington Heights West Agreement,081902 t REBECCA RUPP COMMISSION#159663 MY COMMISSION EXPIRES iowA FEBRUARY 21 2003 a 6 � 1