HomeMy WebLinkAboutShadow Creek Crossing, LC-Development Agreement-11.20.2006 CONTRACT �-eo o O 4— /
This Agreement entered into this ! S day of I VoVer ele-' ,2006, by the City of Waterloo,
Iowa, hereinafter referred to as First Party and SHADOW CREEK CROSSING, L.C., 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 Plan of Improvements("Plan")which must be approved by the
City Council of Waterloo,Iowa, and
WHEREAS, said development is to be known as SHADOW CREEK CROSSING TOWNHOME
DEVELOPMENT TO THE CITY OF WATERLOO,IOWA("Development"), and
WHEREAS, it is the desire of the City Council of the City of Waterloo,Iowa,that public sanitary
sewers,storm sewers,curb and gutter, street paving and concrete sidewalks, as scheduled in the Plan, be
installed throughout said Development and that the public streets in said Development 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 Development 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 Plan, Second Party at its sole expense,agrees
to bring the streets in said Development 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 Development
the public sanitary sewers,storm sewers, curb and gutter,street paving and concrete sidewalks,all in
accordance with the Plan,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 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, its 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 property of the Development in the
event that the 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,2011 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 I S day of NoOehmter, 2006.
SHA W CRE CROS G, L.C. CITY OF WATERLOO, IOWA
By: By:
I T. ager Mayor
ATT T: rd2J--
City Clerk
SECOND PARTY FIRST PARTY
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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; arid,
WHEREAS, the City proposes to construct public streets and sewers 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:
SCHUKEI ROAD PAVING AND STORM SEWER,AND SANITARY SEWER IN SCHUKEI
ROAD AND LOIS LANE FROM SCHUKEI ROAD TO THE WEST,ALL PURSUANT TO
PLAN OF IMPROVEMENTS FOR SHADOW CREEK CROSSING TOWNHOME
DEVELOPMENT TO THE CITY OF WATERLOO,IOWA
APPROVED BY THE CITY OF WATERLOO, IOWA ON /0004 Mb ,2006.
The properties to be assessed are described as follows:
PARCEL"B"OF PLAT OF SURVEY ATTACHED TO DOC. #2007-08586 OF PART OF THE
NW FRL. '/AND THE SW '/ OF SECTION 2, TOWNSHIP 88 NORTH, RANGE 13 WEST
OF THE 5TH P.M., BLACK HAWK COUNTY,IOWA.
NOW, THEREFORE, BE IF 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 any 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),
2005 Code of Iowa, as amended.
In consideration of the construction of the said improvement,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 against 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 like 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.
Petition and Waiver
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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 qualify 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 part of his 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 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 IS day of
NOU eirn3 tQ2006.
(SIGNATURE OF PROPERTY OWNER)
SHA D e „ - CRO G, L.C.
By: .��lAWA
Dar' ja4f anager
(SIGNATURE OF LIENHOLDER)
Name
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STATE OF IOWA )
)ss.
LlINr COUNTY )
This instrument was acknowledged before me on this day of 1�Ove.r"bef , 2006. by
Darryl T. High as Manager for SHADOW CREEK CROSSING, L.C.
D -AMA& \S-514- ()
OTARY PUBLIC IN A FOR 9-)-b`j
COUNTY, IOWA.
STATE OF IOWA )
4 / L %, )ss.
1MOUNTY )
\A This instrument was acknowledged before a on t Y ,2006, by
rih.r�ey : ,, as v ford 's day of \kw_fiv .
TAR PU LIC IN AND FOR
1.2 COUNTY, W .
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