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HomeMy WebLinkAbout2017-303-4/24/2017(RECORDED)11 I 111 11 11 10110111001111111 11 IDI 11 Doc ID: 007619660002 Type: GEN Recorded: 05/04/2017 at 04:25:26 PM Fee Amt: $12.00 Page 1 of 2 Black Hawk County Iowa SANDIE L. SMITH RECORDER File2017-00019310 Prepared by LeAnn M. Even, Deputy Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2017-303 RESOLUTION AUTHORIZING SALE AND CONVEYANCE OF 1330 SCOTT AVENUE TO TIM MOYER FOR $28,000, AND AUTHORIZE CITY ATTORNEY TO PREPARE AND DELIVER DEED ACCORDINGLY. WHEREAS, the City of Waterloo, Iowa is the owner of real property in the City of Waterloo, Iowa, as describe below, and WHEREAS, an offer to purchase the City owned property, generally located at 1330 Scott Avenue, has been made by Tim Moyer, in the amount of $28,000, and WHEREAS, a public hearing was held on April 24, 2017, at 5:30 p.m. in the Harold E. Getty Council Chambers, City Hall, Waterloo, Iowa, as provided by law, by the Council of the City of Waterloo, Iowa, on the proposal to sell and convey said property owned by the City of Waterloo, Iowa, to Tim Moyer, and WHEREAS, it is the opinion of this council that said sale and conveyance should be made as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: 1. The following described real property, as fully described in the published notice in the Waterloo Courier on April 19, 2017 is not presently needed and will not be needed in the foreseeable future for municipal purposes and its ownership is serving no municipal purpose, and 2. That the offer of Tim Moyer to purchase real property for the sum of $28,000, is hereby accepted for real property described as follows: LOT 19 OF BLACK HAWK SUBDIVISION, WATERLOO, BLACK HAWK COUNTY, IOWA 3. That the City of Waterloo, Iowa conveys said parcel of real property described above to Tim Moyer by Quit Claim Deed. 4. That the Mayor Pro Tem and Deputy City Clerk are authorized and directed to execute said Quit Claim Deed. 5. That the original of said Quit Claim Deed fully executed and acknowledged is hereby approved and confirmed by this Council. 6. That the Community Planning & Development Director is authorized and directed to deliver said Quit Claim Deed to Tim Moyer upon receipt of $28,000. PASSED AND ADOPTED this 24th day of April 2017. We, f se—/ -,e Ron Welper, Mayor Pro Tem Resolution No. 2017-303 Page 2 ATTEST: LeAruk M. Even Deputy City Clerk • qve,-4,-- CERTIFICATE I, LeAnn M. Even, Deputy City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution 2017-303, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 24th day of April 2017. SEAL Witness my hand and seal of office this 28th day of April 2017. LeAnn . Even Deputy Clerk ity CI 11111111111 11101 iii 1011 11 11 11 11 01 11 Doc ID 007619670001 Type GEN Recorded: 05/04/2017 at 04:26:16 PM Fee Amt: $12.00 Page 1 of 1 Revenue Tax: $0.00 Black Hawk County Iowa SANDIE L. SMITH RECORDER F11e2017-00019311 J J Prepared by David R. Zellhoefer, City Attorney, 715 Mulberry, Waterloo, IA, 50703, telephone (319) 291-4327 TAX STATEMENT: Timothy L. Moyer, 4415 GilbertviIle Road, Waterloo, Iowa 50701 SPACE ABOVE THIS LINE FOR RECORDER QUIT CLAIM DEED For the consideration of ($28,000.00) Twenty-eight Thousand and no/100 Dollar(s) and other valuable consideration, plus costs CITY OF WATERLOO, IOWA does hereby Quit Claim to TIMOTHY L. MOYER, A MARRIED PERSON, all our right, title, interest, estate, claim and demand in the following Black Hawk County, Iowa: -described real estate in (2016)• in and to the real estate. or plural number, and as masculine or IOWA . //jr� •4di/ 6.7 Lot 19, Black Hawk Subdivision, Waterloo, Iowa. Parcel No. 8913-28-151-020 This transaction exempt from Documentary Stamp and Declaration of Value per Iowa Code §428A.2(6) Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular feminine gender, according to the context. Dated: April 2+, 2017 CITY//O OFF/` WATERLOO, - _ — C - Ron Welper, • ATTEST: .).' Mayor Pro Tem 7 Public in and for the State of Iowa, who, being by me duly sworn, did City of Waterloo, Iowa; that the seal that the instrument was signed and in the Resolution adopted by the City 24"' day of April, 2017, and that Ron their voluntary act and deed and the U 16 �2. LeAi -I Even, puty, City Clerk STATE OF IOWA, COUNTY OF BLACK HAWK ) ss On this 24th day of April, 2017, before me, the undersigned, a Notary personally appeared Ron Welper and LeAnn Even, to me personally known, and say that they are the Mayor Pro Tem and Deputy City Clerk, respectively, of the affixed to the foregoing instrument is the corporate seal of the corporation, and sealed on behalf of the corporation by authority of its City Council as contained Council, under Council Action No. 14364(➢ of the City Council on the Welper and LeAnn Even acknowledged the execution of the instrument to be y9,btintaiy''a„t and deed. of the corporation, by it voluntarily executed. �:: > t / _ � ca j ota Public r and for e State of Iowa -15 (.)(3 Via) QUIT CLAIM DEED TO Entered upon transfer books and for taxation this day of , 19 Auditor By Deputy Filed for record, indexed and delivered to County Auditor this day of 19 , at o'clock M., and recorded in of Black Hawk County Records. Recorder's Fee $ PAID Auditor's Fee $ PAID Recorder By Deputy WHEN RECORDED RETURN TO: CITY OF WATERLOO, IOWA 715 Mulberry Street Waterloo, Iowa 50703 1111131111111111111011111111 Doc ID 0076 9680002 TVPe GWH K nd GROUND WATER HAZARD STATEMENT Recorded: 05/04/2017 at 04:26:26 PM Fee Amt: $0.00 Page 1 of 2 Black Hawk County Iowa SANDIE L. SMITH RECORDER Fi1e9998-00005587 REAL ESTATE TRANSFER -GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name City of Waterloo, Iowa Address 715 Mulberry Street, Waterloo, Iowa 50703 Number and Street or RR TRANSFEREE: Name Timothy L. Moyer City, Town or P.O. State Zip Address 4415nmDilbe etville Road, Waterloo, Iowa 50701 Address of Property Transferred: 1330 Scott Avenue, Waterloo, Iowa 50701 Number and Street or KH State Lip bity. !mei State ap Legal Description of Property: (Attach if necessary) Lot 19, Black Hawk Subdivision, Waterloo, Iowa. Parcel No. 8913-28-151-020 1. Wells (check one) N There are no known wells situated on this property. ❑ There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) N There is no known solid waste disposal site on this property. ❑ There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) O There is no known hazardous waste on this property. ❑ There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) IC There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) ❑ There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) 5. Private Burial Site (check one) There are no known private burial sites on this property. ❑ There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) K] All buildings on this property are served by a public or semi-public sewage disposal system. ❑ This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. u There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. ❑ There is a building served by private sewage disposal system on this property. Weather or ' other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. ❑ There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. © There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] ❑ This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: ❑ The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: Signature: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. C(�feror"or Agent Telephone No.: ( 319) 291-4366 FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) 11111211111 11111111111 ll11111111 Doc ID: 007619690007 Ty e: GEN R rded 05/04/2017 at 04:26 52 PM Fe Amt: $37.00 Pape 1 of 7 B1a k Hawk County Iowa SANDIE L. SMITH RECORDER F11e2017-00019312 Preparer inrormatiauor,, Christopher W. Western 715 Mulberry Street Waterloo Iowa 50703 (319) 291.4366 Name Address City Phone SPACE ABOVE THIS LINE FOR RECORDER DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of April 24, 2017 by and between Tim Moyer, (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and deconstruct existing building and related improvements on property located at 1330 Scott Avenue, and legally described on Exhibit "A" attached hereto (the "Property"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company for the sum of $28,000 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record which do not, in Company's opinion, interfere with Company's proposed use; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain 2 DEVELOPMENT AGREEMENT Page 2 whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title preparation. 2. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to rehabilitate in a timely manner constitutes a material inducement for the City to convey the Property or to cause the Property to be conveyed, to Company and that without said commitment City would not do so. Measured from the date the Property is deeded to Company, Company must obtain permits and begin construction within one (1) month and substantially complete rehabilitation no later than April 24, 2018. If Company has not, in good faith, begun the rehabilitation of the Improvements on the schedule stated above, then title to the Property shall revert to the City, except as provided in this Agreement; provided, however, that if construction has not begun within the state period but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the Property shall revert to the City after the end of said extended period. If Company determines at any time that the Project is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the Property to City by special warranty deed, and thereupon neither party shall have any further obligation under this Agreement except as expressly provided. If development has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction of the Project shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension then title to the Property shall revert to the City. 3. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, or encumbrance arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Property. If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney-in-fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney-in-fact. DEVELOPMENT AGREEMENT Page 3 Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any lien, claim, charge, or encumbrance on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City in advance of Company's execution of any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 6. Water and Sewer. Company will be responsible for extending water and sewer service to any location on the Property and for payment of any associated connection fees. 7. Reserved 8. Reserved 9. Reserved 10. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 11. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. DEVELOPMENT AGREEMENT Page 4 B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 12. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 13. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 14. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, to Tim Moyer, 4415 Gilbertville Road, Waterloo, Iowa 50701, Attention: Tim Moyer Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (Hi) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such DEVELOPMENT AGREEMENT Page 5 transmission was successful. A party may change the address for giving notice by any method set forth in this section. 15. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 16. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 17. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 18. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 19. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 20. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 21. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 22. Time of Essence. Time is of the essence of this Agreement. DEVELOPMENT AGREEMENT Page 6 IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: Ron Welper, Mayor Pro Tem /1 Attest: r' (__ (` V . LeAnn Even\Deputy tjty Clerk Tim Moyer By: //i / en -'21-' Tim Moyer EXHIBIT "A" Legal Description of Property Lot 19 of Black Hawk Subdivision, Waterloo, Black Hawk County, Iowa.