HomeMy WebLinkAboutDavid and Mary Staudt-8/19/2013PROJECT AGREEMENT
This Project Agreement (the "Agreement") is entered into as of
2013, by and between David and Mary Staudt, husband and wife ("Staudts"), and the
City of Waterloo, Iowa (the "City").
RECITALS
A. City considers economic and community 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. City is the owner of real property located at 519 E. 3rd Street, Waterloo,
Iowa (the "Property"), located in the Logan Plaza urban renewal area.
City intends to demolish the existing dilapidated structure and to make the
property available for development. Staudts desire to salvage
components of the structure to use on a project at a different location.
The City is willing to grant salvage rights to Staudts, and Staudts are
willing to accept and exercise such rights, on the terms set forth in this
Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants set forth herein,
the parties agree as follows:
1. Project Assistance. City will be solely responsible for all cost and
expense of survey, testing, removal and disposal of asbestos (collectively, the
"Asbestos Mitigation") from the Property. City will complete said work, or cause it to be
completed, no later than September 30, 2013. After the completion of Staudts' work
under this Agreement, the City will undertake at its own cost and expense such further
work of demolition, clearance, and site preparation as it may choose to do in the
exercise of its sole discretion.
2. Work by Staudts. In consideration of Staudts' payment to City of the
sum of $1.00, and subject to the terms of this Agreement, City grants to Staudts the
salvage rights provided for herein. Following the date that City completes the Asbestos
Mitigation, Staudts, their agents and contractors, shall have complete access to the
Property for purposes of salvaging therefrom so much of the components, features and
elements thereof as Staudts desire. Staudts shall not enter upon the Property until they
have first fulfilled the insurance requirements of Section 3. Upon completion of salvage
activities, Staudts shall demolish the remaining structure and shall remove all building
materials and debris of any type or nature from the Property, including from within the
foundation, and properly dispose of same in accordance with applicable law. Staudts
have no duty to remove the foundation, sidewalk or cement steps, if any, or to remove
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trees or bushes. All work (the "Work") to be undertaken by Staudts under this
Agreement shall be at the sole cost and expense of Staudts. During the Work, Staudts
shall secure the premises against unauthorized entry and shall erect construction
fencing or other suitable barriers for protection of the public. Staudts shall obtain a
demolition permit and such other permits as may be required by applicable law or
ordinance.
3. Insurance. Staudts shall, at their own expense, procure and maintain
comprehensive public liability insurance in the amount of not Tess than $1,000,000 per
occurrence and $2,000,000 annual aggregate. Such insurance shall cover liability
arising from the acts or omissions of Staudts, their agents and contractors, and shall
protect City against such claims, damages, costs or expenses on account of injury to
any person or persons, or to the property of same, resulting from or arising by reason of
the negligent acts or omissions or willful misconduct of Staudts, their agents or
contractors, during the term of this Agreement, whether in connection with the Work or
otherwise. Certificates or copies of said policies, naming City as an additional insured,
and providing for thirty (30) days' advance notice to City before cancellation, shall be
delivered to City within no later than the date that Staudts intend to enter upon the
Property for salvage activities. A renewal certificate shall be provided to City prior to
expiration of any policy. City shall provide no such insurance for the property or
activities of Staudts, their agents or contractors.
4. Timeliness of Work. The parties agree that Staudts' commitment to
undertake and complete the Work in timely fashion constitutes a material inducement
for the City to grant the rights provided for herein and that without Staudts' commitment
City would not have agreed to do so. Staudts must substantially complete the Work
within 180 days (the "Completion Date") after they, their agents or contractors, first
enter upon the Property to begin the Work. If the Work has not been substantially
completed by the Completion Date, then the City may provide written notice to Staudts
that, within 30 days after delivery of notice, Staudts must apply to City for an extension
of the time for completion of the Work. Failing such application by Staudts or City's
approval of same, Staudts' rights under this Agreement shall be immediately and
automatically terminated, and thereafter City may demolish the structure and charge
the cost of same to Staudts, with interest to accrue at the rate of 12% per annum,
compounded monthly, on any amount remaining unpaid for more than 30 days after
written demand for reimbursement. If the Work is diligently prosecuted but is stopped
and/or delayed as a result of an act of God, war, civil disturbance, court order, labor.
dispute, or other cause beyond the reasonable control of Staudts (an "Unavoidable
Delay"), the requirement that the Work is to be substantially completed by the
Completion Date shall be tolled for a period of time (the "Tolled Period") equal to the
period of the Unavoidable Delay, and thereafter if the Work is not completed within the
Tolled Period following the Completion Date, then the City may proceed as set forth
above.
5. Indemnity. Staudts agree that they shall indemnify City and hold it
harmless with respect to any demand, claim, cause of action, damage, cost, expense,
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injury or liability of any type or nature, including but not limited to reasonable attorneys'
fees and expenses, made, suffered, or incurred as a result of or in connection with the
Work, Staudts' 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 in connection with the Work. If City files suit to enforce the terms of this
Agreement and prevails in such suit, then Staudts shall be liable for all legal expenses
of City, including but not limited to reasonable attorneys' fees. Staudts' duties of
indemnity pursuant to this Section 5 shall survive the expiration, termination or
cancellation of this Agreement for any reason.
6. No Encumbrances. Until completion of the Work, Staudts agree that
they shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security
interest, or charge on the Property.
7. Personal Benefit; No Assignment. The rights granted to Staudts
hereunder are personal to Staudts, and the parties intend that Staudts shall be the sole
beneficiaries of the salvage rights granted herein and that Staudts shall not sell
salvaged materials to any third party. Staudts may not assign or otherwise transfer
their interest under this Agreement prior to completion of the Work, whether in whole or
in part, to any other person or entity.
8. 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, Attention:
Mayor, with copies to the City Attorney and the Community Planning and
Development Director.
(b) if to Staudts, to David and Mary Staudt,
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, or (iii) three (3) business days
following the date of deposit if mailed by United States registered or certified mail,
postage prepaid.
9. 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.
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10. 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.
11. 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.
12. Binding Effect. This Agreement shall be binding and shall inure to the
benefit of the parties and their respective heirs and personal representatives.
13. 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.
14. Entire Agreement. This Agreement 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.
15. Time of Essence. Time is of the essence of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Project Agreement by
their duly authorized representatives as of the date first set forth above.
CITY OF WATERLOO, IOWA
By:
Ernest G. Clark, Mayor David Staudt
Attest:
Suzy Schares, City Clerk Mary Staudt
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(Page 1 of 3)
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Black Hawk County Iowa
JUDITH A MCCARTHY RECORDER
n"201300008800
IOWA
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IOWA DIS IRICT COURT IN AND FOR BLACK I IAWK COUNTY
CITY OF WATERLOO, IOWA, )
42-6005327. )
Petitioner, ) No, EQCV 118991
vs. )
ALAN R. BRASE, )
SUSAN F. BRASE, )
UNITED STATES OF AMERICA -INTERNAL ) ORDER
REVENUE SERVICE, )
MAX KIRK, )
DISCOVER BANK, )
STATE OF IOWA, )
BLACK HAWK COUNTY, IOWA, )
SAMMY DANIELS, )
OHP 7 LC, and I RTL A138 I.I.0 and )
UMB BANK CO., )
Respondents. )
NOW on this 25`h day of October, 2012, this matter comes hctorc the Court as scheduled
for hearing. Present is Attorney David R. Zellhocfer representing the Petitioner, City of
Waterloo, Iowa. No one else appears on behalf of any of the Respondents. It should be noted
that Respondents, Black Hawk County, Iowa, State of Iowa, and Max Kirk, have all indicated
they do not choose to contest this matter. The remaining Respondents aro found to be in default
for lack of appearance or answer herein.
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3
File Number: 2013-00008800 Seq: 1
(Page 2 of 3)
The Court notes that proof of service on all parties has been shown. The Petition and
Original Notice: were posted on the property located at 519 E. East Third Street by the Black
Hawk County Sheriff's Office on May 16, 2012. Proof of service by certified mail for nine of
the remaining Respondents was filed with this Court on June 29, 2012. Further. the Black Hawk
County Sheriff made personal service upon Respondent, Alan R. Brase, on July 3, 2012. The
Court finds that all Respondents have been properly served.
THE COURT MAKES THE FOLLOWING FINDINGS OF FACT:
1. That 519 E. Third Street, Waterloo, Iowa, is legally described as:
The Southwesterly One-half of Lot 4;
The Southeasterly 97:3 feet of the Southwesterly 5 feet of the Northeasterly
One-half of Lot 4; and
The -Northeasterly Orn-fottrth of Lot 5; all in Block 63, in Cooley
Addition, Waterloo, lower; and also that certain undivided One-
third interest in the Southeasterly 60 feet of Lot 6, Block 63 in the
Cooley Addition to Waterloo, Iowa, which was conveyed to
Herbert M. Reed by Warranty Deed tiled June 29, 1910 and
recorded in Book 72 of Town Lot Deeds, at page 432, in the
office of the County Recorder of Black Hawk County, Iowa,
That 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 has been freed to undertake these
tasks in the absence of anyone willing to step forward. The property flocs not meet the City's
housing code for being lit for human habitation or occupancy. The property taxes have not been
paid, and are delinquent. The property has gone to tux sale and two of the Respondents are tax
certificate holders. The property has numerous open windows where rain and snow and animals
can get in. The foundation is cracked and broken in a number of places. The property is
partially hoarded up, There are holes in the soffits and the roof and siding need to he repaired or
replaced.
2. That because of the findings of fact made above. the Court determines that the
property is an abandoned building pursuant to Iowa Code Section 657A.1 OA.
File Number: 2013-00008800 Seq: 2
(Page 3 of 3)
-3-
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECRFF.D that the property cited
above is an abandoned property pursuant to Section 657A.IOA; judgment is hereby ordered in
favor of the Petitioner, City of Waterloo, Iowa, and the Court hereby a‘\ards title of this property
to the City of Waterloo, free and clear from any liens and encumbrances. The Clerk shall notify
the Rlaek 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: David R. Zellhocfcr
Assistant City Attorney
City of Waterloo
715 Mulberry Street
Waterloo, Iowa 50703
Fax No. 314-291-4286
Juof the First Judicial D;9' ict of Iowa
1, the Clr, n of the uistrlet Cast to and to
Black r fr:";;, Iowa, hereby cents
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File Number: 2013-00008800 Seq: 3