HomeMy WebLinkAboutRandall D Larson-9/19/2011Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704. (319) 234-5701
After recording, return to Wayne Castle, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703.
REPAIR AND ASSESSMENT AGREEMENT
This Repair and Assessment Agreement is entered into as of
between Randall D. Larson ("Owner") and the City of Waterloo, Iowa ("City").
1I, 2011, by and
WHEREAS, Owner is the owner of real property located at 712 Kern Street, Waterloo, Iowa, also
known as assessor parcel no. 8913-14-378-014 and legally described as Lot 14, Block 2, Riehl's Addition
to the City of Waterloo, Iowa (the "Property"); and
WHEREAS, the Property is located in a zone that is subject to City's F.Y. 2012 Sidewalk Repair
Assessment Program (the "Program") and has sidewalk in the public right of way that is in need of repair
pursuant to City's standard criteria, but the Property was mistakenly removed from the list of Program
properties; and
WHEREAS, the parties desire to make the repairs on the terms set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants exchanged herein, the parties
agree as follows:
1. Consent to Work. Owner hereby consents to City's repair of two (2) sidewalk panels on the
public right of way abutting the Property pursuant to the Program and waives all objection to the
reasonable entry by City personnel or its contractors onto the Property and associated right of way for
purposes of removal and repair of said sidewalk panels. Owner further waives all Program notices or
other notices required by applicable law or ordinance, including but not limited to notices of repair,
estimated cost, proposed assessment, and public hearing. City or its designated contractors will perform
all repair work in accordance with Program specifications.
2. Consent to Cost. City has provided to Owner an estimate of the cost to repair the sidewalk
panels, namely, $309.94. Owner accepts such estimated cost and acknowledges that the actual cost may
be less than, but no greater than, the estimate provided. After completion, City will bill Owner the actual
cost of repair and the costs incurred by the City of Waterloo for implementing the Program as allowed
under the Code of Iowa, and Owner agrees to pay the total actual cost billed. Costs not paid within thirty
(30) days of billing will bear interest at the same rate as other Program assessments, until paid in full.
3. Consent to Assessment. Owner acknowledges and agrees that the City may certify any unpaid
costs for assessment, and upon certification to the county treasurer such costs and interest thereon shall
become a special assessment against the Property and shall constitute a lien against the Property until paid
in full. In furtherance of the purposes of this Agreement, City may record it in the land records of Black
Hawk County, Iowa.
4. Miscellaneous. This Agreement constitutes the entire agreement between the parties with respect
to the subject matter hereof. It may be amended only by a written agreement signed by the parties. This
Agreement is binding on the parties and their respective heirs, personal representatives, successors and
assigns.
IN WITNESS WHEREOF, the parties have executed this Repair and Assessment Agreement as of the
date stated above.
CITY OF
TERLOO, IOWA
Randall D. Larson
rnest G. Clark, Mayor
2
Attest:
uzy Scha es, City Clerk