I-1 - Resolution 2023-048 - Approving an Amendment to the Planned Development Overlay Concept District (OPD)

AMENDMENT TO PLANNED DEVELOPMENT OVERLAY CONCEPT DISTRICT (OPD) AND SUBDIVIDER’S AGREEMENT PARK PLACE CITY CENTER This Amendment (the “Amendment”) is made as of the ___ day of July, 2023 (the “Effective Date”), by and among the City of Tiffin, Iowa, a municipal corporation (the “City”), and Andersen Development, Inc., an Iowa corporation (“Subdivider”) and the following parties referred to hereinafter as “Owners”: TAT LLC, an Iowa limited liability company, DERS, LLC, an Iowa limited liability company and Park 3 LLC, an Iowa limited liability company. WITNESSETH: WHEREAS, the City and Developer are parties to a Planned Development Overlay Concept District (OPD) and Subdivider’s Agreement for the proposed development to be known as Park Place City Center, Tiffin, Iowa (the “Development”) recorded July 8, 2019 in Book 5926, Page 602 of the records of the Johnson County, Iowa Recorder (the “OPD Agreement”); and WHEREAS, the Owners own the Development. WHEREAS, the City, Owners and Subdivider desire to amend the OPD Agreement as contained herein. NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and other valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Section 3(J) of the OPD Agreement is deleted in its entirety and replaced as follows: “J. Open Space. The City agrees that the required park space may be satisfied by Developers and/or Owner collectively providing open space and park property comprised of the following: (1) City Center Park which shall consist of 2.17 acres designated as Outlot A on the preliminary plat and shall include trees, benches, pedestrian sidewalk, lights with banner arms, and outdoor sound system, with specific plans as agreed to by the City; and (2) an eight foot pedestrian sidewalk as described below. Such pedestrian sidewalk shall begin at Forevergreen Road in the Southwest Quarter of Section 22-80-7, then run south along or near the east line of Parts 1 & 2 (and the west line of Park Place City Center Part One), then cross Oakdale Boulevard. The sidewalk continues to property located outside of Exhibit A-2. Such pedestrian sidewalk shall be completed by no later than October 31, 2025. It is anticipated that Outlot A will be dedicated to City as part of the 2.17 acres needed for park space as noted above in Item (1). 2. Except as amended herein, all other terms and provisions of the following remain in full force and effect: (i) the OPD Agreement, and exhibits thereto; and (ii) that certain Planned