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HomeMy WebLinkAboutA023 - Resolution No. 15-720 adopted November 24, 2015 E RESOLUTION NO. 15-720 RESOLUTION ACCEPTING COMMITMENT LETTER FROM IOWA STATE UNIVERSITY AS FINANCIAL SECURITY FOR SIDEWALK IMPROVEMENTS AND MAINTENANCE OF STORM WATER FACILITIES FOR IOWA STATE UNIVERSITY RESEARCH PARK, PHASE III, FIRST ADDITION FOR THE CITY OF AMES WHEREAS, on July 14, 2015,the City Council approved the Preliminary Plat for the Iowa State University Research Park, Phase III; and, WHEREAS, there are two land owners, each of whom owns a portion of the 187.93 acres included in the proposed subdivision;Iowa State University Research Park is the owner of proposed Lots 1, 2, 3, 4, a portion of Lots 5 and 6, Lot 7, a portion of Lot A, Lot B, Lot C, Outlot A, and Outlot Y, and Erben Hunziker and Margaret Hunziker Apartments, LLC,is the owner of a portion of proposed Lots 5 and 6, a portion of Lot A, and all of Outlot Z; and, WHEREAS, the Final Plat includes seven lots for industrial development in the "RI" (Research Park Innovation District); Lot A(Collaboration Place and University Boulevard/S. 5301h Avenue),Lot B(Plaza Loop),and Lot C(S.Riverside Drive)are to be dedicated to the City as public street right-of-way; Outlot A is planned for use as a location for storm water management, open space as a park, and future development; and, Outlot Z is planned for future development; and, WHEREAS,the developer is responsible for the cost and installation of sidewalks in the First Addition,along the three public streets,part of University Boulevard,Collaboration Place,and Plaza Loop; and, WHEREAS, additionally, the developer is responsible for the cost of the maintenance of storm water improvements for a period of four years after they have been accepted by the City as complete; and, WHEREAS, the City recently established a three-year horizon for the completion of all sidewalks within a final plat and to require security for their installation; and, WHEREAS,the Research Park has requested Council deferral and has signed an`Agreement for Sidewalks,' that states sidewalks will be installed not later than occupancy of a building on a lot or within three years of the final plat approval, whichever occurs first; and, WHEREAS, to meet the financial security requirement for completion of sidewalks within three years,the Research Park requests that Council accept the combination of the commitments of the current development agreement and the financial backing of Iowa State University as security in lieu of the typical letter of credit or bond; and, f WHEREAS, the University has provided a letter dated November 18, 2015, and on file in the City Clerk's Office, affirming the intent of Iowa State University to guarantee sidewalk installation and maintenance of the shared storm water improvements anticipated for the final plat; and, WHEREAS,this guarantee may be invoked by the City if the Research Park,for any reason, fails to construct the sidewalks within three years of the date of the guarantee, or if the Research Park, for any reason, fails to maintain the storm water improvements; and, WHEREAS,the sidewalk security is to cover the estimated cost of the improvements,which is $77,625; and, WHEREAS, this same letter also includes a provision for the storm water maintenance security at $7,500 per year for four years, for a total of$30,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofAmes, Iowa, that a commitment letter from Iowa State University as financial security for sidewalk improvements and maintenance of storm water facilities for the Iowa State University Research Park, Phase III, First Addition, is hereby accepted and approved. ADOPTED THIS 24`h day of November, 2015. � �,& A Diane R. Voss, City Clerk Ann H. Campbell, Mayor Introduced by: Goodman Seconded by: Betcher Voting aye: Betcher, Corrieri, Gartin, Goodman,Nelson, Orazem Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 24!' day of November, 2015.