Resolutions-2014-149 (2)

PETITION TO PAVE STREETS ABUTTING SUDIVISION AND WAIVER OF NOTICE AND HEARING WHEREAS, Willow Ridge, L.C., ("Owner") being the Owner in fee of all of the land which is included in City of Tiffin in Johnson County, Iowa have submitted a preliminary plat and final plat of Willow Ridge – Part Three to the City of Tiffin, IA. WHEREAS, in conjunction with the subdivision proceedings, the Owner has entered into a Development Agreement between the City of Tiffin, which Development Agreement requires the Owner to install certain concrete and private roads within the subdivision: legally described as follows: See Exhibit “A” WHEREAS, in the event other area abutting the subdivision must be paved, the Owner hereby petitions the City of Tiffin, Iowa, as more particularly set forth herein. NOW THEREFORE, BE IT AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS: As soon as practicable the City of Tiffin, Iowa, shall have the right to cause any streets abutting the subdivision to be constructed in all respects, as it shall deem appropriate. In consideration of the construction of the said streets abutting the subdivision, the undersigned Owner hereby waive Notice thereof, all legal formalities 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, and waives each and every question of jurisdiction. The intention of the Owner is to authorize and direct said City to construct the said improvement without any of the formalities or legal proceedings required of cities in constructing like improvements. The express intention of the undersigned Owner is that said 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 by and through its Council may make assessments against the properties of the undersigned Owner for the cost of the construction of said streets abutting the subdivision, to the extent of the entire cost of that concrete pavement deemed necessary by the City Engineer, including necessary grading, seeding, and or retaining walls. The Owner agrees that this Petition shall be effective and binding from and after the approval hereof by resolution of the City Council. The Owner agrees to pay to the City of Tiffin all fees associated with recordation of this agreement and an approval resolution at the Johnson County Recorder’s Office.