HomeMy WebLinkAboutChris Olson, DK Mgmt - Repair and Assessment Agmnt-10/2/2017Prepared by Dave Zellhoefer, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. (319) 291-4327
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
and between Chris Olson, DK Management ("Owner's Agent") and the Cit/of Waterloo, Iowa ("City").
, 2017, by
WHEREAS, Owner's Agent is the property manager of real property located at 1013 West Third
Street, Waterloo, Iowa, also known as assessor parcel no. 8913-26-329-003 and legally described as the
Southwesterly 40 feet of the Northwesterly 30-2/3 feet of Lot 2, Block 1, and the Southwesterly 40 feet of
Lot 3, Block 1, Whitney and Sedgwick's Addition to the City of Waterloo, Iowa (the "Property"); and
WHEREAS, the Property has sidewalk in the public right of way that is in need of repair pursuant
to City's standard criteria, as noted in a repair notice letter sent by the City of Waterloo Engineering
Department dated July 13, 2017; and
WHEREAS, the Owner's Agent wishes to have the City of Waterloo make the repairs through its
FY 2018 Sidewalk Repair Assessment Program — Zone 7, Contract #931 ("Program") ; 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's Agent hereby consents to City's repair of seven (7) 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's Agent 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 the Owner's Agent a proposed estimate of the cost to
repair the sidewalk panels, namely, $1,518.48. Owner accepts such estimated cost and acknowledges that
the actual cost may be less than, but no greater than, the estimate provided. After cor .hletion, City will
bill Owner's Agent the actual cost of repair and the costs incurred by the ';i+, of Waterloo for
implementing the Program as allowed under the Code of Iowa, and Owner's Agent 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's Agent 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 WATERLOO, IOWA
By:
is O1sorMK Management Quentin Hart, Mayor
Attest: Yid
Logy Felch
KL,
2
City Clerk