HomeMy WebLinkAboutA006 - Development Agreement DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by: John R.Klaus,City of Ames Legal Department,515 Clark Avenue,Ames,Iowa 50010(Phone: 515-239-5146)
Address Tax Statement To:City of Ames,Iowa,515 Clark Avenue,Ames,Iowa 50010
AN AGREEMENT PERTAINING TO THE
SUBDIVISION PLATTING AND DEVELOPMENT OF
LAND IN THE CITY OF AMES CALLED
FOUNTAINVIEW SUBDIVISION
--f-�
THIS AGREEMENT,made and entered into this 9 day of fir,,2004,
by and between the CITY OF AMES, IOWA (hereinafter called "City"); and Hunziker Land
Development Company,LLC(hereinafter called"Developer"),their successors and assigns.
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.
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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 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'S REMEDIES
A. In that the Developer seeks to persuade and induce the City to approve an official plat
of the Site by presenting a plan for the development and improvement of the Site in its entirety, it is
understood and agreed that the City shall not issue any building permits with respect to any place on the
Site for which a final plat of subdivision has not been approved and filed for record.
B. 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.
C. The City shall not approve any final plat of any phase of development on the Site unless
said plat is in accordance with and meets the provisions and conditions of this Agreement.
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 City may
establish specific requirements for improvements of the Site, and require a performance bond or other
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security for the performance of improvements by the Developer. The requirements for improvements
relative to the approval of the official plat of the Site may reiterate the provisions of this Agreement;and,
may state additional required improvements.
IV
IMPROVEMENTS
A. Streets and Street Improvements.
1. The Developer shall,with respect to all streets as shown on the Site,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.
2. The Developer shall,in accordance with the specifications of the City,perform
the painted striping to delineate a westbound left turn lane, for a distance of 150 feet, in the center
median of Mortensen Road pertaining to the intersection at Seagrave Boulevard, at the,sole cost and
expense of the Developer.
3. The Developer shall,in accordance with the specifications of the City,construct
an eastbound right turn lane for the said intersection of Seagrave Boulevard,at the sole cost and expense
of the Developer.
4. Establish by means of signs and painted markings on the street pavement a
pedestrian crossing on Mortensen Road on the east side of the Seagrave Boulevard intersection,at the
sole cost and expense of the Developer.
5. A restrictive easement shall be shown on the final plat to prevent vehicular access
from Mortensen Road to Lots 6,7,8,and 9. All vehicular access to the lots within the Site shall be from
either Walton Drive,Mayfield Drive, or Maricopa Drive.
B. Water Main Improvements
1. The Developer shall show on the final plat, and grant to the City by executed
instruments, without charge to the City, easements in a form acceptable to the City, for installation of
required water mains on the Site.
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2. The Developer shall install all water mains as specified by the City with respect
to subdivision of the Site at the sole cost and expense of the Developer.
C. Sanitary Sewer Improvements
1. The Developer shall show on the final plat, and grant to the City by executed
instruments, without charge to the City, easements in a form acceptable to the City, for installation of
required sanitary sewer mains.
2. The Developer shall install all required sanitary sewer mains with respect to
subdivision of the Site, at the sole cost and expense of the Developer.
3. The Developer shall construct an extension of the sanitary sewer main from the
point east of the Site where the said main now ends to the Site, at the sole cost and expense of the
Developer.
4. The City shall be responsible for obtaining all necessary easements for the
construction of the sanitary sewer extension into the Site.
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 facilities on the Site.
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. Storm water detention basins shall be constructed to control the storm water
runoff quantity and quality at the time of the final plat of the first Phase of Development for the Site in
each drainage sub-basin as shown on the City approved preliminary plat for the Site. The detention
basins shall be owned by the Developer, or by a home owners' association that is the grantee of the
Developer. The Developer,or such homeowners'association,shall have the duty to mow the grass and
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perform routine maintenance of the storm water detention basins. The Developer shall grant to the City,
at no charge or cost to the City,an access easement to each of the said storm water detention basins,and
an easement for the detention of storm water in said basins, with the right to excavate the basins as
needed to restore or enhance the functional capacity of those storm water detention basins, such
easements to be in a form acceptable to the City.
E. Sidewalks and Bike Path.
1. Developer shall cause sidewalks to be constructed to City specifications at the
sole cost and expense of the Developer with respect to each platted lot as a principal building is
completed on the lot,but not later than two years after approval of the plat of subdivision of the Site.
2. In lieu of constructing a sidewalk within the street right-of-way along"Outlot
A",the Developer shall construct a bicycle/pedestrian pathway around the storm water detention pond
in "Outlot A" that will connect the public sidewalks along Walton Drive and Mayfield Drive to the
public sidewalks along Seagrave Boulevard,all at the sole cost and expense of the Developer.
3. The Developer shall construct sidewalks to City specifications along Mortensen
Road for the whole distance where the Site abuts Mortensen Road., at the sole cost and expense of the
Developer.
F. Electric.
1. Services to Individual Lots. The City shall install electric service lines to each
of the individual lots at the sole cost and expense of the Developer.
2. Street Lights. The City shall install street lights and the Developer shall pay all
of the City's costs of said installation. Thereafter,costs of operation and maintenance of the street lights
shall be paid by the City.
3. Miscellaneous. Any relocation of existing electric facilities, as required by the
Developer's construction,will be at the Developer's sole cost and expense.
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G. Street Tree Planting Plan. The Developer shall install,at its sole cost and expense,trees
to be planted along both sides of all public streets in the Site in accordance with the types and locations
shown on the tree planting plan which Developer has submitted.
V
SECURITY
The Developer shall install and dedicate to the City all public improvements required for
approval of the plat of subdivision of the Site prior to approval of the final plat; or, execute an
improvement agreement to guarantee the completion of all such required public improvements and
provide to the City as security for the completion of that work an"improvement guaranty"as stated in
Section 23.409 of the Municipal Code of the City of Ames, Iowa.
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,except with respect to restrictions on access to certain lots
from certain streets and roadways. 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.
CITY OF:AA::MrA. STATE OF IOWA,STO Y COL
On this ay of 2004,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,'
By: 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
Ted Tedesco,Mayor 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 a thori of its City Council, as contained in
Attest by: �llttipn No.a ado Led b the City Council on the
�f o a day of�" .�and that Ted
Tedesco and Diane R Voss acknowledged the execution of the
ima instrument to be their voluntary act and deed and the voluntary act
Diane R Voss,City Clerk and deed of��,by' voluntarily executed.
a
Notary Public in afidfk the Shte of Iowa
*,w
JILL L. RIPPERGER
COMMISSION#146549
Page 6 of 7 MY COMMISSION. 3-17-0b
HUNZIKER LAND, DEVELOPMENT STATE OF IOWA,S�,oRY COUN s
COM Y LL D On this T day of�,2004,before me,
C,DEVELOPER a notary in and for the State of Iowa,personally appeared Charles E.
Winkleblack and Dean E.Hunziker,to me personally known,who
being by me duly sworn or affirmed did say that they are Managers
By of said limited liability company and that said instrument was signed
Charle Winkleblack,Manager on behalf of the said limited liability company by authority of its
managers and the said Charles E. Winkleblack and Dean E.
�. Hunziker,acknowledged the execution of said instrument to be the
By: voluntary act and deed of said limited liability company by it
voluntarily exec
D an E. Himiker, M ger
Notary Public in an for the State oflowa
REBECCA H.BARCLAY
Commission Number 176182
Fountainview Subdivision-Agreement-081004 G mv-CQm�isslo es
rev.082504,083104,090204
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