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HomeMy WebLinkAboutHeartland Habitat for Humanity - Dev Agmnt - 2/20/2006 DEVELOPMENT AGREEMENT This Agreement is made and entered into this z)6d� day of reGru ar 2006, by and between Iowa Heartland Habitat for Humanity hereafter called Developer, and the City of Waterloo, Iowa, hereinafter called City. WHEREAS, City considers development within the City a benefit to the community and is willing for the total good and welfare of the community to sell city-owned property not needed for current or future public purposes so as to encourage that goal, and WHEREAS, Developer is willing and able to construct a one or two family home, valued at a minimum of$90,000, on property, legally described on attached Exhibit"A", and WHEREAS, said construction of home shall be completed within a three-year period by Developer, and NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREINAFTER CONTAINED, Developer and City agree as follows: 1. The City agrees to transfer property, as legally described, for $1.00 plus costs. The City shall convey, or cause to be conveyed, the property by Quit Claim Deed. 2. Developer agrees to construct a one or two family home on the property to be conveyed, at an estimated value of approximately $90,000, and within a 3-year period, from the date of this agreement. This construction would repay the difference in the conveyance price and the estimated value per the assessed values of the area, within an eight (8) year period. 3. Said buildings shall be constructed in accordance with all applicable City, State, and Federal building codes, in compliance with all applicable city ordinances; compatible to surrounding existing developments, and subject to the attached site plan (See Exhibit "B"). 4. Developer must obtain a building permit and begin construction within twenty-four (24) months of the date of transfer and be completed within thirty-six (36) months to meet requirements to repay difference as stated herein between estimated value and conveyance price through taxes within eight (8) years. If, after transfer of the property by the City to developer, construction is not commencing in accordance with the attached schedule as described, the title to the real estate will revert to City or Developer will pay full value of property as appraised, at Developer's cost by a certified appraiser, or by the average price per square foot of abutting property as calculated by City staff. Developer agrees to sign all necessary documents for said reversion. If construction is not begun, at the end of twenty-four (24) months, but the development of the project is still imminent, the City Council may but shall not be required to grant an extension of time for the construction of the building. Developer may agree to pay balance due for the real estate based on a value per square foot for all said real estate as an option to the reversion of the real estate. Partial start of development, not in accordance with the requirement to build a one or two family home within a three-year period will also initiate the above requirement for reversion of land or full payment, as previously described. 5. After Developer's completion of construction one or two family home, as previously described, any and all reversion or repurchase rights granted to City, relating to any or all of the property described in Exhibit "A" shall terminate. Partial terminations of Developer's obligations shall occur on each lot as it is constructed. 6. NOTICE: All notices, request, and other communication permitted or required herein shall be in writing and shall be effective when delivered to the addressee in person or when sent to such address by United States registered or certified mail, return receipt requited, postage prepaid, or by hand delivery, or fax, addressed as follows: For the City: Mayor Tim Hurley City Hall 715 Mulberry Street Waterloo, Iowa 50703 For Developer: Iowa Heartland Habitat for Humanity 803 West 5th Street Waterloo, Iowa 50702 7. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the successors and assigns of Developer. 8. IN WITNESS WHEREOF, the parties have executed this Agreement the date and year written above. Linda Morgan, Executive Dir t r Date iJ CITY OF WATERLOO, IOWA By: ?� J- Tim Hurley, Mayor Date ATTEST: p Nancy Ec ert, Cit lerk Date Exhibit A—Legal Description JAMES VIRDENS ADDITION ALL LOT 9 BLOCK 5 EXCEPT NORTHWEST 37 FEET r e I yx IPA o F w wp x w c� a C � F ` c V v � I o I O o aatf �S� 46/rmM — - - N rn r- o A Z D � 00 �.Y ,t e y mss• � __.. _ � AIiYA".rwrrue:....+mr,t• arr#vP �.,, :...:..9w1sa4.x.a•.+. .t(.s s � ':- . iii St r � r is 17 _ AV ._ - Property in Question t re a • • �p. i • a „ ... h ♦ `,, �{ a L LAI 4. h< RF e •mai ■� 1 ���lf� . �• ��` � { LLA ` Ufa 11 ♦' 1 _! l.rs x 'i'•r r � ,•� -r --N8 `;I r + �i S 1 i I ,= f g n r � . � + f STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1064065 PUB HRG:CONVEY LOT 334 IRVING ST. notice was published in the WATERLOO/CEDAR FALLS COURIER - , a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues NOTICE OFPOElUGHEARING' tO WHOM)r MAY CONCERN: - commencing on 12/20/2004, in the issues of Notice ishereby given that on the 3rd day of January:2005,at 12/20/2004 5.30 p:m., in the Council Chambers in the City Hall in file City of Waterloo, Iowa,a public of said newspaper, and that the annexed rate of Go rain?will be �.wb advertising is the regular legal rate of said Iowa,on the plout ocorlLey newspaper, and that the following is a correct a lot 9sieetyb•:H. at ro Humanity. IegaM 4t?Vd ed>as bill for publishing said notice. follows: The North 40 fear of even width of, lot No. 10 ih 'Robert Printer 's Bill $11 . 6 5 Robinsons Subdivision of tOnehe, EOne hay -and the Westt onof e half'd Lot NO� Two (2) in Hardy and Virden's+ Plat of the Southeast Quarter (SE1/4)of Section Nd.Twenty four(24)in Township No:Eighty- nine (89) North, Range No. Thirteen(M13),Wes[of the Fifth (X_ '4.-I" Principal Black city of . Signed laws. Anyone who is interested may appear at said time and place: andbeheard or may file written f ob(action with tre.Chy Clerk,City, Hall,Waterloo, lana,before the Subscribed and sworn to before me this date set for said hearing. (,/1/,e� �/ ��//� �� /yJ�� By Order of the Council of rhe A966--day �5�/✓•� �� r lJ L.l ! Cay y Waterloo this 13th day of December,2004. a of Ne Eckert,CMC cay`�clerk Notary Public Received of the sum of Dollars in full for publication of the above invoice. Notary Seal : This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2005-4 RESOLUTION AUTHORIZING THE CONVEYANCE OF PROPERTY GENERALLY LOCATED AT 334 IRVING STREET, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER A DEED FOR SAME. WHEREAS, the City of Waterloo, Iowa, is the owner of real property in the City of Waterloo, Iowa, as described below, and WHEREAS, an offer to purchase said certain parcel of real property has been made by Habitat for Humanity in the sum of $1.00, and other valuable consideration and, WHEREAS, a public hearing was held on January 3, 2005, at 5:30 p.m. in the Council Chambers in City Hall, Waterloo, Iowa, as provided by law, by the Council of the City of Waterloo, Iowa, on the proposal to convey premises owned by the City of Waterloo, Iowa, to Habitat for Humanity, and WHEREAS, it is the opinion of this Council that conveyance should be made as proposed. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: 1. The following described real property, as fully described in the published notice in the Waterloo Courier on December 20, 2004, is not presently needed and will not be needed in the foreseeable future for municipal purposes and its ownership is serving no municipal purpose, and 2. That the offer of Habitat for Humanity to purchase real property for the sum of $1.00, and other valuable consideration, be, and it is hereby accepted for real property described below: The North 40 feet of even width of Lot No. 10 in Robert Robinson's Sub-division of the East one half of Lot No. One (1) and the West one half of Lot No. Two (2) in Hardy and Virden's Plat of the Southeast Quarter (SE14) of Section No. Twenty-four (24) in Township No. Eighty- nine (89) North, Range No. Thirteen (13), West of the Fifth Principal Meridian in the City of Waterloo, Black Hawk County, Iowa. 3. That the City of Waterloo, Iowa, convey said parcel of real property to Habitat for Humanity by Deed. 4. That the Mayor and gity Clerk are hereby authorized to execute and deliver deed to Habitat for Humanity. i 5. That the original f said deed fully executed and acknowledged is hereby approved and confirmed by the Council. 6. That the City Cle k is authorized and directed to deliver said deed of conveys ce to Habitat for Humanity upon receipt of the sum of $1.00, and other valuable consideration. i i Resolution No. 2005-4 Page 2 PASSED AND ADOPTED this 3rd day of January,, 2005. Ro�/h iY! / / /i,/ , Mayor r Tem ( ATTEST: p Nanc Eck CMC City Clerk s This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2004-848 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON THE CONVEYANCE OF A LOT GENERALLY LOCATED AT 334 IRVING STREET FOR THE PURPOSE OF ERADICATING SLUM AND BLIGHT AND CONSTRUCTION OF AFFORDABLE HOUSING TO !HABITAT FOR HUMANITY, AS JANUARY 3, 2005, AT 5:30 P.M. IN CITY HALL COUNCIL CHAMBERS, WATERLOO, IOWA AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1. That the Council of the City of Waterloo, Iowa shall meet at City Hall Council Chambers in the City of Waterloo, Iowa at 5:30 p.m. on the 3xtl day of January, 2005, for the purpose of considering and acting upon a proposal to convey a lot generally located at 334 Irving Street to Habitat for Humanity, and legally described as follows: The North 40 feet of even width of Lot No. 10 in Robert Robinson's Sub-division of the East one half of Lot No. One (1) and the West one half of Lot No. Two (2) in Hardy and Virden's Plat of the Southeast Quarter (SEk) of Section No. Twenty-four (24) in Township No. Eighty- nine (89) North, Range No. Thirteen (13), West of the Fifth Principal Meridian in Phe City of Waterloo, Black Hawk County, Iowa. Section 2. That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 13th day of December, 2004. iim Hurley, 0eyor ATTEST: Nancy Ecker_ CM,C City Clerk V-eo /1w. � - 157 NOTICE OF EXPIRATION OF RIGHT OF REDEMPTION TO: Bandit Property Services Aldreias Jerome Campbell Black Hawk County Sheriff City of Waterloo David Zellhoefer State of Iowa Iowa Department of Human Services Child Support Recovery Unit(Waterloo) Collection Services Center(Des Moines) Heileg Meyers a/k/a Heilig-Meyers a/k/a Heilig-Meyers Furniture Co. Waterloo Lumber Company Crime Victim Assistance Program(Black Hawk County) Crime Victim Assistance Program(Polk County) Elemen Enterprises Corporation Kimary Ann Phillips Al Gordon Plumbing&Heating,L.C. Allstate Rental Frerichs Law Office ALL OTHER PARTIES WITH AN INTEREST IN THE REAL ESTATE DESCRIBED IN THIS NOTICE YOU ARE EACH HEREBY NOTIFIED that on the 16a'day of June,2003,the following parcel was sold for delinquent taxes to Black Hawk Co., and subsequently assigned to the City of Waterloo(current tax sale certificate holder)by the Black Hawk County Board of Supervisors and Treasurer on October 18, 2005,to wit: The Northwesterly 100 feet of the Southwesterly 34 feet of Lot No.3 in Block No. 17 in the Original Plat on the East Side of the Cedar River in the City of Waterloo,Black Hawk County,Iowa. YOU ARE EACH HEREBY NOTIFIED that the right of redemption will expire and a deed for the parcel will be issued,unless redemption from the tax sale is made within ninety(90)days from the date of the completed service of this notice. Dated this'? day of 12006. CITY OF WATERLOO, IOWA ATTEST: By. Tim Hurley, Mayo By: .vanc 60f8e. } (City Clerk) Printable Map Output Page 1 of 1 Black Hawk County Parcel Ma Parcel ID: 8913-25-133-018 Deed Holder: ICITY OF WATERLOO Contract Buyers: IBANDIT PROPERTY SERVICES &CAMPBELL,AL Legal: JORIGINAL PLAT WATERLOO EAST NW 100 FT SW 34 FT LOT 3 BLK I i T1 � r 4kW U`0� -tlnaam ; q` . A ,nf PTnt„v' }-i py M1Piiil MaLM WwA:s,. i airpan '^x 11.ntleP1 y" 1 J' RaiNeJa },. s N' �� Texnwpe ,Gx � I- e a� i i i��i iilY�i xsalfoas x :.C4 .,*3. r"jt t�' P�i I�i 7 �V RIg1,IF94W1y �'f �' k f✓ tlty tion � =cg'',: roiYaatl-mm rmarn y"�. raaamm i . _ tt tit £ 4 it } Map ircaled with krelkMS-Ca yriaht JQ12kN01W ESRI Gd. ,,- Black Hawk County, Iowa Map Disclaimer:This map does not represent a survey.No liability is assumed for the 316 East 5th Street accuracy of the data delineated herein,either expressed or implied by Black Hawk County, Waterloo,Iowa 50703-4774 the Black Hawk County Assessor or their employees.This map is compiled from official Phone:(319)833-3002 records,including plats,surveys,recorded deeds,and contracts,and only contains Fax:(319)833-3070 information required for local government purposes.See the recorded documents for more E-mail:auditor@c�o.black-ha)6rk.ia.us.org detailed legal information. http://www2.co.black-hawk.ia.us/servlet/com.esri.esrimap.Esrimap?ServiceName=bhov... 02/22/2006