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HomeMy WebLinkAboutThe African-American Historical Cultral Museum-6/9/2014ASSESSMENT PAYMENT AGREEMENT This agreement is entered into as of June 9, 2014, by and between the City of Waterloo, Iowa (the "City") and The African-American Historical Cultural Museum, Inc. ("Museum"). WHEREAS, Museum is the owner of real property located at 1320 E. 4th Street, Waterloo, Iowa, also known as assessor parcel no. 8913-24-133-018 (the "Property"), which is subject to assessments for various improvements and services provided by City for benefit of the Property; and WHEREAS, because the assessments have not been paid due to financial constraints faced by Museum, the Property is subject to tax sale in June 2014 to satisfy them; and WHEREAS, Museum is a local non-profit, charitable organization that focuses on the historic experience of African-Americans in Waterloo and is deemed by City to make a significant contribution to the historical and cultural fabric of the community, and to assist Museum in carrying on its mission City is willing to forestall collection of the assessments on the terms set forth in this Agreement. NOW, THEREFORE, the parties agree as follows: 1. Subject to the terms of this Agreement, City agrees to decertify the following assessments in order to remove the Property from 2014 tax sale proceedings: a. Sidewalk $3,542.32 b. Weed/mowing $ 118.00 c. Snow removal $ 311.50 2. Museum acknowledges and agrees that it is liable for the assessments and additional costs of $43.00 charged by Black Hawk County in connection with tax sale proceedings. No later than March 31, 2015, Museum shall pay City in full the sum of $4,014.82 to satisfy and discharge said liability. If Museum fails to make said payment, then City shall re -certify the assessments and costs for the sum of $4,014.82 which, if unpaid thereafter, shall again subject the Property to tax sale. 3. Museum hereby waives and forever releases any claim of illegality, invalidity, lack of authority, or similar claim that Museum has or may be capable of asserting with respect to actions by City to decertify the assessments or to recertify any of them in whole or in part, and Museum agrees to indemnify, defend and hold harmless the City, its officials, officers, employees and agents, from and against any and all such claims, demands, causes of action, costs, damages and liabilities of any type or nature whatsoever, including but not limited to reasonable attorneys' fees. 4. This agreement is the entire agreement between the parties concerning the subject matter hereof and is binding upon and shall inure to the benefit of the parties and their respective successors and assigns. It may be modified only in a written instrument signed by both parties. IN WITNESS WHEREOF, the parties have executed this Assessment Payment Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA THE AFRICAN -AMERICAN HISTORICAL CULTURAL MUSEUM, INC. By: - By: Ernest G. Clark, Mayor P ! sident P--