Resolutions-2008 - 14

CITY OF TIFFIN IOWA RESOLUTION NO. 2008 - 14 A RESOLUTION ACKNOWLEDGING SUBSTANTIAL COMPLETION OF THE PUNCH LIST ITEMS AND AUTHORIZING THE RELEASE OF ANY CLAIM UPON THE DEER VIEW ESTATES IMPROVEMENTS, EXCEPT AS TO SIDEWALKS, INCLUDING OUTLOT SIDEWALKS, AND THE BASKETBALL COURT ON OUTLOT " C" PURSUANT TO SECTION 3. 2 OF THE SUBDIVIDER' S AGREEMENT WHEREAS, pursuant to Resolution No. 2007- 10, the City of Tiffin issued payment to IPL Development, but withheld funds in the amount of $21, 750. 00; and WHEREAS, the Developer has substantially completed the punch list items, and the City will benefit from releasing any lien or claim of right for any remaining items on the punch list, except for the installation of sidewalks, including outlot sidewalks, and installation of the basketball court as required under 3. 2 of the Subdivider' s Agreement; and WHEREAS, the City will hold the amount of $21, 750 from IPL Development as security for completion of the outlot sidewalks and Outlot C improvements until the Developer completes the improvements. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Tiffin, Iowa, that the punch list items are hereby acknowledged to be substantially completed. The City therefore releases any liens or claim of rights under the Subdivider' s Agreement for any and all improvements required under the Subdivider' s Agreement. Further, the City will hold the sum of $21, 750. 00 otherwise payable to the Developer until the Developer completes the required remaining improvements. ON THE 30th day of June, 2008, at a special meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Gericke introduced A RESOLUTION ACKNOWLEDGING SUBSTANTIAL COMPLETION OF THE PUNCH LIST ITEMS AND AUTHORIZING THE RELEASE ANY CLAIM UPON THE DEER VIEW ESTATES IMPROVEMENTS, EXCEPT AS TO SIDEWALKS, INCLUDING OUTLOT SIDEWALKS, AND THE BABKETBALL COURT ON OUTLOT " C" PURSUANT TO SECTION 3. 2 OF THE SUBDIVIDEWS AGREEMENT, and made a motion for approval. The motion was seconded by Councilperson Wright. Ayes: Wright, Gericke, Petersen, Bartels; Nays: None.; Absent: Chris Ball; Motion carried. WHEREUPON, the Mayor declared that the resolution adopted and signified his approval of the same by affixing his signature thereto. PASSED, by the Council on the 30th day of June 2008, and approved by the Mayor on the 30th day of June 2008. 14 r. L USI ATT Ruth demuth, Tiffin City Clerk Page 1 of 1 S:\ Clients\ Cities\ Tiffm\ SUBDMSIONS\ DEERVIEW ESTATES 205\ Subdivision Documents\ RESO Releasing Punchlistdoc Last printed 7/ 8/ 2008 1211 PM kd