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Affordable Housing Network, Inc. Agreement for Neighborhood Revitalization Copyrighted J une 3, 2019 City of Dubuque Action Items # 5. ITEM TITLE: Affordable Housing Network, Inc. Agreementfor Neighborhood Revitalization (CHANGE Initiative) SUMMARY: City Manager recommending approval of an agreement with Affordable Housing Network, I nc. for City support in Housing TI F funds over the next five years to complete the rehabilitation of 20 units (5 units per year), with the goal of providing affordable homeownership opportunities. I t is further recommended that the City Council approve the use of Community Development Block Grant(CDBG)funding in from the FY2019 CDBG Annual Allocation for the rehabilitation of an additional 5 units. RESOLUTION Approving an Agreement with Affordable Housing Network, I nc., for the rehabilitation of residential property within the City of Dubuque for resale or rental to low- and moderate-income families RESOLUTION Authorizing staff to negotiate, draft, and execute and an Agreement with Affordable Housing Network, I nc. for the Community Development Block Grant Funds allocated through the FY19 budget process in accordance with a National Objective for the rehabilitation of residential property within the City of Dubuque for resale or rental to low-and moderate-income families SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Affordable Housing NetworkAgreement-MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Approving Agreement Resolutions Resolution Authorizing CDBG Resolutions Agreement Supporting Documentation CHANGE Brochure Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Agreement with Affordable Housing Network Inc (AHNI) for Neighborhood Revitalization Efforts in the CHANGE Initiative DATE: May 30, 2019 Housing and Community Development Director Alexis Steger recommends City Council approval of an agreement with Affordable Housing Network, Inc. for City support in the amount of$600,000 in Housing TIF funds over the next five years to complete the rehabilitation of 20 units (5 units per year), with the goal of providing affordable homeownership opportunities. It is further recommended that the City Council approve the use of Community Development Block Grant (CDBG) funding in the amount of $150,000 from the FY 2019 CDBG Annual Allocation for the rehabilitation of an additional 5 units. Between CDBG and Housing TIF funding, Affordable Housing Network, Inc. would receive $750,000 in funding over five years to rehabilitate a total of 25 units. This is similar to the agreements with Community Housing Initiatives (20 units) and True North (50 units) as the City attempts to achieve a goal of renovating 120 and selling 120 units. AHNI is unique in their approach to providing supports to neighborhoods and low/moderate income residents, and is able to offer a responsible rent-to-own model. This model provides credit counseling and other wrap around services for the maintenance of the home, to help increase the chances of homeownership for a resident not otherwise eligible for a traditional loan. This supports the CHANGE program goals of increasing homeownership for residents who have been marginalized, or had significant hardships that prevent homeownership opportunities. I concur with the recommendation and respectfully request Mayor and City Council approval. �� �it�� �ti� Mic ael C. Van Milligen �� � MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Alexis M. Steger, Housing and Community Development Director 2 THE CTTY OF Dubuque �" ui���eNe�ary DUB E 'il��i;' Masterpiece on the Mississippi Z°°' Z°'Z 2013 2017 TO: Michael C. Van Milligen, City Manager FROM: Alexis M. Steger, Housing & Community Development Director DATE: May 29�h, 2019 RE: Agreement with Affordable Housing Network Inc (AHNI) for Neighborhood Revitalization efforts in the CHANGE initiative Background Affordable Housing Network Inc (AHNI) is requesting CDBG funding from the FY 2019 CDBG Annual Plan Allocation in the amount of $150,000 to assist with rehabilitation costs associated with completing neighborhood revitalization efforts under the CHANGE initiative. This funding would support the rehabilitation of 5 units, for a contribution of $30,000 per unit, with the goal of providing affordable homeownership opportunities. Additionally, the attached agreement commits to an additional $150,000 per year, for the following four years, in Housing Tax Increment Financing funding. This would support an additional $30,000 per unit for 5 units per year Between CDBG and Housing TIF funding, AHNI would receive $750,000 in funding over five years to rehabilitate a total of 25 units. Discussion AHNI is a well-established non-profit that partners with Four Oaks and works towards revitalizing neighborhoods. They have significant presence in Cedar Rapids, where they took on a large neighborhood revitalization effort in Wellington Heights. Not only do they provide the resources for rehabilitation of dilapidated homes, but they provide wrap- around services for those residing in the homes. The City of Dubuque committed to transforming, through rehabilitation, 120 housing units for homeownership under the CHANGE initiative. Current the city has partnered with Community Housing Initiatives, Inc (CHI) and True North to complete 70 housing units, and the City has rehabbed several more teaming with the Heart program. The agreement with AHNI provides an additional 25 units to be completed over the next five years. The first year of funding is being requested from CDBG, and the next four years will be funded through Housing TIF as part of the attached agreement. All units that are rehabilitated through this agreement are required to be sold to a low/moderate income resident for homeownership at 80% area median income or less. AHNI is unique in their approach to providing supports to neighborhoods and low/moderate income residents, and is able to offer a responsible rent-to-own model. This model provides credit counseling and other wrap around services for the maintenance of the home, to help increase the chances of homeownership for a resident not otherwise eligible for a traditional loan. This supports the CHANGE program goals of increasing homeownership for residents who have been marginalized, or had significant hardships that prevent homeownership opportunities. Consistency with Unified Development Code Projects requesting City support must be zoned for proposed use prior to receiving a financial commitment of support from the City. Anticipated properties to be acquired would not need to be re-zoned; however, each property will be required to have a 21- year covenant requiring homeownership. Should a property be used as a rent-to-own, the covenant would be required prior to final sale into homeownership. Projects requesting City support must be compliant with historic preservation regulations for proposed use prior to receiving a financial commitment of support from the City. This project may contain historic preservations efforts depending on the homes purchased. Those requirements will be followed prior to payment to AHNI. Consistency with City Council Goals & Priorities The City of Dubuque reviews applications for city support to ensure the request is consistent with the City Council Goals & Priorities. This project supports the City Council Goal #2: Vibrant Community: Healthy & Safe and Goal #3: Livable Neighborhoods and Housing: Great Place to Live. Weaved into these goals, the outcome of providing safe, affordable homeownership throughout the city. Consistency with the Consolidation Plan The U.S. Department of Housing and Urban Development (HUD) requires communities who receive Community Development Block Grant (CDBG) funds to complete a five- year Consolidated Plan that identifies general areas of need in the community and how to address them, particularly in the areas of housing, economic opportunity, and community development. The City of Dubuque reviews applications for city support to ensure the request is consistent with the needs identified in the current Consolidated Plan. The agreement with AHNI meets the following objective identified in the City of Dubuque Consolidated Plan: "Provide opportunities to maintain, improve, obtain and develop affordable housing". Relocation AHNI may need to relocate tenants currently occupying a housing unit. All relocation requirements for temporary and permanent relocation per Federal Guidelines will be followed. 2 Recommendation Staff recommends the City support these efforts by AHNI because their mission supports the CHANGE initiative and many other outcomes that the city has identified through the consolidated plan. AHNI is a partner that can be a pillar in a community, providing essential services to those residents that have been marginalized in the past. The Community Development & Planning Department, as well as the Police Department from Cedar Rapids highly recommends partnering with AHNI because of their proactive approach to engaging the community while completing their work. The work they do transforms neighborhoods based on what each neighborhood needs to be safe, healthy and sustainable. Action Requested I respectfully request the City Council adopt a resolution approving the agreement with Affordable Housing Network, Inc. for city support in the amount of$600,000 in Housing TIF funds over the next five years to complete the rehabilitation of 20 units. I also respectfully request City Council approve the use of CDBG funding in the amount of $150,000 from FY 2019 (Plan Year 2018) CDBG Annual Allocation for the rehabilitation of 5 units. 3 Prepared by Alexis Steger, Housing & Community Devel., 350 W. 6th St., Suite 312, Telephone: 563-690-6072 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: (563) 589-4100 RESOLUTION NO. 224-19 APPROVING AN AGREEMENT WITH AFFORDABLE HOUSING NETWORK, INC. FOR THE REHABILITATION OF RESIDENTIAL PROPERTY WITHIN THE CITY OF DUBUQUE FOR RESALE OR RENTAL TO LOW AND MODERATE -INCOME FAMILIES WHEREAS, City has created Housing Tax Increment Financing areas under Iowa Code §403.22; and WHEREAS, Iowa Code requires 38.1 % of the increment generated from the Housing Tax Increment Financing areas be dedicated to low and moderate -income family housing assistance; and WHEREAS, City has created a fund to be expended for one or more of the state code purposes, including matching funds for any state or federal moneys used for such purposes; and WHEREAS, City wishes to engage AHNI to acquire, rehabilitate, resell, and/or manage property consisting primarily of residential units, for the benefit of low and moderate -income populations, located within the city limits of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The Agreement is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute such Agreement on behalf of the City of Dubuque, Iowa. Section 3. The City Council grants the authority to the City Manager or the City Manager's designee to manage the agreement and act in accordance with the terms of the agreement. Passed, approved and adopted this 3rd day of Junes 2019. Attest: Kevin 7 irnstahl, Cit Clerk D. Buol, Mayor Prepared by Alexis Steger, Housing & Community Devel., 350 W. 6th St., Suite 312, Telephone: 563-690-6072 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: (563) 589-4100 RESOLUTION NO. 225-19 AUTHORIZING STAFF TO NEGOTIATE, DRAFT, AND EXECUTE AND AN AGREEMENT WITH AFFORDABLE HOUSING NETWORK, INC. FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ALLOCATED THROUGH THE FY19 BUDGET PROCESS IN ACCORDANCE WITH A NATIONAL OBJECTIVE FOR THE REHABILITATION OF RESIDENTIAL PROPERTY WITHIN THE CITY OF DUBUQUE FOR RESALE OR RENTAL TO LOW AND MODERATE -INCOME FAMILIES WHEREAS, City is a recipient of United States Housing and Urban Development Department Community Development Block Grant (CDBG) funds; and WHEREAS, CDBG regulations allow the City to award the funds to subrecipients for projects meeting a national objective; and WHEREAS, one of the national objectives includes activities benefiting low and moderate -income persons, at least 51 percent of whom are low- and moderate -income persons; and WHEREAS, City has budgeted in FY19 to provide $180,000 to Affordable Housing Network, Inc. (AHNI) to acquire, rehabilitate, resell, and/or manage property consisting primarily of residential units, for the benefit of low and moderate -income populations, located within the city limits of Dubuque, Iowa; and WHEREAS, in accordance with United States Housing and Urban Development Department regulations the City must have a written agreement governing the commitments and responsibilities of the parties in expending CDBG funds toward the national objective. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City Manager or the City Manager's designee is authorized to negotiate, draft, and execute an agreement with AHNI for the budgeted CDBG funds. Section 2. The City Council grants the authority to the City Manager or the City Manager's designee to manage the agreement and act in accordance with the terms of the agreement. Passed, approved and adopted this 3rd day of June 2019. Attest: Kevin . irnstah Ci y ' lerk 7 Roy D. Buol, Mayor AGREEMENT BETWEEN THE CITY OF DUBUQUE AND AFFORDABLE HOUSING NETWORK, INC. This Agreement is made by and between the City of Dubuque, lowa ("City") and Affordable Housing Network, Inc., an lowa non-profit corporation, and its subsidiaries ("AHNI") and shall be effective beginning on the Effective Date and shall remain in effect until June 30, 2024 (the "Term" of this Agreement). Whereas, City has created Housing Tax Increment Financing areas under lowa Code §403.22; and Whereas, lowa Code requires 38.1°k of the increment generated from the Housing Tax Increment Financing areas be dedicated to low and moderate-income family housing assistance; and Whereas, City has created a fund to be expended for one or more of the state code purposes, including matching funds for any state or federal moneys used for such purposes; and Whereas, City wishes to engage AHNI to acquire, rehabilitate, resell, and/or manage property consisting primarily of residential units, for the benefit of low and moderate-income populations located within the city limits of Dubuque, lowa (the "ProjecY'). NOW THEREFORE, in consideration of the premises and respective covenants, agreements and representations hereinafter set forth, the parties agree as follows: Section 1. Funding. AHNI agrees to provide resources directly or through third parties to finance the Project above the committed City funds provided under this Agreement. AHNI agrees to actively seek and identify additional funding sources and/or grants in furtherance of the goals of this Agreement. The City agrees to invest with AHNI the sum of $600,000 funded with Housing Tax Increment Financing funds dedicated to low and moderate-income family housing assistance. The City funding shall be provided via payments to be used for the acquisition and rehabilitation costs for each unit so that AHNI does not experience a financial loss. The City funding will be provided to AHNI over a five (5) year period as outlined in the attached Exhibit "A" which is incorporated herein by this reference and is also subject to inclusion in the adopted City budget over the Term of this Agreement. The City funding shall be in the form of payments toward the rehabilitation costs of each unit up to, but not more than $30,000, and in no event to exceed the total rehabilitation cost per unit. AHNI may begin accessing the City funds upon acquisition of each property. Funding requests to the City shall be in writing and shall include supporting documentation regarding the property acquisition. The City shall not have a lien on the properties as a result of the funding and shall not record any documents encumbering title to the properties as a result of the funding hereunder except for the owner-occupied restrictive covenants referenced below when applicable and the second mortgages for income-qualified purchases referenced below when applicable. The number of properties to be completed per year in the Project is dependent on funds available from the City Housing Tax Increment Financing Districts and may be adjusted on an annual basis with six months' written notice from the City to AHNI before the beginning of each fiscal year. Upon the sale of residential properties completed for the Project under this Agreement, the sale proceeds will be distributed to AHNI for the satisfaction of any related AHNI loans or obligations and to be used for the acquisition, rehabilitation, and resale and/or property management of additional properties, used for the creation of a contingency reserve, or for such other uses as approved by the AHNI Board of Directors and consistent with its mission. Upon lease of properties completed for the Project and to be managed by AHNI as property manager, the rents shall be retained by AHNI to be used for the same purposes as proceeds from the sale of properties completed for the Project. Section 2. Scope of Work. AHNI Obliqations Conditioned upon receipt of funds from the City, AHNI agrees to acquire, rehabilitate and either sell or property manage up to twenty (20) total residential units during the Term of this Agreement (hereafter the "Minimum Improvements"). The Minimum Improvements will be made in accordance with the City of Dubuque Rehabilitation Standards attached hereto as Exhibit "B" and incorporated herein by this reference (the "Standards"), unless an exception to the Standards is approved in writing by the City of Dubuque Housing & Community Development Director or designee. Changes to the Project goals, scope of services, schedule or budget, unless otherwise noted, may only be made through a written amendment to this Agreement, executed by the City and AHNI. AHNI will administer all tasks in connection with the aforesaid Project in compliance with all applicable Federal, state, and local rules and regulations governing these funds, and in a manner satisfactory to the City. For purposes of this Agreement, a residential unit can be located within a single-family structure or a multi-unit structure. Each unit within a multi-unit structure, such as a duplex for example, shall constitute a residential unit for purposes of this Agreement. 2 Acquisition of up to twenty (20) total residential units shall be completed by the end of the Term of this Agreement, and additional non-residential units may be completed under this Agreement with written approval of the City. In the event that a residential unit is anticipated to required more than the allotted City funds for acquisition and rehabilitation, AHNI agrees to consult with the City on options for the residential unit. Final determination shall be made by the City, and options may include but are not limited to: (1) Additional City funds for the acquisition and rehabilitation of the residential unit; (2) City acquisition of the residential unit; (3) Deconstruction of the residential unit and construction of a new residential unit; (4) Deconstruction of the residential unit and sale of the lot for the construction of a new single-family residence to be built with a 21-year owner occupied restrictive covenant; (5) Deconstruction of the residential unit and re-platting of the lot for sale to abutting property owner(s) with a 21-year owner occupied restrictive covenant, unless the covenant requirement is waived by the City. AHNI agrees to maintain the properties while AHNI is the owner of such properties, including properties held for sale and properties to be managed by AHNI, with such maintenance to include but not be limited to lawn care, snow removal, general maintenance, and keeping the properties clean during rehabilitation or construction. AHNI will maintain insurance in accordance with the provisions of this Agreement and as specified in Section 4 of this Agreement. AHNI agrees to maintain accurate records that include detailed costs associated with the Project and Minimum Improvements, the proceeds received from the sale of each residential unit, and the documentation supporting the income qualifications of those who purchase or rent from AHNI. AHNI shall make such records available to the City upon request. AHNI will determine the sale price and rental rates of residential units using factors such as the costs incurred by AHNI, the appraised value of the rehabilitated residential units, and the market rate of similar residential units. When City Housing Tax Increment Financing funds are applied to the acquisition, rehabilitation or sale of a residential unit, or rental of a unit, the rental or sale of the unit 3 shall be subject to an income restriction requiring that the purchaser or tenant be at or below 80°k of the area median income at the time of closing on the purchase of the unit or initiation of the tenancy. AHNI will conduct sufficient advertisement of the housing rehabilitation program and other forms of outreach to ensure that enough eligible purchasers or applicants from the designated target neighborhood(s) of participate in the program to meet Housing TIF housing rehabilitation goal of 15 completed units. Properties sold as part of the Project will be subject to a recorded 21-year owner occupied restrictive covenant in substantially the form attached hereto as Exhibit "C" which is incorporated herein by this reference. Citv Obliqations Funding obligations as outlined in Section 1 . The City agrees to have an Inspector and Supervisor perform final property inspections with AHNI to confirm completion of rehabilitation or construction and compliance with rehabilitation standards. The City agrees to loan to income qualifying purchasers 20°k of the purchase price for a down payment (not to exceed $25,000) as a second mortgage with a repayment schedule of zero payments at zero interest, with the balance due upon sale by the purchaser or the purchaser's heirs, successors or assigns. Section 3. Indemnification. Each party shall indemnify and hold harmless the other party, its officers, directors, employees and agents from and against any claim, liability, damage, assessment, or expense (including expenses of investigation and defense, and reasonable attorney fees and expenses) of any nature whatsoever sustained, suffered or incurred for or on account of, or arising from or in connection with any breach of this Agreement by such party, or resulting from the negligence of such party, provided however, that the party seeking indemnification shall be excluded from such indemnification if the losses, claims, expenses, or other damages resulted from the gross negligence or intention misconduct of the party (or such party's employees or agents) that is seeking indemnification. The party seeking indemnification under this Section must: (i) promptly notify the indemnifying party in writing of the claim or threatened claim; (ii) permit the indemnifying party to have sole control of the response to the claim or threatened claim and of the defense of any action and of any negotiation or agreement relating thereto; and (iii) cooperate fully in the defense of the claim as requested by the indemnifying party. Section 4. Insurance. 4.1 Property Insurance. 4 A. AHNI shall maintain at all times during the Project, at its sole cost and expense, builder's risk insurance on the properties, written on a Completed Value Form, in an amount equal to one hundred percent (100°k) of the properties' replacement value, including improvements, when rehabilitation or construction is completed. Coverage shall include the "special perils" form, and AHNI shall furnish the City with proof of insurance by providing copies of certificates of insurance upon request. B. Upon completion of the Project and until expiration of the Term of this Agreement, AHNI shall maintain, at its sole cost and expense, property insurance against loss or damage to the properties including the Minimum Improvements under an insurance policy with the "special perils" form and in an amount not less than the full insurable replacement value of the properties including the Minimum Improvements. AHNI shall furnish the City with proof of insurance by providing copies of certificates of insurance upon request. C. The term "replacement value" used herein shall mean the actual replacement cost of the property with Minimum Improvements, excluding foundation and excavation costs and the costs of underground flues, pipes, drains, and other uninsurable items, and shall include equipment, and shall be reasonably determined from time to time at the request of the City but not more frequently than once every three (3) years. D. AHNI shall notify the City immediately in the event of destruction of or damage to properties subject to this Agreement exceeding $50,000 resulting from fire or other casualty. Net proceeds of any such insurance ("Net Proceeds") shall be paid directly to AHNI as its interests may appear, and AHNI shall repair, reconstruct and restore the properties to substantially the same or an improved condition or value as they existed prior to the casualty event causing such destruction or damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, AHNI shall apply the Net Proceeds to the payment or reimbursement of the costs thereof, subject, however, to the terms of any mortgage or loan encumbering title to the properties. AHNI shall complete the repair, reconstruction and restoration of the properties whether or not the Net Proceeds are sufficient. 4.2 Liability Insurance. AHNI must maintain a commercial general liability insurance policy with coverage and limits not less than the following: General Aggregate Limit $2,000,000 Products — Completed Operations Aggregate Limit $1 ,000,000 Personal and Advertising Injury Limit $1 ,000,000 Each Occurrence $1 ,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 5 Section 5. Intellectual Property. Each party shall retain all of its right, title and interest in all of that party's now known or hereafter known or developed tangible and intangible intellectual property, including without limitation, all works of authorship; copyrights; trademarks; service marks; trade names; other intellectual and industrial property rights, however designated, whether arising by operation of law, contract, license, or otherwise; and registrations, initial applications, renewals, extensions, continuations, divisions or reissues now or hereafter in force. Section 6. Amendments. This Agreement may be modified or amended only by a writing duly authorized and executed by both AHNI and the City. Section 7. Parties Bound. The terms and conditions contained in this Agreement shall apply to and bind the parties hereto and their representatives, successors and assigns. Section 8. Notices. All notices or demands pursuant to this Agreement shall be deemed to have been given, made or delivered when made in writing and deposited in the First Class U.S. Mail, postage prepaid, addressed as follows: To City: City of Dubuque Housing & Community Development Attn: Alexis Steger, Housing Director 350 West 6�h Street, Suite 312 Dubuque, lA 52003 With a Copy to: City Attorney's Office 300 Main Street, Suite 330 Dubuque, lA 52001 To AHNI: Affordable Housing Network, Inc. 5400 Kirkwood Blvd. SW Cedar Rapids, IA 52404 The address for notices and demands for either party provided above may be changed by written notice to the other party as provided above. Section 9. Termination. Either party may terminate or cancel this Agreement for any or no reason by providing sixty (60) days' written notice to the other party. Upon termination, AHNI shall repay to the City any City funds received by AHNI for properties with Minimum Improvements not completed underthisAgreement orAHNI shall complete such Minimum Improvements notwithstanding termination of this Agreement. Section 10. Relationship of the Parties. Nothing herein shall be construed by the parties, or by any third party, as creating the relationship of principal and agent or of partnership or of joint venture, it being understood and agreed that no provision of this 6 Agreement nor any acts of the parties hereto shall be deemed to create any relationship other than that of independent contractors. Section 11. Governing Law. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Iowa. Section 12. Severability. If any term or provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement will remain in full force and effect and will in no way be affected, impaired, or invalidated, unless such enforcement would frustrate the purpose of this Agreement. Section 13. Force Majeure. In the event that either party hereto will be delayed, hindered or prevented from the performance of any obligation required hereunder by reason of strikes, lockouts, labor troubles, unavailability or excessive price of fuel or other materials, power failure, riots, insurrection, war, terrorist activities, chemical explosions, hazardous conditions, fire, weather, or acts of God, or by natural disasters, or delayed in performing obligations required under the terms of this Agreement, then performance of such obligation shall be excused for the period of the delay and the period for the performance of any such obligation will be extended for a period equivalent to the period of such delay. Section 14. Performance. The parties agree to execute and deliver such other documents as are necessary to carry out the Project. Section 15. Paragraph Headings. The paragraph headings in this Agreement are solely for the convenience of the parties and shall not be used to explain, modify, or aid in the interpretation of the provisions of this Agreement. Section 16. Entire Agreement. This Agreement constitutes the entire agreement between the parties, and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated into this Agreement. Section 17. Counterparts and Electronic Signatures. This Agreement may be executed in two or more counterparts, whether by electronic signatures or via facsimile or other electronic means, each of which shall be deemed an original and all of which together shall constitute one instrument. IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. CITY OF Dj BUQUE, IOWA AFFORDABLE HOUSING NETWORK, INC. By: Name: Title: 0 Rdy D. Buol Mayor By: G Name: Title: 7 Exhibit "A" Budget Exhibit "B" City of Dubuque, lowa Housing Rehabilitation Standards Exhibit "C" Restrictive Covenant 8 EXHIBIT A Fiscal Year 2020: $0 Fiscal Year 2021 : $150,000 Housing Tax Increment Financing Funds Fiscal Year 2022: $150,000 Housing Tax Increment Financing Funds Fiscal Year 2023: $150,000 Housing Tax Increment Financing Funds Fiscal Year 2024: $150,000 Housing Tax Increment Financing Funds 9 EXHIBIT B 10 Dubuque Housing and Community TxE crrx oF �� � Development D7 7� � � Housing Rehabilitation Program �J �����m� 350 W.6�'Street, Suite 312 Masterpiece on t{ze Mzssissipp{ =ao�.=m�.ti.�9 Eoaa"orsHO,Hs v` Dubuque,IA 52001 Office(563)589-4239 � ' � �• � y '� � CITY OF DU BUQU E HOUSI NG REHABI LITATION STANDARDS � � � � � ; � i Created 2/18 by: Roger Benz,Rehabilitation Programs Inspector and Kris Neyen,Rehabilitation Programs Supervisor. 11 TABLE QF Ct3NTENTS REHA'BILITf�T10N STANDARDS 1. G€NERAL Materials/Products Workmanship Manufacturers Warranties Qualified Staff, Inspectors, and Contractors 2. SITE WORK Landscaping 3. FOUNDATIQN Basements and Crawi Spaces,Moisture and Leaks 4. WOC?D FRAMING Nan-Formaldehyde Manufactured Wood Products Waliframing studs Woad Structural Campanents Beams,Columns, Posts, Plywoad` Termite Treatment i 5. EXTERIQR WALLS Exterior Sheathing Wap Insulation, Replacement Windows Exterior poors Doar&Windaw Sealing Low-Maintenance Vinyl Siding Exteriar 7rirn E�erior Paint,Stain,Varnish Masonry and Veneer Fikaer Cement Board Siding Stucco 6. ROOF Roof accessories, Roof Structure,Asphait Shingles, Roof Sheathing Ice and water protection membrane Flashing Gutters and Downspouts Roof Repairs and Leaks 7. PLUMBING' Plumbing Fixtures Water Heaters On Demand Water Heaters,Shower and'Tub Drains 8. ELEGTRICAL Outlets/Switehes GFI Outlets Light Sockets 9. 1NTERIQR CLIMATE CONTROUHVAG Furnaces,Thermostats i OiI Storage Tanks Air Infiltration and drafts 10: 1NTERIOR Interior poors Kitchen/Bath Gabinets Counter Tops Laminates Gypsum Wallboard Ceramic Tile Paint,Stain,,and Varnish 12 Non-toxic Paint 5trippefs Wallpaper and Vinyl Wall Coverings Lath and Plaster i Interior Stairs 71. FLOOR FINJSHES Subflooring,Carpeting,Woad Flooring Roll Uinyl and Resilient Tile Fiooring Hard-surface Flooring 12. MISCELLANEOUS Driveways and Sidewalks i Exteriar Wood Porches7DeckslStairs: Concrete Stoops and,Steps 13, ENVIRONMENTAL(Hf3ZARDOUS MATERIALS Lead-based Paint Asbestos i Radon Others RPRENDENGIES`. A. List of 5tate and Locat Build'ing Gades 13 iNrRODucTiaN The following standards are required for all Rehabilitation Projects, unless otherwise noted in the Rehab Scope of Wark; All materials and fixtures used in Rehabilitation shall be of mid-line eost and quality, j The Residential Rehabilitation Standards are not intended to reduce or circumvent the requirements of law and current appiicable Building Codesl IPMC code standards, i All construction means,and methods shall kae performed in compliance with Federal Occupational Safety ; and Health Agency-(OSHA)regulations: Cade uiolations,building&site defects that are health, safety and fife threatening are priorities, i 14 RESIDENTIAL R'EHA'BILITATION STANDARDS Rehabilitation Stan'dards Include: Federal Minimum Rehabilitation Standards: 24 CFR VIII, 882.109 Hausing Quality Standards Written Trade, Manufacturer's Specifications,Standards, Recommendations and In�#allatit�n Instructipns All applica;ble Federal, State& Loeal code requirements: 1': GENERAL Materials/Products shafl be new; in good condition,and of the grade required by the work ui�rita-up or specifications unless otherwisa�agreed�to in writing.Mateiia�ls damaged ir� shipment 4rprior ta owner's acceptance shall 6e replaee�l at the contraetor's expense: Deliver,stare and handle products using means and methods that wiil prevent darnage and deterioration from moisture,rain;dirt and other harmful influences including loss and theft. Workmanship;shall be in accordance with'the trades standards. City Rehab staff shall ensure that the mechanical exeeutian of the rehabilitation work is performed in a manner consistent with principles of quality workmanship,the material manufacturer's installation instructions;and all codes thaf apply. Manufacturers warranties shall be in addition to the General Contractor'warranty and do not relieve the Contractor of stipulated obligati4ns or requirements: All'work must be performed, instailed in accordance#ca warranty stipulations,and the requirements for coverage: lowa Law requires that aII Gont�actors warranty their work for'1 calendar year after the date of comp�etion. Qualified Staff; Inspectors,and Gontractors are the responsibility of The City of Qubuque Rehabilitatian 5taff.The City af Dubuque Rehabilitation Staff shall ensure that all persons involued in a rehabilitatian project shall be qualified far their tasks. If the nature of the work requires persannel to be licensed'car atherwise certified to perform the work,The City of' Dubuque Rehabilitatiort Staff shall ensure that the personnel meet the requirements, All qualified Rehab Contractflrs shall be registered with Dunn and Bradstreet, and provid@ the registration number to Rehab Staff. Qualified Rehab Gontractors MAY NOT be listed as under'debarment on the SAM.GOV website. 2. EXTERIOR SITE WORK All proposed site wrork must keep water away from the building foundation. It must promote pasitive drainage av�ay from the hame and any neighboring structures.Jf must nat create erasion;sail contaminatican or damage to the owner's property or neighboring properties.Any damage to the site ar a neighboring site due;to the perfcarmance;of the specified site work must be repaired. Lantlscaping Plantings,trees,shrubs etc.that are a safety hazard shall be removed, Lawn areas affected by ths removal shall be-restared. 15 3; F�UNDATION Foundations must be stable. Footings shall be concrete,with waterproof cancrete foundatiorr ', walls and slabs,when requirad by statellocal code for new construction, reconstruction andfor repair. Basements and Crawl Spaces Maisture and Leaks The source of water infiltration should be identified and corrected before repairs are ', completed. Roof water;clogged downspouts, landscape grading, insu�cient foundation drainage, poor inadequate design etc.are all common causes of basement and crawl-space ', maisture. Rspairs should improue health,&safety�in��basement and crawl space5. �� 4, WOG1D FRAMING Alf existing structural components must be sound/stable and in serviceable-conditian for the expected useful I'rfe of the rehabilitation work to be performed(15 years). Unstable, craGked, ', leaning, buckli'ng,andlor shifting exterior walls shall be restored as per code and are priorities. All wood studs,foundation posts,sills,girders and piates showing signs of rot, rlecay, and structural failure must`be replaced.There shcruld be no hcrles,separation, cailapsing or severely deteriorating walls or siding materials. Nott-Formaldehyde Manufactured Wood Products Due to concerns about post-installation formaldehyde emissions,v�rood products containing Urea Formaldehyde (UF) resin binders should not be used. ', Wall framing 5tuds Interior and exterior-shall be installed on 12", 16"or 24"centers,or as required by structural ', canditions. Wood Structural Components Beams,Columns,and Posts Cheek eode requirements and use qualified professi�nals for doeuments and specifications ', for repairs,insluding replacements or adjustments#o load bearing companents. For major structural damage,a structural analysis must be campieted by a licensed and insured structural engineer. Plywood Plywood shai!be trademark stamped. Tnterior Always use interiar grade piywoad far interior work,as specified by manufacturers: Exterior Always use exterior grade plyvirood for exterior work as specified by manufacturers. Structural(Co nstruction A�ways use ecanstruetion grade plywood for structural wark.Construction grade p�ywood is stamped C-Q or CDX: Termite Treatment Infestation shall be eliminated bytreating in accordance with the requirements of a certified ', exterminator: Refer ta the Exterminator's warranty for service or further damages after i treatment. ' 5. EXTERIOR WALLS Exteriar walls are to ccamply with all codes that apply,Theyneed to be weather-tight, ', structurally sound,energy effieient and shall not permit entryof insects;water,snow or wind into the interior. 16 Exterior Sheathing Sheathing shall be a nail-able wrood product,with a minimum thickness af^f". Air infiltration barriers,such as building paper; or hause wrap designed to protect the wall fram water moving past the exterior siding:shall be used at the exterior of the wall sheathing. {See 4 Plywood) Wall Insulation Installation of all insufation shall be perfcrrmed with fhe utmost care,with the highest standard' af professional workmanship; in strict compliance with manufacturer's-specifications and installation instructions,Example:_kraft-paper faced insulation shall be stapled as required, covering aU gaps and�penetratians in the uvall cavity�; Use plastic vapor�barrier u�kren required i by code. Replacement Wndows Use energy star rated, Low E-glass replacement windows that confarm to all Building Gode requirements, including#hose forsafety glazing and emergency egress.The window installation and installers must also be as indicated by the manufacturer.Select replacement windows with a 10-year minimum warranty: When possible,use new c�rnstruction windows with same rating. E�erior poors Rerrrove and replace doors and frames that are warped,bowed or othervvise damaged. Manufacturer`s warrantee must be a minimum of 5 years. Use energy star labeled door. Thresholds sfiall be seaied to th�e�subfloai.Sides and tops of���doors sh�Jl be prouided vvith � weather-stripping.All hardware shall 6e installed with the required screws, bolts;and fasteners as provided by the manufacturer,and packaged with the hardware, Select only steel daors for exteriors.Always install exterior storm doors for additional thermal and moisture protection. All new unpainted entry do�rs must be painted with 2 coats,or to cover,whichever is required to camplete the painting in a workmanlike manner. Door&Window Sealing The shim spaGe between the framing far windows or doors{including attic access), raugh openings,and the installed doors and windflws shalf be sealed with non-expanding spray foam sealant;ctosed cell foam backer rod,spray applied insulatian,car other surtable insulations. Cellulose,fiberglass or rack wrool batt insulation is not aeceptable as an insulation, but can be used as a backing for a sealant(such as caulk),Thresholds for e�erior doars shall be sealed to the subfloor. Low-Maintenance Vinyl Siding The City of Dubuque Rehabilitation Department requires use of"triple-3"vinyl sid'ing unless otherwise specified in tha scope of work. The City of Dubuque Rehal�ilitatian Qepartment Always uses SHPO(State Histarical Preservation Office)guidance on deciding the profile shape of replacement vinyl siding. The System must accommodate positive drainage to exteriflr for moisture entering the panel system,or ccandensation within the panel system. Complywith manufacturers written installation instrueticans.There shall be a 20 Year material and labor warranty from the date af completion. Existing Vinyf Siding Repairs:, Always check,for hazardous materials. Locate and repair the cause of the siding damage. Re,pair in accordance with manufacturers standards. Check for warranty coverage. 17 Exterior Trim Low-maintenance trim materials such as vinyl, cellular PVC,or pre-finished cement boards may be used.All exteriar wood'Yrim shall be solid waad free from knots, defects and warping. Exterior Paint;Stain,Varnish Low-VOC(Volatile Organic Campounds) paints,stains and varnishes use water as a carrier instead of petroleum-based solvents.As such,the leveis of harmful emissians are lowar than solvent-borne surface coatings,These certified coatings als�r contain no (or very low levels af}heavy metals and formaldehyde: Paint shalf be delivered to the site in original containers labeled by the manufacturer,with seals unbr4ken. If the exterior is stained wood;the finish shall be a solid-body stain, not'the transparentsor semitransparent type. Exterior Siding:Appfy 2 coats of solid-body stain over pre-primed siding. ExteriorTrim;Apply lcoat of primer,and 2 coats semi-gloss paint. Masonry and Veneer Repair,repaint,and clean all masonry and stone in compliance with Masonry Trade Standards and Brick Industry Association recommendations, Fiber Cement'Board Siding For existing Fiber Cement siding,test for asbestos befcrre repairs. (See appendix G Asbestos} Locate and repair cause of siding damage: Repair in accordance with manufacturer's instructions.Check for warranty coverage. Warranties can be up to 50 years: The City of Dubuque Rehabilitation Department Alviays uses SHPO(State Historical Preservatian Office)guidance-on deciding the,profile shape of replacement siding. Stucco For Historic homes,use SHPO guidelines fior repair. Locate and repair the cause of stucco damage. Use an experienced professional stucco repair persan. Piease note that there is Portland cemant;as well as lime-based stucco. Repairs should be in acGordance with stucco type. 6, RQQF-DO NOT USE metal roafing Problems sueh as evidence of severe deterioratia�(e.g.curled/cracked asphalt shingles, severely corroded metal or mass,;growth),missing,)oose,ineffective,or inappropriate materials shall be carrected. Pravide materials complying with governing regulations: Replace all roofing that is older than 15 years of age. Comply with published recommendations of shingle manufaeturer details and Recammendations of NRCA Roofing Manual for installatiorrof underlayment and shingles, using the correct num6er caf nails sand eaurses caf shingles,in aecordanee with manufacturer's standards,. Roof accessories Including valley flashing'and flashing against walls,chimneys;stacks and pipes shall be watertight,durable,and free from excessive wear;obviaus defects in materials,and workmanship. 18 Roof Structure(s2e#4 Wood Framing) Asphalt Shingles Provide asphalt fibarglass shingles on sloped eoofs Install Architectural, multi-tab; mineral surfaced,self-sealing,fiberglass asphalt shingles with a 30-year warranty. Install according to manufacturer's written instructians. If there are 2 or more layers of shingles,remove all,before raafing again. Roof Sheathing(see#4 Structural Plywood) As per manufacturers specifications. Ice'and water protectian memlyrane Where roof'slopes are less than a 4C12 pitch,and af all valleys, roof penetrations, eaves, intersectionsof walls and roofs,;hips,and wherever else required byjob conditions as per` manufacturers recommendations. Flashing Provide pre=finished aluminurn drip edge flashing at roof eaves and rakes, roof'to Chimney(wall(skylight connections,and other horizontal roof material transitions,fastened with appropriate nails. Gutters and Downspouts Rain from the roof gutter system shalf be directed via dowrtspouts in a way that water is discharged away from#he faundatian.The-minimum thiekness far aluminum gutters shall be 0.432", and 0.027"fcrr aluminum'flashing material. Roof Repairs and Leaks Ctieck all roof affected eomponents including eaves and roof penetrations. Repairs should match existing roof surfaces and finishes.Locate and repair any interior damages caused by leaking roofs. 7, PLUMBING All service,distributian,retum pipes,connectors,and accessories for fixtures,and heating sys#ems shall function�properly;shall nttti leak, and;shall be�praperly inst�lated., Systems including sewers shall operate free of fouling and clogging,and not have cross connections,,ot Iaack siphoning between fixtures.VNaste lines shall belied-in to an approved' sewer system.Any part af the dwelling which must be changad or replaced shall be left,in a safe structural candition in acccardance with applica6le codes. Plumbing Fixtures Equipment and materiaf shall comply with and be instelled in accordance with current plumbing code,manufacturers&trade specifications,standards. All vents pratruding through the roof sha�l 6e properly flashed: Ualues shall be provided at each fixture or each piece of equipment. Unions shall be provided to permit remouaf of equipment without cutting pipe Water Heaters Shal(meet requirements of the State Cade and have an Energy Star label.The type (gas or electric)and capacity will be given on the work write-up,or replacement will be with size and type required by number of bedrooms and baths.A 10-year minimum warranty is required: Water-heaters older than 10 years of age will be replaced with a minimum 40-gallon unit. Tankless/On Demand Water Heaters Use Energy Star-qualified tank-less water heaters,ta conserve heating time and energy use if 19 practical.The device should have a variable-set thermostat and be appropriately sized. Shower and Tub Drain Plumbing penetrations shall be bbcked with air-impermeable insulation and sealed at the edges with proper sealant. Rockwool,orequivalent products;shall not be used. &. ELECTRICAL All electrical connections,service entrance, interior/exterior service/breaker boxes,shaEl be assessed prior to proposed electrical work: All nonfunctional outlets, light fixtures and switches musY be inspected,eorrected and or replaced. All potential fire and safety hazards rriust�be addressed. Eiiisting electrical wirir�g,f�ture5 and receptacle5 that are�hazardous shall be repaiFedlrep�aced. �� ��� Condition of existing wiring and equipment:Existing wiring and equipment shall be in,proper operating condition;free of taped splices, loose eonnections,;missing;insulation;short circuits or unapproved grounds.Serviee conductors shall not be frayed,worn or bare. The changes being made to the house during rehabilitation must be considered when sizing the electrical systern for upgradefcode compliance. Outlets/Switches Cover plates must completely cover the hole in the wall and be of a matching style and color. Receptacles and switches must be flush with the cover plate and secu[ed in the junction box. All 3-prong outlets shall have an attached grcrund wi,re that is connected at the ground buss in the electrical paneL GFCI Dutlets All outlets near water sources must be GFGI(Ground Fauft Circuit Interrupting}outlets, Electric outlets that are not in campliance vvith code requirements must be replased. All GFCI outlets must be correctiy wirad per the Electrical Goda and the manufacturers specificatians. Light'Sockets Replace all damaged,loose, improperlyfiunctioning light sockets: Inspect existing wiring rand replace alI damaged ar frayed wiring.The isocket trim and trim-ring,ar escutcheon,must completely cover the hole, 9, INTERIf�R CLIMATE CPNTROL!HVAG Alffurnaces#5 years orolder will be replaced. Inspect for leaks,thermastat function,filtets,structural soundness,deteriaratian, clearances; ventilation, corrosion etc.Check all boilers for safety devices: The distribution systemshall be appropriate for the type of heating equipment to which it is eonnected.Jnstall in accordance with manufacturer's printed installation instruetions. The replacement heating equipment shalf be a praper fit in size to any-other existing portions af the system, i.e.fuel lines carrying the appropriate;quantity,type,and pressure of fuel;air distribution and return systems carrying the appropriate cfm`s#o each bcation;air eonditioning equipment;rated to match the furnace;properlysized electrical circuits and equipment, etc: Where the other equipment is improperly`sized to fit the new equipment,it shall also be repl�ced or mQdified so thatthere fs a proper#it�: 20 Furnaces All furnaces must be rated at 9�°k or higher efficiency. AlI ceMral air equipment attached to a furnace shall have a SEER rating(Seasonal Energy Effieieney Ratio)of no less than 1'4.5. Energy Star'qualifiedfiurnaces shall have variable-speed blowers and programmable thermostats,AII furnaces shall bear all applicable UL-listed and AGA-certified labels. For hot water systerns; provide Energy Star certified boilers, Minimum furnace warranty must be 15 years under normal use and,maintenance,all other components shall carry a 5=year warranty. Thermostats Provide all heatinglcooling systems with Energy Star qualified programrnable thermostats. Dwelling tharmostats shall be plaeed on an interior wall,at 48"abovethe finished floor, away from the directflow of forced air and drafts. Oil Storage'Tanks If a heating systern is being replaced or repaired,then the oil tanks must be inspected for proper operation, and to ensure that there are no leaks. Contaet a lieensed HVAC axpert. Air Infiltratian and brafts Heating work,and newsystem/furnace installation for homes,must include weatherization, draft,and heat loss improvements. 10. INTERIOR Smoke Detectors All residentiaf dwellings must have smoke detectors;properiy placed and installed. Use only new Dual-5ensor smoke alarms:Jnstall per the directions of the included handout on smoke alarm placement. Interior Qoars Repairs can be attempted on minor cracks and punctures only;otherwise, new pre-hung doors will be installed, Door finish to match existing dwelling doors. Kitchen!Bath Cabinets Unsafe, unsanitary,or nonfunctioning cabinetry shall be replaced.Verify access and clearance required for the installation of each cabinet.At albcabinet lacations,coordinate the installatian of convenience outlets,equipment,lighting fixtures, plumbing,and HVAC vents, etc:lnstallation must be plumb„level and true. Install any required blocking in tfie walls to receive fasteners: Field verify all dimensions and clearances and minimize filler pieces at the ends af cabineY runs.Install materials in accordance with manufacturer's inst�uctions and approved submittals. Install materials in proper relatican with adjacent canstrucYican and with uniform appearance.Anchor securely in place, and coordinate with countertop installation.Adjust and lubricate hardware. Restore damaged finishes and test for proper operation. Always instaU knobs and pull on all drawers and cabinet doors unless these fixtures have them bui�t in. Caunter Tops Countertops sh�wing evidence flf wear,water damage,uplifting surface materials etc.s�ould be,replaced, Gounter tops shaU hot have sharp exposed corners.Corners protruding more than 1-1l2"shall be eounded orchamfered: Use only high-definition laminatercauntertops. 21 Laminates Shelf,cabinet"end cauntertop substrate material for plastio laminate shall be exferior-typ€:, i hardwood-faced plywood,or other materiat approved by the manufacturer of the plastic laminate.Cut-out ec�qes shall ba sealed prior to the installation of sinks. Protect walls wiTh� i back'and side splashes?4"minimum at bathroom vanity tops and 6"minimum at kitchen countertops.Use only high-definition laminate countertops. Gypsum Wallboard(Drywall) The cause of warped,damaged,discolored {water)�rr deteriorating ceifings and walls must be��determinetG before�the wall ai ceiling is��epaired�.The prol�tem that caused the wall or� � ceiling damage must be repaired to ensure the problem daesn't reoeeur in the same area or causes problems in another area of the wall,ceiling or dwelling. Gypsum board panels-should be manufaetured inthe United States and labeled"made in the U;S.A."with the manufacturers name and manufacturing siteJocation,shall be pravided. Ceiling Use 1J2"{min)gypsum wall board or manufacturer's recornmendations shall be followed in specifying ceiling drywall adequate for supporting;the weight of speeified attie insulatian. Interior Partitions Use 1/2"{min:j gypsum wall board on all interior partitions unless otherwise required W�tlMoisture areas Use 112"(min,}mold-resistant gypsum wall board,.at bathro�rms, kitchens,and wherever wall tile is indicated(except within tub or shower enclosuresj; Exte�iar Walls� i Use 1/2"(min,:)gypsum sheathing board panels at exterior walls and ceilings where required, surfaced with'water-repellant paper on front, back,and lang edges; Ceramic>Tile Repairs#o Geramic tile on wall and floot finish comply with manufacturer's inst�uctions and recommendations: Paint,S#ain,and Varnish Low-VOG water-based paints,stains,varnishes,and other wood finishes use water as a carrier instead of petraleum-based solvents.As such,the levels of harmful emissions are lower than solvent-borne surfaee eoatings.These eertified eaatings also contain no heavy metals or formaldehyde Paint shall be delivered to the site in original cantainers, labeled by the manufacturer,with seals unbraken. Interior Partitians&Walls Apply 1 coat primer,and 2 coats satin or eggshell latex paint. Interior Ceilings Apply 1coat primer,and 2 coats flat�atex paint. Interior TrimlPainted Woodwork Apply 1 coat primer;and 2 coats semi-gloss latex painf., 22 Lathe and'Plaster Locate and repaie the cause of the damage: Repairs should be done by a contractor with lathe and plaster experience, Interior'Staies See#4 Wood Framing, 11. FLOORFINISHES [7amagad,,or dateriorating floars shalk�he repaired�or replaced. Subflooring Shall be according to finish flooring manufacturers specifications. Interior floor sheathing shall be 1/8"(rnin.)fhick. (See#4 Piywood} Carpeting Do not install carpets in basements,entryways, laundry rooms,bathrcroms or kitchens.a�l carpet and pad shall be shall be certified low-VOC. Wood Flo6ring Flaors with splits,cracks, holes,deteriaratian,warped planks shall be replaced, Replacement planks to match existing as closely as possible, Any holes in wood floors that are being refinished must be filled with matching wood. Roll Vinyl and Resilient Tile Flooring Resilient flooring or vinyl tile is acceptable for use in kitchens,bathrooms, laundry areas(except in basements)and storage raoms. Resi�ient flaoring shall have a minimum thickness of 10 mils.Wall base trim�shall be u5ed in all fiabitable spaces�. �� Hard Surface Flooring(ceramic tile,etc.) All repairs are to be in accordanee with industry trade standards. AII products must be;mid-grade in cost and quality. 12, MISCELLANEOUS Driveways and Sidewalks Drives,walks shail eomply uvith local Planning and Zoning requirements,state code:Paved surfaces adjacent to3he foundation shaJl not slope towardsthe structure. Repair of paved surfaces shall be minimal in cost and incidenta[to the rehabilitation of the dwelling. Exterior wood PorcheslDeckslStairs All unsafe or unsound porches and stairs should be replaced uvith treated wood and treated/paintedl with a finish coat to pratact from daterioratian by weather. Goncrete Stoops and Steps Repair damaged, deteriorating;broken,chipped stoops and stairs. For removaJ&repair,follow industry standards and guidelines. Newstairs and stoops shall be'iin compliance with building codes. Prouide all appiicable handrails and`railings. Doorbefls Install doorbells on alI Rehab jobs. Address number-s Install address nurnber plates on the house prior to completion af rehab works Must be highly visible from the street per fire code_ Mailboxes Install a U.S.Mai�Service-approved Mailbox in a highly visible area on the exterior of the hause prior to completion of'rehab work: 23 13. ENVIRONMENTAL/HAZARDOUS MATERIALS The Housing Rehabilitation Program, must comply with federal environmental review regulations[24 CFR Part 58- Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities]established by the National Environmental Policy Act of 1969(NEPA). Lead-based Paint(See attached lead paint pamphlet) Current Federal, State& Local Laws& Regulations shall be adhered to in dealing with Lead Based Paint. Asbestos Current Federal, State& Local Laws& Regulations shall be adhered to, Including: U.S. Environmental Protection Agency regulations&forms 2. State of lowa (IOSH)Services Regulations Standards For Asbestos Abatement Radon If property is in a radon prone area test and comply with all current U.S. Environmental Protection Agency guidelines. Radon testing will be required on all Rehabilitation projects.All Radon reading results in excess of 4 picocuries per liter(pCi/L)are considered to be a high level for Radon Gas and must be dealt with using a Radon mitigation system.A Radon mitigation system will be included in the Rehab scope of work if the results of testing exceed 4 pCi/L. 24 Residential Rehabilitation Standards Appendix A Current Codes and Conditions Current Adopted Codes- Copies are available for viewing at the Carnegie-Stout Public Library,360 W 11th St, Dubuque, IA 52001, 563-589-4225 -2015 International Property Maintenance Code(IPMC) -2015 International Residential Code(IRC) -2015 International Existing Building Code(IEBC) -2017 International Plumbing Code(IPC) -2017 International Mechanical Code(IMC) -2015 International Fuel Gas Code(IFGC) -2017 National Electrical Code(NEC) 25 EXHIBIT C 26 RESTRICTIVE COVENANTS FOR RESIDENTIAL REAL ESTATE KNOW ALL PERSONS BY THERE PRESENT that (PROPERTY OWNER NAMES) (Owner), the owners of the following premises situated in the City of Dubuque, lowa: (INSERT LEGAL DESCRIPTION OF PROPERTY) (Real Estate) does hereby establish and place the following restrictive covenants on the Real Estate: 1. The Real Estate shall be known and described as residential Real Estate, and may not be improved, used or occupied for other than one (1) private single-family residential use. The Real Estate and any part thereof must be owner occupied. Rental of the Real Estate is not allowed. No portion of the Real Estate can be rented. 2. The Owner has the right to enforce, by any proceedings in law or in equity, all restrictions, conditions and covenants now or hereafter imposed by the provisions of these restrictive covenants. 3. These covenants shall be filed for record in the office of the Dubuque County Recorder and all covenants, agreements, promises and representations herein stated shall be deemed to be covenants running with the Real Estate and shall endure and be binding on the parties hereto, their mortgagees, lienholders, successors and assigns, for a period of twenty-one (21) years from the date of the recording of these covenants. The property owner has the right to renew these covenants for successive twenty-one (21) year periods. 4. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. 5. The waiver of any violation or failure to enforce any such restrictions, easements, and covenants shall not in any event operate as a waiver, impairment or abrogation of same, or the right to enforce the same in the event of any future or other breach of the same of any other restriction, easement, rule or covenant, by the same or any other person. 6. These restrictions, easements, rules and covenants shall be construed under and in accordance with the laws of the State of lowa. The foregoing provisions encumber the Real Estate described as: (INSERT LEGAL DESCRIPTION OF PROPERTY) Executed by the respective signatories effective the date first above written. 27 PROPERTY OWNER 1 PROPERTY OWNER 2 ATTEST: On this day of , 201 , before me, a Notary Public in and for said state, personally appeared (PROPERTY OWNER NAMES) known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public in the State of lowa My Commission expires 2 2g �, � A�� ■■ ____ _ ■■ _;�-: � I I � I ' ' ► �r �' �--_ . . . . r ' ' I I I I I I . ' "�� } �� ; =- _ � � ��- — -� --- . �; _. - �, � - _ � -----�---^�---___ ,r � _���. - -- - �. - _ �. a. ===—__= I r � - �s� ' � -- _— - - � I� , `— �f 1 = _____�, t r- I �. 6 � '��—_ �l: =_ __ � f,; =- ---= - - ' -_ � � __ - - ._ _ , , � i _ � � � , � �,;�,, � � .-���_ — ��I � ��_� � � ��' �_ ���� � _ . �� r— — r � � �', � li ��� _s.t =�-, ��': � - ���►- ���- �������� °� ' � � I��1'�I �I' ���� ,;��t �G�� ; �I� ' ,� -� - `' , '�I a,���- — I ' �; �( '�; �I 1 , ��� I �',� ��� ���a. l� �i � � �' C . ,�v � { � _ , 1 { � � Y�t �'� � ,� �"� � v\���.�� � � �'d � � ., ' if..�l'� . . ��niR'¢';' �A�lE�:'�: ..:.abrr�l4'+'° � �� 1 � a The CHANGE Initiative is a campaign of neighborhood revitalization Marginal PropertyAcquisition: and an extension of sustainability to specifically address marginal $5.04 million, 120 housing units properties, affordable housing, and homeownership. (13 units completed to date) Lead & Healthy Homes: Building communiry enrichment through a collective/collaborative impact of $3.2 million, 129 housing units programs, partnerships, and services designed to provide neighborhood economic and So��ai res�i�en�y. (83 units completed to date) Bee Branch Healthy Homes Increased flood protection; increased home ownership; Resiliency Program: deconcentration of low-income housing; reduction in number of households in poverry; $g.4 million, 277 units reduction in number of blighted properties; stabilization and increase of properry values; increase in qualiry, affordable housing stock; reduction in lead hazards; greater landlord (6 units completed to date) and tenant responsibiliry; and an increase in first-time homeowners. Housing Rehabilitation & Home Ownership: $5.43 million, 200 units • Community Foundation of Greater Dubuque • Greater Dubuque Development Corporation (65 units completed to date) • Community Housing Initiatives, Inc. • Habitat for Humanity, Inc. • Dubuque Initiatives • lowa Department of Transportation • Dubuque Main Street • Northeast lowa Community College (NICC) . . ^.. • Dubuque's True North Corporation • Opportunity Dubuque rtL. I ii�1111011 to leverage tens of millions • East Central Intergovernmental Assoc. • Private developers&general contractors �f dollars in private investments to improve • Four Mounds HEART Program • Visiting Nurses Association �� hniiciner iinitc THECITYOF Housing & Community Development Department DUB E 563.589.4239 � www.cityofdubuque.org/DBQChange Masterpiece on the Mississippi P P O R U N II T Y CHANGE Initiative Goals PROPERTY MAINTENANCE Beyo nd H o usi ng U n its A new International Property Maintenance Code (IPMC)went into effect in 2016 and, through increased enforcement and higher standards for safety and maintenance, is improving the quality of SUPPORT rental housing stock in Dubuque. The new property maintenance training and code applies to all property types and is primarily used by the City's R education programs Housing and Community Development Department for routinely for residents scheduled rental licensing inspections and housing complaint inspections. The City's Building Services Department also utilizes the code for vacant and abandoned property inspections. The code provides a standard for property maintenance and establishes minimum requirements for light, ventilation, and occupancy limitations; plumbing facilities and fixture requirements; mechanical and electrical requirements; and fire safety requirements in existing structures and properties. For more information on the IPMC, visit job opportunities In 2018, the Housing and Community Development Department will CREATE RESILIENCY PLAN for implement a newthree-tiered inspection policy based on categories � �I individualsand family mem6ers of operation or management of rental properties. The new policy will to sustain themselves and their enable inspectors to focus on problem and nuisance properties in a housing strucmres more timely and efficient manner. A fifth Rental Housing Inspector position will be added to City staff. BEE BRANCH HEALTHY HOMES RESILIENCY PRnr; RAM This program supports the significant progress made on the$219 million Bee Branch Watershed Flood Mitigation Project: • Includes $8.4 million* in the form of forgivable loans including owner- occupied homes, single-unit rentals, and small, multi-family residential units. • Funds will be awarded to properties where low-to moderate-income residents reside and used to make repairs and implement on-site stormwater management principles to decrease enuironmental health and safety issues from flooding. • Many of these properties will abut the new peruious paver alleys (green alleys.) • Collaborates with individuals and families to facilitate developing a resiliency plan that will assist them in recovering from the effects of flood-related problems and prevent future *In 2016, Dubuque was issues. awarded$31.5 million in . Can assist residents with developing a Personal Resiliency Plan. HUD disaster resiliency funds . May help identify training opportunities and community resources for improving future for the eee eranch Healthv personal development, employment, and developing family goals, as well as connecting Homes Resiliency Progra� and stormwate- them with agencies and not-for-profits that provide assistance. improvemA-� • Will assist each individual or family with a strategy to prevent, prepare for, and cope with natural disasters. / For more information on the Bee Branch Healthy Homes Resiliency Program: :� _-- . ..�;,. — _— - �,. _- �� �� HOUSING REHABILITATION & - �� _ -� -_ y-�-� �� �� HOM E OWN ERSH I P PROGRAMS --- � ��� ������ � _,,�, � ���� � �� .�..�� , . ���,� 2010-2015: $2.8 million invested to improve 203 properties in the � � ' ! ,�� �`� k � :� - Washington Neighborhood and Bee Branch Project Corridor � ��,�;"`� '� �,��;� ��; ,,�.�- � .. :,.�_..'ls,."{i'�-,u'4 . . 2019-2022: An additional $3.16 million invested to improve 200 properties • Accessibility Rehabilitation Program • Homeowner Rehabilitation Loan Programs • Home Repair Loan • Housing Choice Voucher Home Ownership Program • HOME (Home Ownership Made Easy)Workshop • OATH (Officer at Home) Incentive Program • Homebuyer Programs The lead poisoning rate in Dubuque is more than double the national average. Dubuque's Lead Hazard Control & � Healthy Homes Program utilizes federal funds to provide � i � ' �R ,,: � � financial assistance in the form of forgivable loans to low-and � • � • � � ' � � � moderate-income homeowners and rental property owners to -,�. � :+ .... r ��_=`� reduce lead-based paint hazards and other health and safety ' � � ' ' ' � ' issues in homes with young children. � � `�;�� � C D B G Community Development � MARGINAL PROPERTY ACQUISITION Block Grant One hundred twenry properties will be acquired over the next These funds are used for eligible activities in six years and renovated and sold, mainly for single-family home the areas of housing, economic development, ownership. This will decrease neighborhood density and remove neighborhood and public services, public facilities, blighted conditions. At the same time, the Ciry will be seeking and planning/administration. partners to develop affordable, quality rental units throughout the communiry. ., . � �_ DOWNTOWN HOUSING INCENTIVE PROGRAM / , � � , The City of Dubuque Economic Development Department offers incentives for projects that assist in the ��► ��, ��`' creation of new, market-rate downtown rental and/or owner-occupied residential units within the Greater �`� ' �' / '� � Downtown Urban Renewal District. This program,which is limited to rehabilitations of existing structures �����.p� � '° that create at least two new housing units, can provide up to$10,000 in assistance per residential unit. ;6(i i�r�r i,� i : ��� , � ,� ���� Preference is given to projects that also utilize federal and/or state historic tax credits. For additional f!/ � ._.� - � information, call 563.589.4393 or visit www.cityofdubuque.org/econdev. PARTNERS FOR PLACES The City of Dubuque has entered into a collaborative relationship with lowa State University Extension and Outreach In the summer of 2017, the City of Dubuque and (ISUEO) to assist the City in the economic revitalization Community Foundation of Greater Dubuque received a of the Central Avenue Corridor (CAC) through community Partners for Places Equity Grant from The Funders Network engagement, educational outreach, and CAC community- for Smart Growth and Livable Communities and the Urban informed storefront and Sustainability Directors Network. The purpose of the � streetscape design. This multi- grant is to build the skills, knowledge, and capacity of City � � phase, multi-year project began departments and non-profit organizations located in the � �+rJ(f I' �'� ��, in early 2016. Participants Washington Neighborhood so they can better engage with � ,�,�,,., " . �: �� � , include CAC stakeholders traditionally unengaged and underrepresented populations �` k� � � � (business owners, employees, in our community. Next steps for the group will include � , ;�_ �_�_�;;,� -- patrons, residents, landlords, development and completion of projects and events that will �� "�l r ��� � . social service agencies, build connections in the neighborhood, additional trainings ' ��� community leaders), the City of for staff regarding outreach and facilitation strategies, and �� , Dubuque, and its partners. development of City department plans to improve equitable . . - delivery of services. HOUSING TAX INCREMENT FINANCING (TIF) Dubuque's four new Housing TIF Districts are required to dedicate 38.1% of revenues to affordable housing. From 2016-2022, these Housing TIF districts are projected to generate$3.9 million supporting the CHANGE program and other initiatives. DUBUQUE'S NEW COMPREHENSIVE PLAN � Just as the Imagine Dubuque Comprehensive Plan was built on communiry participation, partnerships and collaboration will be � I M A G I N E the key to implementing the plan recommendations. Measuring successful plan implementation must focus on outcomes to make • D u B u Q u � Dubuque a more viable, livable, and equitable community. • • � • VIABLE•LIVABLE•EQUITABLE ' ' ' ' • ' • ' ' ' ' ' ' • . i � i i � � . i '"'"- A CALL TOACTION , � � � - , • ,� - 1 � � DUBUQUE'STRUE NORTH Greater Dubuque Development Corporation focuses on six pillars of its mission: business retention and expansion, workforce solutions, national marketing, sustainable innovations, StartUp Dubuque, and Dubuque's True North. Announced in July 2017 as part of the Greater Dubuque 2022 Campaign Goals, Finding Dubuque's True North was added by Greater Dubuque to bring transformative change, in partnership with the Dubuque's True North Corporation, to Dubuque's vibrant, historic neighborhoods on the D U B U Q U E 'S � city's North End. It will be a collaborative partnership of public and private entities that will continue to bring new energy to the area. The program goals include removal of slum and blight, fostering of single-family home ownership, redevelopment of Central Avenue, and brownfields redevelopment for new businesses. For more information on this initiative, visit www.greaterdubuque.org or call 563.557.9049. HCD001-080918