HomeMy WebLinkAboutJohn & Dan Properties, LLC - Contract and Petition and Waiver - 3.6.2023 CONTRACT
This Agreement entered into this ...77'1 day of , 2023 by the City of Waterloo, Iowa,
hereinafter referred to as First Party and John&Dan Properties LLC. ,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 fmal plat which must be approved by the City Council of Waterloo,
Iowa, and
WHEREAS,said addition is to be known as San Marnan Business Park 1st Addition.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, street paving and concrete sidewalks and trails 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 a civil engineer registered in the state of 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 desire, 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 and trails,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 City Ordinances pertaining thereto and under the supervision of a civil engineer registered in the
state of 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, its request for sanitary sewer, storm sewer, curb and gutter,
street paving and concrete sidewalks and trails construction Petition and Waiver of Notice,Hearing and Assessments
thereon, for the sole purpose of allowing the City of Waterloo to proceed to construct said public improvements and
assess the costs thereof against the benefited property of the Addition in the event that the Second Party fails to
comply with the provisions of this Contract, in accordance with the waiver set forth in said Petition and Waiver of
Notice,Hearing and Assessments.
IT IS FURTHER AGREED, that said improvements shall be completed by the Second Party no later than
the day of , 2023, 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, to the extent that
the Second Party has failed to complete said improvements by said date.
WITNESS . 1 signatures hereto this day of e, , 2023.
JOHN&DAN P' • ' :�, LLC CITY OF WATERLOO, IOWA
By: •II, i By:
Its Authorized -m i- 7r:JO. Mayor
ATTEST:
By:
Ci Clerk
SECOND PARTY FIRST PARTY
STATE OF IOWA )
) SS
BLACK HAWK COUNTY )
On this -j 1 day of IM0 , 2023,before me, a notary public in and for the
State of Iowa,personally appeared Jeffrey L.Zaputilfas authorized member/manager of John&Dan Properties,LLC
to me known to be the person named in and who executed the foregoing instrument and acknowledged that he
executed the same as his voluntary act and deed.
o.PcdA JORDAN ZAPUTIL
z - COMMISSION NO.781379
* * MY COMMISSION EXPIRES
Iowa DECEMBER 10,2025
I 1 4
Notary Public in and for the St, ' o ,4 • weir
STATE OF IOWA )
) SS
BLACK HAWK COUNTY )
On this /1^#11 day of /be. ,2023,before me,a Notary Public in and for
the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, the Mayor and City Clerk, respectively, of
the City of Waterloo,Iowa,to me known to be the persons named in and who executed the foregoing instrument and
acknowledged that they executed the same as their voluntary act and deed.
Lk
-w: . " '.ri NI C PERKINS
:5.` ?."MISSION NO.845529
' ,', ,..; ...MMISSION EXPIRES
i� „ :uARY 27,2026 No Pu is an or State of Iowa
�''^i.. EBF�ITNI C P_F.: "NNN„
` ; wOOMMISSION NO. 29
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iow,,, .`. I VARY 27,202i.
PETITION AND WAIVER
THIS AGREEMENT is made and entered into by and between the City of Waterloo,Iowa,hereinafter
called the City,and John&Dan Properties,LLC,hereinafter called the Property Owner,WITNESSETH:
WHEREAS,the Property Owner owns tracts of real estate to be developed as the San Martian Business
Park 1st Addition,Waterloo,Black Hawk County,Iowa;and,
WHEREAS,the City proposes to construct the San Maman Business Park 1st Addition improvements
pursuant to a Contract of even date herewith between said parties,in the event that the Property Owner does not
construct said improvements according to said Contract;and,
WHEREAS,the Property Owner desires to enter into this Petition and Waiver to facilitate construction of
said improvements by the City if necessary according to said Contract;and,the general description and location of
said improvements being as follows:
Plan of Improvements for"San Martian Business Park 1st Addition,Waterloo,Black Hawk
County,Iowa",as approved by the City of Waterloo,Iowa with regard to said Addition.
The properties to be assessed,in the event of construction of said improvements by the City,are described
as follows:
San Marnan Business Park 1st Addition,Lots 1-14
NOW,THEREFORE,BE IT AGREED AMONG THE PARTIES HERETO AS FOLLOWS:
In the event that the Property Owner fails to construct said improvements as required in said Contract,the
City shall have the right to cause said above described improvements to be constructed in accordance with in all
respects,the plans and specifications for the above described improvements as said improvements are set forth in the
San Maman Business Park 1st Addition Plat and the City approval thereof The construction of said improvements
shall be under the supervision of a civil engineer registered in the state of Iowa.
For the purpose hereinbefore set out,the City may elect to enter into contract for the construction of said
improvements according to law.
In consideration of the construction of said improvement as aforesaid,the undersigned Property Owner
hereby waives 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 against the abutting or adjacent property. The undersigned Property
Owner hereby expressly waives each and every question of jurisdiction,the intention of the Property Owner being to
authorize and direct said City to construct the said improvements without any of the formalities or legal proceedings
required of cities by the statutes of Iowa in constructing like improvements. The express intention of the
undersigned Property Owner 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 by the City in
accordance with relevant plans and specifications for the said improvements,that said City by and through its
Council may make assessments against the properties of the undersigned Property Owner 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 above described of the undersigned
Property Owner,and the undersigned Property Owner hereby agrees to pay the amount which is thus assessed
against its 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. The undersigned Property
Owner hereby expressly waives every objection to said assessment. Said assessment shall be paid by the
Petition and Waiver Page 1 of 3
undersigned Property Owner 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 assessed against each lot in said
Addition,to be paid by the Property Owner, 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 fmally 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 all legally required steps been fully observed. Said
assessments shall be paid by the undersigned Property Owner 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 Owner hereby authorizes 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 Owner,and any such
Resolution may contain recitals that said improvements are ordered or made by the Council,without in any way
qualifying this Petition or releasing the Property Owner from its obligation to pay the assessments levied against its
property for the cost of said improvements.
The Property Owner warrants that its 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. The Property Owner further agrees to subordinate the sale of any
part of its said property to the terms of this Petition 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 Owner agrees 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,the parties have we have hereunto affixed our signature this /!I day of
2023.
(SIGNATURE OF PROPERTY OWNER)
John&Dan ' .It-rties,LL
Name /116
I'
By: li'' .
Jeffery I . .111,1 pp. iorized Member/Manager
(SIGNATURE 1 /1HOLDER)
'5 zapkk; 1
Name
City of Waterloo,Iowa
By:
Its Mayor ^� Dn /���
By: ��C/ilililNV
Its City Clerk
Petition and Waiver Page 2 of 3
STATE OF IOWA )
SS
BLACK HAWK COUNTY)
On this Zf 1 day of ,20 R3 ,before me,a notary
public in and for the State of Iowa,personally appeared Jeffery L.Zaputil as authorized member/ ager of John&
Dan Properties,LLC,to me known to be the person named in and who executed •- oregoing .2,( , ent and
acknowledged that he executed the same as his voluntary act and deed.
��a'Ats J ORDAN ZAPUTIL
z° COMMISSION NO.781379 , �Ilrf
* * MY COMMISSION EXPIRES 4• • . P P. ,ICI I . ' HE STATE OF
IOWA. IOWA DECEMBER 10,2025
STATE OF IOWA )
SS
BLACK HAWK COUNTY)
On this / * day of "`% ,2023,before me, a Notary Public in
and for the State of Iowa,personally appeared Quentin Hart and Kelley Felchle,the Mayor and City Clerk,
respectively,of the City of Waterloo,Iowa,to me known to be the persons named in and who executed the
foregoing instrument and acknowledged that they executed the same as their voluntary act and deed.
opP'ALs� BRITNI C PERKINS
= r COMMISSION NO.845529
;ar_-.glilliVIS
* * MY COMMISSIONU 27,EXPIRES NO • ' 717 �C I .,ND . E STATE OF
IOWA IOWA
Petition and Waiver Page 3 of 3