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HomeMy WebLinkAboutBlack Hawk Contracting and Development Co-2/7/2011DEVELOPMENT AGREEMENT This Agreement is made and entered into this day of COPYIA.rj 2016, by and between Black Hawk Contracting and Development Co., hereafter called Devopen, and the City of Waterloo, Iowa, hereinafter called City. WHEREAS, City considers development within the City a benefit to the community and is willing for the total good and welfare of the community to sell city -owned property not needed for current or future public purposes so as to encourage that goal, and WHEREAS, Developer is willing and able to construct five (5) single-family dwellings, each with an attached double garage, valued at approximately' $150,000.00 each, on five (5) separate properties legally described on attached Exhibit "A". WHEREAS, said construction of five (5) single-family dwellings shall be completed by May 31, 2011 of this signed and executed Development Agreement by Developer, and NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREINAFTER CONTAINED, Developer and City agree as follows: 1. The City agrees to convey property, as legally described on attached Exhibit °A", for $1.00 plus costs. The City shall convey, or cause to be conveyed, the property by Quit Claim Deed. 2. Developer agrees to construct five (5) single-family dwellings, each with an attached double garage, valued at approximately $150,000.00 each, on five (5) separate properties, and take out necessary permits within a six-month period, from the date of this agreement. Said single-family dwellings and attached garages shall be constructed in accordance with all applicable City, State, and Federal building codes and be in compliance with all applicable city ordinances. 3. Developer must obtain a building permit and begin construction within six (6) months of the date of transfer and be completed by May 31, 2011 to meet requirements to repay difference as stated herein between estimated value and conveyance price through taxes within eight (8) years. If, after transfer of the property by the City to developer, construction is not commencing in accordance with the attached schedule as described, the title to the real estate will revert to City of Waterloo, free of any liens, encumbrances, etc. against said property. Developer agrees to sign all necessary documents for said reversion. If construction is not begun, at the end of six (6) months, but the development of the project is still imminent, the City Council may but shall not be required to grant an extension of time for the construction of the building. Partial start of development, not in accordance with the requirement to build By: a residential building by May 31, 2011 will also initiate the above requirement for reversion of land or full payment, as previously described. 4. After Developer's completion of construction of five (5) single-family dwellings and attached double garages, as previously described, any and all reversion rights granted to City, relating to any or all of the property described in Exhibit "A" shall terminate. 5. NOTICE: All notices, request, and other communication permitted or required herein shall be in writing and shall be effective when delivered to the addressee in person or when sent to such address by United States registered or certified mail, retum receipt requited, postage prepaid, or by hand delivery, addressed as follows: For the City: Mayor Emest G. Clark City Hall 715 Mulberry Street Waterloo, Iowa 50703 With copy to Community Planning & Development Director For Developer: John R. Rooff III Black Hawk Contracting and Development Co. 1509 Commercial Street Waterloo, Iowa 50702 6. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the successors and assigns of Developer. 7. IN WITNESS WHEREOF, the parties have executed this Agreement the date and year written above. John R. Rooff 1I1, Developer Date CITY OF WAT RLOO, IOWA By: rf '1q19-611 Ernest G. Clark, Mayor Date ATTEST: Suzy Scharer, City Clerk (76111 Date