FEMA Buyout Properties Lienholder Search AgreementMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 2011 FEMA Buyout Grant - Lienholder Search Agreement
DATE: May 14, 2012
Dubuque
bierd
All- America City
1
2007
Flood plain properties sustaining substantial damage in the 2011 floods are eligible for
the Federal Emergency Management Agency (FEMA) Buyout Program on a voluntary
basis. Owners of four impacted and qualifying properties in the Manson Road /Old Mill
Road area have requested buyouts. Planning Services Manager Laura Carstens
recommends City Council approval of the City of Dubuque's lienholder search
agreement with Clemens, Walters, Conlon & Meyer for the FEMA Buyout Program's
Section 403 immediate threat demolition program.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
Masterpiece on the Mississippi
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager <V�
Dubuque
2007
SUBJECT: 2011 FEMA Buyout Grant — Lienholder Search Agreement
DATE: May 14, 2012
Introduction
Flood plain properties sustaining substantial damage in the 2011 floods are eligible for
the Federal Emergency Management Agency (FEMA) Buyout Program on a voluntary
basis. This memo transmits the City of Dubuque's lienholder search agreement with
Clemens, Walters, Conlon & Meyer for the FEMA Buyout Program's Section 403
immediate threat demolition program, for City Council review and approval.
Discussion
Owners of the four impacted and qualifying properties in the Manson Road /Old Mill
Road area have requested buyouts. These structures have a documented history of
flood damage. None of the properties were insured by the National Flood Insurance
Program (NFIP), leaving the owners with limited resources for repair of their
substantially damaged properties. Three of the four properties are eligible for
assistance under the Section 403 immediate threat demolition program: 1580 Old Mill
Road, 1658 Manson Road, and 1654 Manson Road; 1711 Old Mill Road is not eligible.
Acquisition and demolition of these properties will remove flood -prone residents from
harm's way and eliminate damages caused by flooding and future need for emergency
response personnel. Removal of these properties also will reduce the number of
structures in the flood plain, thereby reducing potential property damage in the future.
Recommendation
I recommend City Council approval of the agreement and authorization for the Mayor to
sign the lienholder search agreement for the project.
Attachments
cc: Jenny Larson, Budget Director
Kyle Kritz, Associate Planner
Gus Psihoyos, City Engineer
F \USERS \LCARSTEN \WP \COUNCIL \HMGP Application \Staff Memo FEMA Buyout Lienholder Agreement.doc
1
LIENHOLDER SEARCH AGREEMENT
CITY OF DUBUQUE
THIS AGREEMENT, made this day of , 2012, between The City
of Dubuque, hereinafter referred to as APPLICANT, and Clemens, Walters, Conlon, & Meyer, LLP of
Dubuque, Iowa, hereinafter referred to as ATTORNEY:
WHEREAS, the APPLICANT, sub - grantee of the State of Iowa, intends to demolish three (3)
residential properties that were severely damaged as a result of the 2011 floods under FEMA's §403
Essential Assistance Program for funding of demolition work, hereinafter called PROJECT, in Dubuque,
Iowa.
SECTION A - ABSTRACT SERVICES: As part of the §403 process, the APPLICANT must determine the
ownership of and lien status of all properties included in the project. The ATTORNEY agrees to provide
the names of all parties that have title to and any lienholders of the subject properties as set out below:
1. The legal title holder(s) and any lienholders (including mortgages, deeds of trust, security
agreements, tax, child support liens and the like) of the land and structure(s) must be determined
so that legal notices can be sent to the appropriate parties. The current property tax status is to
be included in the reports.
2. The legal owners of mobile and manufactured homes (under vehicle title law) and cabins on
leased land (as chattels) and any lienholders must be determined. This is to include, if necessary,
vehicle checks through County Treasurer's Office records and County Recorder's Office records
for UCC filings as chattels or as fixtures filings. Additionally, titleholder(s) of the leased land must
be identified; lienholders /lien /property tax status for these properties does not need to be
determined.
3. The Applicant will determine the mailing addresses for the title holders.
The list of known properties is:
Janis and Edwin Beidermann, 1580 Old Mill Road, Dubuque, Iowa
James Beining, 1658 Manson Road, Dubuque, Iowa
Zane Thorp, 1654 Manson Road, Dubuque, Iowa
The organization of the report is at the selected firm's discretion but must include the above information in
a readily ascertainable format.
SECTION B — COMPENSATION: The cost for conducting the Iienholder searches shall not exceed
$100.00 per individual property or $300.00 total for all three properties.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement on the respective dates indicated below.
ATTEST:
(SEAL)
ATTEST:
ABSTRACTOR:
Name
By
Date
CITY:
Name
By _Roy D. B +ol
Title _Mayor
Date May 91 21,2012
Government - Mandated Provisions
Because this project activity is funded in whole or in part by the Federal Government, or an Agency
thereof, Federal Law requires that the Applicant's contracts relating to the project include certain
provisions. Depending upon the type of work or services provided and the dollar value of the resultant
contract, some of the provisions set forth in this Section may not apply to the Contractor or to the work or
services to be provided hereunder; however, the provisions are nonetheless set forth to cause this
Contract to comply with Federal Law. Parenthetical comments in the following paragraphs are taken from
44 CFR § 13.36(h) and (i).
A. Remedies. In the event that the Contractor defaults in the performance or observance
of any covenant, agreement or obligation set forth in this Agreement, and if such default
remains uncured for a period of 5 days after notice of default has been
given by Applicant to Contractor, then Applicant may take any one or more of the
following steps, at its option:
a. by mandamus or other suit, action or proceeding at law or in equity, require
Contractor to perform its obligations and covenants hereunder, or enjoin any acts
or things which may be unlawful or in violation of the rights of the Applicant
hereunder, or obtain damages caused to the Applicant by any such default;
b. have access to and inspect, examine and make copies of all books and records of
Contractor which pertain to the project;
c. make no further disbursements, and demand immediate repayment from Proposer
of any funds previously disbursed under this Agreement;
d. terminate this Agreement by delivering to Contractor a written notice of
termination; and /or
e. take whatever other action at law or in equity may be necessary or desirable to
enforce the obligations and covenants of Contractor hereunder, including but not
limited to the recovery of funds.
No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or
waive the right of Applicant to enforce the same or to obtain relief against or recover for the
continuation or repetition of such breach or violation or any similar breach or violation thereof at any
later time or times. In the event that Applicant prevails against Contractor in a suit or other
enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and
expenses incurred by Applicant.
B. Termination for Convenience. Applicant may choose to terminate this Agreement at
any time by delivering to Contractor a notice of termination. Delivery may be by letter,
email or fax and is effective upon issuance.
C. Termination for Cause. Applicant may choose to terminate this Agreement at any time
by delivering to Contractor _ days' advance written notice of intent to terminate.
D. Contractor shall comply with Executive Order 11246 of September 24, 1965, entitled
"Equal Employment Opportunity," as amended by Executive Order 11375 of October
13, 1967, and as supplemented in Department of Labor regulations (41 CFR
Chapter 60). (Applies to all construction contracts awarded in excess of $10,000 by
grantees and their contractors or subgrantees)
E. Contractor shall comply with the Copeland "Anti- Kickback" Act (18 U.S.C.
874) as supplemented in Department of Labor regulations (29 CFR Part 3).
(Applies to all Contracts and subcontracts for construction or repair)
F. Contractor shall comply with the Davis -Bacon Act (40 U.S.C. 276a to 276A- 7) as
supplemented by Department of Labor regulations (29 CFR Part 5). (Applies to
construction contracts in excess of $2,000 awarded by grantees and subgrantees
when required by federal grant program legislation, but does not apply to projects
paid for with disaster funding)
G. Contractor shall comply with Sections 103 and 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 327 -330) as supplemented by Department of Labor
regulations (29 CFR Part 5). (Applies to construction contracts awarded by grantees
and subgrantees in excess of $2,000, and in excess of $2,500 for other contracts
which involve the employment of mechanics or laborers)
H. Patent Rights and Copyrights. With respect to any discovery or invention which
arises or is developed in the course of or under this Agreement, Contractor is
responsible for complying with requirements pertaining to patent rights, as defined by
the awarding agency. With respect to any publication, documents, or data that arises
or is developed in the course of or under this Agreement, the Contractor is
responsible for complying with requirements pertaining to copyright, as defined by the
awarding agency.
I. Access to Documents. Contractor shall exercise best efforts to maintain
communication with Applicant's personnel whose involvement in the project is
necessary or advisable for successful and timely completion of the work of the
project, including but not limited to the closing of specific transactions.
Communications between the parties shall be verbal or in writing, as requested by
the parties or as dictated by the subject matter to be addressed. During the term of
this Agreement and for the ensuing record - retention period, Contractor shall make
any or all project records available upon reasonable request, and in any event within
two (2) business days of request, to Applicant, Iowa Homeland Security and
Emergency Management Division (HSEMD), the Federal Emergency Management
Agency (FEMA), the Comptroller General of the United States, and any other agency
of State or Federal government, or the duly authorized representatives of any of the
foregoing, that has provided funding or oversight for the project, for the purpose of
making audit, examination, excerpts and /or transcriptions. For purposes of this
section, "records" means any and all books, documents, papers and records of any
type or nature that are directly pertinent to this Agreement. Contractor agrees to
furnish, upon termination of this Agreement and upon demand by the Applicant,
copies of all basic notes and sketches, charts, computations, and any other data
prepared or obtained by the Contractor pursuant to this Agreement, without cost and
without restrictions or limitation as to the use relative to specific projects covered
under this Agreement. In such event, the Contractor shall not be liable for the
Applicant's use of such documents on other projects.
J. Retention of Documents. Contractor shall maintain all project records for a minimum
period of three (3) years after the date of final payment for services rendered under
this Agreement.
K. The Contractor shall comply with all applicable standards, orders, or requirements
issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the
Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental
Protection Agency regulations (40 CFR Part 15). (Applies to contracts,
subcontracts, and subgrants of amounts in excess of $100,000)
L. Energy Efficiency Standards. The Contractor shall comply with mandatory standards
and policies relating to energy efficiency that are contained in the State Energy
Conservation Plan issued pursuant to the Energy Policy and Conservation Act (Pub.
L. 94 -163, 89 Stat. 871). [53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 CFR
19639, 19645, Apr. 19, 1995].