2013-090 Council Resolution - Laserfiche WebLink

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• • • WHEREAS, the City of Centerville and the City intend to enter into a Joint Powers Agreement (the "JPA "), providing for the cities' respective responsibilities regarding construction of the Improvement Project; and WHEREAS, the City is willing to construct the Improvement Project in accordance with the JPA and without certain notices or hearings, provided the assurances and covenants hereinafter stated are made by the Owner to ensure that the City will have valid and collectable special assessments as they relate to the Subject Property to finance all of the costs of the Improvement Project and that all necessary right -of -way is provided to the City, at no cost to the City; and WHEREAS, were it not for the assurances and covenants hereinafter provided, the City would not construct the Improvement Project without such notices, hearings and right -of -way and is doing so solely at the behest, and for the benefit, of the Owner. NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. The Owner hereby petitions the City for construction of the Improvement Project. 2. The Owner represents and warrants that it is the owner of 100 percent of the Subject Property, that is has full legal power and authority to encumber the Subject Property as herein provided, and that as of the date hereof, it has fee simple absolute title in the Subject Property, which is not subject to any liens, interests or encumbrances, except as listed on the attached Exhibit C. 3. The Owner requests that up to 4664714944- of the cost of the Improvement Project be assessed against the Subject Property ( "Project Cost "). The parties agree and understand that the principal amount to be assessed for the Improvement Project will not exceed the Project Cost. 4. The City shall provide the plans and specifications for the Improvement Project. The cost of drafting the plans and specifications ( "Design Cost ") is included in the Project Cost and will be assessed with the other Project Costs pursuant to the provisions of this Agreement if the Improvement Project is constructed. In order to ensure that the City is reimbursed for the 2