HomeMy WebLinkAboutBlack Hawk County Conservation Board-9/3/2013LEASE AGREEMENT
for
CITY -OWNED PROPERTY
This Lease Agreement (the "Agreement") is made and entered into th•is3.'-'day of
.) tcV✓ , 2013, by and between the City of Waterloo, Iowa (hereinafter
referred to as "City"), and the Black Hawk County Conservation Board (hereinafter referred
to as "Lessee").
1. In consideration of the sum of $1.00 and other consideration, the receipt and
sufficiency of which is hereby acknowledged, and subject to the terms and conditions of this
Agreement, the City hereby leases to Lessee, and lessee hereby leases from the City, the City
property (the "Property") generally located along Greenwood Avenue in the Sherwood Park
area. The Property consists of multiple separately assessed parcels scattered throughout the
Sherwood Park area and is legally described in Exhibit "A" attached hereto and made a part
hereof by this reference. Adjacent to the Property, the Lessee owns or leases land known as
the Hartman Reserve Nature Center, and Lessee shall use the Property as an
expansion/ extension of the Hartman Reserve Nature Center. All uses and activities on the
Property shall be those that are incidental and customarily accessory to the use of the
Hartman Reserve Nature Center and as further allowed and restricted per the description in
paragraph 4 and 5 below, and the Property shall not be used for any other purpose
whatsoever.
2. The term of this Agreement shall commence on the 1St day of September,
2013, and continue thereafter until and including the 31st day of December , 2038.
3. The City may terminate this Agreement, as to any part or all of the Property,
upon six (6) months' written notice for any reason, provided, however, that the City may not
give such notice within the first twenty-four (24) months of the Agreement term. Lessee may
terminate this Agreement, in whole but not in part, upon thirty (30) days' written notice to
the Waterloo Community Planning and Development Department (the "Department").
Upon termination of this Agreement for any reason, any improvements made to or upon the
Property shall, unless removed by Lessee before the termination date, automatically and
without further action become the sole property of City, to be used, sold, destroyed or
otherwise handled by City at its sole discretion.
4. Lessee agrees to take the Property in "as -is" condition and agrees to maintain
the Property substantially in its condition as of commencement of the Lease term, including
but not limited to any required or desired mowing, snow removal and road maintenance.
This will include grass, prairie and/or forest management (e.g., development, care, upkeep
and maintenance), including but not limited to seeding or reseeding, fertilizing, and
trimming or tree removal for proper forest management, but shall not include tree removal
for commercial sale. Lessee agrees to maintain the Property as a natural grass, prairie or
forest area except as noted in paragraph 5 below.
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5. A majority of the Property was acquired by the City through a Hazard
Mitigation Grant Program (HMGP) with the Federal Emergency Management Agency
(FNMA) and Iowa Homeland Security & Emergency Management Division (IHSEMD). As
required by the HMGP, deed restrictions limit the use and maintenance of the Property. A
copy of said deed restrictions are attached as Exhibit "B" hereto and made a part hereof by
this reference. Lessee shall not use the Property at any time in any manner that is contrary to
said deed restrictions. The Lessee shall not construct, place, or allow to be placed any
buildings or structures on the Property except any incidental park -type structures that are
individually and specifically approved in writing, in advance, by the Department. Approval
is hereby given that Lessee may construct a boat ramp with gravel parking lot and related
facilities on the Property in Lots 50 and 51 of Sherwood Park. Lessee may construct and
maintain signs (e.g., boundary, directional, area name or regulation) as it deems necessary,
provided they comply with all applicable laws and provided further that Lessee removes
them upon termination of this Agreement. All costs associated with installing and
maintaining improvements under this paragraph shall be the sole responsibility of Lessee.
6. Lessee shall not deny the right of the public to enter upon the Property for any
lawful purpose whatsoever, but may restrict vehicular access and hours of access, except that
Lessee shall not interfere with easement rights granted by City to other persons for ingress
and egress across streets formerly known as Greenwood Avenue, Woodside Drive, N.
Hackett Road, and other unnamed streets or roads running in or through the Property.
Lessee agrees that, with respect to use of the Property, Lessee shall not exclude anyone from
participation in, deny anyone the benefits of, or otherwise subject anyone to discrimination
because of the person's race, color, creed, religion, sex, gender identity, sexual preference,
national origin, age or disability.
7. In consideration of the rights and privileges granted to Lessee under this
Agreement, Lessee hereby agrees to indemnify, defend and hold harmless the City, its
officers, employees and agents, whether appointed, elected, or volunteers, from and against
any and all costs, expenses, losses, claims, damages, liabilities, settlements and judgments,
including but not limited to reasonable attorneys' fees, related to or arising from: any breach
of this Agreement; any negligent act or omission or any misconduct of Lessee, its officers,
employees and agents, and shall further indemnify the City for any damage to the Property
caused by Lessee, its officers, employees and agents. The provisions of this paragraph shall
survive the expiration or termination of this Agreement for any reason.
City agrees to indemnify, defend and hold harmless Lessee, its officers,
employees, and agents, whether appointed, elected or volunteers, from any and all costs,
expenses, losses, claims, damages, liabilities, settlements and judgments, including but not
limited to reasonable attorneys' fees, related to or arising from any negligent act or omission
or any misconduct of Lessee, its officers, employees and agents. The provisions of this
paragraph shall survive the expiration or termination of this Agreement for any reason.
8. Lessee shall, at its own expense, procure and maintain comprehensive public
liability insurance in the amount of not less than $1,000,000 per occurrence. Such insurance
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shall cover liability arising from the acts, omissions or misconduct of Lessee, its officers,
employees and agents, and shall protect the City against such claims, damages, costs or
expenses on account of injury to any person or persons, or to the property of same, by reason
of such casualty, accident or other occurrence on or about the Property during the term of
this Agreement. Certificates or copies of said policies, naming the City as an additional
insured, and providing for thirty (30) days' advance notice to the City before cancellation,
shall be delivered to City no later the date of commencement of the lease term. A renewal
certificate shall be provided to the City prior to expiration of any policy. The City shall
provide no insurance for the property or activities of the Lessee, its officers, employees or
agents.
9. In the event any other person acquires a right of ingress and egress across the
Property with prior written consent of the City, Lessee agrees to be responsible for any
additional maintenance which may be necessary, at no cost to the City.
10. Lessee shall comply with all applicable environmental laws concerning
application, storage and handling of chemicals (including, without limitation, herbicides and
insecticides) and fertilizers. Lessee shall apply any chemicals used for weed or insect control
at levels not to exceed the manufacturer's recommendation for the soil types involved.
Chemicals may not be stored on the Property. Chemicals used on the Property shall be
stored in clearly marked, tightly closed containers. No chemicals or chemical containers will
be disposed of on the Property. Application of chemicals for lawn or garden purposes per
manufacturer's recommendation shall not be construed to constitute disposal. Lessee shall
immediately notify City of any chemical discharge, leak, or spill which occurs on the
Property.
Lessee shall employ all means appropriate to insure that contamination does
not occur, and shall be responsible to follow all applicator's licensing requirements. Lessee
shall properly post all areas (when posting is required) whenever chemicals are applied.
Lessee shall not dispose of any substances, including but not limited to waste oil, tires,
batteries, paint, other chemicals or containers, anywhere on the Property. Solid waste may
not be disposed of on the Property. No underground storage tanks shall be placed or
maintained on the Property.
After termination, Lessee shall remain liable for violations which occurred
during the term of this Agreement.
11. The City may enter the Property at any reasonable time for the purpose of
consulting with Lessee, viewing the Property, making improvements, or for other reasonable
purposes that do not interfere with Lessee's ability to use the Property as provided herein.
12. Lessee shall not lease or sublet any part of the Property nor assign this
Agreement to any other person without the prior written permission of the City. This
Agreement is personal to Lessee.
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13. Lessee agrees that on termination of the- Agreement, Lessee will yield
possession of the Property to City without further demand or notice, in as good order and
condition as at the beginning of the term of this Agreement. Loss or damage by forces
beyond Lessee's control and ordinary wear and tear are excepted.
14. 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 City and Lessee nor to create any liability for one party with respect to the liabilities
or obligations of the other party or any other person.
15. If Lessee fails to observe any term or condition of this Agreement, it shall be in
default of this Agreement, and City may then exercise any and all legal remedies available
under applicable law. In the event of default Lessee shall be liable for any and all damage or
loss suffered or incurred by City, including but not limited to reasonable attorneys' fees and
expenses incurred in connection with the exercise of any right or remedy by City.
16. Any notice under this Agreement shall be in writing and shall be delivered in
person or by United States certified mail, postage prepaid, and addressed to the other party
at its last known address. Delivery of notice shall be deemed to occur (i) on the date of
delivery when delivered in person, or (ii) three (3) business days following the date of
deposit if mailed by United States certified mail, postage prepaid.
17. This Agreement contains the entire Agreement between the parties. None of the
covenants, provisions, terms of conditions of this Agreement will be in any manner modified,
waived, or abandoned, except by written instrument duly signed by both parties. This
Agreement is binding upon and shall inure to the benefit of the parties and their respective
successors and assigns. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid or unenforceable, such determination shall not affect the
validity or enforceability of any other part or provision of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Lease Agreement by their duly
authorized representatives as of the date first set forth above.
CITY OF WATERLOO, IOWA BLACK HAWK COUNTY
CONSERVATION BOARD
By:
Attes
„oat
Ernest G. Clark, Mayor
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By:
ern Fish, Director
CITY'S ACKNOWLEDGMENT:
STATE OF IOWA, BLACK HAWK COUNTY, SS:
On this �r qday of �s-� , 2013, before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Ernest G. Clark and
Suzy Schares to me personally known, who, before by me duly sworn, did say that they are the
MAYOR and CITY CLERK, respectively, of said City executing the within and foregoing
instrument to which this is attached, that the seal affixed thereto is the seal of said City; that
said instrument was signed and sealed on behalf of said City by authority of its City Council;
and that the said MAYOR and CITY CLERK, acknowledged the execution of said instrument to
be the voluntary act and deed of said City, by it and by them voluntarily executed.
LESSEE'S ACKNOWLEDGMENT
STATE OF IOWA, BLACK HAWK COUNTY, SS:
This instrument was acknowledged before me on
Vern Fish as Director of the Black Hawk County Conservation Board.
O �
• •
wi`
TIM ANDERA
COMMISSION NO. 772518
MY COMMISSION EXPIRES
April 11, 2016
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Notary Public
2013, by
EXHIBIT "A"
LEGAL DESCRIPTION
That part of North Hackett Road as it presently exists lying North of a Southeasterly extension of the
South line of Lot 59 of Auditor Whitney Road Plat;
And also;
The sixty six (66) foot wide road as it presently exists lying south of Lots 15, 16, 17, 18 and 19 of
Auditor Barnes Plat No. Four (4);
And also;
The following roads as platted in Sherwood Park and Burd's Subdivision in Sherwood Park:
Castlewood Lane, Sandalwood Street, that part of Greenview Drive lying Southwesterly of a
Southeasterly extension of the Southwesterly line of Lot 96 of Burd's Subdivision in Sherwood Park,
that part of Woodside Drive lying Northwesterly of a Southwesterly extension of the Southeasterly line
of Lot 76 of Burd's Subdivision in Sherwood Park, and that part of Greenwood Avenue lying Westerly
of a Southerly extension of the Easterly line of Lot 45 of Sherwood Park;
And also;
Lot 53 of Auditor Whitney Road Plat except the West 25 feet and except the South 150 feet (as
measured along the West Lot line) of the West 200 feet;
And also;
Lots 1 thru 18 of Auditor Barnes Plat No. 4;
And also;
Lots 1, 2, 3 and 6 of Auditor Barnes Plat No. 5;
And also;
Lots 18, 19, 21, 41 and 45 of Sherwood Park;
And also;
That part of Lot 20 of Sherwood Park described as follows: commencing at the Northerly corner of said
Lot 20; thence Southwesterly along the Northwesterly line of said Lot 20 Twenty Seven and Five
Tenths (27.5) feet; thence Southeasterly to a point on the Southeasterly line of said Lot 20 that is
Seventy One and One Tenth (71.1) feet Southwesterly from the Easterly corner of said Lot 20; thence
Northeasterly Seventy One and One Tenth (71.1) feet to the Easterly corner of said Lot 20; thence
Northwesterly along the Northeasterly line of said Lot 20 to the point of beginning;
And also;
That part of Lot 40 of Sherwood Park described as follows: Beginning at the Westerly corner of said
Lot 40; thence South Sixty Degrees Three Minutes (60°3') East Two Hundred Ninety Six and Five
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Tenths (296.5) feet along the Southwesterly line of said Lot 40; thence North Ten Degrees Thirty Six
Minutes (10°36') West Three Hundred Forty One and One Tenth (341.1) feet to a point on the
Northwesterly line of said Lot 40; thence South Forty Six Degrees Two Minutes (46°02') West Two
Hundred Sixty Nine and Seven Tenths (269.7) feet along said line to the point of beginning;
And also;
A part of Lot 17 in Sherwood Park bounded and described as follows: Commencing at the most
Southerly corner of said Lot 17; running thence Northeasterly along the Southeasterly line of said Lot a
distance of 90 feet; thence Northwesterly along a line that is parallel with the Southwesterly line of said
Lot a distance of 150 feet; thence Southwesterly along a line that is parallel with the Southeasterly line
of said Lot a distance of 90 feet to the Southwesterly line of said Lot; thence Southeasterly along the
Southwesterly line of said Lot a distance of 150 feet to the point of beginning;
And also;
Lots 76 thru 99 of Burd's Subdivision in Sherwood Park;
And also;
That part of Lot 1 of Burd's Subdivision in Sherwood Park described as follows: commencing at the
most Southerly corner of Lot 78 of said Subdivision; thence South Fifty Three Degrees Fifty Eight and
One Half Minutes (53°58.5') East One Hundred Ninety Six and Five Tenths (196.5) feet; thence North
Five Degrees Twenty Six Minutes (5°26') East Three Hundred Twenty Six and Two Tenths (326.2)
feet; thence Northwesterly to the most Easterly corner of Lot 77 of said Subdivision; thence
Southwesterly along the Southeasterly line of said Lots 77 and 78 to the point of beginning;
And also;
Lot 75 of Burd's Subdivision in Sherwood Park except that part lying East of a line beginning at a
point on the Southeasterly line of said Lot that is Four and Six Tenths (4.6) feet Northeasterly of the
most Southerly corner, thence North Five Degrees Sixteen Minutes (5°16') East to the Northeasterly
line of said Lot;
And also;
Lot 74 of Burd's Subdivision in Sherwood Park except that part lying East of a line beginning at a
point on the Southeasterly line of Lot 75 of said Subdivision that is Four and Six Tenths (4.6) feet
Northeasterly of the most Southerly corner of said Lot 75, thence North Five Degrees Sixteen Minutes
(5°16') East to the Northeasterly line of said Lot 74;
And also;
Lot 46 of Sherwood Park except beginning at the Southeast corner of said Lot; thence North along the
Easterly line of said Lot Seventy Four and Five Tenths (74.5) feet; thence Southwesterly to a point on
the West line of said Lot that is Three and Eight Tenths (3.8) feet North of the Southwest corner of said
Lot; thence South to the Southwest corner of said Lot; thence Southeasterly along the Southerly line of
said Lot to the point of beginning;
And also;
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Lot 47 of Sherwood Park except that part of Lot 47 described as follows: beginning at the Southeast
corner of said Lot; thence North along the Easterly line of said Lot One Hundred Twenty Nine and Five
Tenths (129.5) feet; thence Southwesterly to a point on the Westerly line of said Lot that is Seventy
Four and Five Tenths (74.5) feet North of the Southwest comer of said Lot; thence South to the
Southwest comer of said Lot; thence Southeasterly along the Southerly lines of said Lot to the point of
beginning;
And also;
Part of Lots 49, 50 and 51 of Sherwood Park described as follows: beginning at the intersection of the
northwesterly line of said Lot 51 and the Northeasterly right of way line of Greenwood Avenue as
relocated; thence North Twenty Seven Degrees Fifty and One Half Minutes (27°50.5') West One
Hundred Seventy Three and Eight Tenths (173.8) feet; thence North Three Degrees Twenty Seven and
One Half Minutes (03°27.5') East Forty Eight and Two Tenths (48.2) feet; thence South Fifty Five
Degrees Twenty Six and One Half Minutes (55°26.5') East Two Hundred Ten and Seven Tenths
(210.7) feet; thence South Forty Degrees Ten and One Half Minutes (40°10.5') East Ten (10) feet
along the Northeasterly line of said Lot 51; thence South Forty Seven Degrees Nine and One Half
Minutes (47°09.5') West One Hundred Thirty and Two Tenths (130.2) feet; thence North Twenty Four
Degrees Sixteen Minutes (24°16') West Fifteen and Three Tenths (15.3) feet to the point of beginning;
And also;
All that part of the Southeasterly 80.3 feet in even width of Lot 51 of Sherwood Park lying
Southeasterly of a line beginning at a point 78.3 feet Northeasterly of the Southwest corner of said
Southeasterly 80.3 feet on the Northwesterly line thereof; thence Southeasterly to a point 27.6 feet
Northeasterly of the Southeast corner of said Southeasterly 80.3 feet on the Southeasterly line thereof;
And also;
All that part of Lot 51 of Sherwood Park except the Southeasterly 80.3 feet in even width; also except
that part thereof described as follows: commencing at the Northwesterly corner of said Lot 51, running
thence Southeasterly along the Northeasterly line of said Lot 51 a distance of 10 feet, thence
Southwesterly in a straight line to a point on the Southwesterly line of said Lot 51 that is 20 feet
Southeasterly from the Southwesterly corner of said Lot 51, thence Northwesterly along the
Southwesterly line of said Lot 51 to the Southwesterly comer of said Lot 51, thence Northeasterly
along the Northwesterly line of said Lot 51 to the point of beginning; and also except that part of said
Lot 51 conveyed to the City of Waterloo, Iowa, in 582 CLD 839;
And also;
The West 1/2 of Lot 52 of Sherwood Park except that part lying Southwesterly of a line beginning at a
point Twenty Seven and Six Tenths (27.6) feet Northeasterly of the most Westerly comer of said Lot
52 on the Northwesterly line thereof, thence Southeasterly to a point that is Fifty and Five Tenths
(50.5) feet Southeasterly of the most Westerly comer of said Lot 52 on the Southwesterly line thereof.
The lease area described above is subject to all utility easements and easements of record for
ingress and egress.
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EXHIBIT "B"
Deed Restriction Addendum
Hazard Mitigation Assistance (HMA) Program
In reference to the property or properties ("Property") conveyed by the Deed between the
property owners indicated below who are participating in the federally -assisted acquisition
project ("the Grantor") and the City of Waterloo, Iowa ("the Grantee"), its successors and
assigns:
WHEREAS, The Robert T. Stafford Disaster Relief and Emergency Assistance Act, ("The
Stafford Act"), 42 U.S.C. § 5121 et seq., identifies the use of disaster relief funds under § 5170c,
Hazard Mitigation Grant Program ("HMGP"), including the acquisition and relocation of
structures in the floodplain; and
WHEREAS, the mitigation grant program provides a process for a local government, through the
State, to apply for federal funds for mitigation assistance to acquire interests in property,
including the purchase of structures in the floodplain, to demolish and/or remove the structures,
and to maintain the use of the Property as open space in perpetuity; and
WHEREAS, the State of Iowa has applied for and been awarded such funding from the
Department of Homeland Security, Federal Emergency Management Agency ("FEMA") and has
entered into a mitigation grant program Grant Agreement dated June 6, 2008, with FEMA and
herein incorporated by reference; making it a mitigation grant program grantee; and
WHEREAS, the Property is located in the City of Waterloo, Iowa, and the City of Waterloo,
Iowa, participates in the National Flood Insurance Program ("NFIP") and is in good standing
with NFIP as of the date of the Deed; and
WHEREAS, the City of Waterloo, Iowa, has applied for and been awarded federal funds
pursuant to an agreement with the State of Iowa dated August 11, 2009 ("State -Local
Agreement"), and herein incorporated by reference, making it a mitigation grant program
subgrantee; and
WHEREAS, the terms of the mitigation grant program statutory authorities, Federal program
requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State-Iocal
Agreement require that the Grantee agree to conditions that restrict the use of the land to open
`space in perpetuity in order to protect and preserve natural floodplain values;
NOW, THEREFORE, the grant is made subject to the following terms and conditions:
1. Terms. Pursuant to the terms of the HMG program statutory authorities, Federal program
requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local
Agreement, the following conditions and restrictions shall apply in perpetuity to the Property
described in the attached deed and acquired by the Grantee pursuant to FEMA program
requirements concerning the acquisition of property for open space:
a. Compatible uses. The Property shall be dedicated and maintained in perpetuity as open
space for the conservation of natural floodplain functions. Such uses may include: parks for
outdoor recreational activities; wetlands management; nature reserves; cultivation; grazing;
camping (except where adequate warning time is not available to allow evacuation);
unimproved, unpaved parking lots; buffer zones; and other uses consistent with FEMA guidance
for open space acquisition, Hazard Mitigation Assistance, Requirements for Property Acquisition
and Relocation for Open Space.
b. Structures. No new structures or improvements shall be erected on the Property other
than:
i. A public facility that is open on all sides and functionally related to a designated open
space or recreational use;
ii. A public rest room; or
iii. A structure that is compatible with open space and conserves the natural function of
the floodplain, including the uses described in Paragraph 1.a., above, and approved by the FEMA
Administrator in writing before construction of the structure begins.
Any improvements on the Property shall be in accordance with proper floodplain management
policies and practices. Structures built on the Property according to paragraph b. of this section
shall be floodproofed or elevated to at least the base flood level plus 1 foot of freeboard, or
greater, if required by FEMA, or if required by any State, Tribal, or local ordinance, and in
accordance with criteria established by the FEMA Administrator.
c. Disaster Assistance and Flood Insurance. No -Federal entity or source may provide
disaster assistance for any purpose with respect to the Property, nor may any application for such
assistance be made to any Federal entity or source. The Property is not eligible for coverage
under the NFIP for damage to structures on the property occurring after the date of the property
settlement, except for pre-existing structures being relocated off the property as a result of the
project.
d. Transfer. The Grantee, including successors in interest, shall convey any interest in the
Property only if the FEMA Regional Administrator, through the State, gives prior written
approval of the transferee in accordance with this paragraph.
i. The request by the Grantee, through the State, to the FEMA Regional Administrator
must include a signed statement from the proposed transferee that it acknowledges and agrees to
be bound by the terms of this section, and documentation of its status as a qualified conservation
organization if applicable.
ii. The Grantee may convey a property interest only to a public entity or to a qualified
conservation organization. However, the Grantee may convey an easement or lease to a private
individual or entity for purposes compatible with the uses described in paragraph (a), of this
section, with the prior approval of the FEMA Regional Administrator, and so long as the
conveyance does not include authority to control and enforce the terms and conditions of this
section.
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iii. If title to the Property is transferred to a public entity other than one with a
conservation mission, it must be conveyed subject to a conservation easement that shall be
recorded with the deed and shall incorporate all terms and conditions set forth in this section,
including the easement holder's responsibility to enforce the easement. This shall be
accomplished by one of the following means:
a) The Grantee shall convey, in accordance with this paragraph, a conservation
easement to an entity other than the title holder, which shall be recorded with the deed, or
b) At the time of title transfer, the Grantee shall retain such conservation easement,
and record it with the deed.
iv. Conveyance of any property interest must reference and incorporate the original deed
restrictions providing notice of the conditions in this section and must incorporate a provision for
the property interest to revert to the State, Tribe, or local government in the event that the
transferee ceases to exist or loses its eligible status under this section.
2. Inspection. FEMA, its representatives and assigns including the State or Tribe shall have the
right to enter upon the Property, at reasonable times and with reasonable notice, for the purpose
of inspecting the Property to ensure compliance with the terms of this part, the Property
conveyance and of the grant award.
3. Monitoring and Reporting. Every three years after the date this deed is recorded, the Grantee
(mitigation grant program subgrantee), in coordination with any current successor in interest,
shall submit through the State to the FEMA Regional Administrator a report certifying that the
Grantee has inspected the Property within the month preceding the report, and that the Property
continues to be maintained consistent with the provisions of 44 C.F.R. Part 80, the property
conveyance, and the grant award.
4. Enforcement. The Grantee (mitigation grant program subgrantee), the State, FEMA, and their
respective representatives, successors and assigns, are responsible for taking measures to bring
the Property back into compliance if the Property is not maintained according to the terms of 44
C.F.R. Part 80, the property conveyance, and the grant award. The relative rights and
responsibilities of FEMA, the State, the Grantee, and subsequent holders of the property interest
at the time of enforcement, shall include the following:
a. The State will notify the Grantee and any current holder of the property interest in writing
and advise them that they have 60 days to correct the violation.
i. If the Grantee or any current holder of the property interest fails to demonstrate a good
faith effort to come into compliance with the terms of the grant within the 60 -day period, the
State shall enforce the terms of the grant by taking any measures it deems appropriate, including
but not Limited to bringing an action at law or in equity in a court of competent jurisdiction.
ii. FEMA, its representatives, and assignees may enforce the terms of the grant by taking
any measures it deems appropriate, including but not limited to 1 or more of the following:
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a) Withholding FEMA mitigation awards or assistance from the State or Tribe, and
Grantee; and current holder of the property interest.
b) Requiring transfer of title. The Grantee or the current holder of the property
interest shall bear the costs of bringing the Property back into compliance with the terms of the
grant; or
c) Bringing an action at law or in equity in a court of competent jurisdiction against
any or all of the following parties: the State, the Tribe, the local community, and their respective
successors.
5. Amendment. This agreement may be amended upon signatures of FEMA, the State, and the
Grantee only to the extent that such amendment does not affect the fundamental and statutory
purposes underlying the agreement.
6. Severability. Should any provision of this grant or the application thereof to any person or
circumstance be found to be invalid or unenforceable, the rest and remainder of the provisions of
this grant and their application shall not be affected and shall remain valid and enforceable.
GRANTOR
ESTATE OF MARY A. JEBE
By:
Brian G. Stiyer, Executor
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GRANTEE
City of Waterloo, Iowa
By:
Title: ,P/e/rtv-ti'L/