HomeMy WebLinkAboutDepartment of Economic Development - Three Kids and a Dog, LLC - Agreement No. 06-HEZ-002 - 11/7/2005 IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT
HOUSING ENTERPRISE ZONE PROGRAM AGREEMENT
EZ AGREEMENT NUMBER: 06-HEZ-002
APPLICATION APPROVAL DATE: July 9, 2005
AGREEMENT EFFECTIVE DATE: July 9,2005
ENTERPRISE ZONE NAME: Black Hawk County,Waterloo EZ-4
ZONE CERTIFICATION DATE: February 18, 1999
ZONE EXPIRATION DATE: February 18, 2009
THIS ENTERPRISE ZONE AGREEMENT is made by and among the Iowa Department of Economic
Development, 200 East Grand Avenue, Des Moines, Iowa 50309 ("Department"or"IDED"), City of Waterloo, 715
Mulberry St,Waterloo, IA 50703, ("Community')and Three Kids and a Dog, LLC, 2731 Jasmine Dr., Waterloo,
IA 50701, ("Housing Business").
WHEREAS, the purpose of the Enterprise Zone Program is to promote new economic development in
economically distressed areas; and
WHEREAS, the Community has designated and the Department has certified the Enterprise Zone
identified above; and
WHEREAS, eligible housing businesses with projects located in a certified Enterprise Zone are authorized
under this program to receive certain tax incentives and assistance; and
WHEREAS, the Enterprise Zone Commission responsible for the above-identified Zone has recommended
approval and the Department has found the Housing Business' application to be consistent with the Act's eligibility
requirements; and
NOW THEREFORE, in consideration of the mutual promises contained in this Agreement and other good
and valuable consideration, it is agreed as follows:
ARTICLE I
DEFINITIONS
As used in this Agreement, the following terms shall apply:
1.1 "Act' means 2005 Iowa Code sections 15E.191 through 15E.196 as amended by 2005 Iowa Acts,
House File 857 and House File 882.
1.2 "Administrative Rules"means 261 Iowa Administrative Code, chapter 59.
1.3 "Agreement Effective Date' means the date this Agreement becomes effective and the Housing
Business is authorized to receive program benefits.
1.4 "Agreement Expiration Date" means the date this Agreement ceases to be in force and effect. This
Agreement shall remain in effect until IDED receives written verification that all 4 units have been certified for
occupancy.
1.5 "Application Approval Date" means the date, as identified above, on which the Director or Director's
designee of the IDED approved the Housing Business' Enterprise Zone application.
1.6 "Board" means the IDED Board.
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EZ Agreement#06-HEZ-002
Page 2
1.7 "Commission"or"Enterprise Zone Commission" means the Enterprise Zone commission
established by the Community responsible for the certified Enterprise Zone.
1.8 "DRF"means the Iowa Department of Revenue and Finance.
1.9 "Enterprise Zone" means the site within the Community certified by the Board for the purpose of
attracting private investment.
1.10 "Proiect"means the activity, or set of activities, described in this Agreement and the Enterprise
Zone application approved by IDED.
1.11 "Project Completion"means the date of completion of construction or if this Project involves
rehabilitation, the date all improvements included in the Project are completed.
ARTICLE II
ENTERPRISE ZONE BENEFITS
2.1 Benefits. The following Enterprise Zone benefits authorized by the Act and IDED administrative
rules are available to the Housing Business under this Agreement:
(a) Investment Tax Credit The Housing Business may claim an investment tax credit up to a
maximum of 10 percent of the new investment which is directly related to the building or rehabilitating of the units
stated in Article IV, Section 4.1 of this Agreement.
New investment which is directly related to the building or rehabilitating units includes the following costs:
land, surveying, architectural services, building permits, inspections, interest on the construction loan, building
materials, roofing, plumbing materials, electrical materials, amounts paid to subcontractors for labor and materials
provided, concrete, labor, landscaping, appliances normally provided with a new home, heating and cooling
equipment, millwork, drywall and drywall materials, nails, bolts, screws, and floor coverings. New investment does
not include the machinery, equipment, hand or power tools necessary to build or rehabilitate homes.
The new investment that may be used to compute the tax credit shall not exceed the new investment used
for the first one hundred forty thousand dollars of value for each unit. In determining the tax credit, new investment
financed through federal, state, and local government tax credits, grants, and forgivable loans shall not be included.
The tax credit may be used to reduce tax liabilities imposed under Iowa Code chapter 422, Division II,
Division III or Division V or under Iowa Code chapter 432. Any credit in excess of the tax liability for the tax year
may be credited to the tax liability for the following seven years or until depleted, whichever occurs earlier. If the
business is a partnership, subchapter S corporation, limited liability company, or estate or trust electing to have the
income taxed directly to the individual, an individual may claim the tax credit allowed. The amount claimed by the
individual shall be based upon the pro-rata share of the individual's earnings of the partnership, subchapter S
corporation, limited liability company, or estate or trust.
(b) Refund Of Sales Service And Use Taxes Paid To Contractors Or Subcontractors. The Housing
Business is eligible for a refund of sales, service and use taxes paid by an eligible business, including an eligible
business acting as a contractor or subcontractor as authorized in Iowa Code section 15.331A.
(i) The Housing Business may apply for a refund of the sales and use taxes paid under Iowa Code
chapters 422 and 423 for gas, electricity, water or sewer utility services, goods, wares, or
merchandise, or on services rendered, furnished, or performed to or for a contractor or
subcontractor and used in the fulfillment of a written contract relating to the construction or
rehabilitation of the units within the Enterprise Zone.
(ii) Taxes attributable to intangible property and furniture and furnishings shall not be refunded.
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EZ Agreement#06-HEZ-002
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To receive a refund of the sales, service and use taxes paid to contractors or subcontractors, the Housing
Business must, within one year after Project Completion, make an application to the DRF.
2.2 Duration Of Benefits. The Enterprise Zone designation shall remain in effect for ten years following
the date of certification. Any state incentives or assistance that may be conferred must be conferred before the
designation expires. However, the benefits of the incentive or assistance may continue beyond the expiration of
the Enterprise Zone designation.
ARTICLE III
REPRESENTATIONS AND WARRANTIES OF BUSINESS
To induce the Department and the Community to authorize Enterprise Zone benefits referred to in this
Agreement, the Housing Business represents, covenants and warrants that:
3.1 Authority, The Housing Business is a corporation duly organized and validly existing under the
laws of its state of incorporation and is in good standing, and has complied with all applicable laws of the State of
Iowa. The Housing Business is duly authorized and empowered to execute and deliver this Agreement.All action
on the Housing Business' part(e.g. where required, appropriate resolution of its Board of Directors)for the
execution and delivery of this Agreement, has been effectively taken.
3.2 Business Information. All written financial statements and related materials concerning the
Housing Business and the Project provided to the Department and the Community are true and correct in all
material respects and completely and accurately represent the subject matter thereof as of the effective date of the
statements and related materials, and no material adverse change has occurred since that date.
3.3 Application. The contents of the application the Housing Business submitted to the Department for
Enterprise Zone program benefits (Attachment A) is a complete and accurate representation of the Housing
Business and the Project as of the date of submission and there has been no material adverse change in the
organization, operation, business prospects, fixed properties or key personnel of the Housing Business since the
date the Housing Business submitted its application to the Department.
3.4 Claims And Proceedings. There are no actions, lawsuits or proceedings pending or, to the
knowledge of the Housing Business, threatened against the Housing Business affecting in any manner whatsoever
its rights to execute this Agreement or to otherwise comply with the obligations of the Housing Business contained
under this Agreement. There are no actions, lawsuits or proceedings at law or in equity, or before any
governmental or administrative authority pending or, to the knowledge of the Housing Business, threatened against
the Housing Business or affecting the Housing Business' ability to proceed with the Project.
3.5 Permits. All necessary permits have been issued or will be applied for in a timely manner with
reasonable expectation that they will be issued.
ARTICLE IV
CONDITIONS TO RECEIPT OF ENTERPRISE ZONE BENEFITS
The Enterprise Zone Benefits authorized under Article II of this Agreement are available to the Housing
Business provided the Housing Business, (and where applicable, the Community)satisfies each of the following
conditions:
4.1 Build or Rehabilitate. The Housing Business must build 4 single family units in the Waterloo EZ-4
Enterprise Zone.
4.2 Modest Homes. The single-family homes and dwelling units which are rehabilitated or constructed
by the Housing Business shall be modest homes or units, but shall include the necessary amenities. When
completed and made available for occupancy, the single-family homes and dwelling units shall meet the United
Sates Department of Housing and Urban Development's housing quality standards and local safety standards.
Format revised 7/2002
EZ Agreement#06-HEZ-002
Page 4
4.3 Completed within Two Years The Housing Business shall complete its building or rehabilitation
within two years from the time the Housing Business begins construction or rehabilitation of the units described in
Section 4.1.
4.4 Records And Accounts. The Housing Business shall maintain information, books, records,
documents and other evidence concerning the Project, in sufficient detail to permit the Department and the
Community to assess compliance with the terms of this Agreement. The Housing Business shall retain the
aforementioned records for a period of three (3) years from the Agreement Expiration Date.
4.5 Access To RecordsAnspections The Housing Business shall, upon prior reasonable notice and at
any time (during normal business hours), permit the Community and its representatives and the Department, its
representatives or the State Auditor to examine, audit and/or copy:
(i) any plans and work details pertaining to the Project,
(ii) all of the Housing Business'books, records and accounts relating to the Project, and
(iii) all other documentation or materials related to this Agreement.
The Housing Business shall provide proper facilities for making such examination and/or inspection.
Records of the Housing Business furnished to the Department in connection with this Project are subject to the
provisions of Iowa Code chapter 22 and administrative rules adopted by the Department concerning public records
and requests for confidential treatment of records.
4.6 Notice Of Proceedings. The Housing Business shall promptly notify the Community and IDED of
the initiation of any claims, lawsuits, bankruptcy proceedings or other proceedings brought against the Housing
Business which would adversely impact the Project.
4.7 Reports: Community Monitoring/Reporting
(a) The Housing Business shall prepare, sign and submit the following reports:
Report Due Date
Annual Certification January 30
The Housing Business shall, for the length of its designation as an Enterprise Zone business, certify
annually to the Community and the Department its compliance with the requirements of the Act. The Housing
Business shall use the form provided by the Department for its annual certification. Documentation of compliance
with the conditions detailed in Article IV shall be included with the annual certification.
4.8 Notice Of Business Changes The Housing Business shall provide prompt advance notice to the
Community and the Department of any proposed change in the Housing Business ownership, structure or control
which would materially and directly affect the Project.
ARTICLE V
DEFAULT AND REPAYMENT
5.1 Events Of Default. Enterprise Zone benefits described in Article II are only available to the Housing
Business to the extent the Housing Business satisfies the conditions described in Article IV. Any of the following
shall constitute an Event of Default under this Agreement:
(a) Material Misrepresentation. If at any time any representation, warranty or statement made or
furnished to the Department or the Community by, or on behalf of, the Housing Business in connection with this
Agreement shall be determined by the Department to be incorrect, false, misleading or erroneous in any material
respect when made or furnished.
Format revised 7/2002
EZ Agreement#06-HEZ-002
Page 5
(b) Breach Of Agreement. If there is a failure of the Housing Business to comply with any of the
covenants, terms or conditions contained in this Agreement.
(c) Relocation Or Abandonment. If there is an abandonment of the Project and the Housing Business
fails to renew the Project within the Enterprise Zone within 30 days. If the relocation or abandonment is due to a
natural disaster(e.g. flood, tornado), the Housing Business shall have 120 days to renew the Project within the
Enterprise Zone.
(d) Insolvency Or Bankruptcy. If the Housing Business becomes insolvent or bankrupt, or admits in
writing its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors, or the
Housing Business applies for or consents to the appointment of a trustee or receiver for the Housing Business or
for the major part of its property; or if a trustee or receiver is appointed for the Housing Business or for all or a
substantial part of the assets of the Housing Business and the order of such appointment is not discharged,
vacated or stayed within sixty(60) days after such appointment; or if bankruptcy, reorganization, arrangement,
insolvency, or liquidation proceedings or other proceedings for relief under any bankruptcy or similar law or laws for
the relief of debtors, are instituted by or against the Housing Business and, if instituted against the Housing
Business, is consented to, or, if contested by the Housing Business is not dismissed by the adverse parties or by
an order, decree or judgment within sixty(60) days after such institution.
5.2 Notice Of Default.
(a) From Department. If, through the annual certification report or other means, the Department has
reason to believe the Housing Business is in default of the terms of this Agreement, the Department will issue a
written notice of default to the Housing Business, setting forth the nature of the default in reasonable specificity, and
providing therein a reasonable period of time,which shall not be less than 30 days from the date of the notice of
default, in which the Housing Business shall have an opportunity to cure, provided that cure is possible and
feasible. A copy of any Notice of Default will also be provided to the Community and DRF.
(b) From Community. If, through monitoring, auditing or other means, the Community has reason to
believe the Housing Business is in default of the terms of this Agreement, the Community will issue a written notice
of default to the Housing Business, setting forth the nature of the default in reasonable specificity, and providing
therein a reasonable period of time,which shall not be less than 30 days from the date of the notice of default, in
which the Housing Business shall have an opportunity to cure, provided that cure is possible and feasible. A copy
of any Notice of Default will also be provided to the Department and DRF.
5.3 Repayment;Loss of Benefits.
(a) Failure to meet/maintain requirements. If the Housing Business fails in any year to meet or
maintain any one of the requirements of the Act, the Housing Business shall repay the value of the incentives
received for each year during which it was not in compliance.
(b) DRF recovery. Once it has been established, through the Housing Business' annual certification,
monitoring, audit or otherwise, that the Housing Business is required to repay all or a portion of the incentives
received, the DRF shall collect the amount owed. DRF has the authority, pursuant to the Act, to recover the value
of state taxes or incentives provided under the Act. The value of state incentives provided under the Act includes
applicable interest and penalties.
ARTICLE VI
GENERAL TERMS AND PROVISIONS
6.1 Compliance With Laws And Regulations. The Housing Business shall comply with all applicable
State and federal laws, rules (including the administrative rules adopted by the Department for the Enterprise Zone
Program -261 Iowa Administrative Code, chapter 59), ordinances, regulations and orders.
Format revised 712002
EZ Agreement#06-HEZ-002
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6.2 Termination. This Agreement may be terminated by the Department or the Community: (a) in the
event of an unremedied material Event of Default by the Housing Business under Article V of this Agreement; or(b)
by mutual agreement of all parties.
6.3 Survival Of Agreement. If any portion of this Agreement is held to be invalid or unenforceable, the
remainder shall be valid and enforceable.
6.4 Governing Law. This Agreement shall be interpreted in accordance with the law of the State of
Iowa, and any action relating to this Agreement shall only be commenced in the Iowa District Court for Polk County
or the United States District Court for the Southern District of Iowa.
6.5 Modification. This Agreement may only be modified by a written document signed by all Parties.
6.6 Notices. Whenever this Agreement requires or permits any notice or written request by one party
to another, it shall be in writing, enclosed in an envelope, addressed to the party to be notified at the address
heretofore stated (or at such other address as may have been designated by written notice), properly stamped,
sealed and deposited in the United States Mail. Any such notice given hereunder shall be deemed delivered upon
the earlier of actual receipt or three (3) business days after posting. The Department may rely on the addresses of
the Housing Business and Community set forth heretofore, as modified from time to time, as being the addresses of
the Community and Housing Business.
6.7 Waivers. No waiver by a party of any Event of Default hereunder shall operate as a waiver of any
other Event of Default or of the same Event of Default on any future occasion. No delay on the part of a party in
exercising any right or remedy hereunder shall operate as a waiver thereof. No single or partial exercise of any
right or remedy by a party shall preclude future exercise thereof or the exercise of any other right or remedy.
6.8 Headings. The headings in this Agreement are intended solely for convenience of reference and
shall be given no effect in the construction and interpretation of this Agreement.
6.9 Integration. This Agreement contains the entire understanding between the Community, Housing
Business and the Department and any representations that may have been made before or after the signing of this
Agreement, which are not contained herein, are nonbinding, void and of no effect. None of the parties have relied
on any such prior representation in entering into this Agreement.
6.10 Counterparts. This Agreement may be executed in any number of counterparts, each of which
shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.
6.11 Documents Incorporated By Reference. The following documents are hereby incorporated by
reference:
(a) Attachment A, "Housing Business' Enterprise Zone Application."
(b) Attachment B, "Enterprise Zone Commission Resolution Approving the Housing Business'
Enterprise Zone Application."
6.12 Order Of Priority. In the event of a conflict between documents of this Agreement, the following
order of priority shall govern:
(a) Articles 1 through 6 herein.
(b) Attachment A, "Housing Business' Enterprise Zone Application."
(c) Attachment B, "Enterprise Zone Commission Resolution Approving the Housing Business'
Enterprise Zone Application."
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the
Effective Date first stated:
Format revised 7/2002
t
EZ Agreement#06-HEZ-002
Page 7
FOR THE COMMUNITY: FOR IDED:
City of Waterloo
Si nature Michael Miller, Investment Management
I Inau&e-�z filet 6
Type or Print Namd Title _T
FOR THE HOUSING BUSINESS:
Three Kids and a Dog, LLC
Signature
VENT St�cr1-I6USF�
Type or Print Name, Title
Format revised 7/2002
ATTACHMENT A
Housing Business' Enterprise Zone Application
HEZ Format revised 7/2002
PUBLIC RECORDS POLICIES
The Iowa Department of Economic Development(IDED)is subject to the Open Records law(2001 Iowa Code,
Chapter 22). Treatment of information submitted to IDED in an Enterprise Zone application is governed by the
provisions of the Open Records law. All public records are available for public inspection. Some public records
are considered confidential and will not be disclosed to the public unless ordered by a court,the lawful custodian
of the record, or by another person duly authorized to release the information. Copies of Iowa's Open Records
law and IDED's administrative rules relating to public records are available from the Department upon request.
APPLICANT INFORMATION
Name of Housing Business:
Three Kids and a Dog, L�:�
Contact Name&Title:
:lent Stackhouse , Manager
Address: 2731 Jasmine Dr. 1daterloo , Iowa 50701
City, State&Zip Code:
Iaterloo , Iowa 50701
Telephone: 319-493-0043 IOWA DEPT.OFECOiQ,l CDE�'FLOFr;,3u'�1
Fax:
E-mail Address: JUL 0 1 2005
1?1V1S1o1'J Cilp,COM,
t ,'i a Y
Local Enterprise Zone Commission ®EVELOPIWENfi
Enterprise Zone Commission Name: City of Waterloo Enterprise Zone Commission
Contact Name&Title: Noel Anderson, City Planner
Organization: City of Waterloo - Community Planning & Development Dept.
Address: City Hall, 715 Mulberry Street
City, State&Zip Code: Waterloo, Iowa 50703
Telephone: 319.291 .4366
Fax: 319.291-4262
E-mail Address: noel.anderson@waterloo-ia.org
2
April 2002
CERTIh'ICATION&RELEASE OF INFORMATION
I, the undersigned,on behalf of the Housing Business identified above,hereby submit the following application
under Iowa Code Sections 15E.191 through 15E_196. 1 certify that the Housing Business is in good standing, and
has complied or will upon receipt of approval by the Department,with all applicable laws of the State of Iowa to
conduct business within the State. I certify that all information,representations,or statements provided to the
Iowa Department of Economic Development(IDED),in connection with this application,are true and correct in
all material respects.
I certify and understand that in order to receive benefits under the Enterprise Zone Program that the project
described in this application has not been initiated and that the project will not be initiated until the business
receives final approval of this application from the IDED.
I hereby give permission to IDED to make credit checks,contact the company's financial institution(s), and
perform other related activities necessary for reasonable evaluation of this application.
I understand this application is subject to final approval by the Department and am aware that Enterprise Zone
benefits are not available until final Department approval is secured and an agreement is executed with the
Housing Business, IDED and the Community, within a reasonable time period following approval. This
application will be used as the basis for the Enterprise Zone agreement.
For the Housing Business:
Signature,Title
Kent Stackhouse , Manager
Print name and title
6-11 -05
Date
For the Enter Zon oz i ion:
cat, As��EP
Signature,Title
Print name and title
Co. z9. �s—
Date
3
April 2002
9. Attach a legal description of the business site on which the project will occur.
na
10. Attach a detailed map(no larger than 8"x 14")showing the housing development site in relation to the
boundaries of the certified Enterprise Zone.
see map
11. Is any part of the project located in a 100-year flood plain?
no
12. Please indicate the total capital investment that will be made as the result of this project?
Description of Capital Expenditure Amount
Labor and Materials $ 4. 105 000.00
$ 4'�'1 5 ,0 o.
$ �r 105 ,000.00
$ x,105 ,000.00
$
Total $ ;N 2 ,
13. Please identify the sources of project financing that will be utilized and the amount of the financing. (The
total amount of the financing should equal the total expenditures in Question#12.)
Source of Project Financing Amount
Company $
Compan3t $ "'55 ,000.00
a $ %409000.00
Community Dev Grant $
Bank U.S . Bank $ :. 4 , 0
Total $ `";420,000,00
14. For purposes of determining the amount of investment tax credits the housing business may receive,the
Iowa Department of Economic Development cannot include capital expenditures financed through
federal, state, and local government tax credits, grants and forgivable loans. Based on this information,
what portion of your total capital investment(identified in Question#12)will be eligible for the
investment tar credit?
;`1400 ,000.00
15. Please attach a long-term plan for the proposed housing development project including labor and
infrastructure needs.
see attachment
16. What economic benefits will the project bring to the area?
dill provide affordable housing, aad increase the value
of existing homes . 5
April 2002
17. Explain why the proposed project would be considered a good housing development project.
?uality Infill housing, energy efficient, stick built
homes. See attachment.
18. Please attach an affidavit that states the Housing Business has not,within the last five years,violated state
or federal environmental and worker safety statutes,rules,and regulations or,if such violations have
occurred,that there were mitigating circumstances or such violations did not seriously affect public health
or safety or the environment.
19. Explain why Enterprise Zone Benefits are needed in order for the project to proceed.
`;fill help defray building costs to keep the houses
affordable to lower income families , and to help keep costs
within current market valuations for targetted area .
20. Please indicate the amount of Enterprise Zone tax benefits being requested for this project.
State Sales, Service,and Use Tax Refund_ 840,000.00
Investment Tax Credit:
21. Please list any additional requirements adopted by the local Enterprise Zone Commission and explain
how the Housing Business will meet each requirement.
6
April 2002
APPLICATION INFORMATION
1. Please provide a brief description of the proposed housing development project.
Single family 'housing: see attachment
2. In which Enterprise Zone will this project occur(include the zone's name,number,size in acres,and date
certified)?
Blackhawk County, ''raterloo
3. Does the project involve new construction or rehabilitation?
new construction
4. How many single-family homes or multi-family units are proposed?
4 single family homes
5. What will be the per unit value of the housing?
< 120,000
6. The single family homes or multi-family units being constructed or rehabilitated must be modest homes
or units and include the necessary amenities. Please explain how the proposed project will satisfy this
requirement?
These are high efficiency, affordable homes
See attachment
7. Will the project meet U.S.Department of Housing and Urban Development Housing Standards and
applicable local codes?
yes
8. What is the current status of the project? When is construction scheduled to begin? What is the
anticipated project completion date?
Scheduled start July 1st, 2005
4
April 2002
Affidavit
Three Kids and a Dog, ILC, kxxxtt has not, within
the last five years, violated state or federal environmental
and worker safety statutes , Pules acid regulations .
Kent Stackhouse
Manager, Three Kids and a Dog, LLC
6-11-05
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Single Family In-fill Housing
6/8/05
From: Greg Glidewell
Shelter Construction
301 W.Dunkerton Rd.
Waterloo,Iowa 50703
Proposal: Single Family In-fill Housing
Goal: To provide affordable high efficiency houses that will exceed Energy star parameters in a modern
and flexible layout. These homes will be all electric with 100%efficient furnaces and heat pumps, utilizing
insulated concrete forms for the foundation, stick built wood framing with engineered 14"I joist floor
system,engineered roof trusses and polyurethane insulation. Floor joists will span the whole house with no
additional support beams or structures. This will allow a flexible layout that can be individually tailored for
each family,and will allow future changes, e.g. the elimination or addition of rooms,with relative ease.
These are all features that will make a quality house that is affordable, durable,comfortable,less expensive
to operate,more friendly to the environment and aesthetically pleasing.
1) Team organization
1:1)Greg Glidewell and Kent Stackhouse,principals of Shelter Construction,and Shelter Construction
will act as general contractors and owners, and be responsible for all aspects of building,managing and
supervising all projects.
Shelter Construction will handle general building.
Subcontractors to include: Larry Frost,Frost Electric; Gene Jackson,Jackson Plumbing;
H and H HVAC,
1.2)Financing will be provided by U.S.Bank
2)Site Location: to be in CUBA,Enterprise zones and/or Rath Brownfields area, or other targeted areas
3)Houses are designed to take advantage of narrow existing lots. Architecture is to be of a cottage design
to blend with the neighborhood. Landscaping will employ hills, rocks,trees, shrubs, and flowers to
showcase the front of the house.
3.1)See plans
3.2) 1400 square feet living space,or can modify to accommodate a variety of families or layouts
3.3)ICF foundation,wood frame with 14"1-joists and engineered wood trusses, polyurethane
insulation,Pella window and doors,hardiboard cement board siding, 30 year architectural shingles.
4)Timeline and Financials:
4.l)Month 1: Foundation,framing, roof,windows,doors
Month 2: HVAC,Electric, plumbing rough-in, Siding
Month 3:Drywall,Paint, Cabinets,Finish trim
Month 4:Flatwork,Landscaping,Flooring
Month 5: Final clean and punch out
4.2)Intend to sell the house to a qualified buyer.
4.3)Price: $120,000.00
4.4)Will use incentive funds from Community Development, INRCOG down payment assistance, and
Enterprise Zone funds
4.5}Incentive funds will be used to defray the overall costs to make the home more affordable e.g.to
reduce$120,000.00 list to$90,000.00 to reach qualified buyers.
ATTACHMENT B
Enterprise Zone Commission Resolution Approving the Housing Business'
Enterprise Zone Application
HEZ Format revised 7/2002
MINUTES
WATERLOO ENTERPRISE ZONE COMMISSION
SCHEDULED MEETING — 9:30 A.M. JUNE 15, 2005
FRANK MOLLENHOFF CONFERENCE ROOM
Members present were: Brock, Johnson, Northey, Orr, Sauerbrei, and
Chairperson Vich. Also present was Greg Glidewell, Kent Stackhouse, and
Nancy Seaman on behalf of 3 Kids & A Dog LLC. Noel Anderson was present as
staff.
Vich called the meeting to order at 9:31 a.m. A quorum is present.
1. Approval of Agenda
It was moved by Orr and seconded by Northey to approve the agenda as
submitted. Motion passed and carried unanimously.
2. Approval of Minutes
Due to an error in the mailing, the Minutes were not included in the packet.
They would be submitted to the Commission at their next meeting for
proper review and approval.
3. Review of Three Kids and A Dog LLC application for benefits for the
development of 4 single-family homes on locations within the Enterprise
Zone,
The Commission discussed the ingress/egress split design of the sample
drawings. The 3 Kids representatives noted this was their initial design,
and may be changed slightly from site to site, based on the ground
elevations. The discussion moved to the differing funding sources,
including the monies derived from the Community Development
Commission. Northey questioned if the homes would be for sale. The 3
Kids noted that this was the intent/goal. They are not rent to own.
Orr asked about the timeline. They noted they are working to build two
right away, and 4 over the 2-year period.
After some more discussion about the project and support for stick-built
homes that appear compatible to others in the surrounding vicinity, it was
moved by Orr and seconded by Northey to approve the application as
submitted. Motion carried unanimously.
4. The next agenda item was the request by the Commission to add in
additional wording to their recommendations of approval.
This item originated from concerns of neighbors and neighborhood
officials about types and designs of homes being placed within established
neighborhoods. At the Commission's last 2 meetings, staff and
Chairperson Vich had previously met with the City attorney's office
regarding wording in the State Code allowing the Enterprise Zone
Commission to establish further parameters for development projects
seeking Enterprise Zone incentives. The wording on the attachment was
aimed at making new housing developments within the Enterprise Zone
compatible to existing homes. Anderson went over the attachment, noting
that the final determination of compatibility would lie with the Commission,
based, but limited on, the criteria in the attachment.
The discussion ensued on the matter and whether or not the wording
would be too vague. Anderson noted the Commission would need to look
at each site on its own merit, and evaluate the surrounding environment of
homes, etc. to lessen the vagueness of the wording. To make it more
defined now may prove to cause problems as each case will undoubtedly
have its own individual characteristics. The Commission discussion
continued with a base point of"building good homes" as their goal, and
encouraging further projects to take place within the Zone.
The Commission also wanted the wording to include commercial
structures and their compatibility to their surrounding. Anderson noted he
would make such changes.
It was then moved by Northey and seconded by Orr to forward the
attachment to the City Attorney's Office for review. Upon recommendation
of approval by the City Attorney's Office, Anderson will bring it back to the
Commission for final action. Motion passed unanimously.
It was then moved by Orr and seconded by Northey to adjourn the
meeting at 9:55 a.m.
RespEAnderrs
Noel
Secretary to Commission
RESOLUTION APPROVING ENTERPRISE ZONE APPLICATION
Resolution of City of Waterloo Enterprise Zone Commission (hereafter referred to as the
"Commission") approving Three Kids & a Dog LLC application to the Iowa Department of Economic
Development for the purposes of receiving housing benefits under the Enterprise Zone Program as
authorized by Iowa Code Supplement 15E. 191-15E. 196, as amended by 1998 Iowa Acts, House
Files 2164 (hereafter referred to as the "EZ Pro am" or the "Act"
WHEREAS, Three Kids & a Dog LLC proposes to develop 4 single family homes in the City of
Waterloo Enterprise Zone #4 (hereafter referred to as the "EZ") to receive benefits authorized under
the EZ Housing Program; and,
WHEREAS, Three Kids & a Dog LLC has submitted an application demonstrating that it meets the
requirements of the EZ Program; and,
WHEREAS, Three Kids & a Dog LLC has provided the Commission with information meeting the
requirements of: four or more rehabilitated single family homes, multi-family building with three or
more units; project completion within two years of the start of construction; and project will satisfy the
housing standards established by the US Department of Housing and Urban Development and local
building codes.
NOW THEREFORE BE IT RESOLVED BY THE COMMISSION, that
1. The Commission certifies that the attached application from Three Kids & a Dog LLC satisfies the
EZ Housing requirements and the Commission hereby approves the application.
2. The Chairperson of the Commission is hereby directed to execute said application and forward
the application to the Iowa Department of Economic Development requesting approval by the
State of Iowa.
PASSED AND APPROVED THIS 151h DAY OF JUNE 2005.
Josef Vich, Chairperson
I certify the above signature to be that of Josef Vich, Chairperson of the City of Waterloo Enterprise
Zone Commission.
Date Notary Public
I, Noel Anderson, City Planner, certify that an Enterprise Zone Commission
meeting was held on June 15, 2005 in the Frank Mollenhoff Conference Room
on the 2nd Floor of City Hall. The meeting agenda was posted in a public location
at least 24 hours prior to the meeting, in the cabinet for posting meeting times on
the 1St Floor of City Hall. The cabinet for posting is secured, so the posting was
not taken down or altered regarding the meeting time. The local newspaper, the
Waterloo Courier, is also informed of such meeting times.
Noel Anderson, City Planner
& staff to Enterprise Zone Commission
STATE OF IOWA
DEPARTMENT OF NATURAL RESOURCES
HENRY A.WALLACE BUILDING
DES MOINES,IOWA 50319
CONSTRUCTION PERMIT
Coyote Crossroads Mall,LLC PERMIT NO.:2006-0288-S
Attn: Mr.Gary Ogzewalla FILE: City of Waterloo-Sewage
2060 Crossroads Blvd., Suite 124 RE:Crossroads Mall North
Waterloo,IA 50702 PROJECT NO: 52006-0312
In accordance with the provisions of Section 455B.173.3 and 455B.174.4, Code of Iowa, and Rule
567--64.2(455B) or Rule 567-65.6(455B), or Rule 567--43.3(455B) of the Iowa Administrative Code, the
Director of the Department of Natural Resources does hereby issue a permit for the construction of:
570 linear feet of 8-inch sanitary sewer,manholes,and all related appurtenances necessary
to complete the project in accordance with the approved plans and specifications.
The construction of the project shall be initiated within one year of issuance of this permit or this permit is
no longer valid. Within thirty days after completion of construction, the permit holder shall submit a
certification by a licensed professional engineer that the project was completed in accordance with the
approved project documents.
No construction activities shall be initiated unless an Iowa NPDES General Permit No. 2 for"Storm
water associated with construction activities" is obtained from the department if the site disturbance and
preparation equals to or exceeds one(1)acre."
The issuance of this permit in no way relieves the permittee of the responsibility for complying with any
other local, state,and federal laws,ordinances,regulations or other requirements applicable to this facility.
Pursuant to Section 455B.174.4, Code of Iowa,you have the right to appeal any condition of this permit by
filing with the Director of the Department of Natural Resources a notice of appeal and request for
administrative hearing within thirty days of receipt of this permit.
Contact Satya Chennupati, P.E. at 515-281-8995 with any questions or comments.
FOR THE DEPARTMENT OF NATURAL RESOURCES
JEFFREY R.VONK,DIRECTOR
By
ENVIRO NTAL SERVICE DMS ON
Date:December 29,2005
cc: IDNR Field Office #I
IDNR Sewage File 6-07-90-0-01
Schenk Engineering Company
City of Waterloo-City Clerk
Plan Distribution
[1] Applicant; [$]Engineer; []City of ; [] DNR File; [] Field Office
Koffi Gangba