Loading...
HomeMy WebLinkAboutA021 - Agreement Pertaining to Subdivision Platting and Development of Land dated December 20, 2005 IInstrunent:2006- 00014664 M v Date:Dec 05r2006 01:10:46P D Rec Fee: 30.00 E-Coa Fee: 1.00 G Aud Fee: .00 Trans Tax: .00 Rec Management Fee: 1.00 Non-Standard Page Fee: 10.00 Filed For record in Story Countyr Iowa Susan L. Mande Kamp? County Recorder RETURN TO: AMES CITY CLERK — BOX 811 — AMES IOWA 50010 (ENV) AN AGREEMENT PERTAINING TO THE SUBDIVISION PLATTING AND DEVELOPMENT OF LAND IN THE CITY OF AMES CALLED RINGGENBERG PARK SUBDIVISION THIS AGREEMENT, made and entered into this o(07[�k day of �C('.Pr'11��P:1� , 2005, by and between the CITY OF AMES, IOWA (hereinafter called "City'), and Ringgenberg Estates, L.L.C., and Friedrich Land Development Company, L.L.C. (hereinafter called"Developer'),their successors and assigns, and Ringgenberg Park Property Owners' Association(hereafter called"Owners' Association"), 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 of the Code of Iowa,and Section 23.304 of the Municipal Code of the City of Ames. 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 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. r �ji'D Instrurent:2006- OUIi14664 M Date:Dec 05r2006 01:10:46F D Rec Fee: 30.00 E-Con Fee: 1.00 G, Aud Fee: Trans Tax: 00 Rec Rec Management Fee: 1.00 Hon-Standard Page Fee: 10.00 Filed for record in Story Counter Imm Susan L. Uande Kanpr Counts Recorder RETURN TO: AMES CITY CLERK — BOX 811 — AHES IOWA 50010 (ENV) AN AGREEMENT PERTAINING TO THE SUBDIVISION PLATTING AND DEVELOPMENT OF LAND IN THE CITY OF AMES CALLED RINGGENBERG PARK SUBDIVISION THIS AGREEMENT, made and entered into this ol, day of 0 ^Pr�jkrf , 20Q�'-;,by and between the CITY OF AMES,IOWA(hereinafter called"City'),and Ringgenberg Estates,L.L.C., and Friedrich Land Development Company,L.L.C.(hereinafter called"Developer"),their successors and assigns,and Ringgenberg Park Property Owners'Association(hereafter called"Owners'Association"), 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 of the Code of Iowa,and Section 23.304 of the Municipal Code of the City of Ames. NOW,THEREFORE,the parties hereto have agreed and do agree as follows: 1. 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 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. 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. E. The Developer shall cause the creation of a Owners' Association by means of a declaration of covenants that shall run with the land that constitutes the Site; and, each and every owner of any platted lot within the boundary of the Site shall be a member of that Owners' Association. If anv obligation or duty of the Owners' Association, as prescribed by this Agreement, is not met or performed, the City may withhold issuance of City permits with respect to the Site until such failure of performance by the Owners' Association is cured to the satisfaction of the City; and, the City may also bring suite against the said association for court ordered specific performance of the duty owed to the City by the Owners' Association. 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, as a condition for approval of any plat of subdivision, and require a performance bond or other security for the performance of such improvements by the Developer. The requirements of improvements relative to the approval of any 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, construct street improvements to the specifications of the City as follows: (a) The Developer shall deposit $80,000 into an escrow account upon which the City shall be able to draw, in its sole discretion, to pay the costs of making additional lane improvements on Oakwood Road. The said deposit shall be made by the Developer paying to the City, as each of the thirteen dwelling units abutting Oakwood Road are first conveyed, as a condition precedent to a Certificate of Occupancy with respect to such dwelling unit, the amount of $6,200 for each such dwelling unit, but in any event not to exceed $80,000.00. If the City commences construction of the additional lane improvements on Oakwood Road before all of the said thirteen dwelling units have been conveyed, the Developer shall then pay to the City the amount then required to complete the payment of $80,000 as aforesaid. Any interest earned on the said deposit shall be retained by the City. (b) The Developer shall construct,at its sole expense,a bike path,in accordance with the specifications of the City,along Oakwood Road in conjunction with the construction of the first plat of subdivision(1 S`Addition)for the Site. The said bike path shall be continuous from the northeast corner of the Site to the northwest corner of the Site,including the frontage of the Ringgenberg farmstead. The City shall,upon completion of that bike path,disburse to Developers the amount of money reserved from owners of the said farmstead for the said bike path. (c) The Developer shall construct,at its sole expense,a bike path in accordance with the specifications of the City, along the west side of Cedar Lane in conjunction with the construction of each and every segment of Cedar Lane. (d) The Developer shall construct, at its sole expense,in accordance with the specifications of the City,a turn lane on Cedar Lane at its intersection with Oakwood Road,at such time as the City shall determine,in its sole discretion,that such turn lane is necessary. The City shall not reimburse any of Developer's costs for the said turn lane regardless of extra costs to meet City collector street standards. The total road width, including turn lane, shall not exceed 37 feet. (e) The Developer shall construct, at its sole expense, in accordance with the specifications of the City, all bicycle paths internal to the Site,within two years of approval of a final plat that shows such paths. This does not preclude the Developer from obtaining a grant of funds for a bike path. (f) Maintenance and snow and ice removal of all bike paths and pedestrian walkways within or adjacent to the Site shall be the responsibility of the Owners'Association. The Owners' Association shall perform such maintenance or snow/ice removal for City owned pathways as the City shall direct within ten daylight hours written notice by the City. If the required work is not done within that time, the City may perform the work and the City's cost to do so shall be the obligation and debt of the Owners' Association, and a lien against any and all real estate held by the Owners' Association. (g) Cedar Lane and Cottonwood Road shall be constructed to the City's collector street standards. The City shall reimburse the Developer for the costs of the paving materials reasonably required for the additional width and thickness needed to meet the said collector street standards. However,if the estimated cost to the City of these materials is more than$50,000,then the said paving shall be contracted for by the City in accordance with statutory requirements with the estimated cost of such work, less the cost of paving materials for extra thickness as aforesaid,being first deposited with the City by the Developer. (h) Funds received and held by the City for improvements to Cedar Lane pursuant to the Development Agreement for Suncrest H Subdivision shall be disbursed to the Developer. 13. Water Main Improvements. 1. The Developer shall show on the final plat of any subdivision of the Site,and grant to the City by executed instruments,without charge to the City,easements in a form acceptable to the City, for installation and maintenance of water mains required for approval of any plat of subdivision. 2. The Developer shall install all water mains,as specified by the City with respect to any subdivision of the Site,at the sole cost and expense of the Developer. 3. A water main along Cedar Lane shall be constructed by the Developer in accordance with the specifications of the City, at the Developer's sole expense. 3. A water main along Cedar Lane shall be constructed by the Developer in accordance with the specifications of the City, at the Developer's sole expense. C. Sanitary Sewer Improvements. 1. The Developer shall show on the final plat of any subdivision of the site, and grant to the City by executed instruments, without charge to the City, easements in a form acceptable to the City, for installation of sanitary sewer mains required for approval of any plat of subdivision of the Site. 2. The Developer shall install all sanitary_ sewer mains as specified by the City with respect to any subdivision of the Site. 3. The Developer shall construct at its sole expense, in accordance with the City's specifications, a sanitary sewer along Cedar Lane in conjunction with the construction of each segment of Cedar Lane. D. Storm Sewers and Storm Water Management. 1. The Developer shall show on the final plat of any subdivision of the Site, and grant to the City, without charge, easements in a form acceptable to the City for installation and maintenance of storm sewers and storm water detention facilities required for approval of any plat of subdivision of 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. Developer shall construct, at its sole expense, in accordance with the City's specifications, a storm sewer along Cedar Lane. 4. The Owners' Association shall be responsible for all routine maintenance of the storm water detention facilities and surface water flowage areas that are deemed necessary by the City, including maintenance and repair of the subdrain pipes associated with the storm water detention facilities, collection of trash and debris that is found on such areas, and the cutting of grass and vegetation on such areas. The Owners' Association shall perform such maintenance work within reasonable written notice by the City. If the required work is not done within the time specified by the City, the City may perform the work and the City's cost to do so shall be the obligation and debt of the Owners' Association and a lien against any and all real estate held by the Owners' Association. E. Sidewalks and Bike Path. 1. Developer shall cause sidewalks to be constructed to City specifications at the Developer's expense 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 for such lot. 2. The Developer shall construct a bike path in accordance with A-2 above. F. Electric. 1. 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. 2. Relocation. Anv relocation of existing electric facilities, as required by the Developer's construction, shall be at no cost to the City. 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 on the Site in accordance with the types and locations shown on the tree planting plan that Developer has submitted. V SECURITY The Developer shall install, and dedicate to the City, all public improvements required for approval of any or each plat of subdivision of the Site prior to approval of such 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 AMES WA STATE OF IOWA STt�RY COUNTY ss: On this day of DC6. 209-5 before me,a Notary Public in and for the State of Iowa,personally appeared 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, BY respectively,of the City of Ames,Iowa;that the sea]affixed to the TMTe Mayor foregoing instrument is the corporate seal of the corporation,and that the instrument was signed and sealed on behalf of the corporation,by authori of its City Council,as contained in Attest b Resoluti��o�.05-`-l9v ad,o,r�ed by the City Council on the�G Y day of LiC.C�YY 1 E t^.20l S and that k Ty �n and Diane R Voss acknowledged the exertion of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation,by it voluntarily executed. Diane R. Voss, City Clerk Notary Public in and for the State of Iowa FRIEDRICH LAND DEVELOPMENT COMPANY, L.L.C. STATE OF IOWA,STORY COZL 2-e_r1_P/'.onally On this GO day of2005,before me, $Y a notary in and for the State f appeared urt W. Friedrich, Manager Kurt W. Friedrich and Robert K. Friedrich, Jr.,to me personally known,who being by me duly swom or affirmed did say that they are the Managers of said limited liability company and that said By:- 7 instrument was signed on behalf of the said limited liability company by authority of its managers and the said obert K. Friedrich, Jr., Manager acknowledged the execution of said instrument to be the voluntary act and deed of sa' to liab' t, company by it voluntarily executed. IFS,AL e� DEBORAH S. KRAUTH Z COMMISSION NO. 129704 �b1Y COM fSSION XP1A S Notary Public in and for the State of Iowa IowA RINGGENBERG ESTATES, L.L.C. $ Cy STATE OF IOWA, Y CO s YZ On this day of 2005,before me, urt W. Friedrich, Manager a notary in and for the S e Iowa, personally appeared Kurt W. Friedrich and Robert K. Friedrich, Jr.,to me personally known,who being by me duly sworn or affirmed did say that they $Y• are the Managers of said limited liability company and that said Robert K. Friedri h, Jr., Manager instrument was signed on behalf of the said limited liability company by authority of its managers and the said acknowledged the execution of said instrument to be the voluntary act and deed of said limited liab'it company by it voluntarily DEBORAH S. KRAUTH executed. COMMISSION NO. 129704 =a MY CO ISSION EXPI ES , o Public iri"and for the State of Iowa � RINGGENBERG PARK PROPERTY STATE OF IOWA STy Y CouN OWNERS' ASSOCIATION on this day 2005,before me, a Notary PubITc to and f State of Iowa, personally C appeared Kurt W. Friedrich and Robert K. Friedrich, Jr., to me personally known,who being by me duly sworn, did say that they ZW_h__ Yare President and Secretary, respectively, of said corporation, no . Friedrich, President seal has been procured by the said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its board of directors and the said By: acknowledged the execution of said i em to be the voluntary Robert Friedric ,Vr., Secretary act and deed of said co ra'on it ntarily executed. o b'c i d for the 9tate of Iowa DEBORAH S. KRAUTH COMMISSION NO. 129704 L cF �c MY COMMISSION EXPIRES G P1A