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HomeMy WebLinkAboutBaltimore Fields, LLC - Dev Agmnt (RECORDED) 11111111111 II III I II II I I I I II Doc ID: 011967480024 Type: GEN Recorded: 06/29/2023 at 11:23:31 AM Fee Amt: $122.00 Page 1 of 24 Black Hawk County Iowa SANDIE L. SMITH RECORDER File2023-00017592 Preparer: Christopher S.Wendland, P.O. Box 596,Waterloo, Iowa 50704 (319)234-5701 After recording, return to Community Planning&Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2023, by and between Baltimore Fields, LLC ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. City is the owner of or is acquiring title to real property locally known as Baltimore Field and includes parcel nos. 8913-35-138-019 and -021, as further described on Exhibit "A" attached hereto (the "Project Property"). Company desires to undertake a project on the Project Property and is willing and able to finance and construct up to 18 single-family dwellings and related improvements thereon. B. City considers affordable housing 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 to encourage that goal. City believes that such development is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the Projects (defined below) have been undertaken and are being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Project Property to Company for the sum of $1.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) general utility and right-of-way easements serving the Project Property; and (c) restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Company until Company delivers to City reasonable and Q satisfactory proof of financial ability to undertake and carry on the Improvements (defined below), which may take the form of a lending commitment letter. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement without further obligation and return the abstract of title to City. 2. Improvements. The parties contemplate that Company will develop the Project Property to include the Project elements described below and subject to development of more detailed plans. Company acknowledges that it has had a reasonable opportunity to inspect the Project Property and to conduct other due diligence related to the Project. Company agrees to accept the Project Property in its "AS IS" condition, without any warranty from City, expressed or implied, as to the condition of the Project Property, its marketability, or its fitness for any particular purpose. At its own cost Company shall: (a) take all measures necessary to prepare the Project Property for development, (b) plat a subdivision for the Project Property, including therein such dedications, easement reservations, and restrictions as are required by or acceptable to City, generally in accordance with the lot layout and phasing plan attached hereto as Exhibit "B" (the "Layout Plan"), (c) construct to a finished state no fewer than eighteen (18) single-family dwellings generally consistent with the designs depicted on Exhibit "C" attached hereto, including installation of driveways and sidewalks for each lot, (d) install all necessary public infrastructure (including but not limited to extension of water and sewer) to support the Project, (e) install a new street within the subdivision as generally depicted in the Layout Plan, and (f) be responsible for removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping. (Construction and finishing as so described in each the foregoing clauses are referred to collectively as the "Improvements", and the specific improvements described in clauses (d) and (e) as a subset of the Improvements are referred to as the "Infrastructure Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Project Property, the Improvements, and all site preparation and development-related work to 2 be undertaken and completed by Company under this Agreement are collectively referred to as the "Project". Improvements completed within the schedule established by Section 5 below will be eligible for the benefits provided for in this Agreement, and any Improvements not completed within the prescribed period will not be eligible for said benefits. 3. Construction Plans. Company agrees that it will cause the Improvements to be constructed on the Project Property in conformance with construction plans (the "Plans") submitted to the City, which Plans shall be subject to approval as provided in this Section. Company agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of the Improvements as detailed and outlined in the Plans. City shall approve the Plans in writing if: (a) the Plans conform to the terms and conditions of this Agreement; (b) the Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (c) the Plans are adequate for purposes of this Agreement to provide for the construction of the Improvements, and (d) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. Approval of Plans hereunder shall not constitute approval for any other City purpose nor subject the City to any liability for the Improvements as constructed. The Plans must be rejected in writing by City within thirty (30) days of submission or shall be deemed to have been approved by the City. If City rejects the Plans in whole or in part, Company shall submit new or corrected Plans within thirty (30) days after receipt by Company of written notification of the rejection, accomplished by a written statement of the City specifying the respects in which Company's Plans fail to conform to the requirements of this Section. The provisions of this Section relating to approval, rejection and resubmission of corrected Plans shall continue to apply until the Plans have been approved by the City; provided, however, that in any event Company shall submit Plans which are approved by City prior to commencement of construction of the Improvements. Approval of the Plans by the City shall not relieve Company of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Plans by City be deemed to constitute a waiver of any Event of Default. 4. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to cause the Project to be undertaken and to construct the Improvements in a timely manner constitutes a material inducement for the City to 3 extend the incentives provided for in this Agreement, and that without said commitment City would not have done so. A. Subject to Unavoidable Delays (defined below), Company must obtain a building permit and begin construction of the Improvements, including but not limited to the Infrastructure Improvements, within four (4) months after the date of conveyance of the Project Property (the "Project Start Date"), and construction of Infrastructure Improvements and two (2) homes must be Substantially Completed within twelve (12) months thereafter. Company shall thereafter continue construction of new homes and related improvements on a schedule so that no less than two (2) additional homes are Substantially Completed per calendar year (the "Annual Completion Deadline"). For purposes of this Agreement, "Substantially Completed" means the date on which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and the City has verified that any Project element of such phase for which no permit was necessary has been Substantially Completed. B. If Company has not begun construction of the Improvements before the Project Start Date, City may terminate this Agreement as set forth in Section 15, title to the Project Property shall revert to City, and City shall have no further obligation hereunder with respect to the Project. If construction has not begun by the Project Start Date but the development of the Project is still imminent, the City Council may, but shall not be required to, grant an extension of any Annual Completion Deadline. If construction has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each of the foregoing is an "Unavoidable Delay"), then time lost as a result of Unavoidable Delays shall be added to extend the Annual Completion Deadline by a number of days equal to the number of days lost as a result of Unavoidable Delays. If construction is not completed within the allowed period of extension, City may terminate this Agreement as set forth in Section 15, title to the Project Property shall revert to City, and City shall have no further obligation hereunder with respect to the Project, nor any duty to compensate Company for any work or materials provided before the termination date or for the added value of any Improvements completed or partially completed. As promptly as possible, Company shall notify City in writing of the occurrence of any Unavoidable Delay and shall again notify City in writing when the Unavoidable Delay has ended. C. Termination of this Agreement by City, and any related reverter of title obligations, shall not apply with respect to any area on which Improvements have been Substantially Completed or substantial progress toward completion is being made in City's reasonable judgment (the Project Property other than such excepted area(s) being the "Undeveloped Property"). In the event of any termination, City shall have no further obligations under this Agreement with respect to the Undeveloped Property. 4 D. If Company determines at any time that the Project, in whole or in part, is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the Undeveloped Property to City by special warranty deed, free and clear of any lien, claim, or encumbrance arising by or through Company, and thereupon neither party shall have any further obligation under this Agreement with respect to the Undeveloped Property, except as expressly provided. In connection with any conveyance to City, Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Undeveloped Property or any part thereof. 5. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the reverted Project Property that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the reverted Project Property. In connection with any reverter of title, Company shall not be entitled to a refund of the Purchase Price. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then on Company's behalf and as its attorney-in-fact City shall be authorized, but not required, to execute the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney-in-fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or any Lien or Liens on or against the reverted Project Property of any type or nature whatsoever that attaches to the reverted Project Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 6. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Project Property and for payment of any associated connection fees. 7. Incentives. The incentives described in the following subsections of this Section 7 are in addition to the other Project incentives extended by City to Company hereunder. A. Infill Grant. As provided in the City's infill housing policy, City will pay a grant of$5,000.00 to Company for timely completion of each dwelling unit 5 of the Improvements. Each such grant will be payable within sixty (60) days after City has verified that a given unit has been Substantially Completed. B. Partial Tax Exemption. Provided that the Project Property continues to be located in a designated City Limits Urban Revitalization Area (CLURA), the Project Property will be eligible for tax exemption consistent with and to the extent provided for in Iowa law and City ordinance, provided that Company or its successor in title meets all requirements to qualify for such exemption. 8. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Project Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Project Property or any part thereof for any purpose except in connection with financing of the Improvements. Any other mortgage shall be void. 9. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Project Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. Notwithstanding the foregoing, Company may sell, convey, and transfer, without City consent, any platted lot in the Project Property upon which a single-family dwelling has been constructed. 10. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Until the Improvements have been Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. B. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses. C. Company will cooperate fully with City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. 11 . Representations and Warranties of City. City hereby represents and warrants as follows: 6 A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 12. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 7 13. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Project Property or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Project Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever, by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the construction, installation, ownership, and operation of the Improvements, or (3) otherwise as a result of or in connection with the Project or Company's failure to carry on or complete same. C. The indemnification obligations under this Section shall include attorneys' fees and expenses incurred by any indemnified party. The provisions of this Section shall survive the expiration or termination of this Agreement. 14. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements on the Project Property to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Project Property, or this Agreement, without the prior written consent of City, except as otherwise expressly provided in this Agreement; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; 8 D. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within 90 days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within 90 days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to any part of the Project Property. E. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 15. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, City may terminate this Agreement, in whole or in part. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any Project Property and/or recovery of any sums paid by City to Company before the date of termination. B. Default by City. Whenever any Event of Default in respect of Company occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. 9 C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 16. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 17. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 18. No Third-Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third-party beneficiary of any of the provisions of this Agreement. 19. 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, fax number 319-291-4571 , Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 616 Clay Street, Cedar Falls, Iowa 50613, Attention: Kevin Fittro; with copy to Eric W. Johnson, Beecher Law Firm, 620 Lafayette Street, Waterloo, Iowa 50703. 10 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, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 20. No Joint Venture. 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 the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 21. 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. 22. Severability; Reformation. 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. 23. 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. 24. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 25. Counterparts. This Agreement may be executed in one or more counterparts, each of which, including signed counterparts delivered by facsimile or other electronic means, shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 11 26. Entire Agreement. This Agreement, together with the exhibits attached hereto, if any, 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. 27. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA BALTIMORE FIELDS, LLC By: � By: � _ Quentin M. Hart, Mayor Kevin Fittro, Manager Attest: } �;�- ;�-I'Sz �z �Z�c � Kel y Felch , City Clerk I 12 EXHIBIT "A" Project Property Description Lot No. 5, except the East 156 feet thereof and except those parts deeded to the City of Waterloo, Iowa in T.L.D. Book 151 at Page 562 and T.L.D. Book 272 at page 391, in Auditor Francis' Reitzel Plat; and the Northerly Half of that part of Byron Avenue in the City of Waterloo, Iowa, lying East of a Northerly extension of the West line of Lot No. 1 in the Orlo C. Miller Addition, and West of a line that is 156 feet West of the West line of Baltimore Street, all in the City of Waterloo, Black Hawk County, State of Iowa. and Orlo C. Miller Addition, all of Lot 1 except the West 30 feet, Lot 2, and all that part of the Southerly one- half of Byron Avenue in the City of Waterloo, Iowa, lying East of a Northerly extension of the West line of Lot No. 1 in Orlo C. Miller Addition, and West of a line that is 156 feet West of the West line of Baltimore Street. Also, all that part of Denver Street in the City of Waterloo, Iowa, lying South of the South line of Byron Avenue and North of the North line of Eureka Street, all in the City of Waterloo, Black Hawk County, Iowa. 1 EXHIBIT "B" Layout Plan See attached. 1 W HI $ O o 1°::'-;(:)'°°=E- 4:° N. cMAz � o o� N -1-1 ODW Nit)*O" ^�, ZO IIv � E - :' �a W `ik O AI/ y oH 4 s� � L LOO ma) CD s W N aOa wPI '3AV 3N2IOH.1.MVH _10b'a1 - lOVal m Lc 1N31930VNVIN r 1N3IN3OVNVIN N ,..,". 2131VM WaO1S "' m v 831VM W90.LS 8 .0 Z£1 N9S 301S. L' S M'O T ' Tl '—� .0'09 1 w , 0 I- i l ZQQ ". 0 J K 4 — x, r rIY 4 1 c0 t w i w im 77. Z r o r i� O 1 J a! N. ., N H q 2 I ~ L'PEI fir„ " -.. o O i of ":.w J 1 O 0 „ > 3Ab NO2I t8 ` i W Z 1— F W .,. > J z O .6'LEL 1 a g *!L „ v H ro o 0 1— 0 ! J -.- .0'6El O F FA 0 IP B fiEI i w m F y IY N . w N w w _ Z p C r Z '- 0 LIJ J z - O 1- Z w j,IFi 2 Q o IN o N .Z'Obi. .-I - �.. 0'09 0 0 J 0 r , - N9S30IS.OL 1 NOS 3015.O L .0s. .b'Obl ';'? III x 3 IS V)1321 C13 k EXHIBIT "C" Home Designs See attached. 1 1 , a \ \ FOUNP,TION I ,rn.F.,—HT \9„�, 12'-1" /F d 9t M I 0 1— ' S " f r 4 ggrYgr 2 MBR �' � ' p 4. 8'CLG. t \ a \ 6 0 WIRY. ff 9� I 1 6 cLG o CONZINYOUS A.R.•ALL OO � _1 2 '" TIoN-Relace ARE. r A O O \ .BATH O \7 !'QG. n:1.460 L KITCHEN in W,I,G, V'� 6 O s cL- i„I i0 ey CeRY aaa H,0 Q GARAGE 3 1" / 4 'e" 3'-5" v n 55O SQ.FT. ow r' b Lka v FLAT TOP} ®,,,, o al ' BATH 3. 12'_T„ dJ o DINING Y," s. // B'CLG. _ r $2' " V-1" 14'-et" Q �i i \ S.CLG. = W.I.C. w'.e'ONo )'-‘'/': Q ° --„ a cw. m , L T S LIVING )'-6;;+ 3'-11" a'4u," s'CLG. _ Y-6' 2'-e" INSIDE TRAY Y (FINAL TRAY SPECS PER TRUSS DESIGN) / 14'-6i ' BR "2 \ 8'CLG. 8'CLG. ' m \ \ y 'ten 3062 MIN 3-0"146-0' Q COVERED PORGN z'-i" / a a \ ION 111/IN / 10'-0" ifI2'-0 X" , 4'-IO" 1'_9" Y k 2,_3" 6'-1" I r 6,_T" / / 14'-10" 13-2„ / / 22'O" 28'-0" A / / -0n / GARRISON MAIN FLOOR 1433 BQ,FT, oAPPROVED RowN BY e. Buliders Preliminary-not for construction ' lea earchitect tec'`uE , REVISIONS PANTHER BUILDERS aee FirstSource ` m"aim. as m.°: . . DATE a .Je usy b.023 00.i� GARRISON R R I S O N ...,.„.,..,.,.foot";...„r.,mea . 8/12 P - - - -SHINGLES ZN $/12 P —10= 1 -12 la a0= ENERGY HEEL <ADJUST dB REGD.) TOP OF U ,� = � 1,-0• PLATE =---F' ._= •_ TOP OF —. SUBFLOOR TRIPLE PLATE .}ONH RM1DdTION TOP OF VERIFY GRADE FOUNDATION GARRISON FRONT ELEVATION TOP OF FOOTING- D4 SIDING OPTION LEFT ELEVATION TOP OF B/12 P aNMal.®B IEITOP OF raF 1.0.11,4; ER. E RIGI-IT TOP Oi a/12 P /Nmol.® •1::%. V' TOP OF REAR ELEVATION TOP OF APPROVED BY: 'Preliminary-not for construction d;,u�,""•w«a;,.upi°`°'o<. °z r Y^^• REVISIONS ullders PANTHER BUILDERS dr:.:p.rodtoOa vanu:�I,•t DRAWN BY: or o°.� zomz"'u o*fie`te w alto DATE:Monday,January 16,2023 F i rs�S o u rce GARRISON tor�+=ie�.«�Mono '�si'°9t,.`�errors�'n"°'' 50'-o" r / 2V-0"/ -0" it-21e ii',Wt" 2i' / / \ 1.. / . If-1" . IX 4•16.0.C......6E1.1.1.0 / KIT Cie 11"EN .9/1 8'Ceiling -,,i i i 1 17 in ,....11,44.16 ISES.R.•All eRALINGAM.1111.1.19/41.121r. ISkired Or GENERAL cownucrop. ../11.14.....4110.4.135.6PEC.6:2.43.“ '0" 1_ 4.P.Or Fla.1.1,41r1101T KR '• 8'Ceiling •. t\ peo.frsua cLautaxce es Rea's. ...uc TYPE X CrfFert•tram.ca... - "if "" ‘/ _ ,,, 16.-01g 1' i 1 '• -9- \ ol 1_5'4." io'-io" -Nt ProvIclat Pull Pew.4.,- NG CI in en If __----i - W.I.C. a. Pryer U.K.' -(1: _ ..... timoir ircts,_ „, \ .v ;Cearngg ''/ -ocup .... \a• * r• / MATI I-; t / 12'-10' R .B -4 = ... .. Q. / ,6'xti'060 u_ i- s 0 • x if a__, ' 9 9 4 i r 1 .- \ _ ,,,,1 -- LIVING 4 1 ... _ 114" BR *2 1 =. ---siw_ i- >- <4 9 _ ' 9 v b 9'Ceiling 7 -,t = 9 -0 -so DOIIIN b 8'Ceiling to*nag ik- b a' . 7 1 -in -.... m • 4) fr CV. iN. 3-0. 3052 TWIN _uNi---- _ 6'-1%" •14" 3-5" 3.-3" k*-----'t 2'4" PORC1-1 9 9'Ceiling [I: , 3.-1" ,„ -6" ,„ 3'*-. - .3it" \-3it" -l<= 9'Cia SQUARE SQUARE 'T 3 411)1 e alla2-u"' 40"1"1-1 • b BR *3 _ 1? r Ceiling 34.x60"TUB) °81.1GUIER llnitT -1" 4010 TRANSOM f y , 9 -",. 3052 TWIN / V-10" 1 5-10" /2.4.14"12'-e04"/V-0"1 5-11" j, 4'-I" , ir-a" io'-o" / / 11.43" , 5'-4" 12.-0" 21'-0" / 25-0" 2E-on / 1 / / 50..0. x LINCOLN MAIN FLOOR 1213 SQ.FT. APPROVED BY: Builders *Preliminary-not for construction LINCOLN -----y-y-Yyy---.y'`''''''''`` REVISIONS consult•contractor or art arclit•et to*tam it those drawings a to re char to Sat..,1,•ta. or local building as;2.1.•Isrorsct••tructor,DRAWN BY. FirstSource rogoitate;or ant,coo...to.epsciria to Vt.sits .ac.,almonds am,SWAGS seas no rao•triirtr DATE: Undrosclay......ay II,2023 MUER-LOCO•IsA FRONT ACCESS OPTION :::=:-..:-.1-...r.:t:t-Y,==•,---, /12 P TOP OF _ IPAPPP 1, _ ''.d - ::, ;.M f I 771:111 I 11 '.. i - ooppos I PIMP(MOM FRONT ELEVATION • TIOP LINCOLN ID4 SIDING OPTION] 1/I2 I= L PrIPPOLES _- MCI -474' H E a... TOP OP Ei LEFT ELEVATION spy , ,, �.. PLOW• PP. P TOP OP _ `atIT L I ..fe.a MAIM• TOP OP a p RIGHT ELEVATION Top pp TOP OF PLATE 4 IOW NM TOP OP REAR ELEVATION�� TOP OF APPROVED BY: `Preliminary-not for construction o* P rswsr.oP ®�tl u��t• REVISIONS Builders LINCOLN tbas• building contractor : � DRAWN BY: : .� + cos DATE:Wednesday,January II,2O2 specific to...tit. F i rstS o u rce .......ne...`ecage* '•�.arising o:n.'.'.;t;.°' •'.Po.. waTgaLOO.IA FRONT ACCESS OPTION K y 49'-0" y 22'-0" 2T'-0" / a N a a /2'����j 3�$��� �T "ouNDAnON LmGE� Q n l 7 1 I d-0 3'-8'h' p" v { / Q DItW.{ere LANDING 5'4"- 9 IVrcuN m `° LDRY, m yyy N '° \\ a 5 ' g G CLG. m r// 3'-0}i- BY GENERAL .9.o",". �4 MM... rya- MBR Q KITCHEN N 8'CLG. v_ 5'OLO. "n 0 _ /2'-4"/ 31-5it" 1_lys"/ _ Y p A/ 3'-II" ZQ GARAGE —i -4 3'-2" yy 8'-915" 550 5Q,FT, 4 TI ts— \ 2.-4. 6_ \ 2:::,..: , s.. } .\.....-)),g) *1 X q `P W.I.C. M.BATH ,_ S m a r • OLG. 1 15 II. DINING m 5-4 / 0 — 8'CLG. I6 S ONO \ \ 2 N 1r W N Y /3'-2Vi" 8'-6" 2 It" BR •2 9 9 12,_1O" 2 8'C_LG 8'CLG. — c /2-O"! / LIVING �,,•.• ./�� to — I CLG. 3�_2,, /1�j--I - / '7 INSIDE TRAY (("�) `Uq' 'v, [FINAL TRAY TRUSSDE SPECS SIIGGN) 0 °T BAS TH 14'-6><s" r 8'-II __i •y/ 5'-10 =5?\ t ilj 1 ,,,,.....____S-s. "4,_ 3051 TWIN 3-0•4-5, • COVERED PORCH BR M3 4 e'CLG. O N 4 / / 13-6 ' I II:_1" m 1'-4" a N N N N .51 TWIN 11' " 1 If " ' " J 6{"" j2' "1 6'_2" El'-0" / / / 14'-10" 12'2/ / / 22'-0" 21-0" A / / 49-0" EASTON MAIN FLOOR 1392 SQ,FT, APPROVED ST Builders *Preliminary-not for construction "u ".`+architect '.. �u ."k�..� �'r4NTNER BUILDERS • •contractor rett,Rce need to he eta*to matte!, REVISIONS FirstSourceal DRAWN IBT • ro � e'm "t. "`Du att. DA.: Mo......AN 16.1O19 WATERLOO.TA EASTON ,....s�".""" ..a.th.t 32 ...�. I/12 P sNINGEES ZN 4/1-2 P d w raa o. c'Z'.0._ 7 ..:'INV i z� EASTON FRONT ELEVATION TOP OF ID4 SIDING OPTION' VIZ P 0` "ii LEFT ELEVATION H .. inn OP T/12 P aWMbl C6 for at-' �..,.�. tire El El w. RIGHT ELEVATION TOP OP T/12 P SWINGLE& pure 7 REAR ELEVATION p TOP OP APPROVED BY: 'Preliminary-not for construction ••+••••u 1•-+•••u•m=v�� ..um...� Builders 'ANTHER BUILDERS=need""t`e;•� Co....riot*I., a REVISIONS DRAWN BY: orate ,o ,a aa..,a.i�Pmjky::.,,_tyro., FirstSource au. =�spoortio to Us*sirs o. DATE:Monday,January lb,2023 WATERLOO.TA EASTON •.r,u.==�.�'d:••" �rn.`� :`"`•`a°°`' 30.-0" / / 22{"> a'-c," / , • ii'-on n'-o" 17• • •111 ------- 1111M- GARAGE ,_ ..,_, V 550 5Q.FT. _V III oa in{•141.0.0.INTEMOR en,. -2%.PLUME.CALLE Are MEC. TEMPERED(LIM PER CODE c‘emmaano p.a..,•ALL CONCENTRATED LOAD PATNE. ORACMCMSTRULMRAL ENC•MEER00 or ngamene cpengAci00 WOCCENCe0.0AnOMREEAR BPS. BY GENBRAL CCIERALMOR wYCJJEL PRAM.PLACEMENT RJR toste 1YPE X GYPOO•0.0i els. •4ARACinniCate COMM... St \ -I - A . ‘ \ 0 0 / 4-1" 0 0 PANTRY,T - `t X -1? "ii- 1- KITCI4EN ..s1D. , 1? --"T BR *2 , 3:4" ,1:. _,, = (3 CLG. V-0" 1 MI 1177,) 'eau coaster, 9 2 'A \ ' :t \, s, Anztto ..„ , ..t, t ler ICIMEN pg.... ,... 0 --'=,- 1- v 11.-II" a= = I' N 9 9 / f9.-419" in 1. ESA.TH vAULT PEAK 134.. cn 9 4 * ,T 1 9 i BATH 8.-4Je ---O,— - /,-..v..../ 4- LIVING F. 5'41" ,,,2'-2" ki, vAULT CLG. = ... 4,0. -- -1in ---wi— 2'-6• r. , N , P...R.S. 7 FOR 1401.t .-k. -S. i-- *I a in It-2/1" 8 CLG. ; \ \ \ 0 ‘. 3,0-x5.8 -3052 TWIN = .• It-11" 9 ,. -..t COVERED .. .• _,- .• V • • is J1 Affil-‘ PORCH .• .. 3052 3052 :: = .• I., ••• I 0. :. Y :: 1.4 cotanlkz.39 -in . . , 3.-0" j 6.'-6" 1 3'-O" ,Z-8" 1 ev-io" j 6.-0" 12.-6" II-6' / OAKLEY 30'-0" , MAIN FLOOR ..,, No sarr. APPROVED BY Builders "Preliminary-not for construction F'AN BUILDERS .........a dr..+.9....•..t‘.........'''Ar''''''''' REVISIONS r. or rap.xxlmq firm nefor•construction ow*shoo. consult•contractor or an erclUtern to*tea*it Sao drawings a*to be ohm*to matisfy.1 I•tater FirstSource OAKLEY mit. IMMEERA MEC SOOACZ assns.no rasporeinialty Car claims or Mg.arising[roe errord,Rissions, deficionoloa or data of Um draw/ago CATE Thur..,0.c...or 2s 2022 WATERLOO.I.A. "_ 1/12 P `n �HINGLEA MAT. :L:Liii::i a .ue ElinI — Ia• more .�.. 1.....2......... ; - ;14-: -;=— 'Wm .7c2:2ce orof I 1 OAKLEY 11 OAKLEY o OAKLEY TOP OF FRONT ELEVATION TOP OP FRONT ELEVATION TOP OP FRONT ELEVATION ID4 SIDING OPTION I IB&B SIDING OPTION' 'SHAKE SIDING OPTION I 6./12P 1/12P SHINGLES HPI.re ., .•,..0, mpLopmrpm LEFT ELEVATION 31 TOP OF ,p Q, 1/12P f./12P SNRKd.m 7tire-mat OF 1E1 ....,.» ER PON.110n �J vPM..GRADE :.'-'-'•.__ vnsr aw. RIGHT ELEVATION ; ; ' aa*u P 1/12 P SHINGLES —It.or to' miAre 1 • RIGHT ELEVATION Top p, APPROVED 8Y: *Preliminary-not for construction m•••9•^••u�••+�•u•m:m..•=�G a e+.-.-•G alld®rs :`:•:: ...",m':t-, "�v:a a REVISIONS PANTHER BUILDERS •wi�g;m to In DRAWN BY: ::aw ui:•.°..,:p 2.,rho m.ojocu y Firs�Source IA O/4KLE'r' �.•.�• matte].spooltio to O.alto PENS DATE:Thursday, 29,2 . r ••+^••.