The URL can be used to link to this page

Affordable Housing Network, Inc. Agreement to Rehabilitate Rental Units Copyrighted January 21, 2020 City of Dubuque Consent Items # 8. ITEM TITLE: Affordable Housing Network, Inc.Agreementto Rehabilitate Rental Units SUMMARY: City Manager recommending approval of an agreementwith Affordable Housing Network, Inc. forfunding to rehabilitate a minimum of 16 rental units over the next five years using HOME loan repaymentfunds. 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 SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt Resolution(s) ATTACHMENTS: Description Type Affordable Housing NetworkAgreementto Rehabilitate City Manager Memo Rental Units-MVM Memo Staff Memo Staff Memo Resolution Approving Agreement Resolutions Agreement(1/21/20) Supporting Documentation Dubuque THE CITY OF � uI�AaMca cih DuB E � � I � � I Maste iece on the Mississi i Zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Agreement with Affordable Housing Network, Inc. to Rehabilitate Rental Units DATE: January 15, 2020 Housing & Community Development Director Alexis Steger recommends City Council approval of an agreement with Affordable Housing Network, Inc. for up to $700,000 to rehabilitate a minimum of 16 rental units over the next five years using HOME loan repayment funds. Each unit would receive up to $40,000 to assist in the acquisition and rehabilitation of the rental unit. Once rehabilitation is completed, Affordable Housing Network, Inc. will be required to provide the units to families making 60% or less of the Area Median Income. I concur with the recommendation and respectfully request Mayor and City Council approval. v 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 & Community Development Director THE CITY OF Dubuque � All-America City UB E � r � Mas terpiece on the Mississippi Zoo,.2012.Zo13 TO: Michael C. Van Milligen, City Manager FROM: Alexis M. Steger, Housing & Community Development Director SUBJECT: Agreement with Affordable Housing Network, Inc to Rehabilitate Rental Units DATE: January 15, 2020 INTRODUCTION The City of Dubuque participated in the HOME Investment Partnerships Program, which is a federally funded program administered by the State of lowa, specifically the lowa Finance Authority (IFA). The city used the funds to provide homeowners a low interest loan to rehabilitate their home. Due to loan repayments, as of July 1 St, 2018, the city has over$700,000 in available funds to use to further the HOME program goals. BACKGROUND The state grant for the City of Dubuque for HOME funds expired over 10 years ago, and was closed out by IFA. The City of Dubuque was the only city to create a program with low interest loans, instead of forgivable loans, so that a revolving fund could be created. This model was developed by the city to continue furthering HOME program goals that mirror the cities. However; since the City of Dubuque was the only HOME grantee to develop this approved model, the granting agency completed grant closeout without any provision for the use of program income. Since the HOME grant was closed out over ten years ago, the City reached out to IFA, the granting agency, in September 2018 to get guidance on how additional program income should be spent. The city also inquired if any additional regulations or oversight of those funds would be administered by IFA. It was confirmed in 2018 that the City of Dubuque could use the funds received as long as it was used to further the goals of the current HOME program. The goals of the HOME program are to: • Provide decent, affordable housing to lower-income households • Expand the capacity of non-profit housing providers • Strengthen the ability of state and local governments to provide housing • Leverage private sector participation IFA provides HOME funding today for the following programs: . Rental . Tenant-Based Rental Assistance . Home Buyer Additionally, HOME funds are set-aside to be used specifically by a Community Housing Development Organization as defined by the State. Affordable Housing Network, Inc. (AHNI) is a Community Housing Development Organization (CHDO) currently operating in Dubuque to further the CHANGE Initiative goals of residential rehabilitation. AHNI's focus in past years was to revitalize the Wellington Heights Neighborhood in Cedar Rapids. This neighborhood was known for its slum and blighted housing conditions, which was contributing to higher crime rates then the rest of the City. AHNI worked closely with the City of Cedar Rapids to not only rehabilitate homes, but provide supportive services to the residents of those homes. AHNI worked closely with the police department as well to help the community policing unit with strategies for the area. Four years into that project, there were 300 less calls for police service to the neighborhood. DISCUSSION The City of Dubuque is looking to continue the revitalization of the downtown, and AHNI is an integral partner in accomplishing that. The attached agreement with AHNI provides up to $700,000 in HOME loan repayment funding to rehabilitate a minimum of 16 rental units. Each unit would receive up to $40,000 to assist in the acquisition and rehabilitation of the rental unit. Once rehabilitation is completed, AHNI will be required to provide the units to families making 60°k or less of the Area Median Income. AHNI is a unique partner in rehabilitation because they provide supportive services to their tenants, and help look for ways to create an environment that promotes self- sufficiency. Their model also includes a responsible rent to own option for certain properties. As a CHDO, AHNI has extensive experience in the use of HOME funds, and although HOME requirements do not apply, the HOME program goals must be met. RECOMMENDATION I respectfully request approval of the attached agreement with AHNI for up to $700,000 to rehabilitation a minimum of 16 units over the next 5 years using loan repayment funds. Cc: Jennifer Larson, Budget and Finance Director 2 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. 17-20 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 accumulated income from loan repayments to be expended to further the HOME program goals; and WHEREAS, the HOME program is dedicated to low and moderate -income, at or below 60% area median income, family housing assistance; and WHEREAS, City wishes to engage AHNI to acquire, rehabilitate, resell, and/or manage property consisting primarily of rental residential units, for the benefit of low and moderate -income populations, at or below 60% of the area median income, located within the city limits of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: 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 21st day of January 2020. Ric W. J Attest: Kevi S. Firnstahl, Cit Jerk ayor Pro Tem 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, 2025 (the "Term" of this Agreement). Whereas, City has accumulated income from loans to be spent within the use requirements of HOME funds; and Whereas, the HOME program is dedicated to low and moderate-income, at or below 60°k area median income, family housing assistance; and Whereas, City wishes to engage AHNI to acquire, rehabilitate, resell, and/or manage property consisting primarily of rental units, for the benefit of low and moderate- income populations, at or below 60°k of the area median income, 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$700,000 funded with income from loans to be spent within the use requirements of HOME funds dedicated to low and moderate- income, 60°k or below area median 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 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 $40,000, and in no event to exceed the total rehabilitation cost per unit. An additional $10,000 per unit will be available should the City determine a structure has extensive exterior deterioration requiring these additional funds. 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. The number of properties to be completed per year in the Project is dependent on available properties in areas important to the City to revitalize, 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 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 no less than fifteen (15) 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 "A" 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, including HOME program regulations. Should a variation of HOME program requirements be sought by AHNI, the City shall approve such variations in writing. 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. Acquisition and rehabilitation of a minimum of fifteen (15) total residential units shall be completed by the end of the Term of this Agreement. 2 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 sale of the vacant lot to an abutting property owner(s) upon re-platting the vacant lot with the parcel containing the adjacent home 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, HOME rent requirements, and the market rate of similar residential units. When City income from loans required to serve a HOME purpose are applied to the acquisition, rehabilitation or sale of a residential unit, or rental of a unit, the rental or sale of the unit shall be subject to an income restriction requiring that the purchaser or tenant be at or below 60°k of the area median income at the time of closing on the purchase of the unit or initiation and duration of the tenancy. 3 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) participate in the program to meet the residential rehabilitation goal of at least 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 "B" 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. 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. 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 4 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 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. 5 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. Attn: Tami Gilmore 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. Upon termination, the City shall pay funding requests with proper documentation submitted by AHNI for rehabilitation costs completed prior to the termination. 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 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 lowa. 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 6 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,,.D153UQU By: Name: Title: OWA AFFORDABLE HOUSING NETWORK, INC. RicV�Y`. Jones Mayor Pro Tem Exhibit "A" Exhibit "B" By: Name: Title: i 4:frf City of Dubuque, Iowa Housing Rehabilitation Standards ' /i i )Z.� Restrictive Covenant 7 8 EXHIBIT A 9 uubuque /� Housin,�,and Communily rnecmoo � � pe�xlnpment D77i� T ° HousingRehabililalionPro,qram lJ U L, 3501R.6��'Strset.9ui�e 312 .Mn.s�erpiorcon �hvM.i+isippi ��.�� `o�w:u:'I� Dubuqne.IA 52001 Offic.(i63)589-4239 al ., � � � .1? CITY OF DUBUQUE HOUSING REHABILITATION STANDARDS � `�4 � � � 0 � CreMed 2/l8 by: 0.oger Benz�ReM1abili[ation Pmgrams InspeRor and Wis Neyery fteM1abili�a[ion Programs Sucemsor. 10 TABLE OF CONTENTS REHABILITATION STANDARDS 1. GENERAL Materials/Protlucts Workmanship Manufacturers Warronties Qualdied Staff, Inspec[ors, and Contrac[ors 2. SITE WORK Landscaping 3. FOUNDATION Basements and Craw1 Spaces,MoisWre and Leaks 4. WOODFRAMMG Non-Formaldehyde ManuFacNred Wood Pmduc[s Wall framing studs Wood Structurel Components'. 8eams,Columns, Posis, Plywootl Termite Treatment 5. EXTERIOR WALLS Exlerior Sheathing Wall Insulation, Replacemeni Wntlows Exterior poors Door&W ntlow Sealing LowMaintenance Vinyl Siding Exterior Trim Exterior Paint,Stain,Vamish Masonry antl Veneer Fiber Cement Board Siding Stucco 6. ROOF Roof acwssories, Roof Stmclure,Asphalt Shingles, Roof Sheathing Ice and water pmtection membrane Flashing Gutters antl Downspouts Roo(Repairs antl Leaks 7. PLUMBING Plumbing Fixtures Water Heaters On Demantl Water Heaters,Shower antl Tub Dreins 8. ELECTRICAL OuHetsBwitches GFI Outlets Light Sockets 9. INTERIOR CLIMATE CONTROVHVAC Fumaces,Thermosfats Oil Storage Tanks Air Infittretion and Drafts 10. INTERIOR Interior poors KdchenlBath Cabinets CounterTops Laminates Gypsum Wallboartl Ceramic Tile Paint,Stain,and Vamish 11 Non-toxic Paint Sirippers Wallpaper and Vinyl Wall Coverings Lath and Plaster Interior Stairs 11. FLOOR FINISHES Subflooring,Carpeting,Wood Flooring RoII Vinyl and Resilient Tile Flooring Hard-surface Flooring 12. MISCELLANEOUS Drivewdys antl Sitlewalks ExleriorWootl Porchesl�ecksf5tairs: Concrete Stoops and Steps 13. ENVIRONMENTAL/HPZARDOUSMATERIALS Lead-based Pain[Asbestos Radon Others APPENDENQES' A List of State antl Local Builtling Cotles IZ INTRODUCTION The following stantlartls are requiretl for all Rehabilitation Prqects, unless othervaise notetl in the Rehab Scope ofWork: All materials antl fatures usetl in Rehabililation shall be o{mid-line cosl and qualdy. The Residential Rehabilkation Standards are not intended to reduw or circumvent the requiremen�s o(law antl current applicable Builtling Codes!IPMC cotle standards. All cons�mction means,and methods shall be pertormed in compliance with Federal Ocwpational Safety I antl Health Agency(OSHA) regulations. Cotle violations,builtling&site tlefects that are health,safety antl IRe ihreatening are priorkies. 13 RESIDENTIAL REHABILITATION STANDARDS Rehabilitation SWntlartls Inclutle: Federal Minimum Rehabilitatian Standards: 24 CFR VIII, 882.109 Housing Quality Standards Wntten Trade, Manufacturer's Specifcations, Standards, Recommendations and Installation Instrucfions All applica6le Federal, State& Local code requirements. 1. GENERAL Materials/Pmduc[s shall be new, in good condRion,and ot ihe grade required by the work write-up or specrfications unless othernise agreetl to in writing. Materials tlamagetl in shipment or prior to owner's acceptance shall be replacetl al lhe contractor's expense. Deliver,store and handle producLs using means and methods[hat will prevent damage and delerioration from moisture, rain,dirt and other harrtrful in(luences indutling loss antl theft. Workmanship shall be in accordance with the trades shandards. Ci�y Rehab staH shall ensure that the mechanical execution of the rehabilitation work is performed in a mannerconsisteM with principles of qualily mnrkmanship,lhe rtaterial rtawfacturer's ins�allation instmc[ions,and all codes that apply. Manufac[urers warranties shall be in addition to the General Contrac[or warranty and do not relieve fhe Controctor of stipulatetl obligations or requiremenh. All work must be performed, installed in accordance lo warranty stipulations,and ihe requirements for coverage. lowa Law requires fhat all Coniractors wdrranty their work for 1 calentlar year after the tlate ot completion. Qualitied Staff, Inspectors,and Contradors are the responsibildy of The City of Dubuque Rehabili�ation Staff.The CRy of�ubuque Rehabilitation Staff shall ensure that all persons involved in a rehabilitation project shall be qualifietl for iheir lasks. I(ihe nature of ihe work requires persannel to be licensed or olherwise certrfied to peRorm the work,The CRy of Dubuque Rehabilita�ion Shff shall ensure tha��he personnel meet the requirements. All qualified Rehab Contractors shall be registered with Dunn and Bradstreet, and provide ihe regis�ration number to Rehab Shaff. QualRied Rehab Contraclors MAV NOT be listed as under debarment on the SAM.GOV website. 2. EXTERIORSITEWORK All proposetl site mrork must keep water away from the builtling fountlation. It must pmmote positive drainage away from the home and any neighboring structures. I[ must not create emsioq soil contamination or damage to the owners pwperty or neighboring pmperties.Any damage to ihe si[e or a neighboring si[e due[o the performance of the specified site vuork must be repaired. Landscaping Plan�ings,trees,shmbs e�c.tha�are a safety hazard shall be removed. Lawn areas aHected by the removal shall be restoretl. 14 3, FOUNOATION Fountlations must be stable. Footings shall be concrete,w�ih waterproof concrete fountlation walls and slabs,when required by sWtellocal code for newwnstmction, reconstmction andlor repair. Basements and Crawl Spaces MoisNre and Leaks The source of water infiltretion shoWtl be itlentRietl antl wrredetl before repairs are completed. Roofwater,clogged dovmspouts, landscape grading, insuffcientfoundalion drainage,poor inadequate design etc.are all common causes of basement and crawl-space moisture. Repairs should impmve health&safety in basement and craw7 spaces. 4, WOODFRAMING All existing stmctural components must be sountl/stable and in serviceable contlition{orthe expected useful Irfe otthe rehabilifa[ion workto be performed(15years). Unstable,cracked, leaning,buckling,andlor shifting exterior walls shall be restored as per wde and are priorilies. All wootl slutls,foundation posts,sills,girders and plafes showing signs of rot, decay, antl structurol failure must be replacetl.There shoultl be no holes,separotion, collapsing or severely deteriorating walls or sitling materials. Non-Formaldehyde ManuFactured Wood Products Due to concems about post-installation formaltlehytle emissions,vmod protlucts containing Urea Formaldehyde (UF) resin binders should nol be used. Wall freming studs Interior antl exterior-shall be installed on 12", i6"or 24"centers,or as requiretl by structural condi[ions. Wood Struc[ural Components: Beams, Columns,and Pos[s Check cotle requiremenh antl use qualifietl pwfessionals for tlocuments antl specRications for repairs,indutling replacements or atljustmenis to load bearing components. For major stmctural damage,a simcNral analysis must be completed by a licensed and insured stmc[ural engineer. Plywood Plywootl shall be trademark sbmpetl. Interior Alwdys use interior grotle plywootl for interior mrork,as specifietl by manufacturers. Exterior Alwdys use ezterior grdtle plyv.notl for ezterior work as specifietl by manufacturers. StructuroVConstmdion Alwdys use construction grade plywood for siructural work.Construction gratle plywootl is stamped C-D or CDX. Termite Treatment Infestation shall be eliminated by heating in accordance v✓ith[he requirements of a certdied exterminator. Refer lo the Exlerminator's warranty for service or furiher tlamages after ireatment. 5. EXTERIOR WALLS Exterior walls are to comply vsih all codes that apply.They need to be wxather-tight, stmc[urally sound,energy eHicient and shall wt permit entry of insects,water,snow or v✓ind into the interior. 15 ExteriorSheathing Shea�hing shall be a nail-able vmod product,with a minimum thickness of%". Air infiRration barriers,such as builtling paper, or house vrtap tlesigned fo pmtect the wall fmm water moving past the exterior siding. shall be used at the exterior of the wall sheathing. (See 4 Plywood) Wall Insulation Installation of all insulation shall be pertormetl with the utmost care,with the highest stantlartl ot pmtessional mrorkmanship, in strict compliance with manutacturer's specifications and ins�allation instmc[ions. Example: kraft-paper faced insula�ion shall be stapled as required, covering all gaps and penetrations in lhe wall cavity. Use plastic vapor barrier wfien required by code. Replacement Wintlovrs Use energy star rated, Low Eglass replacement windows tha[conform to all Building Code requirements, induding those for safety glazing and emergency egress. The window installalion antl installers must also be as intlicatetl by ihe manufacturer.Select replacement wintlowswi1ha10-yearminimumwarrenry. Whenpossible, usenewconstructionwintlows wilh same rating. Exterior�oors Remove and replace doors antl frames that are wdrpetl, bowed or otherrvise damagetl. Mawfadurer's warranlee must be a minimum of 5 years. Use energy star labeled door. Thresholds shall be sealed to�he subfloor.Sides and tops of doors shall be pmvided wRh weather-stripping.All hartlware shall be installetl wtth ihe requiretl screws,bolts,and fasleners as provitletl by lhe manufacturer antl packaged vdth ihe hartlware. Select only s[eel doors for exteriors.Always ins[all exterior storm doors tor additional thermal and rtwisture pmtection. All new unpaintetl entry tloors must be paintetl with 2 coah,or to cover,whichever is required to complete the painling in a v�rorkmanlike manner. Dwr&Window Sealing The shim space between the framing for windows or tloors(including attic access),rough openings,and the ins�alled doors and windows shall be sealed wilh non-expanding spray foam sealant,closed cell foam backer rotl,spray applietl insulation,or other sudable insulations. Cellulose,fiberglass or rock mnol batt insulation is not accepfable as an insulation, bW can be used as a backing for a sealant(such as caulk). Thresholds for e#erior tloors shall be sealetl to the suMloor. Low-Main�enance Vinyl Siding The City of Dubuque Rehabilitation Department requires use of'Yriple3"vinyl sitling unless o�hervuise specified in the scape of vuork. The Cily of�ubuque Rehabilitation Department Always uses SHPO(SWte Historical Preserva[ion Office)guidance on deciding the profile shape of replacement vinyl siding. The Syslem must accommodale positive tlrainage to exterior for rtwislure entering ihe panel sys[em,or condensation wRhin the panel system. Comply wRh mawfacturerswritten installalion instructions.There shall be a 20 Year material and labor warranty from the tlate of completion. Existing Vinyl Sitling Repairs: Always checkforhazardous rtaterials. Locate and repairthe cause of the siding damage. Repair in accordance wRh rtenuhc[urers standards. Check for warronty coverdge. 16 Exterior Trim Lowmain�enance trim materials such as vinyl, cellular PVQ or pre-finished cemerR boards may be usetl.All exterior wood trim shall be solitl wootl free from knots, tlefects and warping. Exterior Paint,Stain,Vamish Low-VOC(Volatile Organic Compounds)paints,stains and varnishes use water as a carrier ins�ead of petmleum-based solvents.As such,the levels of harm(ul emissions are lower than solven4borne surtace coatings.These certifietl coatings also contain no (or very low levels o�heavy metals and formaldehyde. I Paint shall be delivered lo lhe site in original containers labeled by lhe manufacturer,with seals unbmken. If the exterior is stainetl wootl,the finish shall be a solitl-body sbin,not the transparent or semitransparenttype. Exterior Siding:Apply 2 coats of solitl-botly stain over pre-primed sitling. Exterior Trim:Apply icoat of primer,antl 2 coats semi-gloss paint. Masonry and Veneer Repair, repaint,and clean all masonry and stone in compliance with Masonry Tratle Standards and Brick Industry Association recommendations. FiberCement Boartl Sitling For existing Fiber Cement sitling,lest for asbestos bePore repairs (See appentlix G Asbes[os) Locate antl repair cause of sitling tlamage. Repair in accordance with manuhdurer's instmctions.Checkforwarrantycoverage. Warranties can be up to 50 years. The Cily of�ubuque Rehabilitation Department Always uses SHPO(State Historical Preserva[ion Office)guidance on deciding the profile shape of replacement siding. Stucco For Historic homes, use SHPO guidelines for repair. Locate and repair the cause of stucco damage. Use an experienced professional sNcco repair person. I Please note that�here is PorHand wment,as well as lime-based stucco. Repairs shoultl be in accortlance wilh stucco type. 6, ROOF-DO NOT USE metal roofing Problems such as evitlence of severe tleterioretion (e.g.curletl/crecketl asphalt shingles, severely wrmded metal or moss grow[h),missing, loose, ineffec[ive, or inappmpria�e materials shall be corrected. Provide materials complying with goveming regulations. Replace all roofing that is older ihan 15 years of age. Comply with publishetl recommentlations of shingle manu(adurer tletails antl Recommendations of NRCA Roofing Manual for installation ot undedayment and shingles, using the correct number of nails and courses of shingles, in accordance with manufaclurer's sfandards. Roofaccessories Induding valley flashing and tlashing against walls,chimneys,s[acks and pipes shall be wa�ertight,durable,and free from excessive wear,obvious defects in materials,and I workmanship. 17 Roof Stmdure (see#4 Wood Framing) Asphalt Shingles Provide asphaltfiberglass shingles on sloped mofs Install Architectural,multi-tab, mineral surtacetl,self-sealing,fiberglass asphak shingles with a 30-year warranty. Install according to manufacturer's wrRten instructions. If there are 2 or more layers of shingles,remove all before roofing again. Roof Sheathing(see#4 Stmclurel Plywood) As per mawfacturers specifications. Ice antl water protection rcrembrene Where roof slopes are less than a 4/12 pitch,antl al all valleys, wof penetrations,eaves, in[ersections of walls and mofs, hips,and wherever else required byjob condi[ions as per manufacturers recommendations. Flashing Provitle pre-finishetl aluminum tlrip etlge flashing at roof eaves and rakes,mof to ChimneylwalVskylight connections,and other hor¢ontal roof rre[erial transitions,fastened with appropriate nails. Gutlers and Downspouts Rain from the mof gutler system shall be direc[ed via downspouts in a vuay that vuater is tlischargetl away from ihe fountlation.The minimum thickness for aluminum gutters shall be 0.032",and 0.02T'for aluminum flashing material. Roof Repairs antl Leaks Check all mof affected componenis including eaves and roof pene[rations. Repairs should match existing roof surtaces antl fnishes. Locate antl repair any interior tlamages caused by leaking roofs. 7. PLUMBING All service,distribution, retum pipes,connectors,antl accessories for fixtures,antl heating systems shall function pmpedy,shall wt leak,and shall be propedy insulated. Syslems including sewers shall operate free of fouling and dogging,and not have cross connections,or back siphoning beNueen fixNres.Was�e lines shall be tied-in to an approved sewer system.Any part of the tlwelling which must be changetl or replacetl shall be left in a safe structural condition in accordance with applicable codes. Plumbing Fixtures Equipment and rreterial shall comply with and be installed in accordance with wrrent plumbing cotle,manuFacturers&trdtle specifications,stantlartls. All vents pmtrutling thwugh the roo(shall be pmperry Hashed. Valves shall be provided at each fixNre or each piece of equipment. Unions shall be pwvitletl to permit removal of equipment without cutting pipe Water Heaters Shall meet requiremenis of ihe State Cotle antl have an Energy Star label.The rype (gas or eledric)and capacRy will be given on[he work wrRe-up,or replacement will be with s¢e 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 wRh a minimum 40-gallon unit. TanklesslOn Demantl Water Heaters Use Energy Starqualified tank-less water heaters lo conserve heating time antl energy use if 18 practical.The device should have a variable-setthermostatand be appropriately sized. Shower antl Tub Drain Plumbing penetrations shall be bbcked with airimpermeable insulation and sealed at ihe edges wifh proper sealant. Rockwool,or equivalent protlucts,shall not be usetl. 8. ELECTRICAL All eledrical connections,service entrence,interior/exterior service/breaker boxes,shall be assessedpriortopmposedeleciricalv.nrk. Allnonfunclionaloullels,lightfxturesand swi�ches must be inspec[ed,correc[ed and or replaced. All poten�ial fire and safety hazards must be addressed. Existing electrical vnring,fixtures and receptades that are hazardous shall be repaired/replaced. Condition of existing wiring and equipment Existing wiring and equipment shall be in pmper opera[ing condRion;free of taped splices,loose ronnections, missing insulatioq short circuits or unappmved gmunds.Service wnduc[ors shall not be frayed,wom or bare. The changes being matle ro the house tluring rehabilitation must be consitleretl when sizing ihe electrical system for upgrede/cotle wmpliance. OuHats/Switches Cover plates must completely cover the hole in the wall antl be of a matching style and cobr. Recep�acles and switches must be flush with the cover pla�e and secured in the junction box. All 3-prong outlets shall have an attachetl grountl wire thal is connected at the grountl buss in ihe electrical panel. GFCI OuHets All outlets near water sources must be GFCI(Grountl Fault CircuH Interrupting)outlets. Electric outlets that are not in compliance wilh cotle requiremenls must be replaced. All GFCI ouHets must be correctly viired per the Elec[rical Code and�he manufacWrers speci(iwtions. Light Sockets Replace all damaged,loose, impmperly tunctioning light sockels. Inspect existing wiring and replace all damaged or frayed wiring.The socket trim and trim-ring,or escutcheon, must completery cover the hole. 9. INTERIOR CLIMATE CON7ROL/HVAC All furnaces 15 years or oltler will be replacetl. Inspect for leaks,thermostatfundion,filters,structural sountlness,tleterioretion,dearences, ventilation, cormsion eta Check all boilers Por safety tlevices. The tlistribution system shall be appropriate for the type of heating equipment to which it is connected. Install in accortlance wilh manufacturer's printetl installation instructions. The replacement heating equipment shall be a proper fit in s¢e to any other existing portions ot[he system,i e.fuel lines carrying ihe appmpriate quantity,type,and pressure of fuel;air dis�ribution and retum systems carrying the appmpriate dms to each location;air conditioning equipment reted to match the{umace; pmpetly sizetl eledrical circuits and equipmenl,etc. Where the other equipment is improperry sized to fif ihe newequipment,it shall also be replaced or motlifietl so thal lhere is a proper fd. 19 Fumaces All fumaces must be ratetl at 90%or higher efficiency. All central air equipmerR at�ached to a fumace shall have a SEER rating(Seasonal Energy Efficiency Ratio)of no less ihan 14.5. Energy Star qualified fumaces shall have variable-speed blowers and programmable iherrcastats.All furnaces shall bear all applicable UL-listetl antl AGA-certrfietl labels. For hot water systems, pmvide Energy S[ar certitied boilers. Minimum tumace warranty must be 15 years under normal use and main�enance,all other components shall carry a 5-year warranty Thermostats Provitle all heatinglcooling systems with Energy Star qualifietl pwgrammable thermostats. Dwelling thermostats shall be placed on an interior wall,at 48"above the finished floor, away (rom the direc[flow of forced air and draks. Oil Storage Tanks If a heating system is being replaced or repaired,then the oil tanks must be inspecled for pmper operation,and to ensure tha[[here are no leaks.Con[act a licensed HVAC expert. Air Infiltration antl Draks Healing work,and new systeMtumace installation for homes musl indude weatherizatioq drak,and heat loss impmvements. 10. INTERIOR Smoke Detec[ors All resitlential dwellings must have smoke tletectors pwpetly placetl antl installed. Use only new DuabSensor srcwke alarms. Install per the direIXions of the included handout on smoke alarm placement. Interior poars Repairs can be attemp�ed on minor cracks and punc[ures only,otherwise, new pre-hung doors will be installetl. Door finish to match existing tlwzlling doors. Kifchen!Bath Cabinets Unsate,unsanitary,or nonfunctioning cabinetry shall be replaced.Verity access and clearanw required for the installation of each cabinet At all cabinet lowtions,coordinate�he installation of convenience outlets,equipment, lighting fixtures,plumbing,antl HVAC vents, etc. Insfallation must be plumb, level and tme. Install any required blocking in the walls to receive fasteners. Field verify all dimensions and clearances and minimize filler piews at the ends of cabinet runs. Install materials in accortlance wkh manufacturer's instructions antl appwvetl submittals. Install materials in proper relation with adjacenl conslrudion antl with uniform appearance.Anchor sewrely in place, and coordinatewith coun[ertop installation.Adjustand lubripte hartlware. Resfore tlamagetl finishes antl test for proper operotion. Always ins[all knobs and pull on all dramers and cabinet doors unless these fixNres have ihem built in. Counter Tops Countertops showing evidence of wear,water tlamage, upldting surtace materials etc.should be replaced. CouMer lops shall nol have sharp exposed corners.Corners protruding more �han 1-1/2"shall be rounded or charzrfered. Use onry high-tlefinition laminate countertops. 20 Laminates Shel(,wbinet antl countertop substrate material for plastic laminate shall be exteriory type, hardwnod-fawd plyvwod,or other material appmved by the manuhcturer o(the plastic laminate.Cut-out edges shall be sealetl prior to the installation of sinks. Protect walls with back and side splashes:4"minimum at balhroom vanily tops and 6"minimum at kdchen coun�ertops. Use only high-de(ini�ion laminate countehops. Gypsum Wallboard(Drywall) The cause of warped,damaged,discolored (water)or de�eriorating ceilings and walls must be determined before the wall or ceiling is repaired.The pmblem that caused the wall or ceiling damage must be repaired to ensure the pmblem doesn't reoccur in the same area or causes problems in another area of the wall,ceiling or tlwelling. Gypsum board panels should be manufactured in the United States and labeled"made in the U.S.A"wkh�he manufac[urers name and manufacturing site location,shall be pmvided. Ceiling Use 12" (min)gypsum wdll boartl or manu{adurefs recommendalions shall be follov`ed in specdying ceiling drywall adequa[e for supporting ihe weight ot specitied attic insula[ion. Interior Partitions Use V2" (min.)gypsum wall board on all interior partitions unless otherwise required Wet/Moisture areas Use 12"(min) rtald-resistant gypsum wall board,at bathrooms,kitchens,and wherever wdll tile is indicated(exrept wRhin tub or shower enclosures). Exterior Walls Use 1/2"(minJ gypsum sheathing boartl panels at exterior wdlls antl ceilings where requiretl, surtacetl with waterrepellant paper on front, back,antl long edges. Ceramic Tile Repairs to ceremic tile on wall antl floorfinish compry with manu(acturer's instmctions antl rewmmendations. Paint,Stain,and Varnish Low-VOC vuater-based paints,sbins,vamishes,and other vuood finishes use water as a carrier insteatl of petwleum-basetl solvents.As such,ihe levels of harmful emissions are lower than solvent-borne sudace coatings.These certified coalings also contain no heavy metals or formaldehyde Pain�shall be delivered to the site in original containers, labeled by the manufacturer,with seals unbroken. Interior Partitions&Walls Apply 1 wat primer,antl 2 coats satin or eggshell latex paint. Interior Ceilings Apply 1 wat primer,antl 2 coats flat latex paint. Interior TriMPainted Woodwork Apply 1 coat primer,and 2 wats semi-gloss latex paint. 21 Lathe and Plaster Locate and repair the cause of the damage. Repairs shoultl be tlone by a conirector with lathe antl plaster experience. Interior Stairs See#4 Wootl Framing 11. FLOORFINISHES Damaged,or tleteriorating floors shall be repairetl or replaced. Subflooring Shall be according to finish flooring manufacturers spec'rfications. Interior floor sheathing shall be 1/8"(min.)thick. (See#4 Plyvmod) Carpeting Do no�install carpets in basements,entryways, laundry moms, bathrooms or kitchens.All carpet antl patl shall be shall be certrfietl low-VOC. Wootl Flooring Floors with splits,cracks, holes,deterioralion,warped planks shall be replaced. Replacement planks to match exis�ing as closely as possible. Any holes in wootl floors that are being refnishetl must be(illetl wdh matching mnotl. Roll Vinyl and Resilient Tile Flooring Resilien�flmring or vinyl tile is accepYable for use in kitchens, ba�hrooms, laundry areas(except in basemenls)antl storage moms. Resilienl flooring shall have a minimum thickness of 10 mils.Wall base irim shall be used in all habdable spaces. Hard Surface Flooring(ceramictile,etc.) All repairs are�o be in accordance wRh industry trade s�andards. All pmduds must be mitl-grede in cost antl quality. 12. MISCELLANEOUS Driveways antl Sitlewalks �rives,walks shall comply with local Planning antl Zoning requiremenls,slate cotle. Pavetl surtaces atljacent to ihe fountlation shall not slope towartls the stmcture. Repair of pavetl surtaces shall be minimal in cost antl incitlental to ihe rehabilitation of the tlwelling. Ezterior vrootl Porches/Decks/Stairs All ureafe or unsountl porches and stairs shoultl be replaced vdth freated wootl antl treatetllpaintetl/ with a finish coat to protect from deterioration by weather. Concrete Stoops and Steps Repair damaged, deteriorating, broken,chipped stoops and stairs. For removal&repair,follow intlustry standartls antl guitlelines. New sbirs antl stoops shall be in compliance wilh building codes. Provide all applicable handrails and railings. Doorbells Install doorbells on all Rehab jobs. Address numbers Install address number plates on the house prior to completion of rehab vuork. Must be highly visible from ihe street per fire cotle. Mailboxes Insbll a U.S. Mail Service-appmved Mailbox in a highly visible area on the exterior of the house prior to completion of rehab work. 22 13. ENVIRONMENTALIHAZARDOUS MATERIALS The Housing Rehabilitation Progrem, must compry with fetlerdl environmental review regulations�24 CFR Pah 58- Envimnmental Review Pmcedures Por Entkies Assuming HUD Environmental Responsibilities]establishetl by the National EnvironmeMal Policy Act of 1969(NEPA). Lead-besed Paint(See attached leed peint pamphlet) Current Fetlerel, State& Local Laws&Regulations shall be atlhered to in tlealing with Lead Based Paint. Asbestos Curren[Federal, State& Local Laws&Regulations shall be adhered to, Including: U.S. Enviwnmental Protection Agency regulations&forms 2. State of lowa QOSH)Services Regulations Sfandards For Asbestos Abatement Radon If property is in a retlon prone area test antl wmply with all current U.S. Environmental Protedion Agency guidelines. Ratlon testing will be requiretl on all Rehabilitation projects.All Ratlon reatling resutts in excess of 4 picocuries per liter(pCi/L)are consitleretl lo be a high level for Radon Gas antl must be dealt with using a Radon mitigation system.A Radon mitigation system will be included in the Rehab scope of work'rf the results of testing exceed 4 pCi/L. 23 Residential Rehabilitation Standards Appendix A Current Codes and Conditions Current Adopted Cotles- Copies are available for viewing al lhe Camegie-Stout Public Library.360 W 11th St, Dubuque, IA 52001, 563-589-4225 -20751nternational Property MaintenanceCotle QPMC) -20751nternational Residential Code(IRC) -20751ntemational Existing 8uiltling Cotle QEBC) -2017 International Plumbing Cotle QPC) -20171Mernational Mechanical Code(IMC) -20'15 International Fuel Gas Code QFGC) -20tt National Electrical Code(NEC) 24 EXHIBIT B 25 RESTRICTIVE COVENANTS FOR RESI�ENTIAL REAL ESTATE KNOWALLPERSONSBYTHEREPRESENTthat (PROPERTY OWNER NAMES) (Owner), ihe owners of the following premises situatetl in the City of �u6uque, lawa: (INSERT LEGAL DESCRIPTION OF PROPERTV) (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 improvetl, used or occupied for other than one (1) private single-family residenlial use. The Real Estate antl any part thereof must be owner occupietl. Rental of the Real Estate is not allowetl. No portion of the Real Estate can be rentetl. 2. The Owner has the right to enforce, by any proceedings in law or in equity, all restrictions, conditions and covenants now or hereafler imposed by the provisions of Ihese restrictive covenants. 3. These covenan�s shall be filed for record in the office of Ihe Dubuque County Recorder and all covenanfs, agreements, promises and representations herein stated shall be deemed to 6e covenants running with the Real Estale and shall endure and be binding on lhe parties herelo, their mortgagees, lienholders, successors and assigns, for a period of twenty-one (21) years from ihe 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 caud order shall in no way affect any of the other pmvisions, which shall remain in full farce and effect. 5. The waiver of any violation or FaiWre to enForce any such resirictions, easemenis, and covenants shall not in any event operate as a waiver, impairment or abrogation of same, or the right to enforce ihe same in Ihe event of any future or other breach of the same of any other restriction, easement, rule or covenant, by Ihe same or any other person. 6. These restrictions, easements, rules and covenants shall be conshuetl untler and in accortlance with the laws of the State of lowa. The foregoing provisions encumberthe Real Estate described as�. QNSERT LEGAL DESCRIPTION OF PROPERTY) Exemted by the respective signatories effective [he date firs�above written. 26 PROPERTY OWNER1 PROPERTVOWNER2 ATTEST'. On this day of , 201 , before me, a Notary Public in and for said state, personally appearetl (PROPERTY OWNER NAMES) known to me to be the person(s) named in and who executed the foregoing instmment, and acknowledged that they exewted the same as theirvoluntary acf and deed. Notary Public in the State of lowa My Commission expires z 27