HomeMy WebLinkAboutRESOLUTION NO. 02-01-08-1 RESOLUTION 02-01-08-1
RESOLUTION APPROVING DEVELOPMENT AGREEMENT WITH
GORDON SEVIG PRAIRIE VIEW ESTATES
WHEREAS, the City of Fairfax and Gordon Sevig desire to enter into a
Development Agreement for Prairie View Estates in the City of Fairfax,
NOW THEREFORE BE IT RESOLVED,by the City Council of Fairfax, Iowa.
that the Mayor and City Clerk are hereby authorized and directed to execute the said
Agreement.
Passed this " day of January 2002.
AYE' YAC l ✓
NAY: A10-12--e
ABSENT:
Bill Voss,Mayor
ATTEST:
+MarPac , City Clerk
DEVELOPMENT AGREEMENT
This Agreement is. entered into on the
9 day of �tyr 200 , by
,and between the City of Fairfax, Iowa (hereinafter referred to as "City ) and Gordon C.
Sevig (hereinafter referred to as "Developer").
WHEREAS, the Developer is the owner of certain property located within the
City, more particularly described on Exhibit "A" attached hereto (the "Property") and
WHEREAS, the City has entered into a 28E "Agreement with the-City of Cedar.
Rapids, Iowa, to provide sanitary sewer service to the Property, and
WHEREAS, the City has also entered into an agreement with the City of Cedar
rapids, Iowa, which establllislhes the terms and conditions for the provision of sanitary
sewer to the Property and,
WHEREAS, the parties desire to enter into an agreement to establish the
responsibilities between the parties for complying with the terms and conditions for
providing sanitary sewer to the Property.
NOW, THEREFORE, .In Consideration of the Mutual Obligations Contained In
This Agreement, The Parties Agree As Follows:
1. Developer agrees to locate a residential development of approximately 148
residential lots on the Property described in Ex ilbit"A",
2. City agrees to enact such Ordinances and promulgate such regulations as are
required by, the 28E Agreement and the Agreement For Provision of Sanitary
Sewer Service between the City and the City of Cedar Rapids, Iowa.
3. Developer agrees to pay to the City within 10 days of date of invoice a portion of
the system development/connection charges as outlined in Section 12(a) of the
Agreement For Provision of Sanitary Sewer Service. This portion shall be the
following items of Section 12(a):
Currently
(1) Prairie Creels Extension. $197.50 per Siingle Family Residential Unit
(2) Sanitary Sewer System. $197.50 per Siingle Family Residential Unlit
The City of Cedar Rapids may review this fee periodically and make
appropriate adjustments to reflect Consumer (Price Index (CPI) changes and
other relevant factors, including cost of service analysis. Such changes shall
be incorporated in this agreement.
The City will invoice the above charges on a quarterly basis and the charge shall
be based on the number of lots for which a building permit has been issued.
Failure of the Developer to pay the invoice within 10 days of the date of invoice
shall result in the suspension of the issuance of building permits within the
Property until the invoice has been paid in full.
4. This Agreement shall be governed and constructed under the laws of the State of
Iowa.
5. This Agreement shall constitute the entire Agreement between the City and
Developer.
6. The terms of this Agreement may not be amended except by written agreement
between the City and the Developer.
7. The rights and obligations in this Agreement shall be binding upon and inure to
the benefit of all heirs, successors and assigns of the Developer and the City and
any subsequent owner of the Property.
Dated this 74 day of � s��'�'��/ , 200'
CITY OF IFAIRFAX, IOWA
BY-
BY:
Dated this _ day of , 20032,
DEVELOPER
GORDON C. SEVIG