HomeMy WebLinkAboutArends Investments - Dev Agmnt - 3921 Midway Drive (RECORDED)- 10.16.2023 1111 II III I I 11111 I I I I 111111111111
Doc ID: 012038580018 Type: GEN
Recorded: 11/22/2023 at 11:34:14 AM
Fee Amt: $92.00 Page 1 of 18
Black Hawk County Iowa
SANDIE L. SMITH RECORDER
File2 02 4-00006 7 70
Preparer: Tim Andera, City of Waterloo, 715 Mulberry Street,Waterloo, Iowa 50703 (319)291-4366
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 Dustin Arends, d/b/a Arends Investments
("Company"), and the City of Waterloo, Iowa ("City").
RECITALS
A. Company is willing and able to finance and construct a duplex dwelling
and related improvements on property located in the City of Waterloo as
an infill lot in an established residential neighborhood, as described on
Exhibit "A" attached hereto (the "Property").
B. City considers infill residential 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 Project (defined
below) is being undertaken and is 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 of this Agreement, City shall
convey the Property to Company for the sum of$15,000.00 (the "Purchase Price"). City
acknowledges receipt of the sum of$1,000.00 as earnest money, which shall be applied
to the Purchase Price at closing. Conveyance by City 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) current and future real estate real
property taxes and assessments subject to the agreements made herein; (c) general
utility and right-of-way easements serving the Property; and (d) restrictions imposed by
the City zoning ordinances and other applicable law. Company shall, at its own
expense, prepare an updated abstract of title, or in lieu thereof Company may, at its
( Cf )
own expense, obtain whatever form of title evidence it desires. 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. City shall provide
any title documents it has in its possession, including any abstracts, to assist in title
review.
2. Improvements by Company. Company acknowledges that it has had a
reasonable opportunity to inspect the Property and to conduct other due diligence
related to the Project. Company agrees to accept the Property in its "AS IS" condition,
without any warranty from City, expressed or implied, as to the condition of the
Property, its marketability, or its fitness for any particular purpose. Before commencing
construction, Company shall demolish the existing structure on the Property and
properly remove and dispose of all debris, including felled trees and brush (also see
Section 8.E below). Company shall then construct on the Property one (1) duplex home
as further described and depicted in Exhibit "B" attached hereto. Each home shall be
built on a concrete slab and consist of no less than 1,176 square feet, include a double-
wide attached garage per the plans attached as Exhibit "B," and have an estimated
value of$300,000.00 upon completion. The Improvements shall be completed to a
finished state, including installation of paved driveway, sidewalk, removal of all
construction debris, proper leveling or shaping of groundscape and grassing and/or
landscaping (construction and finishing as so described are referred to as the
"Improvements").
The Improvements shall be constructed in accordance with the terms of this
Agreement, all applicable City, state, and federal building codes and shall comply with
all applicable City ordinances and other applicable law. Company shall submit specific
building designs and site plans for City review and approval before the commencement
of construction and shall not substantially deviate from such plans, specifications or
designs. 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
Property, the Improvements, and all site preparation and development-related work to
be undertaken and completed by Company under this Agreement are collectively
referred to as the "Project."
3. Timeliness; 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 extend the
incentives provided for in this Agreement, and that without said commitment City would
not do so.
A. Deadlines to commence and complete. Subject to Unavoidable
Delays (defined below), Company must obtain a demolition permit and begin
demolition activities within fourteen (14) days after receiving title to the Property
(the "Project Start Date"), obtain a building permit and begin construction of the
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dwelling within two (2) months after receiving title to the Property, and
Substantially Complete construction within twelve (12) months after the Project
Start Date (the "Completion Deadline"). For purposes of this Agreement,
"Substantially Complete" 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 Project elements for which no
permit was necessary have been substantially completed. All deadlines are
subject to Unavoidable Delays as defined in paragraph B below. The City's
Community Planning and Development Director may, but shall not be required to,
consent to an extension of time of up to six (6) months for the construction of any
phase of the Improvements. Any additional or longer time extensions will require
consent of the City Council.
B. Events triggering termination and/or reverter of title. If Company
does not begin the Project or Substantially Complete construction of the
Improvements on the schedule(s) stated above, subject to Unavoidable Delays,
then City may terminate this Agreement as set forth in Section 15, and City shall
then have no further obligation to Company under this Agreement. If
development has commenced within the required period, as the same may be
extended, and is subsequently stopped 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 an "Unavoidable Delay"), the requirement
that construction be completed by the Completion Deadline shall be tolled for a
period of time equal to the period of Unavoidable Delay. 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. If City terminates this Agreement as provided in Section 15,
City shall have no further obligations to Company under this Agreement,
including but not limited to any legal or equitable obligation to reimburse
Company for any costs expended by Company with respect to the Project or to
compensate Company for any value added to the Property by any
Improvements. In connection with termination of the Agreement as set forth
herein, City may demand reconveyance of the Property in addition to exercising
any other available remedies.
4. Reverter of Title; Indemnity. In the event of any reverter of title
hereunder, then 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 Property, free and clear of any lien, claim, charge, security interest,
mortgage or encumbrance (collectively, "Liens") arising by or through Company.
Concurrently with delivery of the deed, Company shall also deliver to City the abstract of
title. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the
Property. 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 of written demand by City, then City shall be authorized to execute, on Company's
behalf and as its attorney-in-fact, the special warranty deed or other documents
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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, Company's
failure to carry on or complete same, or any Lien or Liens on or against the Property of
any type or nature whatsoever that attaches to the Property by virtue of Company's
ownership of same. A "Lien" is any lien, claim, charge, security interest, mortgage or
encumbrance on, against or affecting the Property. 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.
5. No Encumbrances; Limited Exception. Until the Improvements are
Substantially Completed, Company agrees that it shall not create, incur, or suffer to
exist any Liens on the 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 Property or any part thereof for any purpose except in connection
with financing of the Improvements. Any other mortgage shall be void.
6. Utilities. Company will be responsible for extending water, sewer,
telephone, telecommunications, electricity, gas and other utility services from street right
of way to any location on the Property and for payment of any associated connection
fees.
7. Incentives. To aid in the Project, City will provide the following incentives:
A. Infill Housing Grant. As provided in the City's infill housing policy,
City will pay Company a grant of$10,000.00 (the "Infill Grant") ($5,000.00 for
each unit) within ninety (90) days after Improvements have been verified by City
as Substantially Completed.
B. Refund of Purchase Price. City will refund $5,000.00 of the
Purchase Price to Company on the same terms as its payment of the Infill Grant.
C. Partial Tax Exemption. Because the Property is located in a
designated City Limits Urban Revitalization Area (CLURA), the Property is
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. 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:
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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, other than laws, rules and regulations where the failure to comply
with the same, or where the sanctions and penalties resulting therefrom, would
not have a material adverse effect on the business, property, operations, or
condition, financial or otherwise, of Company.
C. Company will cooperate fully with the 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.
D. Company agrees during construction of the Improvements to
maintain, as applicable, builder's risk, property damage, and liability insurance
coverages with respect to the Improvements in such amounts as are customarily
carried by like organizations engaged in activities of comparable size and liability
exposure, and shall provide evidence of such coverages to the City upon
request.
E. Company shall deliver to City proof issued by an appropriate third
party (e.g., Black Hawk County Landfill) of proper disposal of all demolition
debris. Such proof shall be provided to the City Planner by the first business day
of each month with respect to all debris disposal that occurred in the preceding
calendar month.
9. Reimbursement to City. The parties acknowledge that City obtained title
to the Property through an action prosecuted under Iowa Code Chapter 657A.
Defendant in said action is a principal of Company, and Company included within its bid
a promise to repay the City for attorney fees, court costs and other legal expenses
incurred by City in said action and in handling related matters related to the Property
arising from dealings with said principal. No later than the date of conveyance of title,
Company shall remit to City the sum of$2,452.27 as reimbursement to City for its legal
fees, costs and expenses through August 11, 2023.
10. No Assignment or Conveyance. Company agrees that it will not sell,
convey, assign or otherwise transfer its interest in the Property prior to completion of the
Project thereon, 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.
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11. Representations and Warranties of City. City hereby represents and
warrants as follows:
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. Reserved.
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 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.
13. Indemnification and Releases.
A. Company hereby releases City, its elected officials, officers,
employees, and agents (collectively, the "indemnified parties") from, covenants
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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 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 employees, contractors or agents, or any other person who may
be about any of the 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 part. 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 demolish existing structures, to make the
Property ready for development, and to cause the construction of the
Improvements on the 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 or this Agreement, without the prior written consent of City;
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;
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 ninety (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 ninety (90) days after such appointment, or if
Company shall consent to or acquiesce in such appointment; or (5) defaults
under any mortgage applicable to the 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, the 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 sums paid by City to Developer before the date of termination
and/or to recover ownership of the Property as set forth in this Agreement.
B. Default by City. Whenever any Event of Default in respect of City
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.
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.
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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 28521 325th Street, New Hartford, Iowa 50660,
Attention: Dustin Arends.
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.
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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 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 shall be deemed an original and all of which, taken
together, shall constitute one and the same instrument.
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.
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CITY OF WATERLOO, IOWA COMPANY
By: r L,W.tt 7 � l l
Quentin M. Hart, Mayor sfirfArends, d/b/a Arends
Investments
Attest: '
elley Fel le, City Clerk
PERSONAL GUARANTY. The undersigned owner(s) of Company hereby agree
for themselves and their heirs, personal representatives, and assigns, to unconditionally
guarantee to City, its successors and assigns, the full and prompt performance by
Company, its successors and assigns, of all promises and covenants on the part of
Company to be performed pursuant to the foregoing Agreement, including but not
limited to the duties of indemnity set forth therein, if any. Liability of guarantors
hereunder is joint and several.
.g u in Arends M4.4, ‘---4/ ic ael Arends
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EXHIBIT "A"
Description of Property
Lot No. W-Seventy-six (W-76) in "Cedarloo Park", in Black Hawk County, Iowa.
12
EXHIBIT"B"
House Plans
See attached.
13
City of Waterloo Property Offer to Bid Form
Property to be bid upon: 3921 Midway Drive
Name(s) in which property would be transferred: AreAch ves4hiej- ICI Dss/ ✓9/-e�s
M► � 41-L,l ds
Transfer Form: -FAA i v i A u c4( OW let trs142,
(For example,individual ownership,tenants-in-common,joint tenancy with full rights of survivorship)
Name of bidder: DuskiA °(lira S
Address of bidder: Z $S 2( 3 2.G S k.- t w t4 r1$ J ,��/SSO(0(0b
Phone&e-mail of bidder: 311 ' Z199 " 61 vs n A r tuiJs 100cJ MCI
My offer for this property is: $iTJ,d'OO
Minimum bid of$5,000. Proposals less than minimum will not be considered
$1,000.00 earnest fee required. Indicate certified check or money order:
(Note:this amount is refundable for unsuccessful bidders. The fee will not be refunded for
successful bidders who withdraw their offer.Also,it is required that the earnest fee be paid per
property if bidding on multiple properties.Certified check or money order required.)
Brief Description of intended Improvements and proposed use: Dcm a ;54(4'5
5e. � NQW Gcv)s4riJi' ` ®-c" clueIt orti 41"4._ ey-,,eer�� _
Furthermore,I understand the zoning designation of the property and
understand the zoning and building code requirements that I am bound by this
designation for my use of property.
Note:The successful bidder will be required to sign a Development
Agreement binding them to the specified completion deadline of fourteen (14)
months and other development provisions. Successful bidder will pay unpaid
asbestos inspection and asbestos abatement expenses per the attached specs.
g ( 0 - 23
S' na re of apple ro oser Date
P P
*Please Place this sheet at the beginning of your bid packet when submitting to the City Planning
Department.If bidding on multiple properties,please use a separate bid packet for each bid.
1. Proposed Use: Demo& New Construction of a residential Duplex for General Sale or rental.
2. Proposal of home is to be finished with vertical white vinyl siding,and black&or white Anderson
Windows.There will be a patio out back with a privacy fence between the two units.
3. Approved for financing for this project through Peoples Savings Bank,Wellsburg, IA.Contact
Chelsea Beving-641-849-7327.Attached is Finance information.
4. Project Team: Dustin Arends 28521 325th St. New Hartford, IA. 319-269-4990 Mike Arends 33498
110th St.Cedar Falls, IA 319-240-1125.The construction team has been involved in hundreds of
new construction homes through out the Cedar Valley for the past 15-20 years and is a licensed
contractor with the City Of Waterloo.
5. Time table: If approved begin Demo of property within 3 days of approval. 5-7 days for demo
and bringing fill in for lot. Once demo is finished begin construction of duplex. From start to
finished the project for example Start date of September 1st should be finished by the end of
February 2024 as long as there are no material delays.
6. Bid Price-SROIONSJII5, 00 0 . 0 G
7. We are also willing to cover expense of Chris Wendling(City Attorney)that the city has occurred.
8. Expected valuation once project is completed:$300,000 per duplex.$600,000 total valuation.
9. Full Project financing in place with no contingencies.
10. List of Contractors ready to begin (attached quotes) Martinson Construction, G&G Plumbing,
Hoien Enterprises, Iowa Wall Systems, Midwest Foam, Mcdonald Construction,A&D
Construction, Duayne Shepard Cabinets,Adratic Granite,Ted Electric,Spahn &Rose Lumber,
Arends Excavating.
11. Special Terms:We would be willing to cover any expense incurred by the city for Chris
Wendlands services on the matter.
We are ready to begin this Demo project ASAP. We could start this project as quickly as I can get my
demo permit possibly 8-14-23 or 8-21-23.Construction of the duplex would begin immediately after
demolition.
Plan 42704D
ri7 4 Architectural Designs
1.1 P,
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house plans fa over 40 years
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Architectural Designs Plan 42704D
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About This Plan
• This duplex house plan gives you two matching units,each giving you 1,176 square feet of one-level living.
• Each unit gives you 3 beds,2 baths and an open floor plan.
• An extra-deep garage gives you great storage.
• There is a drop zone as you come in from the garage helping keep clutter out of the kitchen.The kitchen ha an
island with eating bar for quick meals.
• There's even a rear covered patio so you don't have cancel grilling out due to a rain shower!
Floor Plans
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Preparer: Tim Andera, City of Waterloo,715 Mulberry Street,Waterloo, Iowa 50703 (319)291-4366
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 Dustin Arends, d/b/a Arends Investments
("Company"), and the City of Waterloo, Iowa ("City").
RECITALS
A. Company is willing and able to finance and construct a duplex dwelling
and related improvements on property located in the City of Waterloo as
an infill lot in an established residential neighborhood, as described on
Exhibit "A" attached hereto (the "Property").
B. City considers infill residential 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 Project (defined
below) is being undertaken and is 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 of this Agreement, City shall
convey the Property to Company for the sum of$15,000.00 (the "Purchase Price"). City
acknowledges receipt of the sum of$1,000.00 as earnest money, which shall be applied
to the Purchase Price at closing. Conveyance by City 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) current and future real estate real
property taxes and assessments subject to the agreements made herein; (c) general
utility and right-of-way easements serving the Property; and (d) restrictions imposed by
the City zoning ordinances and other applicable law. Company shall, at its own
expense, prepare an updated abstract of title, or in lieu thereof Company may, at its
1
own expense, obtain whatever form of title evidence it desires. 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. City shall provide
any title documents it has in its possession, including any abstracts, to assist in title
review.
2. Improvements by Company. Company acknowledges that it has had a
reasonable opportunity to inspect the Property and to conduct other due diligence
related to the Project. Company agrees to accept the Property in its "AS IS" condition,
without any warranty from City, expressed or implied, as to the condition of the
Property, its marketability, or its fitness for any particular purpose. Before commencing
construction, Company shall demolish the existing structure on the Property and
properly remove and dispose of all debris, including felled trees and brush (also see
Section 8.E below). Company shall then construct on the Property one (1) duplex home
as further described and depicted in Exhibit"B" attached hereto. Each home shall be
built on a concrete slab and consist of no less than 1,176 square feet, include a double-
wide attached garage per the plans attached as Exhibit "B," and have an estimated
value of$300,000.00 upon completion. The Improvements shall be completed to a
finished state, including installation of paved driveway, sidewalk, removal of all
construction debris, proper leveling or shaping of groundscape and grassing and/or
landscaping (construction and finishing as so described are referred to as the
"Improvements").
The Improvements shall be constructed in accordance with the terms of this
Agreement, all applicable City, state, and federal building codes and shall comply with
all applicable City ordinances and other applicable law. Company shall submit specific
building designs and site plans for City review and approval before the commencement
of construction and shall not substantially deviate from such plans, specifications or
designs. 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
Property, the Improvements, and all site preparation and development-related work to
be undertaken and completed by Company under this Agreement are collectively
referred to as the "Project."
3. Timeliness; 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 extend the
incentives provided for in this Agreement, and that without said commitment City would
not do so.
A. Deadlines to commence and complete. Subject to Unavoidable
Delays (defined below), Company must obtain a demolition permit and begin
demolition activities within fourteen (14) days after receiving title to the Property
(the "Project Start Date"), obtain a building permit and begin construction of the
2
dwelling within two (2) months after receiving title to the Property, and
Substantially Complete construction within twelve (12) months after the Project
Start Date (the "Completion Deadline"). For purposes of this Agreement,
"Substantially Complete" 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 Project elements for which no
permit was necessary have been substantially completed. All deadlines are
subject to Unavoidable Delays as defined in paragraph B below. The City's
Community Planning and Development Director may, but shall not be required to,
consent to an extension of time of up to six (6) months for the construction of any
phase of the Improvements. Any additional or longer time extensions will require
consent of the City Council.
B. Events triggering termination and/or reverter of title. If Company
does not begin the Project or Substantially Complete construction of the
Improvements on the schedule(s) stated above, subject to Unavoidable Delays,
then City may terminate this Agreement as set forth in Section 15, and City shall
then have no further obligation to Company under this Agreement. If
development has commenced within the required period, as the same may be
extended, and is subsequently stopped 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 an "Unavoidable Delay"), the requirement
that construction be completed by the Completion Deadline shall be tolled for a
period of time equal to the period of Unavoidable Delay. 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. If City terminates this Agreement as provided in Section 15,
City shall have no further obligations to Company under this Agreement,
including but not limited to any legal or equitable obligation to reimburse
Company for any costs expended by Company with respect to the Project or to
compensate Company for any value added to the Property by any
Improvements. In connection with termination of the Agreement as set forth
herein, City may demand reconveyance of the Property in addition to exercising
any other available remedies.
4. Reverter of Title; Indemnity. In the event of any reverter of title
hereunder, then 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 Property, free and clear of any lien, claim, charge, security interest,
mortgage or encumbrance (collectively, "Liens") arising by or through Company.
Concurrently with delivery of the deed, Company shall also deliver to City the abstract of
title. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the
Property. 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 of written demand by City, then City shall be authorized to execute, on Company's
behalf and as its attorney-in-fact, the special warranty deed or other documents
3
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, Company's
failure to carry on or complete same, or any Lien or Liens on or against the Property of
any type or nature whatsoever that attaches to the Property by virtue of Company's
ownership of same. A"Lien" is any lien, claim, charge, security interest, mortgage or
encumbrance on, against or affecting the Property. 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.
5. No Encumbrances; Limited Exception. Until the Improvements are
Substantially Completed, Company agrees that it shall not create, incur, or suffer to
exist any Liens on the 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 Property or any part thereof for any purpose except in connection
with financing of the Improvements. Any other mortgage shall be void.
6. Utilities. Company will be responsible for extending water, sewer,
telephone, telecommunications, electricity, gas and other utility services from street right
of way to any location on the Property and for payment of any associated connection
fees.
7. Incentives. To aid in the Project, City will provide the following incentives:
A. Infill Housing Grant. As provided in the City's infill housing policy,
City will pay Company a grant of$10,000.00 (the "infill Grant") ($5,000.00 for
each unit)within ninety (90) days after Improvements have been verified by City
as Substantially Completed.
B. Refund of Purchase Price. City will refund $5,000.00 of the
Purchase Price to Company on the same terms as its payment of the infill Grant.
C. Partial Tax Exemption. Because the Property is located in a
designated City Limits Urban Revitalization Area (CLURA), the Property is
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. 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:
4
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, other than laws, rules and regulations where the failure to comply
with the same, or where the sanctions and penalties resulting therefrom, would
not have a material adverse effect on the business, property, operations, or
condition, financial or otherwise, of Company.
C. Company will cooperate fully with the 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.
D. Company agrees during construction of the Improvements to
maintain, as applicable, builder's risk, property damage, and liability insurance
coverages with respect to the Improvements in such amounts as are customarily
carried by like organizations engaged in activities of comparable size and liability
exposure, and shall provide evidence of such coverages to the City upon
request.
E. Company shall deliver to City proof issued by an appropriate third
party (e.g., Black Hawk County Landfill) of proper disposal of all demolition
debris. Such proof shall be provided to the City Planner by the first business day
of each month with respect to all debris disposal that occurred in the preceding
calendar month.
9. Reimbursement to City. The parties acknowledge that City obtained title
to the Property through an action prosecuted under Iowa Code Chapter 657A.
Defendant in said action is a principal of Company, and Company included within its bid
a promise to repay the City for attorney fees, court costs and other legal expenses
incurred by City in said action and in handling related matters related to the Property
arising from dealings with said principal. No later than the date of conveyance of title,
Company shall remit to City the sum of$2,452.27 as reimbursement to City for its legal
fees, costs and expenses through August 11, 2023.
10. No Assignment or Conveyance. Company agrees that it will not sell,
convey, assign or otherwise transfer its interest in the Property prior to completion of the
Project thereon, 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.
5
11. Representations and Warranties of City. City hereby represents and
warrants as follows:
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. Reserved.
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 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.
13. Indemnification and Releases.
A. Company hereby releases City, its elected officials, officers,
employees, and agents (collectively, the "indemnified parties") from, covenants
6
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 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 employees, contractors or agents, or any other person who may
be about any of the 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 part. 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 demolish existing structures, to make the
Property ready for development, and to cause the construction of the
Improvements on the 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 or this Agreement, without the prior written consent of City;
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;
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
7
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 ninety (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 ninety (90) days after such appointment, or if
Company shall consent to or acquiesce in such appointment; or (5) defaults
under any mortgage applicable to the 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, the 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 sums paid by City to Developer before the date of termination
and/or to recover ownership of the Property as set forth in this Agreement.
B. Default by City. Whenever any Event of Default in respect of City
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.
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.
8
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 28521 325th Street, New Hartford, Iowa 50660,
Attention: Dustin Arends.
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.
9
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 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 shall be deemed an original and all of which, taken
together, shall constitute one and the same instrument.
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.
io
CITY OF WATERLOO, IOWA COMPANY
Quentin M. Hart, Mayor sfIr Arends, d/b/a Arends
Investments
Attest: '
elley Fel le, City Clerk
PERSONAL GUARANTY. The undersigned owner(s) of Company hereby agree
for themselves and their heirs, personal representatives, and assigns, to unconditionally
guarantee to City, its successors and assigns, the full and prompt performance by
Company, its successors and assigns, of all promises and covenants on the part of
Company to be performed pursuant to the foregoing Agreement, including but not
limited to the duties of indemnity set forth therein, if any. Liability of guarantors
hereunder is joint and several.
--•••••29
u in Arends Michael Arends
11
EXHIBIT "A"
Description of Property
Lot No. W-Seventy-six (W-76) in "Cedarloo Park", in Black Hawk County, Iowa.
12
EXHIBIT"B"
House Plans
See attached.
13
City of Waterloo Property Offer to Bid Form
Property to be bid upon: 3921 Midway Drive
Name(s) in which property would be transferred: Areneis -16"sr41"1"4s ILL .4H4edi
Mitt 4i-tkds
Transfer Form: T nV)i v;A u a( (7 win trs14.
(For example,individual ownership,tenants-in-common,joint tenancy with full rights of survivorship)
Name of bidder: Duckibet. Arto1 S
Address of bidder: 22 S 2( 3 2G S . t t t4c rT cor 2� S0(C)(06
Phone&e-mail of bidder: 311 ' 2.199 ^ 1-1 cI 90 G'US n or-bids log 5 t y1q 1..G o ti^
My offer for this property is: $)5,O'®O< a 0
Minimum bid of$5,000. Proposals less than minimum will not be considered
$1,000.00 earnest fee required. Indicate certified check or money order:
(Note:this amount is refundable for unsuccessful bidders. The fee will not be refunded for
successful bidders who withdraw their offer.Also,it is required that the earnest fee be paid per
property if bidding on multiple properties.Certified check or money order required.)
Brief Description of intended Improvements
ents and(proposed use: Dcvn O 2,$•;sdi'n'S
\,OJSe New Co1151rvvi cc' t-velc A Din Fr")ec,
Furthermore, I understand the zoning designation of the property and
understand the zoning and building code requirements that I am bound by this
designation for my use of property.
Note:The successful bidder will be required to sign a Development
Agreement binding them to the specified completion deadline of fourteen (14)
months and other development provisions. Successful bidder will pay unpaid
asbestos inspection and asbestos abatement expenses per the attached specs.
g ( o - 23
S a re of appl can proposer Date
*Please Place this sheet at the beginning of your bid packet when submitting to the City Planning
Department.If bidding on multiple properties,please use a separate bid packet for each bid.
1. Proposed Use: Demo& New Construction of a residential Duplex for General Sale or rental.
2. Proposal of home is to be finished with vertical white vinyl siding,and black&or white Anderson
Windows.There will be a patio out back with a privacy fence between the two units.
3. Approved for financing for this project through Peoples Savings Bank,Wellsburg, IA.Contact
Chelsea Beving-641-849-7327.Attached is Finance information.
4. Project Team: Dustin Arends 28521 325th St. New Hartford, IA.319-269-4990 Mike Arends 33498
110th St.Cedar Falls, IA 319-240-1125.The construction team has been involved in hundreds of
new construction homes through out the Cedar Valley for the past 15-20 years and is a licensed
contractor with the City Of Waterloo.
5. Time table: If approved begin Demo of property within 3 days of approval. 5-7 days for demo
and bringing fill in for lot. Once demo is finished begin construction of duplex. From start to
finished the project for example Start date of September 1rt should be finished by the end of
February 2024 as long as there are no material delays.
6. Bid Price- I S, 00 0 0 0
7. We are also willing to cover expense of Chris Wendling(City Attorney)that the city has occurred.
8. Expected valuation once project is completed:$300,000 per duplex.$600,000 total valuation.
9. Full Project financing in place with no contingencies.
10. List of Contractors ready to begin (attached quotes) Martinson Construction,G&G Plumbing,
Hoien Enterprises, Iowa Wall Systems, Midwest Foam, Mcdonald Construction,A&D
Construction, Duayne Shepard Cabinets,Adratic Granite,Ted Electric,Spahn &Rose Lumber,
Arends Excavating.
11. Special Terms:We would be willing to cover any expense incurred by the city for Chris
Wendlands services on the matter.
We are ready to begin this Demo project ASAP.We could start this project as quickly as I can get my
demo permit possibly 8-14-23 or 8-21-23. Construction of the duplex would begin immediately after
demolition.
® I®1;Architectural Designs Plan 42704D
scllhg WalM}muse Plats for mm 40 years.
r/ Duplex House Plan with 3 Clustered Bedrooms and a 2-Car Garage
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About This Plan
• This duplex house plan gives you two matching units,each giving you 1,176 square feet of one-level living.
• Each unit gives you 3 beds,2 baths and an open floor plan.
• An extra-deep garage gives you great storage.
• There is a drop zone as you come in from the garage helping keep clutter out of the kitchen.The kitchen ha an
island with eating bar for quick meals.
• There's even a rear covered patio so you don't have cancel grilling out due to a rain shower!
Floor Plans
Main Level Slab/Crawlspace Option
I.> 'Patin g Ealing
MI ,, t 1=
e Owner's Area Area .� - Owner's Suite
ci
L_ `r Family ' Family
Room 1 p� Room —_J
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Garage Garage
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www.architechtecturaldesigns.com/42704DB 800-854-7852 42704D
�� Architectural Designs Plan 42704D
4 selling Quality hose plasu to wer4e,ears.
Plan Details
Square Footage Breakdown
Total Heated Area: 1st Floor: Porch,Front:
2,352 sq.ft. 2,352 sq.ft. 76 sq.ft.
Beds/Baths
Bedrooms: Full bathrooms:
6 4
Foundation Type
Standard Optional
Foundations: Foundations:
Basement Walkout,
Slab
Exterior Walls
Standard Type(s):
2x4
Optional Type(s):
2x6
Dimensions
Width: Depth: Max ridge height:
80'0" 51'0" 21'8"
Garage
Type: Area: Count: Entry Location:
Attached 1044 sq.ft. 4 Cars Front
Ceiling Heights
Floor/Height:
Lower Level/9'0"
View this and more for this plan by visiting I Need Help? I Plan
www.architechtecturaldesigns.com/42704DB 800-854-7852 42704D
Plan 42704D
!�Architectural Designs
£lIIi sdli MaIRY house plans for mar40 rears.
First Floor/9'0"
Roof
Primary Pitch: Secondary Pitch:
6on12 8on12
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www.architechtecturaldesigns.com/42704DB 800-854-7852 42704D
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Amount ,Contractors
'Foundation $29,650 00 Martinson Construction
Plumbing $19,800,00 G&G Plumbing
HVAC $41,600.00 .Hoien Enterprises LLC
Drywall $16,586.00 Iowa Wall Systems
Insulation 15,400 00 Midwest Foam
Framers $29,500 Mcdonald Construction
Finish Carpenter $13,500.00 ,A&D Construction
Cabinets $10,000.00 +Duayne Shepard
Countertops $9,460 00 Adratic Granite
Electrical $23,900 00 Ted Electric
Flat Work ', $23,775.00 `.Martinson Construction
Plumbing Supplies $3,000 00 Amazon/Box Store
Flooring 7,000 00 Box Store •
Painting 10,000 00'Arends
Lumber $89,016 79 Spahn&Rose
Total 322387 79
"Excavation&Backfiil&Site Grading Value $20000.00 Arends(NO COST)
MARTINSON
f. r l d < t I a n
f:
3842 W AIrtne Hwy Waterloo,IA 50703 Phone 319-232-4000 Fax 319-232-5020
PROPOSAL
Proposal Submitted In Dete
Arends December 9,2022
Address Phone
Mottle
319-269-4990
Job Name end Locadm Emet
Midway Duplex duetmarends10�gma'I core
Cay.Ste,no Dateed Plana&Architect
Waterloo,IA Martinson Construction Foundation Plan 12-09-22
Initial Accepted
We hereby submit spec?ceoone and estimates.subjecttoell terms one mnall'nns asset forth.as(dews:
Lines
Foundation: $ 29,650.00
Foundation Details:See Martinson Construction Foundation Plan 12-09-22 $
Typical Foundation:16'YS°Footings(20"wide for back of stoop end common wal0;4'-0 x8'Wall(10"wide forbade of stoop end common wall);2"Styrofoam $
Flatwork: $
House Floors:4"floor;10 me visqueen;6 gauage wire mesh $ 15,875.00
Garage Floors:4"floor;#3 rebar 3'o.c. $ 6,500.00
Stoop Caps: $ 1,400.00
$
Total Cost: $ 53,425.00
$
Note:Proposal is based on estimetedmetedal take increases for 2023 Proposal may need to be ad/usted at lime ofbplld also to materiel price adage), $
Note:Foundation elevations set and approved by contractor $
Excludes:FEMaterial.Soil Testing,Egress Windows,Waterproolbtg,wick Ledge,SWPPP, Suep Pe&Pump Deck Augured Post Holes,Excavation,eackW•
$
Assumes:Access to see prodded by contemner
Price Does Not include fdl.Price is based on grade being//compacted and Within 1i10 of a foot
Note era Proposal may De wthdmwn P ..°.//lee .. y.4 p y,
by us N not accepted actin 30 days L(A/tiV.{/ /4LVd.t.4/ ViV
Authorized egnamre.
scCFfTID;The above adcea end condtbns are satisfactory end are hereby accepted.
You am eehodasd to do the wed,an specified.Payment wit be made as darned above. Signature
Data Signature
CONOItpNS.Al material%guaranteed to be as pasted.Mwork to be completed Ina wotmard ke manner canners to standard pradkea dry alteration or
sedation Iran above spacecatone inving ewe mats we he executed only upon writes onions,end von become en owe charge over and show:the estimate.
pa agreements comtpml upon states,accidents or delays beyond our control Owner to carry are,tornado and ogee necessary bmurenca.Our sorters arefldy
covered by Workman's Compensation Ineurance.
Past due accounts are subject N a service change of 11/2%pan month which b 1e%annual rate I Audilg lawyers fees.
Hoien Enterprises, LLC HQIEN
33809 270 St, Reinbeck, IA 50669 RQTERNRISES
319-404-4422
tjhoien@outlook.com
www.hoienenterprises.com
Dustin Arends
Duplex
12-5-2022
Provide HVAC for new duplex construction to include (per unit):
• Install all necessary supply and return duct
o Seal supply and return ducts
• Install duct for two bath fans
• Install duct for one clothes dryer on main floor
• Install energy recovery ventilator
• Install natural gas piping from exterior of house to
o Furnace
o Water heater
• Install HVAC equipment as specified below
o RUUD model R95T 40,000 BTU single stage furnace (95%efficient)
o RUUD model RA1424 air conditioner. 2 ton, 14 SEER single stage
o Honeywell digital thermostat
• Ductwork to be installed in attic. Duct to be encapsulated in closed cell foam by others.
• City of Waterloo building permit
Estimated install cost-$41,600(total both units)
14
Midwest Foam and Insulation, Inc. Proposal
iiir 1040 W.Cedar-Wapsi Rd. Date
mop
ipsti Cedar Falls, IA 50613 10/28/2022
,,-,.,,,,,, Jeremy Clayton, Owner
natcvw Af. 319-231-4321
Name/Address
Dustin Arends
319-269-4990
*dustinarends10@Qmail.com
Project Insulation Proposal-Duplex
3026 Price is per unit
Description Total
Main Floor: 9'walls+"HEEL"
Will insulate the exterior walls using the"BIBS" system.
(Net&blown Fiberglass insulation) R-23 insulation value.
* Includes spraying the "HEEL" by the chutes&blocking.
Infiltration Pkg:
Will foam all windows&walk-in doors throughout.
Will foam/caulk all interior wall infiltration areas.
Will foam/caulk all exterior wall infiltration areas. 3,900.00
Garage Insulation: 9'walls+"HEEL"
Will insulate the exterior walls using the "BIBS" system.
(Net&blown Fiberglass insulation) R-23 insulation value.
* Includes spraying the "HEEL" by the chutes&blocking. 1,200.00
Attic Insulation: 1,250 sq.ft. (H)/500 sq.ft. (G)
Will insulate house attic to an R-50 with blown Fiberglass insulation.
Will insulate garage attic to an R-38 with blown Fiberglass insulation.
* Includes installing all proper venting&blocking throughout.
* Includes insulating attic access. 2,600.00
Setup/Cleanup Included
Terms: Payment due upon completion. Thank-you
Respectfully submitted, Lynn Kannegieter 319-242-1162 Total: $7,700.00
11/18/2022 319-290-7974 PROJECT BID
Name/Address
,t 410 Dustin Arends
r� Midway Dr.
Waterloo, IA 50701
MCDONALD
c 43 tN �S T R LJ
Job Description-Slab Duplex-Condo framing. 1245 sq.ft. ranch with 2 car garage per
side.
-Framing—Walls (exterior/interior/garage), roof trusses, sheeting, house-wrap,truss
bracing/strapping, drywall nailers.
-Frame eyebrow(1) on front gable according to elevations.
-Frame party wall with 2 layers of sheetrock on inside of assembly. Maintain 1" air gap.
-Install sheetrock on party wall gables to carry fire-wall up to roof deck.
-Installation of windows/exterior doors. Flash all units
-Materials and fasteners to be supplied by Dustin Arends.
Framing Bid Total- $20,000.00
Roofing Bid Total- $3,000.00
-Installation of asphalt shingles with underlayments.
-Approximately 50 sq.
Siding Bid Total- $6,500.00
-Installation of aluminum soffit/fascia.
-Installation of vinyl siding.
-Approximately 32 sq.
SmcdonaldconstPemail.com
%VALLS.
4601 Crestwood Dr. Waterloo, Iowa 50702
Ph:319-296-1663!Fx.319-296-1696 Date: 10/24/22
Proposal Submitted To Work To Be Performed At
Dustin Arends Arends Duplex
-Supply and hang one layer of 5/8 dry wail over ceilings and partie walls, 1/2 dry wall on remainder, main
levels, lower level stairways and garages
-Tape units smooth and texture, fire tape garage
-Haul away scrap and rosin paper
Total: $16,586.00
Option 1: Finish garages smooth and texture
Add: $1,331.00
Garages must be insulated,maintain a temperature of 65 degrees in winter months,and have
expansion Joints installed or cracking may occur which voids all warranties.
We recommend back rolling primer to assure best results on any new drywall.
AU material is guaranteed to be as specified, and the above work to.be performed in
accordance with residential construction performance guidelines and the drawings and
specifications submitted for above'.work and completed in a substantial workmanlike BBB
manner for the sum of:(see above)
with payments to be made as follows: Monthly draws as work progresses.
•Also, all disputes will be resolved and compliant with the residential construction performance guidelines.:
A finance charge of 1 1/2% per month,which is an annual percentage rate of 18%, will be charged on
accounts 30 days past due.
Respectfully submitted .
Ro M.�K uds
Note-This proposal may be withdrawn by us if not accepted within 30 days.
ACCEPTANCE OF PROPOSAL
The above prices, specifications,and conditions are satisfactory and are hereby accepted. Iowa Wall
Systems, Inc. is to do the work specified. Payment will be made as outlined above.
Please return one copy of this proposal once it has been signed and dated.
Date Signature
Adriatic Granite & Marble Inc. _
28147 W.Commercial Ave x '' 4r
jU .kl 5i�^k7.4
Nr
#6
Lake Barrington, IL 6001,0 Date 10/25/2022
Estimate # 381302
h ur •
Dustin Arends
28521 325Th St.
New Hartford, IA 50660
dustina@arendsandsons.corn
319-269-4990
P.O. #
Terms Due on receipt Due Date 10/25/2022
Other
1,4
� �m�o.
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:^ntrr }r I'�tir IF ... t, ,.f 1 �'�".�.� _ 1� N&;il 1� ,4;; >+" i �:RSi�r rr f ,t hYv.. rjt
Arends Duplex in Waterloo,IA 1 I
TWO KITCHENS: Mid price range 3CM (Calacatta 6,720.001 6,720.00
Pearl, Calacatta Congo, Calacatta Nile or Statuario
Aldan)Quartz kitchen countertops Island top 39"x
99" ,two 28"x 25 1/2"tops, no backsplash,all
fabricated with standard Eased edge treatment,
undermount sink cutout, stainless steel sink.
FOUR VANITY TOPS: Entry Level 3CM (Sparkly 2,740.00 j 2,740.00
White, Fashion White)Quartz vanity top 42"x 22 1/2", E I
4"backsplash, all fabricated with standard Eased
edge treatment, undermount sink cutout, porcelain
sink.
Estimate based on layouts provided, a field measure
is required for a final price. i f
i l
Estimate based on layouts provided,a field measure is required for a final price. Subtotal $9,461.00
Sales Tax (0.0%) $0.00
----.-------.--.._._......... .._ . ....._....___ ..._......__...-_-----__._- Total $9,460.00
Adriatic Granite&Marble Inc.
service@adriaticgm.com 847-842-8001
www.adriaticgm.com 847-842-8010
Ted.Eleetite LLC
6317 Development Dr. STE :" TED
A ELECTRIC
Cedar Falls, IA 50613 US
319-269-7173
Estimate
ADDRESS ESTIMATE# 1559
Dustin Arends DATE 11/16/2022
28521 325th St.
New Hartford, IA 50660
DATE DESCRIPTION QTY RATE AMOUNT
01/11/2022 Estimate for a slab on grade duplex located at Midway Dr. 2 11,950.00 23,900.00
Waterloo
Estimate Inclusions-counts are per unit:
*Electrical permit and inspections
*Estimate based on provided plans
*Temp electrical service
*200 amp meter socket/disconnect on each unit-Midwest
termination box to feed each meter socket
*200 amp electrical panel in each unit
*18-Recessed light fixtures as per unit(inside and 3-outside-
1 in owners suite bedroom closet)
*4-ceiling fan/light openings(fan by owner)
*2-bath fan/light per unit
*1-vanity light opening per bathroom (fixture by owner)
*4-keyless fixtures in garage
*4-GFCI protected garage outlets
*Overhead door opener outlet
*1-keyless fixture in mechanical room
*5-CO/smoke detectors per unit
*1-outside carriage light openings(fixture by owner)
*3-outside outlets per unit
*Standard outlets/switches as per plans
*2-TV/Ethernet openings per unit
*Gas furnace
*Door bell wiring
Notes:
*1-Dimmer switches included per unit
Estimate Exclusions:
*Any items not listed in inclusions scope of work
*Damage to any personal property not removed from work
areas
Invoices are to be paid in full within terms. Finance charges will be applied to late invoices,with a minimum charge
of$35.00, as well as any legal fees that may be necessary to collect.
A 5%Convenience Fee will be added to credit card payments
DATE DESCRIPTION CITY RATE AMOUNT
*Light fixtures and ceiling fans
*Bath fan venting
*Utility company charges
Estimate is based on today's material pricing. Due to the volatile
supplies market, Estimate is subject to change if material prices
are increased.
Estimate is valid for 15 days from date created
Estimate for a slab on grade duplex located at Center TOTAL $23,900..00
and Maple St.
Cedar Falls
Accepted By Accepted Date
Invoices are to be paid in full within terms. Finance charges will be applied to late invoices,with a minimum charge
of$35.00, as well as any legal fees that may be necessary to collect.
A 5%Convenience Fee will be added to credit card payments
SPAHN & ROSE LUMBER COMPANY Estimate
850 6th St•P.O. Box 581
Jesup, IA 50648-0581 •319-827-1448 Estimate No 297025
SPAHN s ROSE www.spahnandrose.com Estimate Date 10/20/2022
Expiration Date 10/27/2022
Customer 10CASH
Invoice Address Delivery Address Contact Name Dustin Arends
Cash Sale-Jesup Cash Sale-Jesup Contact Number
850 6th Street 850 6th Street Job
Jesup, Iowa, 50648 Jesup, Iowa, 50646 Customer Ref arends
Delivery By 10/20/2022
Taken By Dan Steger
Sales Rep House Account
IIII I II I �I I I I I l lhI II I III I 11111'II
,yy Page 1 of 5
a".'» ie -Y ,t ,.s1 y. Y 5 "±s4'St' , 4'kC "Yrsaitsz"K
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s .� r " �• ..
1 Basement to stairs
2 6SS SILL SEAL 5-1/2"X 50' ROL
3 2616TR1 2x6 16'#1 SYP TREATED EA
4 2416TR1 2X4-16'#1 SYP TREATED EA
5 2416TR1 2X4-16'#1 SYP TREATED EA
6 NOT FIGURED
Exterior basement walls and insulation
Paint
Cabinets and vanities
flooring..
7 2416WWP 2X4-16'PREM SPF EA
8 2492WWP 2X4-92 5/8 PREM SPF STUD EA
9 21008SSF 2x10-08'SELECT STRUCTURALIDOUG FIR EA
10 zz_SOLVL_4417 ijoist pack EA
11 48340SBT 3/4-4x8 OSB T&G SUBFLOOR EA
12 DAP25117 DAP 4000 SUBFLOOR ADHESIVEI28 OZ 25117-0 EA
13 21216SYP1 2X12-16'#1 SYP EA
14 21214SYP1 2X12-14'#1 SYP EA
15 1814P2 1X8-14#2BTR PINE S4S EA
16 End of Basement to stairs 21,265.41
17 Exterior Walls
18 2616WWP 2X6-16'PREMIUM SPF EA
19 2614WWP 2X6-14'PREM SPF EA
20 2612WWP 2X6-12'PREM SPF EA
21 2692WWP 2X6-92 5/8 PREM SPF STUD EA
22 21214SYP1 2X12-14'#1 SYP EA
23 21212SYP1 2X12-12'#1 SYP EA
24 21214SYP1 2X12-14'#1 SYP EA
25 4871605B 4x8-7/16"OSB SHEATHING EA
26 10OTV9 TYVEK HOUSE WRAP 9'X100' ROL
Subject to our terms and conditions of sale.Further copies available on request.
asSPAHN & ROSE LUMBER COMPANY Estimate
850 6th St•P.O. Box 581
Jesup, IA 50648-0581 •319-827-1448 Estimate No 297025
$pAHN B ROSE www.spahnandrose.com Estimate Date 10/20/2022
Expiration Date 10/27/2022
Customer 10CASH
Invoice Address Delivery Address Contact Name DustinArends
Cash Sale-Jesup Cash Sale-Jesup Contact Number 1
850 6th Street 850 6th Street Job
Jesup, Iowa, 50648 Jesup, Iowa, 50648 Customer Ref arends
Delivery By 10/20/2022
Taken By Dan Steger
Sales Rep House Account
III IIIIII RIM III III RI II
Page 2 of 5
tkik*1..y'�4;CM....`c.,s _.'z3";,r-. .s,. a ,.��C;-VN;,cUMN fi 4
27 317927 5/16"DUOFAST STAPLE 5000/BOX BOX
28 TVT TYVEK TAPE 2"x 55 YDS EA
29 End of Exterior Walls 7,038.10
30 Garage walls
31 6SS SILL SEAL 5-1/2"X 50' ROL
32 2616TR1 2x6 16'#1 SYP TREATED EA
33 2416TR1 2X4-16'#1 SYP TREATED EA
34 2616WWP 2X6-16'PREMIUM SPF EA
35 2416WWP 2X4-16'PREM SPF EA
36 2610WWP 2X6-10'PREM SPF EA
37 2410WWP 2X4-10'PREM SPF EA
38 21220SYP1 2X12-20'#1 SYP EA
39 487160SB 4x8-7/16"OSB SHEATHING EA
40 100TV9 TYVEK HOUSE WRAP 9'X100' ROL
41 LSTA24 20 GA 1-1/4"X 24"STRAPPINGILSTA24 SIMPSON EA
42 End of Garage walls 2,421.31
43 interior walls
44 2416WWP 2X4-16'PREM SPF EA
45 2414WWP 2X4-14'PREM SPF EA
46 2492WWP 2X4-92 5/8 PREM SPF STUD EA
47 4858DW 4X8-5/8"F.R.DRYWALL EA
48 PKT3068 POCKET DOOR FRAME 3068 EA
49 End of interior walls 4,382.97
50 Roof pack
51 2616WWP 2X6-16'PREMIUM SPF EA
52 2414WWP 2X4-14'PREM SPF EA
53 zz_SOTRUSSES_1861 Truss pack EA
5
54 4815320SB 4X8-15/32"OSB SHEATHING EA
55 12HC 1/2"H-CLIPSI250 PCS/CTN EA
56 RSU5200 RAPTOR SYNTHETIC FELT UNDERLAYMENTI5'X 2 RL
10 SQ.ROLL
Subject to our terms and conditions of sale.Further copies available on request.
SPAHN & ROSE LUMBER COMPANY Estimate
850 6th St• P.O. Box 581
Jesup, IA50648-0581 • 319-827-1448 Estimate No 297025
-swot E.fog www.spahnandrose.com Estimate Date 10/20/2022
Expiration Date 10/27/2022
Customer 1 OCASH
Invoice Address Delivery Address Contact Name Dustin Arends
Cash Sale-Jesup Cash Sale-Jesup Contact Number 1
850 6th Street 850 6th Street Job
Jesup, Iowa, 50648 Jesup, Iowa, 50648 Customer Ref arends
Delivery By 10/20/2022
Taken By Dan Steger
Sales Rep House Account
IIIIII III �I 111111 nll II liiiI 1 II
Page 3 of 5
41llfV •�. f j s =+ 3
57 3665HEG 36"X 65'HENRY EAVEGUARD ICE/WATER 2S0/RL• ROL
58 317927 5/16"DUOFAST STAPLE 5000/BOX BOX
59 RODEW ROLLEX ODE DRIP EDGE WHITE 12' EA
60 LM30MWW LANDMARK 30 METRIC BDL
WEATHERWOODIWEATHERED WOOD CT 30YR
3BDL/S
61 LHRIHB LANDMARK HIP/RIDGEIHEATHER BLEND BDL
62 SS7LM SWIFTSTART 7"SHINGLE STARTER 15 1/4"X 38 3/4 BDL
X 116'
63 OMNI30 OMNI RIDGE VENT 30'/RL-O RL
64 G114COIL COIL ROOFING NAIL 1 1/4" BOX
65 101389 5X7 ALUMINUM FLASHING SHINGLEISTEP FLASHIt BDL
66 End of Roof pack 32,911.87
67 Windows and walk doors
68 zz_SOWINDOW_2209 Andersen 100 series casement-black EA
5
69 8-5050 casement
4-5040 slider
2-6068 patio door
70 TVT TYVEK TAPE 2"x 55 YDS EA
71 475DFT TYVEK DUPONT FLASHING TAPE 4"X75' ROL
72 TVFW975 9"X75'TYVEK FLEX WRAP ROL
73 794813 DAP 100%SILICONE CLEAR 30Z-O EA
74 zz_SOEXTDOOR_350E Exterior door pack EA
5
75 End of Windows and walk doors 16,221.45
76 Soffit and Siding
77 RRSW ROLLEX F-CHANNEL FRIEZE WHITE 12' EA
78 RSL6W ROLLEX SL-6 FASCIA WHITE 12' EA
79 RS316CVW ROLLEX SYS3-16"SNOWMIST CENTER VENT EA
SOFFIT PANEL 12'LN(12PCS/PER CTN)
80 RS316SW ROLLEX 16"SNOWMIST SOLID SOFFIT PANEL 12'L EA
(12PCS/CTN)
81 RSSTNWI STAINLESS STEEL 1-1/4 WHITE TRIM NAIL 1LB/BX• BX
82 RC24W ROLLEX 24"X50'WHITE ALUMINUM TRIM COIL COI
Subject to our terms and conditions of sale.Further copies available on request.
SPAHN & ROSE LUMBER COMPANY Estimate
850 6th St• P.O. Box 581
Jesup, IA 50648-0581 •319-827-1448 Estimate No 297025
SPAHN E o¢SSE www.spahnandrose.coln Estimate Date 10/20/2022
Expiration Date 10/27/2022
Customer 10CASH
Invoice Address Delivery Address Contact Name Dustin Arends
Cash Sale-Jesup Cash Sale-Jesup Contact Number
850 6th Street 850 6th Street Job
Jesup, Iowa, 50648 Jesup, Iowa, 50648 Customer Ref arenas
Delivery By 10/20/2022
Taken By Dan Steger
Sales Rep House Account
111311111
Page 4 of 5
83 RAS ALUM.STARTER STRIP ROLLEXI10'LENGTHS EA
84 CTVOCCW CERTAINTEED 10'Outside Corner COLONIAL WHITE EA
85 CTVICCW CERTAINTEED 10'INSIDE CORNERICOLONIAL WHI EA
86 CTVJCW CERTAINTEED VINYL J CHANNEL COLONIAL WHIT EA
12'6"
87 CTVUCW CTD UNDERSILL COLONIAL WHITE 12'6" EA
88 CTV44CW CERTAINTEED D4 VINYL COLONIAL WHITE SQ
MAINSTREET.04212'6"12PC/SQ
89 MSB000 MINI SPLIT J-BLOCK#000 WHITE EA
90 IEV117 INTAKE/EXHAUST VENT#117IWHITE EA
91 EG134 1-3/4"EG Roof Nails CTN
92 End of Soffit and Siding 9,258.47
93 Insusulation and drywall
94 BEBE KNAUF UNFACED R19 I6.25"X15-1/4"X96"99.55 SF BAG
(10 batts per bg/4-bgs perbdl)REPLACE PR111
95 B61VAK KNAUF R11 UNF BATT 3.5"X15"X93"157.58 SF BAG
REPLACE PR110(16 batts per bg-5bgs per bdl)
96 40C CELLULOSE BLOW IN INSULATION 40 SOFT PER B EA
ATAR-19
97 84V15 8'4"X200'V1SQUEEN.0015 ROL
98 41258DW 4X12-5/8"F.R.DRYWALL EA
99 41212DW 4X12-1/2"DRYWALL EA
100 158DW 1-5/8"RS DRYWALLINAILS CTN
101 End of lnsusulation and drywall 15,799.32
102 Interior Millwork
103 zz_SOMILLWORKDEV 3panel-primed mdf doors-casing-base EA
_6461
104 zz_SOMILLWORKDEV Stair allowance EA
6462
105 zz_SOLOCKSET_8108 lock set allowance EA
106 End of Interior Millwork 10,050.00
107 zz_SORETAILFASTENI nail allowanc EA
R 4306
Subject to our terms and conditions of sale.Further copies available on request.
r • SPAHN & ROSE LUMBER COMPANY Estimate
850 6th St• P.O. Box 581
Jesup, IA 50648-0581 • 319-827-1448 Estimate No 297025
• SPAHN g Rog- www.spahnandrose.com Estimate Date 10/20/2022
Expiration Date 10/27/2022
Customer 10CASH
Invoice Address Delivery Address Contact Name Dustin Arends
Cash Sale-Jesup Cash Sale-Jesup Contact Number 1
850 6th Street 850 6th Street Job
Jesup, Iowa, 50648 Jesup, Iowa, 50648 Customer Ref arends
Delivery By 10/20/2022
Taken By Dan Steger
Sales Rep House Account
III III I IIIIIIII II IIIIIII I0III III I I II
Page 5 of 5
We agree to furnish the Items and grades specified above. This estimate is valid for seven days. Not guaranteed to ,f n% 4 - $120 257 gg
build/complete any job or contract. Errors subject to correction.
RETURN POLICY:The sale invoice must accompany returns. A restock charge may apply. Special orders and items that $eteA.Tax`PtfW_ $6,418.06
are not in clean sellable condition maynot be accepted. Return itemspurchased with a Credit/Debit card will onlybe credited
p 6'n,f ,9te-'1ei 3: $128,676.05
to the original card used for purchase. - ` = "`
Buyer Date
Subject to our terms and conditions of sale.Further copies available on request.