HomeMy WebLinkAboutLaura and Mike Hoy-4/1/2013Please return this copy to:
City Clerk & Finance Department
715 Mulberry Street
Waterloo, IA 50703
DEVELOPMENT AGREEMENT
This Agreement is made and entered into this 1 day of i t2013, by
and between Laura and Mike Hoy), Hereafter called Developer, and the City o Waterloo, Iowa,
hereinafter called City.
WHEREAS, City considers development within the City a benefit to the community and is
willing for the total good and welfare of the community to sell city -owned property not needed for
current or future public purposes so as to encourage that goal, and
WHEREAS, Developer is willing and able to make improvements to a residential property
that will have a minimum assessed value of $ 45,000 upon completion of the improvements on
property legally described on attached Exhibit "A", and
WHEREAS, said improvement of said property shall be completed in a 1 -year period by
Developer, and
NOW, THEREFORE, IN CONSIDERATION OF THE 'UTUAL COVENANTS
HEREINAFTER CONTAINED, Developer and City agree as follows:
1. The City agrees to transfer property or cause to be transferred, as legally described,
for a minimum of $5,000 plus costs. The City shall convey, or cause to be conveyed,
the property by Quit Claim Deed.
2. Developer agrees to Purchase a residential house addressed as 335 Almond Street,
and take out necessary permits within 30 days, from the date of this agreement. Said
improvements shall be made in accordance with all applicable City, State, and
Federal building codes and be in compliance with all applicable city ordinances, and
in accordance with Exhibit "B".
3. Developer must obtain a building permit and begin construction within one (1) month
of the date of transfer and be completed within twelve (12) months. If, after transfer of
the property by the City to developer, construction is not commencing in accordance
with the attached schedule as described, the title to the real estate will revert to City
of Waterloo, free of any liens, encumbrances, etc. against said property. Developer
agrees to sign all necessary documents for said reversion. If construction is not
completed, at the end of twelve (12) months, but the development of the project is
still imminent, the City Council may but shall not be required to grant an extension of
time for the rehabilitation of the building. Partial start of improvements, not in
accordance with the requirement to improve the house locally known as 335 Almond
By:
Street within the one (1) month period will also initiate the above requirement for
reversion of land or full payment, as previously described.
4. After Developer's completion of improvement of residential house, as previously
described, any and all reversion rights granted to City, relating to any or all of the
property described in Exhibit "A" shall terminate.
5. If the developer has reason to sell said residential structure in the future, the
developer will first offer said property to City of Waterloo for fair market value
according to appraisal reports completed at the time of acquisition.
6. NOTICE: All notices, request, and other communication permitted or required herein
shall be in writing and shall be effective when delivered to the addressee in person or
when sent to such address by United States registered or certified mail, retum receipt
requited, postage prepaid, or by hand delivery, or fax, addressed as follows:
For the City:
Mayor Buck Clark
City Hall
715 Mulberry Street
Waterloo, Iowa 50703
With copy to City Planner
For Developer:
Laura and Mike Hoy
7. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the
successors and assigns of Developer.
8. IN WITNESS WHEREOF, the parties have executed this Agreement the date and
year written above.
Laura Hoy Date
Mike Hoy Date
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Doc ID: 0047E3260002 Type: GEC.
Kind DEED
Recorded: 05/08/2012 at 12:30:09 PM
Fee Amt: $17.00 Page 1 of 2
Revepue Tax: $0.00
Elack Hawk County Iowa
JUDITH A MCCARTHY RECORDER
Fi102012®00020633
ciLtol °N(laWor - David) 301040)
IN AND FOR BLACK HAWK COUNTY
CITY OF WATERLOO, IOWA,
42-6005327
Petitioner,
vs.
WILLIAM TATE, SR.,
• EUGENE TATE,
DUANE TATE,
J. P. MORGAN CHASE BANK, N.A., fks
Bank One,
BLACK HAWK COUNTY, IOWA,
IOWA DEPARTMENT OF HUMAN SERVICES -
Estate Recovery Program,
Respondents.
2012 NAY -i Al 9: 20
BLACK FSA? ' ij i
No. EQCV 118281
ORDER
NOW on this4th`day of May, 2012, this matter comes before the Court as scheduled for
hearing. Present is Attorney David R. Zellhoefer representing the Petitioner, City of Waterloo,
Iowa. . Prior'to today's date, Respondents, Black Hawk County, Iowa and Iowa Department of
Human Services -Estate' Recovery Program, filed Answers consenting to the issuance of a Decree
in this matter. No other Respondents have appeared or answered on this matter, and none appear
•today. Those Respondents are hereby found to be in default.
The Court notes that proof of service on all parties has been shown. The Petition and
Original Notice were posted on .the property by the Black Hawk County Sheriff's Office at 335
Almond Street, Waterloo, Iowa on February 10, 2012. Proof of service by certified mail for the
remaining Respondent's was filed with this Court on March 5, 2012. The Court finds that all
Respondents have been appropriately served.
File Number: 2012-00020638 Seq: 1
Rage 2 of 2)
-2-
THE COURT MAKES THE FOLLOWING FINDINGS OF FACT:
1. That 335 Almond Street, Waterloo, Iowa, is legally described as:
The West 51 feet of Lot No. 4 in Block No. 65 in The Cooley
Addition to Waterloo, Iowa.
This is a residence and not a commercial building. There are presently no utilities
being provided to the property. The property is unoccupied and has been vacant
for a number of years. There is a large presence and accumulation of uncut
vegetation on the property. No one has cared for this property for a number of
years, and the City and adjoining neighbors have been forced to undertake these
tasks in the absence of anyone willing to step forward. The property does not
meet the City's housing code for being fit for human habitation or occupancy.
paid and the property is not being maintained. No utilities are being provided to
the property.
2. That because of the findings of fact made above, the court determines that the
property is an abandoned building pursuant to Section 657A.1OA.
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED, that the property cited
above is an abandoned property pursuant to Section 657A.1OA; judgment is hereby ordered in
favor of the Petitioner, City of Waterloo, Iowa, and the Court hereby awards title of this property
to the City of Waterloo, free and clear from any liens and encumbrances. The Clerk shall notify
the Black Hawk County Auditor's Office, Assessor's Office, Recorder's Office and Treasurer's
Office, so that these offices may take note of this Order and adjust their records accordingly.
Court costs shall be taxed to the Petitioner.
cc: City of Waterloo
1 the Clark of the District Corm to and for
track Hs:# Catmiy. I0 va. hart y cry
Vial en t::- b a tva. cc: -nd
corflpg:.: copy of the instrurr.::..:. ..'igt
that appears of record It the C:.. to
Clerk of District Court In and :_:
Hawk Courtly, town ezy
M to , •2_.
BLACIGUM COUNTY
QTp RICTcouRr
KKSil.uu r 08812881
tht
Judge oie First Judicial District of Iowa
Copy hereof malted or deliver -60
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County Atty -1?-er,
cratrer
Sheriff
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Mailed 5/o6/17
File Number: 2012-00020638 Seq: 2