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HomeMy WebLinkAboutPositive Steps of Northeast Iowa - Agreement - 4.24.2006 y-2�(-6L AGREEMENT ,fiPr; I This Agreement made this Iq 1-4)day ofTebftmry 2006 by and between the City of Waterloo, Iowa (herein after referred to as City), whose principle place of business is 715 Mulberry Street, and Positive Steps of Northeast Iowa (herein after referred to as Positive Steps (herein after referred to as Positive Steps) Whereas Positive Steps is the owner of property located at 925927 Sycamore Street, Waterloo, Iowa, legally described as: The southeast 40 feet of Lot 9, Block 17, Original Plat of Waterloo, East, Black Hawk County, Iowa, And WHEREAS, Positive Steps desires to repair and maintain the buildings located at the above address, and WHEREAS, Positive Steps has submitted two steps of detailed drawings to repair the walls of the structure located at the above address, said detailed drawings having been prepared by a state licensed engineer at a cost to Positive Steps in the approximate amount of FOUR THOUSAND DOLLARS ($4,000.00), and WHEREAS, Positive Steps has submitted detailed drawings and specifications to repair the roof of the structure located at the above address, said drawings and specifications having been prepared by a state licensed engineer at a cost of Positive Steps in the approximate amount of SEVEN HUNDRED DOLLARS $700.00), and WHEREAS, the City has accepted the detailed drawings for the repair of the structure located at the above address and, further, had the appropriate City Officials inspect the premises and the structure above described, and WHEREAS the City is desirous of insuring that the above structure is repaired and restored, IT IS THEREFORE AGREED AS FOLLOWS: 1. The City shall immediately issue appropriate building permit or permits to allow Positive Steps to commence and complete, according to the plans and specifications previously submitted by Positive Step's state licensed engineer, the repair and/or replacement of the walls of said structure located at the address previously set out herein. 1 2. Positive Steps agrees that said repairs and/or replacement shall be completed with six months from the date of the issuance of the building permit or permits, unless due to circumstances unforeseen and not contemplated by the City or Positive Steps at this time, further extensions of the six month period may be necessary. If such extensions of time are necessary, the City and Positive Steps may mutually agree to such extension. Permission for such extension or extensions shall not unreasonably be with held. 3. Positive Steps further agrees that at all reasonable times, appropriate city inspection may take place upon the premises to insure that the plans and specifications prepared by Positive Steps' licensed engineer, to repair the wall of said structure, including a final inspection of the premises above described. 4. As is practical, Positive Steps shall maintain timely remove any garbage and waste from the premises, given the normal process of construction. 5. The City shall promptly issue the appropriate permit or permits for Positive Steps to repair the wall of said structure in conformance with the drawings and specifications previously submit to the City. Positive Steps shall complete the repair of the roof of said structure at the location set forth above within six months from the date of the issuance of said permit or permits. If extensions of time are necessary due to circumstances not foreseen by Positive Steps or the City, the City and Positive Steps may mutually agree to such extension. Permission of such extension or extensions shall not unreasonable be with held. 6. Upon completion of the repairs and/or replacement of the walls of said structure and the repair of the roof of said structure located at the premises above described, the City shall promptly dismiss, at the City's cost, one certain legal action against Joe Gleason, an officer and director of Positive Steps, entitled City of Waterloo vs Joe F. Gleason, Case No. WTCICV0000007051 7. Upon completion of the repairs and/or replacement of the walls of said structure and the repair of the roof of said structure located at the premises above described, the City shall promptly inspect the same and issue a permit to occupy the premises, provided that the appropriate ordinances of the City have been met. The permit to occupy shall not be unreasonably withheld. 8. At all reasonable times, Positive Steps shall permit the appropriate official or officials of the City to inspect the premises to insure that the repair of the roof is being done in accordance with the drawings and specifications as prepared by Positive Steps' licensed engineer, including final inspection. 2 Joe Glea n Timothy J. Hurl Directo Mayor Positive Steps for Northeast Iowa City of Waterloo ATTEST: Nancy Ec ert, Ci Oclerk STATE OF IOWA ) ss. BLACK HAWK COUNTY ) On this day oft 2006, before me, the undersigned, a Notary Public in and for the State of Iowa, personally ppeared Timothy J. Hurley and Nancy Eckert, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council as contained in the Resolution adopted by the City�quncil, under Council Action No. / a 3$ of the City Council on the day of Ao f ! , 2006, and that Timothy J. Hurley and Nancy Eckert acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. otary Public in and for the State 00 owa '�" 3