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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 have a cause of action for an order of court for specific performance of
any provision of this Agreement.
IV
PLATTING PROCESS
The School District shall undertake the official platting of the Site,pursuant to the procedures
established by the ordinances of the City. The City shall establish specific requirements for
improvements of the Site. The platting of the Site may occur in phases. The requirements for
improvements relative to the approval of the final plat for a phase of the development Site may be
subject to a more specific agreement for public improvements that may also reiterate the provisions of
this Agreement.
V
IMPROVEMENTS
A. Streets and Street Improvements.
1. The School District shall, with respect to all street improvements shown on
Appendix A, convey fee title by deed without warranty for the street land,as needed,to the City at no
charge or cost to the City,said conveyance to occur at the time of final platting,except that the City shall
procure the construction rights required of Iowa State University for improvement at Mortensen Road
and State Avenue. By way of specification,but not in limitation, the School District shall:
a) Construct the street widening on Mortensen Road at the drives, and at
the intersection of Dotson Drive and Mortensen Road.
b) Construct a new Cy-Ride turn around on land that the School District
shall convey to the City for that purpose,by Quit Claim,at the time of the final plat,without charge to
the City. The School District shall have a continuing obligation for complete mowing and snow and ice
Page 3 of 8
r
control on the Cy-Ride turn around. The City shall convey the existing CyRide turn around to the
School District by Quit Claim Deed.
c) Construct the street widening improvements on Mortensen Road at its
intersection with State Avenue,to include revisions of the traffic control markings on the east leg of the
intersection,in accordance with the construction plan approved by the City and Iowa State University.
d) Construct, at the sole expense of the School District, the extension of
Dotson Drive as shown on Appendix A. Construction of this street extension shall be completed by the
School District within two years after the developer of South Fork Subdivision completes extension of
Dotson Drive to the north line of the Site. If,on or before June 30,2014,the City,by enacted resolution
of the City Council,awards a contract for construction of a City recreation facility on the Site,then costs
for the construction of the extension of Dotson Drive shall be shared by the School District and by the
City in accordance with V-G below.
e) Convey to the City at no cost the 27.5 feet of right-of-way needed for the
easterly half of the extension of South Wilmoth Avenue from the north line of the Site to the south line
of Morningside Street.
1) Construct an all-weather access road from the paved portion of Dotson
Drive in South Fork Subdivision to the athletic fields on the northern part of the Site to provide access
for emergency vehicles to the athletic fields,in accordance with plans and specifications to be approved
by the City which approval will not be unreasonably withheld. The athletic fields shall not be used by
the School District until after that road is completed. That roadway shall be maintained by the School
District until it is paved.
2. The School District 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. Except for the Dotson Drive work stated in
Page 4 of 8
subparagraph V-A.l.d)above,all street improvements shall be completed prior to the School District
buildings on the Site being used and occupied.
B. Water Main Improvements.
l. The School District shall grant to the City,without charge,at the time of the final
plat,easements in a form substantially the same as shown in Appendix B for installation of water mains
on the Site as shown on Appendix A.
2. The School District shall install all water mains as specified for the Site by the
City,at the sole cost and expense of the School District,except that the City shall pay for the difference
in cost between an eight inch diameter main and a twelve inch diameter main on Dotson Drive.
C. Sanitary Sewer Improvements.
l. The School District shall grant to the City,without charge,at the time of the final
plat, easements in a form substantially the same as shown in Appendix B for installation of sanitary
sewers on the Site as shown by Appendix A. Additionally, the School District shall provide for the
benefit of the City a sanitary sewer easement over the northeast corner of the site for the purpose of
extending sanitary sewer service to the land at the northwest corner of State Avenue and Mortensen
Road. The precise description of the easement shall be more narrowly determined at the time that
development occurs at the said off-site location that requires extension of sanitary sewer service across
the Site to that development.
2. The School District is not obligated to pay costs of sanitary sewer construction
located on the northeast corner of the Site;but,the School District shall install all other sanitary sewer
mains on the Site without expense to the City.
D. Storm Sewers and Storm Water Management.
l. The School District shall grant to the City,without charge, at the time of final
plat,easements in a form substantially the same as shown in Appendix B for installation of storm sewers
on the Site as shown by Appendix A.
Page 5 of 8
APPENDIX A
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