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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. dbt)144 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].