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HomeMy WebLinkAboutRobin Hood Enterprises, LLC-1/12/2015CONTRACT This Agreement entered into this 12- day of -Sun u- LA , 2015, by the City of Waterloo, Iowa, hereinafter referred to as First Party and Robin Hood Enterprises, LLC, an Iowa limited liability company, hereinafter referred to as Second Party. THAT WHEREAS, the Second Party has filed with the City Planning, Programming, and Zoning Commission of the City of Waterloo, Iowa, a fmal plat which must be approved by the City Council of Waterloo, Iowa, and WHEREAS, said addition is to be known as Nottingham Third Addition, and WHEREAS, it is the desire of the City Council of the City of Waterloo, Iowa, that sanitary sewers, storm sewers, curb and gutter, street paving and, when applicable, concrete sidewalks be installed throughout said addition and that the streets in said addition be brought to grade acceptable to the Council of the City of Waterloo, Iowa, and that all work above referred to be done under the supervision and direction of the City Engineer of Waterloo, Iowa, and WHEREAS, Second Party is unable to complete the installation of said above referred to improvements and the grading of the streets in said addition at this time and desire, in lieu of completion of said improvements to enter into this Agreement with the City of Waterloo, Iowa, providing for the completion of said improvements within a fixed period of time. NOW THEREFORE, it is agreed as follows: that in consideration of the approval by the City Council of the City of Waterloo, Iowa, of the above-described fmal plat, Second Party at its sole expense, agrees to bring the streets in said addition to such grade as is now or shall hereafter be established by the City Council and the City Engineer of Waterloo, Iowa, and to install and construct throughout said addition the sanitary sewers, storm sewers, curb and gutter, street paving and concrete sidewalks, all in accordance with the preliminary plat, heretofore filed with the City Planning, Programming, and Zoning Commission and with the City Clerk of Waterloo, Iowa, and it is further agreed that the actual construction of said improvements shall be done in the manner provided by law and in accordance with City Ordinances pertaining thereto and under the supervision of the Office of City Engineer of Waterloo, Iowa. IT IS FURTHER AGREED, that concurrently with the execution of this Contract Second Party has executed and caused to be filed with the City of Waterloo, Iowa, its request for sanitary sewer, storm sewer, curb and gutter, street paving and sidewalk construction Petition and Waiver of Notice, Hearing and Assessments thereon for the sole purpose of allowing the City of Waterloo to proceed to construct the said public improvements and assess the costs thereof against the benefited property of the addition in the event that the Second Party fails to comply with the provisions of this Contract. IT IS FURTHER AGREED, that said improvements shall be completed no later than the 30th day of September, 2015, and the City of Waterloo is hereby specifically authorized to proceed to have any improvement covered by this Agreement completed any time after said date. WITNESS our signatures hereto this L2 day of j &n �e� r� , 2015. ROBIN HOOD ENTERPRISES, LLC By: RicharddC. Yo Mana r Mayor ATTEST: By: SECOND PARTY FIRST PARTY CITY O , � TERLOO, WA By: PETITION AND WAIVER THIS AGREEMENT made and entered into by and between the City of Waterloo, Iowa, hereinafter called the City, and the undersigned property owner in said City, hereinafter called the Property Owner, WITNESSETH: WHEREAS, the Property Owner is the owner of the tracts of real estate shown on the attached Exhibit "A;" and, WHEREAS, the City proposes to construct sanitary sewers, storm sewers, curb and gutter, street paving and, when applicable, concrete sidewalk improvements in said City; and WHEREAS, the undersigned Property Owner desire that the improvements be constructed to benefit its property herein described, the general description and location of said improvements being shown on the Plat attached hereto as Exhibit "B." The properties to be assessed are described as shown on the Plat attached hereto as Exhibit "B." NOW, THEREFORE, BE IT AGREED AMONG THE PARTIES HERETO AS FOLLOWS: As soon as practicable the City shall have the right to cause said above described improvements to be constructed in accordance with in all respects, with such plans and specifications for the above described improvements as it shall deem appropriate. The construction of said improvements shall be under the supervision of an engineer to be selected at the discretion of the City. For the purpose hereinbefore set out, in the event the Property Owner fails to complete construction of said improvements as described in the Contract between the City and Property Owner of the same date hereof, the City may elect to enter into contract for the construction of said improvements as a part of any contract for a public improvement project made pursuant to advertisement for bids done prior to the receipt of this instrument by the Council, if authorized by Section 384.41(2) of the City Code of Iowa. In consideration of the construction of the said improvement, the undersigned Property Owner hereby waives the Resolution of Necessity and publication of Notice thereof, the Resolution ordering the work, the advertisement for bids, and the publication of Notice thereof, and all other legal formalities of whatsoever kind or character required by the laws of Iowa to be observed by cities in the construction of said improvements where the expense of such improvements is to be assessed against the abutting or adjacent property. The undersigned Property Owner hereby expressly waives each and every question of jurisdiction, the intention of the Property Owner being to authorize and direct said City to construct the said improvement without any of the formalities or legal proceedings required of cities by the statutes of Iowa in constructing like improvements. The express intention of the undersigned Property Owner being that said above described improvements shall be constructed as aforesaid as if each and every legal requirement pertaining thereto was fully and faithfully observed and performed. It is further agreed that said City may make a contract for construction of the above described improvements, as herein provided and that when said improvements have been constructed in accordance with the plans and specifications for the said improvements, to be adopted by the council, that said city by and through its Council may make assessments against the properties of the undersigned Property Owner for the entire cost of the construction of said improvements, including the cost of engineering, supervision, and preparation of assessment schedule, and that said assessments so made shall be a lien upon the property herein described of the undersigned Property Owner, and the undersigned Property Owner hereby agrees to pay the amount which is thus assessed against its property, and said assessment shall have the same legal force and effect as if all the legal formalities provided by law in such cases had been fully and faithfully performed and observed. The undersigned Property Owner hereby expressly waives every objection to said assessment. Said assessment shall be paid by the undersigned Property Owner within the time provided by the laws of Iowa for the payment of special assessments for such improvements. The amount and proportion of the cost of said improvements, to be paid by the Property Owner, shall be ascertained and determined by the Engineers and by them reported to the City Council which shall make such changes or alterations in said assessment as should be made and when said assessments are finally passed by the Council and by it levied, they shall constitute the assessments against the said property in all respects and with all the effect that they would have pertaining to public improvements to be paid for by special assessments, had been fully observed. Said assessments shall be paid by the undersigned Property Owner within the time provided by law Petition and Waiver Page 1 of 2 for the payment of special assessments for such improvements, and improvement bonds may be issued by the City payable out of said assessments. Said Property Owner hereby authorizes the Council of the City of Waterloo, Iowa, to pass any Resolution requisite or necessary to order and secure said improvements, to provide for the construction of the same and to make the assessments herein provided for, without further notice to said Property Owner, or any of them, and any such Resolution may contain recitals that said improvements are ordered or made by the Council without petition of property owner, without in any way qualifying this petition or releasing the Property Owner from its obligation to pay the assessments levied against their property for the cost of said improvements. The Property Owner warrants that its real estate described below is free and clear of all liens and encumbrances other than for ordinary taxes. The Property Owner further agrees to subordinate the sale of any part of its said property to the terms of this Petition and Waiver, and, upon failure to do so, to pay the full amount of the assessment on demand. The Property Owner agrees that this Petition and Waiver shall be effective and binding from and after the approval hereof by resolution of the City Council. IN WITNESS WHEREOF, we have hereunto affixed our signature this f_.? day of January, 2015. (PROPERTY OWNER) ROBIN HOOD ENTERPRISES, LLC STATE OF IOWA ) SS BLACK HAWK COUNTY) On this '3 day of January, 2015, before me, a Notary Public in and for the County of Black Hawk, State of Iowa, personally appeared Richard C, Young, Manager of Robin Hood Enterprises, LLC, to me known to be the person named in and who executed the foregoing instrument and acknowledged that he executed the same as his voluntary act and deed. DEBRA R. FOUST COMMISSION NO. 220307 MY COMMISSION EXPIRES Petition and Waiver oktkaje NOTARY PUBLIC IN AND FOR BLACK HAWK COUNTY, IOWA. Page 2 of 2 rot Dutton, Braun, Stank & Hellman, P.LC. ATTORNEYS AT LAW David J. Dutton Robert W. Braun Thomas L. Staack* James R. Hellman Michael A. McEnroe Cheryl L. Weber Steven K. Daniels john J. Hines James F. Kalkhoff **Also Admitted in California RIE AVZ AMU - James H. Cook** Chad A. Swanson Michael R. Young*** Erin P. Lyons E -mail: youngm@wloolaw.com January 14, 2015 SENT VIA PERSONAL DELIVERY Ms. Adrienne Miller Associate Planner City of Waterloo Community Planning & Development Dept. 715 Mulberry Street Waterloo, IA 50703 Laura L. Folkerts Matthew M. Craft Joshua M. Moon Nathan J. Schroeder Erich D. Priebe ***Also Admitted in Illinois RE: Nottingham Third Addition Dear Adrienne: Enclosed please find the Contract and Petition and Waiver regarding Nottingham Third Addition. If you have any questions, please do not hesitate to contact me. Very truly yours, DUTTON, BRA , STAACK & HELLMAN, P.L.C. Michael R. Young MRY:df Enclosures I:\Business2\Robin Hood Ent\Real Estate\Nottingham Third Addition\Miller15.114.Docx 3151 Brockway Road P.O. Box 810 Waterloo, IA 50704 Tel: 319-234-4471 Fax: 319-234-8029 www.dbsh.com