HomeMy WebLinkAboutA018 - Sanitary Sewer Service Relocation Agreement SANITARY SEWER SERVICE
RELOCATION AGREEMENT FOR
RINGGENBERG PARK SUBDIVISION,4"' ADDITION
THIS SANITARY SEWER SERVICE RELOCATION AGREEMENT FOR RINGGENBERG
PARK SUBDIVISION, 41" ADDITION (this "Agreement") is made and entered into effective the day of
February, 2014, by and between the CITY OF AMES, IOWA, a municipal corporation organized and existing
pursuant to the laws of the State of Iowa (hereinafter sometimes called "City") and Friedrich Land Development
Company, L.L.C. (hereinafter called "Developer"). City and Developer are sometimes hereinafter collectively
referred to as the"Parties".
WITNESSETH THAT:
WHEREAS, the Developer is initiating the final phases of a multiphase land project in which there is
certain existing infrastructure serving nearby residential property;and
WHEREAS, the current project related to the construction of a residential development to be kno%,m as
"Village Cooperative"(the"Project")will necessitate the relocation of that infrastructure;and
WHEREAS, the Parties have determined that in order to set forth the rights and responsibilities of the
Parties with respect to the infrastructure relocation as further set forth herein, this Parties should enter into this
Agreement.
NOW,THEREFORE,the Parties hereto have agreed and do agree as follows:
PURPOSE. The purpose of this Agreement is to provide the process and duties related to the relocation of
the sanitary sewer main serving the Ray and Brenda Ringgenberg(collectively,the"Homeowners")residence on the
south side of Oakwood Road. There is presently an 8"sanitary sewer main running west and north from Cedar Lane
to the Homeowners' residence at 2530 Oakwood Road(the"Residence")which currently serves only the Residence.
The route of that sewer main is presently open land,but buildings and site amenities are contemplated by Developer
for that space that will impact the existing sanitary sewer main and necessitate its relocation.
DEVELOPER'S PROJECT RESPONSIBILITIES. It shall be the responsibility of the Developer to
accomplish all tasks and activities necessary to provide the Residence with connection to a new and relocated
sanitary sewer main. These tasks and activities include,but are not limited to, vacation of a portion of the existing
sanitary sewer easement, abandonment of a portion of the existing sanitary sewer main,provision for a new sanitary
sewer easement, design and construction of a new sanitary sewer main, disconnection and reconnections of the
sanitary sewer main segments as necessary to provide an uninterrupted connection to the Residence, and restoration
of the ground and landscaping(collectively,the Relocation Work").
DEVELOPER'S NOTICE RESPONSIBILITIES. The Developer shall keep the Homeowners apprised
of the Relocation Work, and particularly of the timing and status of the disruption of the sanitary sewer service to
the Residence, so that the Homeowners have actual advance notice of when the Residence will be without sanitary
sewer connection. The Developer is obligated to take steps necessary to minimize the actual amount of time that the
Residence will be disconnected from sewer service.The Developer shall also be required to take whatever steps are
necessary to assure that the Residence maintains an uninterrupted functional level of sanitary sewer service even
during period(s)of disconnection.
FINANCIAL SECURITY. The Developer agrees that it shall provide financial security to the City for the
Relocation Work. That security shall be in such form and amount as the City requires, and it shall be provided at or
before the time of execution of this Agreement. It is currently anticipated that the amount of security will be
approximately$30,000.00.
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LIABILITY. To the fullest extent permitted by law,the Developer shall indemnify and hold harmless the
City, their agents and employees from and against all claims, damages, losses, and expenses, including, but not
limited to attorneys'fees arising out of or resulting from the performance of the Relocation Work.
ABANDONMENT OR CHANGE OF PROJECT. This Agreement is being entered into with the
understanding that the sanitary sewer relocation is a necessary condition precedent for the proposed construction of
the Project. In the event the Developer elects to abandon the Project such that the relocation is no longer needed,the
City may, at its sole discretion, require the Developer to proceed with the Relocation Work as contemplated under
this Agreement, or the City may install the sanitary sewer main utilizing the Developer's financial security, or the
City may require the Developer to re-establish the easement at its current location, after which the City would
release the Developer's financial security.
LAWS. This Agreement is governed by the laws of the State of Iowa with venue in Story County District
Court.
ASSIGNMENT. This Agreement may not be assigned or transferred by the Developer without the prior
written consent of the City.
RELATION TO DEVELOPMENT AGREEMENT. This Agreement is intended only to supplement the
"Agreement Pertaining to the Subdivision Platting and Development for the Ringgenberg Park Subdivision"entered
into between the Parties on December 20,2005,and recorded with the Story County Recorder as instrument number
2006-00014664, as amended or supplemented (the "Prior Development Agreement"), and shall in no way be
construed to supersede or supplant the terms and conditions of that Prior Development Agreement.
IN WITNESS WHEREOF,the Parties hereto have,by their authorized representatives,set their hand and
seal as of the date first above written.
CITY OF AMES,IOWA FRIEDRICH LAND DEVELOPMENT
COMPANY,LLC
By �. ( � By
Ann H. Campbell,Mayor urt W.Friedrich,Manager
Attest b U
Diane R.Voss,City Clerk
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Re: Sanitary Sewer Service Relocation Agreement for Ringgenberg Park
Subdivision, 4th Addition
Judy K Parks to: Diane R Voss 02/28/2014 03:45 PM
History: This message has been replied to.
Diane R Voss Sanitary Sewer Service Relocation Agreement for Ringgenberg Park Subdivi:
Judy K Parks Hi Diane, l chose not to put this in recordable format as my understanc
Diane R Voss So noted. Thank you, Judy. Diane Voss, City Clerk/Records Man
Hi Diane,
I chose not to put this in recordable format as my understanding was that it is pretty short term. My
impression is that they (the developer) is going to be expediting this relocation as it is as the front end of
the project that they have on the front burner. Since it will not be something to be done at some
undetermined time far in the future, I don't think it needs to be recorded.
Judy K. Parks, City Attorney
City of Ames Legal Department
515 Clark Avenue, P.O. Box 811
Ames, Iowa 50010
Phone: 515-239-5146
Fax: 515-239-5142
Email:jparks@city.ames.ia.us
q me
Diane R Voss I have the signed Agreement. It is not in recorda... 02/28/2014 01:39:16 PM
From: Diane R Voss/COA
To: Judy K Parks/COA@COA
Date: 02/28/2014 01:39 PM
Subject: Sanitary Sewer Service Relocation Agreement for Ringgenberg Park Subdivision,4th Addition
I have the signed Agreement. It is not in recordable format. Do I need to record it?
Diane Voss, City Clerk/Records Manager
P. O. Box 811