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HomeMy WebLinkAboutSunnyside South Addition, LLC-5/28/2013CONTRACT This Contract is entered into this AS''— day of rL , , 2013, by the City of Waterloo, Iowa (the "City") and Sunnyside South Addition, TIC (the "Developer"). WHEREAS, the Developer has filed with the City Planning, Programming, and Zoning Commission of the City of Waterloo, Iowa, a final plat which must be approved by the City Council of Waterloo, Iowa, and WHEREAS, said addition is to be known as Sunnyside South Addition, Waterloo, Black Hawk County, Iowa, 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, storm detention facility, and concrete sidewalks be installed throughout said addition and that the streets in said addition to be brought to grade acceptable to the City 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, Developer is unable to complete the installation of said improvements and the grading of the streets in said addition at this time and desires, in lieu of completion of said improvements, to enter into this Contract with the City, 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 final plat, Developer, 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, storm detention facility, 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 Developer has executed and caused to be filed with the City its request for sanitary sewer, storm sewer, curb and gutter, street paving, storm detention facility, and sidewalk construction Petition and Waiver of Notice, Hearing and Assessments thereon for the sole purpose of allowing the City to proceed to construct said public improvements and assess the costs thereof against the benefited property of the addition in the event that the Developer fails to comply with the provisions of this Contract. IT IS FURTHER AGREED that said improvements shall be completed no later than November 15, 2013, 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. PETITION AND WAIVER THIS Petition and Waiver is entered into this 2 day of elr„I 2013, by and between the City of Waterloo, Iowa (the "City") and the undersigned property owners in said City (the "Developers"). WHEREAS, each of the Developers is respectively the owner of the tracts of real estate indicated below; and, WHEREAS, the City proposes to construct sanitary sewers, storm sewers, curb and gutter, street paving, storm detention facility, and concrete sidewalks to be installed throughout said addition in said City; and, WHEREAS, the undersigned Developers desire that the improvements be constructed to benefit their respective properties hereinafter described, the general description and location of said improvements being as follows: Relocation of W. San Marnan Drive, generally from Galactic Drive to 1100 feet East of W. 4th Street, in the City of Waterloo, Iowa. WHEREAS, the properties to be assessed are described as follows, all of which are owned by the Developers without division of ownership: A parcel of land located in the Southwest Quarter and the Southeast Quarter of Section 5, Township 88 North, Range 13 West of the 5th Principal Meridian; and in the Northwest Quarter and the Northeast Quarter of Section 8, Township 88 North, Range 13 West of the 5th Principal Meridian; all in the City of Waterloo, Black Hawk County, Iowa, more particularly described as follows: Commencing at the Southwest corner of the Southwest Quarter of said Section 5; thence N89°49'35"E 606.20 feet along the South line of said Southwest Quarter, thence N87°38'39"E 426.83 feet along the former North right-of-way line of Primary Road No. 412 to the point of beginning; thence continuing along said former North right-of-way line N87°38'39"E 1621.12 feet to a point on the East line of said Southwest Quarter; thence N87°27' 11 "E 1753.34 feet along said former North right-of-way line; thence S02°32'35"E 220.00 feet to the former South right-of-way line of Primary Road No. 412; thence S87°27' 11"W 814.49 feet along said former South right-of-way line; thence S88°40'09"W 942.31 feet along said former South right-of-way line; thence S87°38'39"W 1617.86 feet along said former South right-of-way line; thence NO2°32'49" W 200.00 feet to said former North right-of-way line and the point of beginning, containing 16.083 acres, subject to easements and restrictions of record. Generally described as: Sunnyside South Addition, Waterloo, Black Hawk County, Iowa. NOW, THEREFORE, the parties agree as follows: As soon as practicable at any time after November 15, 2013, in the event that the Developers have not completed the public improvements they are required to construct pursuant to separate contracts with the City, the City shall have the right to cause said above-described improvements to be constructed in accordance 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 set out above, the City may elect to enter into a 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 City Council, if authorized by Section 384.41(2) of the Code of Iowa. In consideration of the construction of the improvements, the undersigned Developers hereby waive 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 properties. The undersigned Developers each and all hereby expressly waive each and every question of jurisdiction, the intention of the Developers being to authorize and direct the City to construct the improvements without any of the formalities or legal proceedings required of cities by the statutes of Iowa for the construction of like improvements, the express intention of each of the undersigned Developers being that the 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 the 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 improvements, to be adopted by the City Council, that the City by and through its Council may make assessments against the properties of the undersigned Developers 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 Developers' properties described above, and each of the undersigned Developers 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. Each of the undersigned Developers hereby expressly waives every objection to said assessment. The amount and proportion of the cost of said improvements, if paid by several Developers, 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 fmally passed by the Council and by it levied, they shall constitute the assessments against the said properties in all respects and with all the effect that they would have pertaining to public improvements to be paid for by special assessments as if all formalities and proceedings had been fully observed. Said assessments shall be paid by the Developers within the time provided by law for the payment of special assessments for such improvements, and improvement bonds may be issued by the City payable out of said assessments. The Developers hereby authorize the City Council to pass any resolution necessary or advisable 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 Developers, 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 owners, without in any way qualifying this petition or releasing the Developers from their obligation to pay the assessments levied against their property for the cost of said improvements. Each Developer warrants as of the date hereof that its real estate described above is free and clear of all liens and encumbrances other than for ordinary taxes, except for such liens as are held by lien holders hereinafter listed and designated as signers of this Petition and Waiver. Each 2 Developer further agrees to subordinate the sale of any part of its 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. Each lien holder designated below, by execution of this Petition and Waiver, agrees and consents that his lien or liens shall be subordinated to the lien of the assessments levied pursuant hereto. Developers agree 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 signatures as of the date first set forth above. STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on Sunnyside South Addition, LLC. Sunnyside South Addition, LLC By: Je 1' : 'ckfort, Manager J / Z 3 / 1 3 , 2013, by Jeff Stickfort as Manager of 3 Preparer Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704. (319) 234-5701 Address tax statement to: Sunnyside South Addition, LLC, P.O. Box 447, Hudson, IA 50643 Retum deed to preparer. SPECIAL WARRANTY DEED (Corporate Grantor) For the consideration of One Dollar ($1.00) and other valuable consideration, City of Waterloo, Iowa does hereby convey to Sunnyside South Addition LLC the following described real estate in Black Hawk County, Iowa: Parcel "G" according to Plat of Survey filed April 3, 2013 as Doc. No. 2013-20461. Subject to restrictions, covenants, easements and interests of record and to govemmental regulations. Consideration Tess than $500. Exempt from real estate transfer tax, declaration of value and groundwater hazard statement. This deed corrects a deed previously filed May 2, 2013 as Doc. No. 2013-22731. The Corporation hereby covenants with grantees, and successors in interest, to warrant and defend the real estate against the lawful claims of all persons claiming by, through, or under it, except as may be stated above. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. STATE OF IOWA ) ss: BLACK HAWK COUNTY ) Acknowledged before me on , 2013, by Emest G. Clark and Suzy Schares as Mayor and Ci Clerk, respectively, of the City of Waterloo, Iowa. klY 914 Notary Public Dated: , 2013 CITY OF RLOO, IOWA By Emest G. Clark, ' ayor