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HomeMy WebLinkAboutCindy Blow - Dev. Agr. - 7.15.2024AGREEMENT FOR PROPERTY IMPROVEMENT Julythis f5 Agreement for Property Improvement (the "Agreement") is entered into as of , 2024, by and between Cindy Ann Blow ("Seller"), Rayvynn Schauf ("Buyer") and the City of Waterloo, Iowa ("City"). RECITALS A. Seller is the owner of real property at 219 Allen Street (the "Property"). The Property is currently the subject of a lawsuit filed by City pursuant to Chapter 657A of the Iowa Code, alleging that the Property is abandoned and in a dilapidated condition. The lawsuit is pending in the Iowa District Court of Black Hawk County, case no. EQCV150065 (the "Suit"). B. The parties desire to establish herein the terms on which City will dismiss the Suit. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Property Improvements. Within thirty (30) days after Buyer acquires title to the Property from Seller, Buyer shall obtain a building permit to make improvements to the Property, which shall include at least the following specific items (the "Improvements"): a. Replace all broken or cracked windows. b. Repair the deck behind the house to eliminate safety hazards. c. Replace or repair fascia and ram gutter where currently broken or missing. d. Install new shroud for vent pipe on roof e. Replace or repair garage window and rain gutter. f. Repair or replace any other item or condition noted by the city building inspector as necessary to close out the building permit and to cause the dwelling to conform to the city housing code and city property maintenance code. 2. Reimbursement by Seller; Suit Dismissal. Seller shall reimburse City for its out-of-pocket costs relating to the Suit, namely, filing fees and service fees totaling $309.58. The parties acknowledge that said amount does not include City's legal fees. The payment shall be made directly by the closing agent to City from sale proceeds, no later than the date of Property closing. Within five (5) business days after City receives said payment, City shall file a dismissal of the Suit without prejudice. 3. Timeliness. Buyer shall Substantially Complete all improvements required by this Agreement within six (6) months after the date that Buyer receives title 1 to the Property. 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. If Buyer is making diligent and good -faith progress in completing the Improvements but does not meet the schedule stated above, then the City Attorney may, in his discretion, consent to an extension of time of up to three (3) additional months. 4. Covenants of Buyer. In addition to the other promises, covenants and agreements of Buyer as provided elsewhere in this Agreement, Buyer agrees as follows: A. Until the Improvements have been Substantially Completed, Buyer 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 Buyer with respect to making the Improvements. B. Buyer will comply with all applicable building, housing and property maintenance codes of City. C. Buyer will keep the Property mowed to a standard no less than that required by City ordinances. D. Buyer 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 making the Improvements. 5. 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 Buyer to cause the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; and (b) failure by Buyer to substantially observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. 6. Remedies. Whenever any Event of Default occurs and is continuing, City shall give 30 days' written notice to Buyer of the Event of Default, and if the default shall not have been cured within said period City may exercise any and all remedies available at law, equity, contract or otherwise, including but not limited to action against the Property and/or action against Buyer for recovery of all legal fees incurred by City in connection with the Suit, the settlement thereof, or otherwise in relation to the Property or this Agreement. 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. Page 2 7. Indemnification. Seller and Buyer each hereby releases City, its elected officials, officers, employees, attorneys 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 Property or arising from or in connection with the Improvements, the Suit, or Buyer's failure to carry on or complete the Improvements. The provisions of this Section shall survive the expiration or termination of this Agreement. 8. Materiality of Buyer's Promises and Covenants. Each and every promise and covenant of Buyer set forth in this Agreement is a material term of this Agreement, and each and every such promise and covenant constitutes a material inducement for City to enter this Agreement. Buyer acknowledges that without such promises and covenants City would not have entered this Agreement. 9. Amendment, Modification, and Waiver. No amendment, modification, o r 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 n ature 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. 10. Severability. In the event any provision of this Agreement is held invalid, illegal, or unenforceable, whether in whole or in part, 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 provision of this Agreement is invalid, illegal, or u nenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 11. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective heirs, personal representatives, successors, and assigns. 12. 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. 13. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, u nderstandings, or agreements, whether oral or written, with respect to the subject matter hereof. 14. Time of Essence. Time is of the essence of this Agreement. Page 3 1N WITNESS WHEREOF, the parties have executed this Agreement for Property Improvement as of the date first set forth above. CITY OF WATERLOO, IOWA By: 62cuertan 9 (a Quentin M. Hart, Mayor Attest: 7(eCCey Felchle Kelley Felchle, City Clerk DIGITALLY SIG,7D Page 4 ar,h 51} Cindy Ann law