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HomeMy WebLinkAboutRESOLUTION NO. no number given AGREEMENT The City of Fairfax, Iowa ( City) , and Ray Davis and Anne Davis , husband and wife , (Davis) , agree as fellows; 1 . Davis shall be allowed to erect a wooden picket fence on the south side of a lot owned by the City and legally described as follows® South 70 Feet of the East 30 Feet of Lot 8 , Block 2 , Original Town of Vanderbilt, in Fairfax , Linn County, Iowa. 2 . Davis shall construct and erect the fence in a good and workmanlike manner, which shall include two ( 2) adjoining eight ( 8 ) foot removable sections, in order to allow ingress and egress by the City to the above described lot. 3 . Davis shall maintain and repair the fence in a good and safe condition. 4 . Davis shall mow the grass on the aforedescribed lot. 5 . Davis shall indemnify and hold the City harmless from all claims, liability, damages and costs, including attorney fees, incurred by the City as a result of the fence and/or the construction, erection and/or maintenance of the fence on the lot. 6. Davis acknowledges and agrees that the City owns the aforedescribed lot and that Davis shall not claim any adverse possession of the lot by reason of the erection and maintenance of the fence or maintenance of the lot by Davis. 7 . This Agreement shall terminate and be null and void upon the sale or transfer of the real estate owned by Davis which adjoins the above described lot. Further, the City or Davis may terminate this Agreement at any time, upon 30 dales written notice to the other. Dated this day of , 1988 . r City of Fairfax, Io a Ray Davis B y� Anne Davis STATE OF IOWA ) ss. COUNTY OF LINN ) On this %l '144 day ofIC)88, before me , the undersigned,-ai-notary publ9i �in�andor the State of Iowa , personally appeared Ray Davis and Anne Davis, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. we er Notarr Public in an for the State o Iowa