HomeMy WebLinkAboutRESOLUTION NO. 2015-99 RESOLUTION NO. 2015-99
RESOLUTION ENTERING INTO A DEVELOPMENT AGREEMENT WITH
GORDON C. SEVIG AND SHIRLEY A. SEVIG
WHEREAS, the City of Fairfax wishes to annex additional property into the city limits;
and
WHEREAS, Gordon C. Sevig and Shirley A. Sevig are owners of some of the property
the City of Fairfax wishes to annex; and
WHEREAS, Hall and Hall Engineers, Inc., have drafted and are recommending the
attached Development Agreement.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax,
Iowa, to enter into this Development Agreement with Gordon C. Sevig and Shirley A. Sevig.
BE IT FURTHER RESOLVED, by the City Council of the City of Fairfax, Iowa, that
the Mayor and City Clerk are hereby authorized and directed to execute both this Resolution and
the Agreement.
Passed and approved this 10th day of November, 2015.
AYES: Beer, Frieden, Magers, and Wainwright
NAYS: None
ABSENT: Otto
J. •.n Rabe, Mayor
ATTEST:
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Cy is Stimson, City Clerk/Treasurer d�•��' ,s4., ,
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DEVELOPMENT AGREEMENT
THIS AGREEMENT is made and entered into on this 10th day of November, 2015, by and between THE CITY
OF FAIRFAX, IOWA("FAIRFAX"), and Gordon C.Sevig and Shirley A.Sevig ("OWNER"),owner of the property
described in Exhibit"A" (the "Property"). This Agreement is made for the purpose of extending a sanitary sewer
trunk line and water main to the Property(the "Improvements"). For the purpose of this agreement, it is
understood that this Property shall be developed jointly with another parcel located directly west of,and
adjoining this Property,which is owned by Bruce G.Sevig, and which shall be serviced by the Improvements as
one development. It is understood by all parties that the extension of Improvements to one parcel shall be
construed as service to both parcels.
OWNER RECITALS:
WHEREAS, OWNER owns the Property located near Fairfax; and
WHEREAS,OWNER or its successor may develop the Property; and
WHEREAS, OWNER desires that the Property be annexed into and become a part of the City of Fairfax,
Iowa; and
WHEREAS, if and when OWNER or its successors and assigns develops the Property, it will do so pursuant
to the ordinances and regulations of the City of Fairfax, Iowa; and
WHEREAS,OWNER has requested that FAIRFAX extend the Improvements to serve the Property if and
when OWNER or its successors and assigns develops it and as an inducement to Owner to execute this
Agreement, FAIRFAX agrees to extend the Improvements to the OWNERS Property, and to maintain said
Improvements.
NOW,THEREFORE, in consideration of the mutual obligations contained in this Agreement,the parties
agree as follows:
1. OWNER's covenants for the Property:
a. OWNER will dedicate the mutually agreeable Right-of-way and easements on the
Property necessary for the construction, maintenance and use of the Improvements at no
cost to the City of Fairfax.
b. Development of the Property shall be in accordance with all ordinances and regulations of
the City of Fairfax existing at the time of development.
2. FAIRFAX's covenants, in consideration of the covenants of OWNER that:
a. FAIRFAX will construct the Improvements to the Property with sufficient capacity to
handle anticipated sanitary sewage and water supply needs generated by development of
the Property. FAIRFAX shall provide their best effort to have Construction of the
Improvements completed no later than September 15, 2017. FAIRFAX will use its best
efforts to diligently pursue all necessary approvals, easements, right-of-way and permits
to complete the Improvements.
3.Administrative provisions:
a. This Agreement may not be amended by any party without the express written
permission of the other parties.
b. This Agreement shall be a covenant running with the Property, shall bind and inure to the
benefit of OWNER and its heirs, executors, assigns, and successors in interest and shall
constitute an obligation and create enforceable rights which may be specifically enforced
against OWNER and FAIRFAX and each of their successors in interest in addition to any
other remedy allowed by law.The obligations of OWNER and FAIRFAX set forth in this
Agreement are cumulative and in addition to all other obligations.
c. This Agreement shall be deemed to be a contract made under the laws of the State of
Iowa and for all purposes shall be governed by and construed in accordance with the laws
of the State of Iowa.This Agreement shall be null and void and of no effect if FAIRFAX is
unable,for any reason,to complete the annexation of the Property by June 30, 2016.
CITY OF FAIRFAX, IOWA Gordon C.Sevig
By i By /'\� ��� e
Jason Rabe, Mayor Owner
ATTEST: Shirley A. Sevig
By ,�Ll/ / 1 By w'/-
(�1 Cynthia Stimson,City Clerk/Treasurer �`� ! Owner
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Exhibit"A"—Legal Description
The SE 'A excepting Winifred's First Addition to Linn County, Iowa and the South 1/2 NE 1/4 Section 4-82-
8, Linn County, Iowa excepting all public highways