HomeMy WebLinkAboutMidwest Development - Audubon Heights 6th Add-9/11/2017CONTRACT
This Agreement entered into this lith day of September, 2017, by the City of Waterloo, Iowa, hereinafter
referred to as First Party and Midwest Development Co., 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 final plat which must be approved by the City Council of Waterloo, Iowa; and
WHEREAS, said addition is to be known as Audubon Heights Sixth Addition; and
WHEREAS, it is the desire of the City Council of the City of Waterloo, Iowa, that sanitary sewers, stonn sewers,
curb and gutter, street paving and concrete street paving and 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 desires, 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 final 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 the 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, his 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 party of the addition in the event that Second Party fails to comply with the provisions of this Contract.
IT 1S FURTHER AGREED, that said improvements shall be completed no later than the 1 lth day of September,
2018, 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 12th day of September, 2017.
MIDWEST DEVELOPMENT CO.
13y:
SECOND PARTY
CITY OF WATERLOO, IOWA
By:
1
Quentin M. Hart, Mayor
ATTEST:
f3yr
elley Felchie,
FIRST PA TY
erk