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HomeMy WebLinkAboutDeer Creek Development, LLC - Contract - 3/27/2006 a 3--2 7— d cP �OOG CONTRACT This Agreement entered into this a7 day of rv\o� 2006, by the City of Waterloo, Iowa, hereinafter referred to as First Party and Deer Creek Development, L.L.C., hereinafter referred to as Second Party. THAT WHEREAS, the Second Party has filed with the City Plan and Programming 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 Deer Creek Plat No. 2, in the City of 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, 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, concrete street paving and concrete sidewalks, all in accordance with the preliminary plat, heretofore filed with the City Plan and Program 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 IS FURTHER AGREED, that said improvements shall be completed no later than the 1st day of November, 2008, 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 a 7 day of J 2006. DEER CREEK DEVELOPMENT, L.L.C. CITY OF WATERLOO, IOWA By: #wj By: �— Harold L. Y t, Member/Manager Timothy J. H e kayo4ra SECOND PARTY ATTEST: By. Nancy: ckert, Cit Clerk FIRST PARTY PETITION AND WAIVER THIS AGREEMENT made and entered into by and between the City of Waterloo, Iowa, hereinafter called the City, and the undersigned property owners in said City, hereinafter called the Property Owners, WITNESSETH: WHEREAS, each of the Property Owners is respectively the owner of the tracts of real estate set opposite their names; and WHEREAS, the City proposes to construct public improvements in said City; and WHEREAS, the undersigned Property Owners desire that the improvements be constructed to benefit their respective properties hereinafter described opposite their names, the general description and location of said improvements being as follows: sanitary sewers, storm sewers, curb and gutter and concrete street paving in Deer Creek Plat No. 2, in the City of Waterloo, Black Hawk County, Iowa. The properties to be assessed are described as follows: Lot One (1) of Deer Creek Plat No. 2, Waterloo, Black Hawk County, Iowa. NOW, THEREFORE BE IT AGREED AMONG THE PARTIES HERETO AS FOLLOWS: As soon as practicable the City shall have the right to cause said above-described improvements to be constructed in accordance with in all respects, 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 hereinbefore set out, the City may elect to enter into contract for the construction of said improvements as a part of the contract for a public improvement project made pursuant to advertisement for bids done prior to the receipt of this instrument by the Council, if authorized by Section 384.41(2) of the City Code of Iowa. In consideration of the construction of the said improvements, the undersigned Property Owners 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 again the abutting or adjacent property. The undersigned Property Owners each and all hereby expressly waive each and every question of jurisdiction, the intention of the Property Owners being to authorize and direct said City to construct the said improvement without any of the formalities or legal proceedings required of cities by the statutes of Iowa in constructing said improvements. The express intention of each of the undersigned Property Owners being that said above-described 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 said 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 said improvements, to be adopted by the Council, that said City by and through its Council may make assessments against the properties of the undersigned Property Owners 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 properties hereinafter described of the undersigned Property Owners, and each of the undersigned Property Owners hereby agrees to pay the amount which is thus assessed against his 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 Property Owners hereby expressly waive every objection to said assessment. Said assessment shall be paid by the undersigned Property Owners within the time provided by the laws of Iowa for the payment of special assessments for such improvements. The amount and proportion of the cost of said improvements, to be paid by the several Property Owners, 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 finally 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, had been fully observed. Said assessments shall be paid by the undersigned Property Owners 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. Said Property Owners hereby authorize the Council of the City of Waterloo, Iowa, to pass any Resolution requisite or necessary 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 Property Owners, 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 Property Owners from their obligation to pay the assessments levied against their property for the cost of said improvements. Each Property Owner warrants that his real estate described below is free and clear of all liens and encumbrances other than for ordinary taxes, except for such liens as are held by lienholders hereinafter listed and designated as signers of this Petition and Waiver. Each Property Owner further agrees to subordinate the sale of any party of his said property to the terms of this Petitioner and Waiver, and, upon failure to do so, to pay the full amount of the assessment on demand. Each lienholder 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. Property Owners 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 signature this, _ day of LZ y--Af-qa 2006. DEER CREEK DEVELOPMENT, L.L.C. (Property Owner) By: Harold . o lut, Manager STATE OF IOWA ) ss: COUNTY OF BLACK HAWK ) On this. �1 day of��Y h-y , 2006, personally appeared Harold L. Youngblut, as Manager of Deer Creek Development, L.L.C. LINDA BEGALSKE Notary Public in an for the State of Iwao COMMISSION NO. 121573 MY OM ON EXPIRES IOWA