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HomeMy WebLinkAbout06/16/2014Amended Council Agenda Items Council Meeting Monday, June 16, 2014 Add public hearing that had previously been scheduled. 8.5 Reallocation of unspent bond proceeds from the 2008A General Obligation Bonds in an amount not to exceed $75,000.00 _for a general corporate purpose, which bonds will be used to provide funds to pay costs of repairing the parking lot at the Public Library. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution to institute proceedings to take additional action and approve said reallocation. Submitted by Michelle Weidner, Chief Financial Officer Change wording to reflect the bond series type. 14. $4,970,000.00 General Obligation Bonds, Taxable Series 2014B. Resolution to appoint Bankers Trust Company, of Des Moines, Iowa to serve as Paying Agent, Bond Registrar, and Transfer Agent; approve the Paying Agent and Bond Registrar and Transfer Agent Agreement; and Authorizing the Execution of the Agreement. Resolution to authorize the issuance of said bonds and levying a tax to pay said bonds; approve the Continuing Disclosure Certificate, and approve the Funding Trust Agreement securing the refunding of Capital Loan Notes, Series 1998. Submitted by Michelle Weidner, Chief Financial Officer THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS MONDAY, JUNE 16, 2014 CITY OF WATERLOO GOALS 1 Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer -centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse, family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of three (3) minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tern) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. June 16, 2014 Roll Call. Moment of Silence. Pledge of Allegiance: Dennis Clark, General Manager Waterloo Water Works. Agenda, as proposed or amended. Minutes of June 9, 2014, Regular Session, June 4, 2014, Special Session and June 5, 2014, Special Session as proposed. Page 2 Proclamation declaring June 21st & June 22nd, 2014 as the Juneteenth Celebration. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Request of Kelsie Kidder for a variance to the Noise Ordinance on August 23, 2014 from 6:30 p.m. to 11:00 p.m. in conjunction with Marriage of Cortney Barron & Luke Mikkelsen to be held at 1319 Jersey Lane including DJ and the use of a PA system, together with recommendation of approval of Director of Safety Services. Submitted by Joe Leibold, Captain of Police Services 3. Request of Main Street Waterloo for a variance to the Noise Ordinance on July 18, 2014 from 5:30 p.m. - 9:30 p.m. and July 19, 2013 from 12:00 noon to 9:30 p.m. in conjunction with BBQ'Loo & Blues Too! event to be held at Lincoln Park including a band/ DJ and the use of a PA system, together with recommendation of approval of Director of Safety Services. Submitted by Joe Leibold, Captain of Police Services 4. Request of Main Street Waterloo to hold the 13th Annual BBQ'Loo & Blues Too! event at Lincoln Park on July 16, 2014 from 12:00 noon to July 19th until 12:00 midnight, to include street closures and barricades for the 400 block of East 4th Street, 500 block of Mulberry Street and 400 block of Park Avenue for the Sanctioned BBQ competition, together with recommendation of approval of Director of Safety Services. Submitted by Joe Leibold, Captain of Police Services June 16, 2014 Page 3 5. Request to certify the following assessments to properties for work performed by the Water Works, together with recommendation of approval of Board of Water Works Trustees: Address and amount to certify: 522 Beech Street - $4, 785.00 215 East 1st Street - $1,711.51 616 Logan Avenue - $2,450.00 1424 Bertch Avenue - $3,200.00 Submitted by Dennis Clark, General Manager of Waterloo Water Works 6. Approval of the use of MidPort Tax Increment Financing funds for development for the development of property generally located as a portion of South Port Second Addition south of Cedar Valley Warehouse, Inc. I be approved in an amount not to exceed $285, 000.00. 7. Approval of the use of MidPort Tax Increment Financing funds for development for the development of property generally located as a portion of South Port Second Addition be approved in an amount not to exceed $85, 000.00. 8. Approval of the use of MidPort Tax Increment Financing funds to obtain a release of property from the FAA for the development of property generally located at the northwest corner of Airline Highway and Wagner Road be approved in an amount not to exceed $240, 000.00. 9. Approval of the use of MidPort Tax Increment Financing funds for grant writing services for 2 state RISE grants for the construction of segments of Geraldine Road (Phase III) and MidPort Boulevard (Phase II) be approved in an amount not to exceed $4,000.00. 10. Approval of the use of MidPort Urban Renewal Area Tax Increment Financing funds be approved in an amount not to exceed $28,500.00 for the year ended June 30, 2014 to finance the contract with the Greater Cedar Valley Alliance. 11. Approval of the use of Northeast Industrial Site Urban Renewal Area Tax Increment Financing funds be approved in an amount not to exceed $28,500.00 for the year ended June 30, 2014 to finance the contract with the Greater Cedar Valley Alliance. 12. Approval of the use of San Marnan Urban Renewal Area Tax Increment Financing funds be approved in an amount not to exceed $28,500.00 for the year ended June 30, 2014 to finance the contract with the Greater Cedar Valley Alliance. 13. Approval of the use of San Marnan Urban Renewal Area Tax Increment Financing funds for the acquisition of property generally located in the San Marnan TIF District be approved in an amount not to exceed $875,000.00. June 16, 2014 Page 4 14. Approval of the use of Downtown Urban Renewal Area Tax Increment Financing funds be approved in the amount of $40,000.00 for the year ended June 30, 2014 for the contract with the Main Street. 15. Approval of the use of Logan Tax Increment Financing funds for the redevelopment of the site of a dilapidated, vacant structure for retail use be approved in an amount not to exceed $35,000.00 16. Approval of the use of Logan Tax Increment Financing funds to be used for the redevelopment of a parking lot into a site for retail use be approved in an amount not to exceed $50,000.00. 17. Approval of the use of Logan Tax Increment Financing funds to be used for the redevelopment of a site for retail and mixed use buildings be approved in an amount not to exceed $360,000.00. 18. Approval of the use of Logan Tax Increment Financing funds to be used for the redevelopment of a site for retail use be approved in an amount not to exceed $125,000.00. b. Motion to approve the following: 1. 2. Travel Requests Name & Title of Amount Personnel Class/ Meeting Destination Date(s) not to exceed Officer Savage 2014 International Chicago, IL 08/ 11/ 14- $850.00 Gang Specialist 08/ 13/ 14 Conference Sergeant Hoelscher Hazardous Device Huntsville, 07/20/ 14- $300.00 & Officer Bram School AL 07/26/ 14 3. Recommendation of appointment of Michael Bearbower and John Holler to the position of Sewer Maintenance Worker at the Waste Management Service Dept., pending their pre-employment physical exam. Start date for Michael Bearbower will be June 17, 2014 and start date for John Holler will be July 7, 2014. Submitted by Larry N. Smith, Waste Management Services Superintendent 4. Recommendation of re -appointment of John Blitsch to the Civil Service Commission with term expiration of 4/1/2015. Submitted by Mayor Buck Clark 5. Recommendation of appointment of Tenesha Diekman to the Human Rights Commission with term expiration of 6/ 16/2017. Submitted by Mayor Buck C/ark June 16, 2014 6. 7. 8. Page 5 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Hy -Vee Food Store #2 2181 Logan Ave. Class E Liquor, Class B Wine, Class C Beer Renewal 03/23/ 15 X WCA Building & Amphitheatre 225 Commercial St. Special Class C (BW) and Outdoor Service Renewal 06/21/ 15 X Flirt's Gentlemen Club 319 Jefferson St. Class C Liquor New 06/ 11/ 15 X 9. Motion to receive and file the Iowa Public Official Bond for Trustees Members Mary Potter and Scott Wienands. Submitted by Dennis Clark, General Manager of Waterloo Water Works 10. Bonds Cigarette/ Tobacco Permit Renewal Applications 11) A&S Petroleum dba King Star, 127 Jefferson St. 12) Ali's Liquor, 1117 E. 4th Street 13) E Z International, Inc. dba B & B East, 1615 Bishop Ave. 14) Caseys 218 Pub, Inc., 4014 University Ave. 15) Caseys Pub West Donald, Inc., 1125 W. Donald St., 16) Casey's Marketing Co. dba Casey's General Store #2427, 3035 Logan Ave. 17) Casey's Marketing Co. dba Casey's General Store #2866, 51 E. Tower Park Dr. 18) Casey's Marketing Co. dba Casey's General Store #2867, 2424 Ranchero Rd. 19) Casey's Marketing Co. dba Casey's General Store #2879, 3260 University Ave. 20) Casey's Marketing Co. dba Casey's General Store #2880, 1604 LaPorte Rd. 21) CVS Pharmacy #8544, 1825 E. San Marnan Dr. 22) CVS Pharmacy #8546, 205 Franklin St. 23) Ravion, Inc. dba Prime Mart 3, 1008 LaPorte Rd. 24) Fareway Stores, Inc. #951, 40 W. San Marnan Drive 25) Johnson Grocery dba Hometown Foods, 1010 E. Mitchell Ave. 26) Hy -Vee, Inc. dba Hy -Vee Food Store #1, 2834 Ansborough Ave. 27) Hy -Vee, Inc. dba Hy -Vee Wine & Spirits #1, 2126 Kimball Ave. 28) Hy -Vee, Inc. dba Hy -Vee Food Store #2, 2052 Logan Ave. 29) Hy -Vee, Inc. dba Hy -Vee Gas #2, 2221 Logan Ave. 30) Hy -Vee, Inc. dba Hy -Vee Food Store #3, 1422 Flammang Dr. 31) Hy -Vee, Inc. dba Hy -Vee Gas #3, 1512 Flammang Dr. 32) Hy -Vee, Inc. dba Hy -Vee Food Store #4, 4000 University Ave. 33) Hy -Vee, Inc. dba Hy -Vee C -Store #4, 3700 University Ave. 34) Jim Lind Service, 230 E. Ridgeway Ave. June 16, 2014 35) Karma Bar, 309 W. 4th St. 36) Kmart Corp. dba Kmart #4158, 3810 University Ave. 37) Kum & Go, #211, 1976 Franklin 38) Kum & Go, #212, 117 E. San Marnan 39) Kwik Star #380, 506 W. 9th St. 40) Kwik Star # 732, 324 Fletcher Ave. 41) Kwik Star #724, 1105 Cedar Bend Dr. 42) Kwik Star # 723, 707 Broadway St. 43) Kwik Star # 722, 1214 Franklin St. 44) Kwik Star #715, 1636 W. 4th St. 45) Kwik Stop #3, 1104 Washington St. 46) Kwik Stop #4, 515 Broadway St. 47) Metro Mart #1, 3201 W. 4th St. 48) Metro Mart #4, 2332 Falls Ave. 49) Nat'l Cigar Store, 617 Sycamore St. 50) Sycamore Convenience, 619 Sycamore St. 51) Tobacco Outlet Plus #500, 1803 LaPorte Rd. 52) Walgreens #10855, 1850 Logan Ave. 53) Walgreens #07455, 111 W. Ridgeway Ave. 54) Walgreens #03590, 3910 University Ave. PUBLIC HEARINGS Page 6 2. Public Works Salt Storage Facility. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution ordering construction. Motion to receive, file, and read bids and refer to Public Works Director for review. Submitted by Mark Rice, Public Works Director 3. F.Y. 2015 Sidewalk Inspection and Repair Program - Zone 4. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing proposed repairs to sidewalk. Resolution adopting Proposed Resolution of Necessity, as proposed or amended. Submitted by W Wayne Castle, PLS, El, Associate Engineer June 16, 2014 Page 7 4. Haying at Waterloo Regional Airport. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—Objections on file in the City Clerk's office. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, and bid document, etc. Resolution authorizing to proceed. Motion to receive, file, and read bids and refer to Airport Director for review. Resolution approving award of contract to Martinson Construction of Waterloo, Iowa in the amount of $20.00 per 5'x5' round bale in conjunction with Haying Lease at Waterloo Regional Airport; and approving the Contract and Certificate; and authorize Mayor and City Clerk to execute said document. Submitted by Mike Wilson, Airport Director 5. Request of Howard L. Allen Investments, Inc. to vacate, and enter into a Development Agreement with Howard L. Allen Investments, Inc. to sell and convey for $1.00, a portion of the La Porte Road frontage road, generally located between Easton Avenue and Lorraine Avenue, for the construction of a 3,750 sq. ft. commercial building. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance vacating a portion of LaPorte Road frontage road, generally located between Easton and Lorraine Avenues. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Resolution authorizing sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly. Resolution approving Development Agreement; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director 6. Request by City of Waterloo to sell and convey the 4' portion of lot 8 !formerly 1019 Lafayette Street) to the abutting property owner at 1013 Lafayette Street for Danielle Rohret for $1.00 plus costs, to legalize the housing setback and eliminate a common shared driveway setup. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly. Submitted by Noel Anderson, Community Planning & Development Director June 16, 2014 Page 8 7. Development Agreement between the City of Waterloo and ElizabethBlake, LLC, for the construction of a 7,500 SF industrial building at 2005 Westfield Avenue, adding $220,000 of taxable value to the site, and offering a grant up to $40,000 for sanitary sewer line relocation. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—Objections on file in the City Clerk's office. Motion to close hearing and receive and file oral and written comments. Resolution approving said Development Agreement; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director 8. Asbestos Abatement Services for the following properties: 3137 Independence Avenue, 2375 Independence Avenue, 4012 Leversee Road, and 421 Almond Street. (223 Independence Avenue and 210 Clay Street were removed from bid specifications, as they were inadvertently added in error). Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of Request for Proposals, plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file, and read bids and refer to Community Planning & Development Director for review. Submitted by Noel Anderson, Community Planning & Development Director RESOLUTIONS 9. Motion approving Change Order for a net decrease of $29,121.39 for work performed by Larson Construction Company of Independence, Iowa for the F.Y. 2011 City of Waterloo Public Works Facility Construction Project, Contract No. 810; and authorize Mayor and City Clerk to execute said document. Submitted by Mark Rice, Public Works Director 10. Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Larson Construction Company of Independence, Iowa at a total cost of $8,642,878.61, for the F.Y. 2011 City of Waterloo Public Works Facility Construction Project, Contract No. 810; and authorize release of retainage in the amount of $419,263.11 Submitted by Mark Rice, Public Works Director June 16, 2014 Page 9 11. Resolution approving Memorandum of Understanding with Iowa Northland Regional Council of Governments (INRCOG) in an amount not to exceed $2,000.00 for the writing, preparation, and submittal of a REAP grant application requesting up to $200,000.00 for improvements to Sherwood Park Recreation Area; and authorize Mayor and City Clerk to execute said document. Submitted by Paul Huting, Leisure Services Director 12. Resolution approving agreement with City Attorney James E. Walsh, Jr. and Clark, Butler, Walsh and Hamman for legal services at the rates of $1,750.00 per month and at $130.00 per hour for attorneys and $70.00 per hour for paralegal services. Submitted by Michelle, Weidner, Chief Financial Officer 13. $10,065,000.00 General Obligation Bonds, Series 2014A. Resolution to appoint Bankers Trust Company, of Des Moines, Iowa to serve as Paying Agent, Bond Registrar, and Transfer Agent; approve the Paying Agent and Bond Registrar and Transfer Agent Agreement; and Authorizing the Execution of the Agreement. Resolution to authorize the issuance of said bonds and levying a tax to pay said bonds, approve the Tax Exemption Certificate, the Continuing Disclosure Certificate, and Funding Trust Agreement securing the refunding of General Obligation Bonds, Series 2006A. Submitted by Michelle Weidner, Chief Financial Officer 14. $4,970,000.00 General Obligation Bonds, Series 2014B. Resolution to appoint Bankers Trust Company, of Des Moines, Iowa to serve as Paying Agent, Bond Registrar, and Transfer Agent; approve the Paying Agent and Bond Registrar and Transfer Agent Agreement; and Authorizing the Execution of the Agreement. Resolution to authorize the issuance of said bonds and levying a tax to pay said bonds; approve the Continuing Disclosure Certificate, and approve the Funding Trust Agreement securing the refunding of Capital Loan Notes, Series 1998. Submitted by Michelle Weidner, Chief Financial Officer 15. $8,515,000.00 General Obligation Refunding Bonds, Series 2014C. Resolution to appoint Bankers Trust Company, of Des Moines, Iowa to serve as Paying Agent, Bond Registrar, and Transfer Agent; approve the Paying Agent and Bond Registrar and Transfer Agent Agreement; and Authorizing the Execution of the Agreement. Resolution to authorize and provide for issuance of said bonds and levying a tax to pay said bonds, approve the Tax Exemption Certificate, and approve the Continuing Disclosure Certificate, and approve Refunding Trust Agreement securing the advance refunding of General Obligation Bonds, Series 2007A. Submitted by Michelle Weidner, Chief Financial Officer June 16, 2014 Page 10 16. Resolution approving submittal of a State Recreational Trails Funds application to Iowa Department of Transportation for $750,000.00, with local match not to exceed $400,000.00, for the Highway 63 Recreation Trail Extension; and authorize Mayor and City Clerk to execute said document. Submitted by Jeff Bales, Associate Engineer 17. Resolution approving Right -of -Way License Agreement with CBE Companies, Inc. allowing the use of city right-of-way for a communication system; and authorize Mayor and City Clerk to execute said document. Submitted by Eric Thorson, PE, City Engineer 18. Resolution approving Property Lease and Exchange Lease Agreements with R & S Commercial LLC and R & S Rental LLC (SJ Construction) of Waterloo, Iowa for the lease of City owned land located on the northwest corner of East 9th and Sycamore Streets in the amount of $1.00 for a term ending December 31, 2014; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, community Planning & Development Director 19. Resolution to approve amending General Rules for Public Participation at City Council meetings for speaking from a maximum of three (3) minutes to a maximum of five (5) minutes. Submitted by Carol Nemmers, Deputy City Clerk ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares, CMC City Clerk/ Human Resource Director MEETINGS Monday, June 16, 2014 4:55 p.m. - Boards & Commissions Committee, Harold E. Getty Council Chambers 5:05 p.m. - Finance Committee, Harold E. Getty Council Chambers June 16, 2014 Page 11 PUBLIC INFORMATION 1. Civil Service Commission Minutes of April 25, 2014 on file in the City Clerk's office. CONTRACT PAYMENT SCHEDULE 1. University Ave., US 63 to W'loo City Limits-Eval of Proposed Transfer of jurisdiction Pay estimate to AECOM in the total amount due of $6,496.64. 2. US Hwy 63 (Newell to Donald) on-call post design services, Contract No. 790 Pay estimate No. 15 to AECOM in the total amount due of $6,235.33. 3. F. Y. 2014 SW & Trail Repair Program, Contract No. 863 Pay estimate No. 2 to Todd Van Dorn Construction in the total amount due of $64,121.65. June 5, 2014 The Council of the City of Waterloo, Iowa met in Special Session on Thursday, June 5, 2014 immediately following the Council Work Session. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart. 142891 - Hart/Schmitt that copies of Call for the Special Session on Thursday, June 5, 2014, be received and placed on file. Vote -Ayes: Seven. Motion carried. 142892 - Hart/Schmitt that the Agenda, as proposed, for the Special Session on Thursday, June 5, 2014 be accepted and approved. Vote -Ayes: Seven. Motion carried. 142893 - Hart/Schmitt that Outdoor Service Area Only Application for The Brown Derby, 614 Sycamore Street (New) (06/04/2014 to 09/30/2014) with prior approval of sketch for each upcoming event by the City Clerk's office, be approved. Vote -Ayes: Seven. Motion carried. ADJOURNMENT 142894 - Hart/Welper that the Council adjourn at 8:26 a.m. Vote -Ayes: Seven. Motion carried. Suzy Schares, CMC City Clerk/Human Resource Director June 9, 2014 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, June 9, 2014. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart. Moment of Silence. Pledge of Allegiance: Mayor Buck Clark. 142895 - Hart/Schmitt that the Agenda, as amended by adding 1.a.7 My Waterloo Days application for Noise Ordinance, for the Regular Session on Monday, June 9, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 142896 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, June 2, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 142897 - Hart/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated June 9, 2014, in the amount of $1,796,143.13, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2014-439. 2. Acceptance of Acknowledgment/Settlement Agreement in the amount of $1,500.00 civil penalty with New Star Mart, 1459 Ansborough Avenue, Waterloo, Iowa for sale of tobacco products or cigarettes to persons under 18 years of age, second violation. Resolution adopted and upon approval by Mayor assigned No. 2014-440. 3. Request of Cedar Valley Pride Fest Incorporated to hold 3rd Annual Cedar Valley Pride Fest event to be held along the 300 and 400 block of West 4th Street along with the 500 and 600 block of W. Washington Access from 6:00 a.m. Saturday, August 23, 2014 to 4:00 a.m. Sunday, August 24, 2014 including the closure of street from Jefferson Street northbound to Washington Street. Resolution adopted and upon approval by Mayor assigned No. 2014-441. 4. Request of Trent Hunter for an asphalt driveway to be located at 709 Milwaukee Avenue, together with recommendation of approval of City Engineer. Resolution adopted and upon approval by Mayor assigned No. 2014-442. 5. Request of Cedar Valley Corp., LLC for a variance to the Noise Ordinance during construction season 2014, Kimball Avenue Reconstruction Project #STP -U-8155(731)-70-07, (Mid June - November) from 11:00 p.m. to 7:00 a.m., together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2014-443. 6. Request to cancel sidewalk, weed and snow removal assessments for African American Historical and Cultural Museum located 1320 E. 4th Street in the amount of $4,014.82, in lieu of an agreement to repay the City of Waterloo for the sidewalk assessment in the amount of $3,585.32 within a nine (9) month period; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation and execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2014-444. June 9, 2014 b. Motion to approve the following: 1. 2. 3. 4. Page 2 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Main Street 329 E. 4th St. Special Class C Transfer from Lincoln Park to 1000 Fletcher Ave. Existing 06/14/14 Main Street 329 E. 4th St. Special Class C Transfer from Lincoln Park to 707 Park Road (Boathouse) Existing 06/15/14 Winning Edge 341 Fletcher Ave. Outdoor Service Only Existing 06/14/14- 06/16/14 Pat's 307 W. 4th Street Class C Liquor New 05/23/15 Mr. Welper wanted explanation of 1.a.6. Hart stated consensus of Council. Chris Wendland drew up document to allow the organization nine months to pay for their assessment, in the amount of 3585.32 balances including the discharge of the weed, mowing, and snow removal, while holding them accountable for the sidewalk assessment. William Frost, 212 E. 4th St., member of the current museum board, was unaware of assessments. Since being notified, the members are seeking funds to pay the assessments. Mr. Hart asked what will be done to make sure the weed, mowing and snow removal will be done. Mr. Frost stated they were getting someone to take care of it. Mr. Welper expressed concern that the organization pays the full assessment. Mr. Schmitt stated this item was originally tabled and should've been a separate item and not on consent agenda. Mayor Clark stated we can approve the consent agenda except for 1.a.6. 142898 - Lind/Welper Request that item 1.a.6, request to cancel sidewalk, weed and snow removal assessments for African American History and Cultural Museum be removed from the consent agenda. Voice Vote: Seven. Motion carried. Roll call vote -Ayes: Seven. ITEM 1.a.6. 142899 - Schmitt/Hart Motion to approve the request to cancel sidewalk, weed and snow removal assessments for African American History and Cultural Museum located at 1320 E. 4th Street the full balance in the amount of $4,014.82 and grant nine (9) months for the organization to satisfy their debt to the city; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation and authorize Mayor to execute said document. Voice Vote -ayes: Seven. Motion carried. PUBLIC HEARINGS 142900 - Schmitt/Hart to cancel hearing in conjunction with the Sale and Conveyance of City owned property generally located at 1423 Hawthorne Avenue, due to lack of bids. Voice vote -Ayes: Seven. Motion carried. Scott Norris, 1412 Hawthorne Street, stated that he lives on the street. He urged to tear it down because it's an eyesore and it's dangerous. 142901 - Hart/Welper that proof of publication of notice of public hearing on F.Y. 2014 Stormwater Lift Stations (Hollywood, Cedar Bend, and Fletcher), Contract No. 836, as published in the Waterloo Courier on May 21, 2014, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. June 9, 2014 Page 3 This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 142902 - Hart/Welper that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 142903 - Hart/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Stormwater Lift Stations (Hollywood, Cedar Bend, and Fletcher), Contract No. 836", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-445. 142904 - Hart/Welper that "Resolution ordering construction in conjunction with F.Y. 2014 Stormwater Lift Stations (Hollywood, Cedar Bend, and Fletcher), Contract No. 836", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-446. 142905 - Hart/Welper to receive, file and instruct City Clerk to read bids and refer to City Engineer for review. Voice vote -Ayes: Seven. Motion carried. Bidder Bid Security Bid Amount Ricklefs Site 1-$1,948,867.00 Excavating, Ltd.% 5° Site 2-$2,847,367.00 12536 Buffalo Rd. Site 3-$1,787,646.00 Anamosa, IA 52205 Total -$6,583,880.00 Site 1-$1,898,832.30 WRH, Inc. Site 2-$3,444,080.25 P.O. Box 256 5% Site 3-$1,856,128.75 Amana, IA 52203 Total -$7,199,041.30 142906 - Schmitt/Hart that proof of publication of notice of public hearing on Wireless Communication Services, as published in the Waterloo Courier on May 23, 2014, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 142907 - Schmitt/Hart that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 142908 - Schmitt/Hart that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Wireless Communication Services", be adopted. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-447. 142909 - Schmitt/Hart that "Resolution authorizing to proceed in conjunction with Wireless Communication Services", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-448. 142910 - Schmitt/Hart to receive, file and instruct City Clerk to read bids and refer to City Clerk for review. Voice vote -Ayes: Seven. Motion carried. June 9, 2014 Page 4 Bidder Bid Amount U.S. Cellular 4201 River Center Court Cedar Rapids, IA 52402 NE $1,999.00/month estimate Verizon Wireless 7600 Montpelier Rd. Laurel, MD 20723 $2,499.33/month estimate RESOLUTIONS 142911 - Hart/Welper that "Resolution approving F.Y. 2015 Claims Service Contract agreement for Third Party Administration with Alternative Service Concepts at a cost not to exceed $23,810.00, plus bill review, to provide administrative and claims services for self-funded work comp insurance", be adopted. Roll call vote -Ayes: Five. Nays: Schmitt, Lind. Resolution adopted and upon approval by Mayor assigned No. 2014-449. Mr. Schmitt noted that there is a local insurance company that would like to give us a quote on our insurance. Mayor Clark expressed that the City Clerk has met with the local company last year and they were not able to offer the level of coverage that we needed for our employees. 142912 - Hart/Welper that "Resolution approving renewal of stop loss health insurance for a premium of $915,245.00 with Wellmark Blue Cross Blue Shield, including administrative and claim services at a cost of $27.81 per employee per month and a disease management addendum", be adopted. Roll call vote -Ayes: Five. Nays: Schmitt, Lind. Resolution adopted and upon approval by Mayor assigned No. 2014-450. 142913 - Hart/Welper that "Resolution approving renewal of contract with Delta Dental of Iowa to administer the employee dental health benefit plan, including administrative and claims services, at a cost of $3.91 per employee per month for FY15", be adopted. Roll call vote -Ayes: Five. Nays: Schmitt, Lind. Resolution adopted and upon approval by Mayor assigned No. 2014-451. 142914 - Welper/Hart that "Resolution to approve request for temporary stop sign at the intersections of Wyoming and Schultz Streets", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-452. 142915 - Welper/Hart that "Resolution approving relocating a 100 watt HPS on a wood pole in the cul- de-sac of the 300 block of Four Seasons Drive", be adopted. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-453. 142916 - Welper/Hart that "Resolution setting date of hearing as June 23, 2014 to approve request of Robson Homes, Inc. of Cedar Rapids, Iowa to rezone approximately 6.47 acres from "R-3" Multiple Residence District and Site Plan Amendment to the "R -3,R -P" Planned Multiple Residence District, for 148 new dwelling units located on 20.63 acres of land, generally located east of Mourning Dove Drive; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-454. June 9, 2014 142917 - Hart/Morrissey Page 5 that "Resolution setting date of hearing as June 23, 2014 to approve request by City of Waterloo to vacate the 20' platted alley, generally located adjacent to 316-318 W. 3rd Street, subject to the retention of a utility easement over, under and upon the entire area to be vacated; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-455. 142918 - Hart/Morrissey that "Resolution setting date of hearing as June 23, 2014 to approve request by Dennis Hagenow to vacate the west 40' of David Street, located south of W. Parker Street, subject to the retention of a utility easement over, under and upon the entire area to be vacated; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Mr. Lind questioned whether the owner can put up a fence if there are utility easements. Noel Anderson, Community Planning & Development Director, noted that he would talk to Engineering and Waste Management. Resolution adopted and upon approval by Mayor assigned No. 2014-456. 142919 - Hart/Morrissey that "Resolution approving Contracted Golf Course Rental contract with Waterloo Jaycees for Waterloo Open event set for July 16-20, 2014; and authorize Mayor and City Clerk to execute said contract", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-457. 142920 - Morrissey/Welper that "Resolution approving the Project Agreement with AECOM of Waterloo, Iowa, in the amount not to exceed $49,700.00 for design, bidding and inspection services in acquiring snow removal equipment for the Waterloo Regional Airport; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-458. 142921 - Morrissey/Welper that "Resolution setting the date of hearing as June 16, 2014 on the reallocation of unspent bond proceeds in an amount not to exceed $75,000.00 for a general corporate purpose, which bonds will be used to provide funds to pay costs of repaving the parking lot at the Public Library; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-459. ORDINANCES 142922 - Morrissey/Hart that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, approving a Rezone on Certain Property in conjunction with rezone request from Rooff Development of Waterloo, Iowa to rezone approximately 0.413 acres from "C-2" Commercial to "C-3" Commercial District to allow for the construction of eight (8) "Brownstone" Style condominiums at the corner of East 3rd Street and Lafayette Street", be received, placed on file, considered and passed for the third time and adopted. Roll call vote -Ayes: Five. Nays: Schmitt, Lind. Mr. Schmitt noted that it's a great project, but he's not approving the location. Ordinance adopted and upon approval by Mayor assigned No. 5224. June 9, 2014 OTHER COUNCIL BUSINESS 142923 - Schmitt/Welper Page 6 that motion approving Change Order No. 1 for a net increase of $45,511.95 for work performed by Cedar Valley Corp., LLC of Waterloo, Iowa, in conjunction with the F.Y. 2014 Kimball Avenue Transportation Improvements STP -U-8155(731)-70-07, Contract No. 843, be received, placed on file and approved. Roll call vote - Ayes: Seven. Motion carried. Rob Holland, Ament Design, consulting engineers on the project, expressed an oversight in one of the project designs that was a requirement by Iowa Department of Transportation. 142924 - Hart/Welper to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Treatment Plant Levee Tree Removal, Contract No. 868, be approved. Voice vote -Ayes: Seven. Motion carried. 142925 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Treatment Plant Levee Tree Removal, Contract No. 868, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 142926 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Treatment Plant Levee Tree Removal, Contract No. 868", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-460. 142927 - Hart/Welper that "Resolution setting date of bid opening as June 19, 2014 and date of public hearing as June 23, 2014; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Treatment Plant Levee Tree Removal, Contract No. 868", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-461. 142928 - Hart/Welper to instruct Airport Director to prepare plans, specifications, bid document, etc. in conjunction with replacement of Bi -Fold Door on Hangar #2 at Waterloo Regional Airport, be approved. Voice vote -Ayes: Seven. Motion carried. 142929 - Hart/Welper that plans, specifications, bid document, etc. in conjunction with replacement of Bi -Fold Door on Hangar #2 at Waterloo Regional Airport, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 142930 - Hart/Welper that "Resolution preliminarily approving plans, specifications, bid document, etc. in conjunction with replacement of Bi -Fold Door on Hangar #2 at Waterloo Regional Airport", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-462. 142931 - Hart/Welper that "Resolution setting date of bid opening as July 3, 2014 and public hearing as July 7, 2014; and instruct City Clerk to publish notice of plans, specifications, bid document, etc. in conjunction with replacement of Bi -Fold Door on Hangar #2 at Waterloo Regional Airport", be adopted. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-463. June 9, 2014 142932 - Hart/Welper Page 7 to instruct Airport Director to prepare plans, specifications, bid document, etc. in conjunction with Metal Roofing Restoration on the Snow Removal Equipment Building at Waterloo Regional Airport, be approved. Voice vote -Ayes: Seven. Motion carried. 142933 - Hart/Welper that plans, specifications, bid document, etc. in conjunction with Metal Roofing Restoration on the Snow Removal Equipment Building at Waterloo Regional Airport, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 142934 - Hart/Welper that "Resolution preliminarily approving plans, specifications, bid document, etc. in conjunction with Metal Roofing Restoration on the Snow Removal Equipment Building at Waterloo Regional Airport", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-464. 142935 - Hart/Welper that "Resolution setting date of bid opening as July 3, 2014 and public hearing as July 7, 2014; and instruct City Clerk to publish notice of plans, specifications, bid document, etc. in conjunction with Metal Roofing Restoration on the Snow Removal Equipment Building at Waterloo Regional Airport", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-465. ORAL PRESENTATIONS 142936 - Hart/Welper Jack Black, 227 Downing Avenue, stated that he wanted to thank Dan and Jim and the entire cast for the Brown Derby. Bill Kammeyer, 526 Home Park Boulevard, expressed his concern regarding general rules for public participation the time for speaking at meetings and wanted his councilmembers support. Mayor Clark noted that at the Thursday morning agenda meeting they would talk about the 3 minute rule. Forest Dillavou, 1425 Huntington Road, expressed his concerns regarding councilmember support within the community. that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 142937 - Hart/Welper that the Council adjourn at 6:20 p.m. Voice vote -Ayes: Seven. Motion carried. Carol Nemmers Deputy City Clerk CITY OF WATERLOO Council Communication City Council Meeting: Prepared: Dept. Head Signature: # of Attachments: 1 June 16, 2014 June 9, 2014 SUBJECT: Proclamation: Juneteenth Celebration Submitted by: Mayor Clark Recommended City Council Action: Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: City of Waterloo Finance Committee Open Invoice Report i -or June 16 2014 Approval Finance Committee Accounts Payable Open Invoice Report Total As of Friday, June 13, 2014 Add: Wellmark Remove Radio Communications Remove Radio Communications Remove Radio Communications Remove Young Plumbing & Heating EFT Transactions: 975,717.37 82,476.08 (833.33) (833.33) (833.34) (862.50) Subtotal - as of Monday, June 16 2014 1,054,830.95 Workers Compensation Issued by TPA Gross Payroll Housing Authority Housing Assistance EFT's Housing Authority Housing Assistance EFT's Wellmark EFT 0.00 1, 544, 248.37 1,248.70 !Bill Payment Total - Monday, June 16 2014 2,600,328.02 Payment to Council members or relate entities Schmitt Telecom Partners Inc $306.94 City of Waterloo Payroll Date Preparer: GL Date Banking Date 06/13/14 RH 06/13/14 06/1314 JE 1567 Fund DEBIT Fund Dir Dep ACH Dir Dep ACH 1 010 566,464.93 010 1 566,464.93 204 8,329.32 204 1 8,329.32 205 19, 340.34 205 1 19, 340.34 224 9,584.29 224 2 9,584.29 266 62,061.78 266 1 62,061.78 283 9,994.41 283 3 9,994.41 290 456.90 290 1 456.90 423 0.00 423 4 0.00 520 40,094.17 520 5 40,094.17 521 13,007.15 521 5 13,007.15 525 23,640.70 525 1 23,640.70 Net Payroll Total 752,973.99 Net Payroll Total 752,973.99 Dir Dep ACH (631,509 19) Net Payroll Total 752,973.99 Net Payroll checks only 121,464.80 w/d amount To: (WF) Payroll Bank Acct ��,, ����n / 13' 6 A(RB) OVRNT $ 48,784.78 da -4-1Z- Li (RB) CDBG J / (USB)HOUSE (RB)SEW 1 :f. 48,784 78 2 9,584.29 3 9,994.41 5 53,101.32 121,464.80 9,584.29 U' .t J.5 o � ✓� 9,994.41 X/J44 L-1261(0 'J,1r "AA, d ,413311 53,101.32 Net Payroll checks only $ 121,464.80 Dir Dep ACH ACH 631,509.19 Net Payroll Total $ 752,973.99 Ne?t 6/12/2014 forms payroll banking net.xlsx 061314 City of Waterloo Payroll Vendor Disbursements Checks Issued and EFT JE: 1570 &1572 Date: 06/13/14 Prepared by: RH Fund GRAND TOTALS Vendor Check EFT Inv jrnl Amount Amount Fund Amount 010 231,870.73 220,663.16 010 1 452,533.89 Deductions from Inv journal Ro notus:e.:. 010 1 (1,693.45) 200 165,684.49 0.00 200 1 165,684.49 204 5,313.73 4,391.29 204 1 9,705.02 205 7,843.11.... 9,078.51 205 1 16,921.62 ............ .............. 224 4,127.21 D4:ndt:US@.:: 224 2 4,127.21 •............. 224 :::::D:o:nbt:4 :::::: 6,065.10 224 2a 6,065.10 266 24,064.26 30,263.02 266 1 54,327.28 283 3,544.22 4,398.63 283 3 7,942.85 290 409.63 314.32 290 1 723.95 520 14,546.43 19,040.96 520 4 33,587.39 521 6,526.57 6,623.75 521 4 13,150.32 525 8,145.86 11, 694.26 525 1 19, 840.12 WAR 472,076.24 310,839.55 WAR 782,915.79 WAR 944,152.48 621,679.10 (472,078 241 (310,839.559 1,565,831.58 1,565,831.58 472,076.24 310,839.55 (782,915 79) 1 $ 718,042.92 2 4,127.21 782,915.79 2a 6,065 10 3 7,942 85 4 46 737.71 w/d amount To: (RB) ACCTS PYBL Bank Acct (RB) OVRNT $ 718,042.92 (RB) CDBG 4,127.21 No bankIng (RB) CDBG 6,065.10 /X17/ (USB)HOUSE 7,942.85 (RB)SEW 46,737.71 Grand Total $ 782,915.79 Grand Total $ 782,915.79 6/13/2014 forms pyrll vendor disbrs banking net.xlsx 061314+EFT City of Waterloo Bill Payments Bill Date 6/16/2014 Banking Date 6/17/2014 Prepared by: RH Journal Number 1591 Fund Amount Fund Amount for formula 010 328,721.11 010 1 $ 328,721.11 100 750.00 100 1 750.00 101 20,178.00 101 1 20,178.00 204 6,556.92 204 1 6,556.92 205 26,380.10 205 1 26,380.10 224 36,934.50 224 2 36,934.50 266 41,341.04 266 1 41,341.04 283 307.56 283 3 307.56 290 12,082.91 290 1 12,082.91 409 48,026.20 409 4 48,026.20 410 1,362.79 410 4 1,362.79 411 2,632.07 411 4 2,632.07 412 39,568.87 412 4 39,568.87 413 186,034.46 413 4 186,034.46 414 82,444.43 414 4 82,444.43 423 70,313.95 423 6 70,313.95 426 3,295.74 426 1 3,295.74 520 68,618.62 520 5 68,618.62 521 4,486.69 521 5 4,486.69 525 64,469.33 525 1 64,469.33 900 10,325.66 900 1 10,325.66 WAR 1,054,830.95 1,054,830.95 juornal total 2,109,661.90 $ 2,109,661.90 1 $ 51=1,100 WAR formula (1,054,830.95) 2 36,934.50 3 307.56 Approved check total 1,054,830.95 4 360,068.82 5 73,105.31 6 70,313.95 w/d amount To: (RB) ACCTS PYBL $ 1,054,830.95 �/ Bank Acct \I OliA (RB) OVRNT $ 514,100.81 V (RB) CDBG 36,934.50 ,No baanking , J ✓ (USB)HOUSE 307.56' "'"'� I•12.-52 " mow' J / (RB)GOB 360,068.82 J (RB)SEW 73,105.31 ✓ (RB)CAP 70,313.95 $ 1,054,830.95 6/17/2014 forms bill banking net.xlsx 061614 ‚"If E - Keisie Kidder DRESS: 129118 S : "n An =ws I r. Kansas Ci MO t 145 yl� 319-610-1472 DA`IE VARIANCE 23 AUG 2014 Marriage of Cortney Barron & Luke Mikkelsen OF' DAY OP VARIANCE: 6:30 pm tom 11 ••C0'' ^^ ±�tCAL LOCATION OF VARIANCE: 1319 Jer Lane Waterloo IA ,50701 ANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: Adjacent .r PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLI GEOGRAPHICAL LOCATION. AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDIIA A BAND PLAYING, PA SYSTEM. El'C. a yiedding reception that will include music via DJ (Ultimate Entertainment)_ Variance,, #s 6iio pm to Midnight. DJ will be located at 1319 Jersey Lane, Waterloo IA 50701 which i hbt rhood in the GUERNSEYS ORANGE VIEW PLAT; Parcel ID is 8813-11-379-012, e adjacent. • Applicant's Signature t,.1, t't Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-467 RESOLUTION GRANTING REQUEST OF KELSIE KIDDER FOR A VARIANCE TO ORDINANCE NO. 3094, NOISE ORDINANCE. WHEREAS, Kelsie Kidder is requesting a variance to the Noise Ordinance on August 23, 2014 from 6:30 p.m. to 11:00 p.m., in conjunction with the Marriage of Cortney Barron and Luke Mikkelsen to be held at 1319 Jersey Lane, including a DJ and the use of a PA system, and WHEREAS, said event will exceed the limits of the Ordinance No. 3094, Noise Ordinance, and WHEREAS, said Kelsie Kidder has made formal application for a variance effective August 23, 2014 from 6:30 p.m. to 11:00 p.m., together with recommendation and approval of the Director of Safety Services. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of Kelsie Kidder for a variance to Ordinance No. 3094, Noise Ordinance, on August 23, 2014 from 6:30 p.m. to 11:00 p.m., in conjunction with the Marriage of Cortney Barron and Luke Mikkelsen to be held at 1319 Jersey Lane, including a DJ and the use of a PA system, be and the same hereby granted. PASSED AND ADOPTED this 16th day •f June, 2014. ATTEST: SuzySchiares, CMC City Clerk nest G.Clark, Mayor CITY OF WATERLOO Council Communication City Council Meeting: June 16, 2014 Prepared: June 11, 2014 Dept. Head Signature: Joe Leibold, Police Captain # of Attachments: Three SUBJECT: Main Street Waterloo 13t Annual BBQ'Loo and Blues Too Festival Submitted by: Joe Leibold Captain (Waterloo Police) Recommended City Council Action: Approve the following: Utilize Lincoln Park for the event from Noon on Wednesday, July 16th until Midnight Saturday July 19t. To allow for set up and tear down. Close the following streets at 6 AM on Friday, July 18th until midnight on Sunday, July 19`''. 400 Blk of E. 4th Street 500 Blk of Mulberry 400 Blk of Park Ave Bagging meters on Thursday, July 17`h at 5 PM. Utilize City Barricades at intersections of Park and Mulberry, Park and Franklin, 4th and Franklin and 4`i' and Mulberry. All intersections will remain open for traffic outside of the above listed blocks. Approve noise variance for Friday July 18th and Saturday, July 19t for live music in Lincoln Park. Summary Statement: Main Street Waterloo is holding its annual BBQLoo and Blues Festival on July 18th and 19th in Lincoln Park. This event includes BBQ Competitions, and live music. Expenditure Required: Labor costs associated with providing barricades along with fuel costs associated with the listed operations. Source of Funds: General Policy Issue: N/A Alternative: Background Information: APPLICANT'S NAME: APPLICATION FOR VARIANCE TO NOISE ORDINANCE i (-AD-( is rYrc6 v) &i rer 14 APPLICANTS ADDRESS: I C 7 �h ` * «-b d Qo, So 793 APPLICANT'S PHONE #: 3) 9 L-10 (- "Z 3 D'a -- ES -36 ANTICIPATED DATE OF VARIANCE: ,--1*LA-L, I NAME OF EVENT: BCI 1�®* 13 11.. e r TSo TIMES OF DAY OF VARIANCE: ‘,14.4(S - : 3 l7 -c4: 3 O fr- 1 °t --- 9 3 Pr)1 GEOGRAPHICAL LOCATION OF VACE: L I y -C O 1 rl ?Qr. IC o rN B 4(.h 4 x' Y vU Ler-cy DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: [ b 1OC�C- PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE, SUCH AS A BAND PLAYING, PA SYSTEM, ETC. t fie I.o)1 I ...Lrz- bo r'd-s P la j& � js +ern c)f-- c_coc,„o Ci \ �� Applicant' gnature SA///V Date CITY COUNCIL ACTION: Police Dept. Recommendtfit APPROVAL: APPROVAL: DENIAL: DENIAL: DECIBEL LEVEL: ? ((V&A- To: City of Waterloo Attention: Mayor Buck Clark & City Council From: Cindy Wells/Main Street Waterloo Date: May 21, 2014 Re: BBQ'Loo & Blues Too, July 18 & 19, 2014 Main Street Waterloo will be sponsoring our 13th annual BBQ'Loo & Blues Too, on Friday, July 18 from 5:30-9:30PM and Saturday, July 19 from Noon-9:30PM for the public and for the Sanctioned BBQ competition. Our participants will range from the novice backyard barbecue...to seasoned barbecue contestants from across the Midwest. There will be official and public judging. BBQ'Loo & Blues Too is certified & sanctioned by the Kansas City Barbeque Society (KCBS). Besides tasting delicious barbeque and mouthwatering chili, we will also be featuring 3 live bands, food vendors, a beer garden, a rib eating contest, a Kid Q contest, and numerous family activities. The activities will be held in Lincoln Park. Four locations will be needed for the event from July 16-19 for various hours: 1. Lincoln Park — from noon on Wednesday, July 16 until midnight on Saturday, July 19 2. 4th St. from Franklin to Mulberry Streets -- from 6AM on Friday, July 18 till midnight on Saturday, July 19 3. Mulberry Street from 4th St. to Park Ave - from 6AM on Friday, July 18 till midnight on Saturday, July 19 4. Park Ave from Franklin to Mulberry Street - from 6AM on Friday, July 18 till midnight on Saturday, July 19 5. All the intersections will remain open at all times Beer Trailer A Beer Garden will be located in Lincoln Park with 1 serving trailer. Main Street Waterloo will be sponsoring the beer trailer. The proper permits and insurance have been secured. Electricity will be needed to power the beer trailer. Vendors/Team Contestants There will be 42-50 contestants and food vendors on 4th Street, Mulberry St., Park Ave, and in the Park. Electricity & water will be needed in all those areas. Entertainment Live blues music will include: On Friday from 5:30-9:30PM — Rock Island Rollers On Saturday from 1-5:OOPM — Bob Dorr & The Blue Band On Saturday from 6:00-9:30PM -- W.C. Clark Expanded family activities will be located in Lincoln Park on the Franklin Street side of the Park. Electricity will be needed. We will need cooperation from the following city departments: Parks Department Use of Lincoln Park. Setup will begin on Wednesday, July 16 and will be completed on Saturday, July 19. Tear down will be immediately following the event. Assist in getting 2 gators delivered to the Park from Waterloo Implement. Street Department Use of barricades and meter bags. We will need to shut down the following streets from 6AM on Friday (7-18) until apx. Midnight on Saturday (7-19) - 4th St from Mulberry to Franklin - Mulberry from 4th St. to Park - Park Ave from Mulberry to Franklin The intersections will remain open but need barricades: • On 4th St. at the Franklin & Mulberry intersections • On Mulberry St. at the E. 4th & Park intersections • On Park Ave at the Franklin & Mulberry intersections We will need to bag the parking meters on Thursday, July 17 after 5PM to help with barricading and setup. Electrical Department We request the use of electrical boxes at each location. We will need them in operation by 7AM on Friday, July 18 and need them until Saturday, July 19 at 10:30PM. Specific electrical needs from the bands, food vendors, and beer vendors will be forthcoming. Police Dept We would appreciate extra officers on bikes, gaters, horses, etc. within the event area for added security during the public event hours. We will employ an off-duty officer to patrol the Park from 10:30PM on Friday, July 18 until 6AM on Saturday, July 19 . The majority of cooks will stay overnight in their vehicles to tend their cooking grills and we are required to have on site security for the duration of the event, per KCBS rules. Fire Dept We would like fire truck tours on site during the children's activities on Friday evening and Saturday afternoon, if possible. We will notify 911 if there is a first aid emergency. We would also like to store the 2 borrowed gators at Station 1 on Saturday, July 19. We will drop them off by midnight and the Park Dept will pick them up and return them to their owners on Monday, July 21. I am also attaching the Noise Variance form and event area map. In the event that we have not furnished the proper information on this request, or if you have concerns about one or more of our requests, please feel free to contact Cindy Wells at: (w) 236-8546 (c) 404-7308 Main Street Waterloo appreciates all of your cooperation and help with this event. The Mayor, City Officials, and Department Heads within the City of Waterloo have always been wonderful to our organization and we appreciate all of your help in making the 2014 BBQ'Loo & Blues Too a success. I look forward to hearing from you. Elks Lodge n goffE i . g s D Park Avenue 4etuls ivagjnW 4th Street Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-468 RESOLUTION GRANTING REQUEST OF MAIN STREET WATERLOO FOR VARIANCE TO ORDINANCE NO. 3094, NOISE ORDINANCE. WHEREAS, Main Street Waterloo is requesting a variance to the Noise Ordinance on July 18, 2014 from 5:30 p.m. to 9:30 p.m. and July 19, 2014 from 12:00 noon to 9:30 p.m., in conjunction with BBQ'Loo & Blues Too event to be held at Lincoln Park, including a band/DJ and the use of a PA system, and WHEREAS, said event will exceed the limits of Ordinance No. 3094, Noise Ordinance, and WHEREAS, said Main Street Waterloo has made formal application for a variance to the Noise Ordinance on July 18, 2014 from 5:30 p.m. to 9:30 p.m. and July 19, 2014 from 12:00 noon to 9:30 p.m., together with recommendation and approval of the Director of Safety Services. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of Main Street Waterloo for a variance to the Noise Ordinance on July 18, 2014 from 5:30 p.m. to 9:30 p.m. and July 19, 2014 from 12:00 noon to 9:30 p.m., in conjunction with BBQ'Loo & Blues Too event to be held at Lincoln Park, including a band/DJ and the use of a PA system, be and the same hereby granted. PASSED AND ADOPTED this 16th day of June, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Sch_res, CMC City Clerk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-469 RESOLUTION APPROVING REQUEST OF MAIN STREET WATERLOO TO HOLD 13TH ANNUAL BBQ'LOO & BLUES TOO EVENT ON JULY 18-19, 2014 IN LINCOLN PARK, INCLUDING STREET CLOSURES AND BARRICADES FROM 6:00 A.M. ON JULY 18TH TO 12:00 MIDNIGHT ON JULY 19TH FOR THE 400 BLOCK OF EAST FOURTH STREET, 500 BLOCK OF MULBERRY STREET AND 400 BLOCK OF EAST PARK AVENUE. WHEREAS, Main Street Waterloo has requested to hold BBQ'Loo & Blues Too event on July 18-19, 2014 in Lincoln Park, including street closures and barricades from 6:00 a.m. on July 18th to 12:00 midnight on July 19th for the 400 block of East Fourth Street, 500 block of Mulberry Street and 400 block of East Park Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of Main Street Waterloo to hold BBQ'Loo & Blues Too event on July 18-19, 2014 in Lincoln Park, including street closures and barricades from 6:00 a.m. on July 18th to 12:00 midnight on July 19th for the 400 block of East Fourth Street, 500 block of Mulberry Street and 400 block of East Park Avenue, be and the same is hereby approved. PASSED AND ADOPTED this 16th day of June, 2014. .„-Guge-,fr‘ /7° 44:/: Ernest G. Clark, Mayor ATTEST: uzy Sch res, CMC City Cle k CITY OF WATERLOO Council Communication City Council Meeting: June 16, 2014 Prepared: June 10, 2014 Dept. Head Signature: Dennis Clark # of Attachments: 4 SUBJECT: Request to certify assessment of work performed by the Waterloo Water Works at 4 locations (Consent agenda item) Submitted by: Dennis Clark, General Manager of Waterloo Water Works Recommended City Council Action: Adopt a resolution approving communication from the General Manager of the Waterloo Water Works transmitting request to certify repair amounts for work performed by the Waterloo Water Works. Address Amount to certify 522 Beech Street $4,785.00 215 East Pt Street $1,711.51 616 Logan Avenue $2,450.00 1424 Bertch Avenue $3,200.00 Summary Statement: The Board of Trustees of the Waterloo Water Works adopted a resolution at their Board meeting, instructing the General Manager to forward the request to certify to the City Council of Waterloo, Iowa. The repairs were made to the private service lines of customers of the Waterloo Water Works. Expenditure Required: No City funds are required for this action. The Water Works paid for the repairs to the above referenced private service lines, and recovers the cost of the repairs through this assessment process. Source of Funds: Waterloo Water Works operating funds, generated from water sales. Policy Issue: Alternative: Background Information: WATER. i i R \A,0 DENNgS G. CLARK, P.E. 325 SYCAMORE STREETP.O. FOX 27 -_e<<erai tanager WATERLOO, VOWA 50704 June 10, 2014 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: 19-23 6a>o FAX: 319-.23,; 1962 TRUSTEES; TERRY M, KUNTZ, C' MARY H. POTTER,e SCOTT WtENAND5 The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, March 19, 2014. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $4,785.00, which is supported by invoice from Black Hawk Plumbing Co., showing the work necessary to repair the service line in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the service line at 522 Beech Street, which is located on Lot No. One (1) in "Shilliam's 2nd Subdivision", in Waterloo, Iowa, and the West One-half (W 1/2) of Lot No. Two (2), Black Hawk County, and owned by James L. Esters (deceased) and Patrick Esters. WHEREAS, the property owner notified the Waterloo Water Works that the owner desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owner, the owner voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Page 2 it was moved by Kuntz, seconded by Potter, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Potter. Nays: None. Absent: Wienands. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Dennis D. Clark, P.E. General Manager DDC/cm Enclosure DENNIS 0. CLARK, P.E. General Manager WATER L OO WATER WOR? 325 SYCAMORE STREET RO, BOX 27 319-232-5230 'WATERLOO, IOWA 50704 FA:: 319-232-1962 June 10, 2014 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: TRUSTEES: TERRY M. KUNTZ, Chair MARY H. POTTER; Vice -Chair SCOTT LVtENANDS The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, May 28, 2014. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $1,711.51, which is supported by invoice from Bergen Plumbing, Heating and Cooling, Inc., showing the work necessary to repair the service line in regards to the following: WHEREAS, the owners were notified by the Waterloo Water Works to make the repairs to the service line at 215 East 1st Street, which is located on the Southwesterly 50 feet of Lot No. 5 in Block No. 9 in the Original Plat on the East side of the Cedar River in the City of Waterloo, Black Hawk County, Iowa, and owned by Achilles Parigoras and Keithlyn Parigoras, n/k/a Keithlyn Pettit. WHEREAS, the property owners notified the Waterloo Water Works that the owners desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owners, the owners voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Page 2 It was moved by Kuntz, seconded by Potter, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Potter, Wienands. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Dennis D. Clark, P.E. General Manager DDC/cm Enclosure NAT 0 WA EWORKS DEt4NiS D. CLARK, P.F. General ManaQe.r June 10, 2014 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: 315 -2332-6:80 FAX: 319-232-1962 TRUSTEES: TERRY M. KUNTZ. Chair MARY hi. POTTER, Vice -Chair SCOTT W ENANDS The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, May 28, 2014. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $2,450.00, which is supported by invoice from All Star Plumbing and Heating, showing the work necessary to repair the service line in regards to the following: WHEREAS, the owners were notified by the Waterloo Water Works to make the repairs to the service line at 616 Logan Avenue, which is located on the South (S) 40 feet of the North (N) 80 feet of Lot Seven (7) in Block 7, and the North (N) 80 feet of Lot Six (6), Block Seven (7), except the West (W) 25 feet of the North (N) 40 feet of said Lot Six (6), Railroad Addition to Waterloo, Iowa, a/k/a Parcel #8913-24-151-002, Black Hawk County, and owned by Leroy F. Rhoden and Linda Anderson as Contract Purchasers, and Adair Holdings, L.L.C. as Deed Holder. WHEREAS, the property owners notified the Waterloo Water Works that the owners desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owners, the owners voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. Page 2 NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. It was moved by Kuntz, seconded by Potter, resolution and instruct the General Manager to certify this the City Clerk. On Vote: Ayes: Kuntz, Potter, Wienands. None. Absent: None. Resolution adopted. After this is certified through your office, please send us a certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Dennis D. Clark, P.E. General Manager DDC/cm Enclosure to adopt the resolution to Nays: copy of the DENNIS D. CLARK, P.E. General Manager WATERLOO \LOO , O 325 SYCAMORE ST'c";E CO. EOX 27 WATERLOO, IOWA 50704 June 10, 2014 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: .-39-232,6250 E .. 319-232-1962 TRUSTEES: TERRY M. KUNSZ, Chaff- MARY H. POTTER, Vice Chair SCOTT WEENANDS The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, May 28, 2014. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $3,200.00, which is supported by invoice from R Company, d/b/a Frickson Backhoe & Trucking, showing the work necessary to repair the service line in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the service line at 1424 Bertch Avenue, which is located on Lot No. Two Hundred Nineteen (219) in Kenwood Park in the City of Waterloo, Black Hawk County, Iowa, and owned by Monica Jazmin Reyes Rodriguez. WHEREAS, the property owner notified the Waterloo Water Works that the owner desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owner, the owner voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Page 2 It was moved by Kuntz, seconded by Potter, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Potter, Wienands. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Dennis D. Clark, P.E. General Manager DDC/cm Enclosure Prepared by DeAnne Kobliska, Administrative Secretary, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, 319-291-4323. RESOLUTION NO. 2014-470 RESOLUTION MAKING ASSESSMENT FOR WORK PERFORMED BY THE WATER WORKS. WHEREAS, the Board of Water Works Trustees of the City of Waterloo, Iowa, did, as provided by law, notify by written notice the property owner of the premises described below to have the repairs completed and further damage prevented, and WHEREAS, the property owner failed to comply with the order of the Board of Water Works Trustees, as by law provided, and WHEREAS, the Board of Water Works Trustees proceeded to have the work done on the premises described below, in the City of Waterloo, Iowa, to comply with Ordinance No. 1118 of the City of Waterloo, Iowa, and WHEREAS, the Board of Water Works Trustees filed with the City Clerk on the 10th day of June, 2014, a report filing claim for the repairs and preventing further damage at the below described premises and same met all the requirements of the City ordinance and have been fully completed. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the said report of the Board of Water Works Trustees be, and the same is hereby, approved; that the work was done under and by virtue hereby, accepted, and that the cost of said work is hereby determined to be as follows, which amount can be assessed over a ten-year period against the property: Patrick Esters, Owner 522 Beech Street, Waterloo, Iowa Legal Description: Lot No. One (1) in "Shilliam's 2nd Subdivision", in Waterloo, Iowa, and the West One-half (W ) of Lot No. Two (2), all in the City of Waterloo, Black Hawk County, Iowa; Unpaid Assessment: $4,785.00 Achilles Parigoras and Keithlyn Parigoras, nka Keithlyn Pettit, Owner 215 East 1st Street, Waterloo, Iowa Legal Description: Southwesterly 50 feet of Lot No. 5 in Block No. 9 in the Ori9ginal Plat on the East side of the Cedar River all in the City of Waterloo, Black Hawk County, Iowa; Unpaid Assessment: $1,711.51 Monica Jazmin Reyes Rodriguez, Owner 1424 Bertch Avenue, Waterloo, Iowa Legal Description: Lot No. Two Hundred Nineteen (210) in Kenwood Park all in the City of Waterloo, Black Hawk County, Iowa; Resolution No. 2014-470 Page 2 Unpaid Assessment: $3,200.00 BE IT FURTHER RESOLVED that there be, and are hereby assessed and levied a special tax and assessment against the property improved in the City of Waterloo, Iowa, said assessment shall bear interest from the date of levy of the assessment, viz: June 16, 2014, at the rate of nine (9) percent per annum until paid on all the unpaid amount of this assessment certified to the County Treasurer of Black Hawk County, Iowa, and BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby instructed to notify the above described property owners of said property, accordingly and also instructed to certify said assessment to the County Treasurer of Black Hawk County, Iowa, to be entered upon the tax list to be collected as other taxes, as provided by law, and when collected to be credited to the Water Works Fund of said City, and assessment to be made over a ten- year period. PASSED AND ADOPTED this 16th dad of June, 2014. ATTEST: <2)Lj(kj,_r_ Suzy Scha es, CMC City Clerk Ernest G. Clark, Mayor CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: June 16, 2014 June 10, 2014 6,%z 1 SUBJECT: Approval of use of Tax Increment Funds for development in the MidPort Tax Increment Financing District Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that Council approve a resolution authorizing the use of MidPort Tax Increment Financing funds for the development of property generally located as a portion of South Port Second Addition south of Cedar Valley Warehouse, Inc. I. in an amount not to exceed $285,000. Summary Statement: Expenditure Required: Not to exceed $285,000 Source of Funds: Tax Increment in MidPort Urban Renewal Area Policy Issue: N/A Alternative: The City could use general obligation bonds for the development. Background Information: These funds were used to make an economic development grant to Cedar Valley Warehouse, Inc. for a second warehouse. CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-471 RESOLUTION AUTHORIZING THE USE OF TAX INCREMENT FUNDS FOR DEVELOPMENT IN THE MIDPORT TAX INCREMENT FINANCING DISTRICT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the use of MidPort Tax Increment Financing funds for the development of property generally located as a portion of South Port Second Addition south of Cedar Valley Warehouse, Inc., in an amount not to exceed $285,000.00, be and the same is hereby approved. PASSED AND ADOPTED this 16th day of June, 2014. ATTEST: gam Suzy Scares, CMC City Clerk Si'(' est G. Clark, Mayor CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: SUBJECT: Submitted by: June 16, 2014 June 10, 2014 1 Approval of use of Tax Increment Funds for development in the Mid Port Tax Increment Financing District Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that Council approve a resolution authorizing the use of MidPort Tax Increment Financing funds for the development of property generally located as a portion of South Port Second Addition in an amount not to exceed $85,000. Summary Statement: Expenditure Required: Not to exceed $85,000 Source of Funds: Tax Increment in MidPort Urban Renewal Area Policy Issue: N/A Alternative: The City could use general obligation bonds for the development. Background Information: These funds were used to make an economic development grant to MMC Properties, LLC to purchase land for the construction of a building. CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-472 RESOLUTION AUTHORIZING THE USE OF TAX INCREMENT FUNDS FOR DEVELOPMENT IN THE MIDPORT TAX INCREMENT FINANCING DISTRICT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the use of MidPort Tax Increment Financing funds for the development of property generally located as a portion of South Port Second Addition, in an amount not to exceed $85,000.00, be and the same is hereby approved. PASSED AND ADOPTED this 16th day of June, 2014. ATTEST: 7 Ernest G. Clark,"Mayor Suzy Scha City Cler es, CMC CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: June 16, 2014 June 10, 2014 1 SUBJECT: Approval of use of Tax Increment Funds for development in the MidPort Tax Increment Financing District Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that Council approve a resolution authorizing the use of MidPort Tax Increment Financing funds to obtain a release of property from the FAA for the development of property generally located at the northwest corner of Airline Highway and Wagner Road in an amount not to exceed $240,000. Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Not to exceed $240,000 Tax Increment in MidPort Urban Renewal Area N/A The City could use general obligation bonds for the development. Background Information: These funds will be used to obtain a release of property from the airport grounds to be used for economic development purposes. CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-473 RESOLUTION AUTHORIZING THE USE OF TAX INCREMENT FUNDS FOR DEVELOPMENT IN THE MIDPORT TAX INCREMENT FINANCING DISTRICT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the use of MidPort Tax Increment Financing funds to obtain a release of property from the FAA for the development of property generally located at the northwest corner of Airline Highway and Wagner Road, in an amount not to exceed $240,000.00, be and the same is hereby approved. PASSED AND ADOPTED this 16th day of June, 2014. ATTEST: Suzy Sch res, CMC City Cle /ydic rnest G. Clark, Mayor CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 Council Communication City Council Meeting: June 16, 2014 Prepared: June 10, 2014 \ Dept. Head Signature: Number of Attachments: 1 SUBJECT: Submitted by: Approval of use of Tax Increment Funds for development in the MidPort Tax Increment Financing District Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that Council approve a resolution authorizing the use of MidPort Tax Increment Financing funds for grant -writing services for 2 state RISE grants for the construction of segments of Geraldine Road (Phase III) and MidPort Boulevard (Phase II) in an amount not to exceed $4,000. Summary Statement: Expenditure Required: Not to exceed $4,000 Source of Funds: Tax Increment in MidPort Urban Renewal Area Policy Issue: N/A Alternative: The City could use general obligation bonds for the development. Background Information: These funds were used for grant -writing services provided by INRCOG for state RISE grants for a segment of Geraldine Road (Phase III) and Mid Port Boulevard (Phase II). CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-474 RESOLUTION AUTHORIZING THE USE OF TAX INCREMENT FUNDS FOR DEVELOPMENT IN THE MIDPORT TAX INCREMENT FINANCING DISTRICT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the use of MidPort Tax Increment Financing funds for grant writing services for 2 state RISE grants for the construction of segments of Geraldine Road (Phase III) and MidPort Boulevard (Phase II), in an amount not to exceed $4,000.00, be and the same is hereby approved. PASSED AND ADOPTED this 16th day of June, 2014. Ernest G. Clark, Mayor ATTEST: uzy Sch. es, CMC City Cler CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 Council Communication City Council Meeting: Prepared: Dept. Head Signature: June 16, 2014 June 10, 2014 Number of Attachments: None SUBJECT: Approval of use of Tax Increment Funds for development in the MidPort Tax Increment Financing District Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that the City Council adopt a resolution approving the use of Midport Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $28,500 for the year ended June 30, 2014 to finance the contract with the Greater Cedar Valley Alliance. Summary Statement: See below. Expenditure Required: None Source of Funds: N/A Policy Issue: None Alternative: Background Information: As you are aware, the City has contracted with the Greater Cedar Valley Alliance to provide services to businesses located in the Midport Urban Renewal Area. Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the General Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution has been drafted by our bonding attorney for that purpose. CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-475 RESOLUTION AUTHORIZING THE USE OF TAX INCREMENT FUNDS FOR DEVELOPMENT IN THE MIDPORT TAX INCREMENT FINANCING DISTRICT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the use of MidPort Urban Renewal Area Tax Increment Financing funds for the year ended June 30, 2014 to finance the contract with the Greater Cedar Valley Alliance, in an amount not to exceed $28,500.00, be and the same is hereby approved. PASSED AND ADOPTED this 16th day of June, 2014. nest G. ATTEST: Suzy Scha es, CMC City Cler larka or Y CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 Council Communication City Council Meeting: June 16, 2014 Prepared: June 10, 2014 Dept. Head Signature: Number of Attachments: None SUBJECT: Approval of use of Tax Increment Funds for development in the Northeast Site Tax Increment Financing District Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that the City Council adopt a resolution approving the use of Northeast Industrial Site Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $28,500 for the year ended June 30, 2014 to finance the contract with the Greater Cedar Valley Alliance. Summary Statement: See below. Expenditure Required: None Source of Funds: N/A Policy Issue: None Alternative: Background Information: As you are aware, the City has contracted with the Greater Cedar Valley Alliance to provide services to businesses located in the Northeast Industrial Site Urban Renewal Area. Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the General Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution has been drafted by our bonding attorney for that purpose. CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-476 RESOLUTION AUTHORIZING THE USE OF TAX INCREMENT FUNDS FOR DEVELOPMENT IN THE NORTHEAST SITE TAX INCREMENT FINANCING DISTRICT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the use of Northeast Industrial Site Urban Renewal Area Tax Increment Financing funds for the year ended June 30, 2014 to finance the contract with the Greater Cedar Valley Alliance, in an amount not to exceed $28,500.00, be and the same is hereby approved. PASSED AND ADOPTED this 16th day of June, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Scha City Cler es, CMC CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 Council Communication City Council Meeting: June 16, 2014 Prepared: June 10, 2014 Dept. Head Signature: Number of Attachments: None SUBJECT: Approval of use of Tax Increment Funds for development in the San Marnan Tax Increment Financing District Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that the City Council adopt a resolution approving the use of San Marnan Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $28,500 for the year ended June 30, 2014 to finance the contract with the Greater Cedar Valley Alliance. Summary Statement: See below. Expenditure Required: None Source of Funds: N/A Policy Issue: None Alternative: Background Information: As you are aware, the City has contracted with the Greater Cedar Valley Alliance to provide services to businesses located in the San Marnan Urban Renewal Area. Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the General Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution has been drafted by our bonding attorney for that purpose. CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-477 RESOLUTION AUTHORIZING THE USE OF TAX INCREMENT FUNDS FOR DEVELOPMENT IN THE SAN MARNAN TAX INCREMENT FINANCING DISTRICT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the use of San Marnan Urban Renewal Area Tax Increment Financing funds for the year ended June 30, 2014 to finance the contract with the Greater Cedar Valley Alliance, in an amount not to exceed $28,500.00, be and the same is hereby approved. PASSED AND ADOPTED this 16th day of June, 2014. ATTEST: Ernest G. Clark, Mayor Suzy Sc ares, CMC City Clerk CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: June 16, 2014 June 10, 2014 1 SUBJECT: Approval of use of Tax Increment Funds for development in the San Marnan Tax Increment Financing District Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning is requesting that a resolution authorizing the use of San Marnan Tax Increment Financing funds for the acquisition of property generally located in the San Marnan TIF District be approved in an amount not to exceed $875,000. Summary Statement: Expenditure Required: Source of Funds: Not to exceed $875,000 Tax Increment in San Marnan Urban Renewal Area Policy Issue: N/A Alternative: Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bonding attorney for that purpose. CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-478 RESOLUTION AUTHORIZING THE USE OF TAX INCREMENT FUNDS FOR DEVELOPMENT IN THE SAN MARNAN TAX INCREMENT FINANCING DISTRICT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the use of San Marnan Tax Increment Financing funds for the acquisition of property generally located in the San Marnan TIF District, in an amount not to exceed $875,000.00, be and the same is hereby approved. PASSED AND ADOPTED this 16th day of June, 2014. Ernest G. Clar ATTEST: Suzy Scha - , CMC City Cler , Mayor CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 Council Communication City Council Meeting: June 16, 2014 Prepared: June 10, 2014 Dept. Head Signature: 6c.i&t„a241-ezt-- Number of Attachments: None SUBJECT: Approval of use of Tax Increment Funds for development in the Downtown Urban Renewal Area Tax Increment Financing District Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Action: I recommend that the City Council adopt a resolution approving the use of Downtown Urban Renewal Area Tax Increment Financing funds in the amount of $40,000 for the year ended June 30, 2014 for the contract with Main Street. Summary Statement: See below. Expenditure Required: None Source of Funds: N/A Policy Issue: None Alternative: Background Information: As you are aware, the City has contracted with Main Street to provide services to businesses located in the Downtown Urban Renewal Area. Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the General Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution has been drafted by our bonding attorney for that purpose. I recommend that you approve this funding mechanism for paying contract expenses using Downtown Urban Renewal Area TIF funds for the fiscal year ending June 30, 2014. CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-479 RESOLUTION AUTHORIZING THE USE OF TAX INCREMENT FUNDS FOR DEVELOPMENT IN THE DOWNTOWN URBAN RENEWAL AREA TAX INCREMENT FINANCING DISTRICT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the use of Downtown Urban Renewal Area Tax Increment Financing funds for the year ended June 30, 2014 for the contract with Main Street, in the amount of $40,000.00, be and the same is hereby approved. PASSED AND ADOPTED this 16th day of June, 2014. ATTEST: Su Scha4es, City Cler nest G. Clark, Mayor CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: June 16, 2014 June 10, 2014 1 SUBJECT: Approval of use of Tax Increment Funds for development in the Logan Tax Increment Financing District Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning is requesting that a resolution authorizing the use of Logan Tax Increment Financing funds for the redevelopment of the site of a dilapidated, vacant structure for retail use in an amount not to exceed $35,000 be approved. Summary Statement: Expenditure Required: Not to exceed $35,000 Source of Funds: Tax Increment in the Logan Urban Renewal Tax Increment Financing District Policy Issue: N/A Alternative: None Background Information: These funds were used to make an economic development grant to N&S Properties, LLC to redevelop the site of a dilapidated, vacant structure into a new retail building. CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-480 RESOLUTION AUTHORIZING THE USE OF TAX INCREMENT FUNDS FOR DEVELOPMENT IN THE LOGAN TAX INCREMENT FINANCING DISTRICT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the use of Logan Tax Increment Financing funds for the redevelopment of the site of a dilapidated, vacant structure for retail use, in an amount not to exceed $35,000.00, be and the same is hereby approved. PASSED AND ADOPTED this 16th day of June, 2014. Er est G. Clark, ayor ATTEST: Suzy Sch res, CMC City Cler CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: June 16, 2014 June 10, 2014 1 SUBJECT: Approval of use of Tax Increment Funds for development in the Logan Tax Increment Financing District Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning is requesting that a resolution authorizing the use of Logan Tax Increment Financing funds to be used for the redevelopment of a parking lot into a site for retail use in an amount not to exceed $50,000 be approved. Summary Statement: Expenditure Required: Not to exceed $50,000 Source of Funds: Tax Increment in the Logan Urban Renewal Tax Increment Financing District Policy Issue: Alternative: Background Information: lot into a site for retail use. N/A None These funds will be used to redevelop a parking CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-481 RESOLUTION AUTHORIZING THE USE OF TAX INCREMENT FUNDS FOR DEVELOPMENT IN THE LOGAN TAX INCREMENT FINANCING DISTRICT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the use of Logan Tax Increment Financing funds for the redevelopment of a parking lot into a site for retail use, in an amount not to exceed $50,000.00, be and the same is hereby approved. PASSED AND ADOPTED this 16th day of June, 2014. ATTEST: uzy Schar City Clerk s, CMC Ernest G. Clark, Mayor CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: June 16, 2014 Jun 10, 2014 1 SUBJECT: Approval of use of Tax Increment Funds for development in the Logan Tax Increment Financing District Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning is requesting that a resolution authorizing the use of Logan Tax Increment Financing funds for the redevelopment of a site for retail and mixed use buildings in an amount not to exceed $360,000 be approved. Summary Statement: Expenditure Required: Not to exceed $360,000 Source of Funds: Tax Increment in the Logan Urban Renewal Tax Increment Financing District Policy Issue: N/A Alternative: None Background Information: These funds will used to aid in the redevelopment of the KWWL building and surrounding sites. CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-482 RESOLUTION AUTHORIZING THE USE OF TAX INCREMENT FUNDS FOR DEVELOPMENT IN THE LOGAN TAX INCREMENT FINANCING DISTRICT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the use of Logan Tax Increment Financing funds for the redevelopment of a site for retail and mixed use buildings, in an amount not to exceed $360,000.00, be and the same is hereby approved. PASSED AND ADOPTED this 16th day of June, 2014. ‘,,,e Ernest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Cle k CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: June 16, 2014 June 10, 2014 1 SUBJECT: Approval of use of Tax Increment Funds for development in the Logan Tax Increment Financing District Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning is requesting that a resolution authorizing the use of Logan Tax Increment Financing funds to be used for the redevelopment of a site for retail use in an amount not to exceed $125,000 be approved. Summary Statement: Expenditure Required: Source of Funds: Not to exceed $125,000 Tax Increment in the Logan Urban Renewal Tax Increment Financing District Policy Issue: N/A Alternative: None Background Information: These funds will be used to redevelop an older housing unit for a future retail building. CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-483 RESOLUTION AUTHORIZING THE USE OF TAX INCREMENT FUNDS FOR DEVELOPMENT IN THE LOGAN TAX INCREMENT FINANCING DISTRICT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the use of Logan Tax Increment Financing funds for the redevelopment of a site for retail use, in an amount not to exceed $125,000.00, be and the same is hereby approved. PASSED AND ADOPTED this 16th dayf June, 2014. Ernest G. Clark, Mayor ATTEST: zy Sc res, CMC City Cle k TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY _2015 BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY 010-11-1100-1346 M-0410 3o) 2/i>w 6 W-.A4V01 Copy - Department NAME(S) AND POSITION(S): Sergeant Brian Hoelscher & Officer Shawn Bram DATE: June 3, 2014 NAME OF CLASS / MEETING: Hazardous Device School DESTINATION: Huntsville, Alabama DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: July 20, 2014 Return Date: July 26, 2014 DATE(S) OF MEETING: July 21-25,2014 PURPOSE OF TRAVEL: Lt Cirksena is requesting authorization to send Sergeant Hoelscher & Officer Shawn Bram to the Hazardous Device School at the Hazardous Device School Facility on July 21-25, 2014 in Huntsville, Alabama. Both Sergeant Hoelscher and Officer Bram are certified Hazardous Device (Bomb) Technician for the Waterloo Police Department. This 5 -Day school is a mandatory re -certification school for Officers who are certified to dismantle hazardous devices. The FBI will pay for flight & lodging directly and will reimburse the Officers directly for their meals. The only cost to the city will be for a rental car while the Officers are in Alabama. Officer Bram had previously been approved to attend this course in May of 2014 but it was cancelled due to travel related weather problems and rescheduled to this class. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: $0.00 LODGING $ 250.00 $0.00 MEALS $0.00 REGISTRATION $50.00 MILEAGE/FUEL TOTAL FOR ALL: $ 300.00 Rental car PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 300.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF TER 00 I APPROVE THIS TRAVEL REQUEST DEPAR1'IO T HEAD MAYOR DATE DATE TRAVEL REQUEST CITY OF WATERLOO NAME(S) AND POSITION(S): Officer Edward Savage FINANCE DEPT. LINE ITEM USED FY _2015_ BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY 010-11-1100-1346 _36 oc70 ��- - L' SSC,"i Copy - Department NAME OF CLASS / MEETING: 2014 International Gang Specialist Conference DEPARTURE DATE: August 11,2014 DATE: June 4, 2014 DESTINATION: Chicago, Illinois DEPARTURE POINT IF NOT WATERLOO: Return Date: August 13, 2014 DATE(S) OF MEETING: August 11-13,2014 PURPOSE OF TRAVEL: Lt Frana is requesting authorization to send Officer Edward Savage to the 2014 International Gang Specialist Conference at the Chicago Hotel Training Facility on August 11-13, 2014 in Chicago, Illinois. Officer Savage has been a member of the Violent Crime Apprehension Team and has been actively involved in a metro gang unit. This Conference will certify Officer Savage as a Gang expert and will be able to teach other Waterloo Police Officers in the area of Criminal Gangs and testify in court as an expert in his field. Officer Savage is not requesting any travel expenses as he will stay with relatives in the Chicago area. The only cost for this training will be registration for the class. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: $0.00 LODGING $0.00 MEALS $850.00 REGISTRATION $0.00 MILEAGE/FUEL TOTAL FOR ALL: $ 850.00 Rental car PARKING AIRFARE MISCITOLLS BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 850.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO I APPROVE THIS TRAVEL REQUEST M ` NT HEAD MAYOR -S71 19 -4-A- r (, Zo t'f DATE DATE CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES 3505 Easton Ave. • Waterloo, IA 50702 • (319) 291-4553 Fax (319) 291-4523 CITY OF WATERLOO Council Communication City Council Meeting: 6/16/2014 Prepared: 6/9/2014 Dept. Head Signature: 427 #1 # of Attachments: SUBJECT: Sewer Maintenance Workers Submitted by: Larry N. Smith, Superintendent WMS Recommended City Council Action: Requesting approval to appoint Michael Bearbower and John Holler to the positions of Sewer Maintenance Worker at the Waste Management Services Dept., pending their pre-employment physical exam. Start date for Michael Bearbower will be June 17, 2014 and start date for John Holler will be July 7, 2014. Summary Statement: Expenditure Required: Wages - $48,131.00 each - Benefits - $29,918.00 each Source of Funds: Sewer (520 fund) Policy Issue Alternative Background Information: CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO Council/Committee Communication Committee Meeting: Prepared: Dept. Head Signature: # of Attachments: () June 16, 2014 June 10, 2014 `--CL irk SUBJECT: Reappoint John Blitsch to Civil Service Commission. Submitted by: Mayor Buck Clark Recommended City Council Action: Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: Approval • Mr. Blitsch's 2nd term expired 4/1/14. For continuity on this 3 -member commission, Mayor requests that Mr. Blitsch's 2nd term be extended 1 year to 4/1/2015 at which time a new member will be appointed. CITY OF WATERLOO Committee Communication Committee Meeting: Prepared: Dept. Head Signature: # of Attachments: 1 June 16, 2014 May,, 30, 2014 �r� d L.C7/1,Lu SUBJECT: New appointment of Tenesha Diekman to the Human Rights Commission. Submitted by: Mayor Buck Clark Recommended City Council Action: Approval Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: Ms. Diekman's first full term will expire on 6/16/2017; replaces a vacancy left by Dustin Cox who elected not to serve a 2nd term. Date: CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION RECEIVED APR 3 0 2014 / /-0 m /)-(69947) (Name) 2-/A Home Phone: , request to be appointed to (state preference): Cell Phone: 319(559)-0579 Work Phone: Home Address 705 Zipcode 67 Employer / s , ./ ,/�� c U5/Title Employer Addre1 ��1�k, \eS f Zipcode /.S77 W/ ^ 0 How long have you resided in aterloo? "1, years List current membership in organizations and offices held: ( r1r> U1 CO 0')(Y) t P,( eco I4 ('c mint Il t h CS S, suit26(x/ 4 (7,01O) 1\)ec ' k 1 oll- cS sap On v� \)t (pl-e i/1e -F I am available for meetings: ❑ A.M. KP.M. ❑ Noon ❑ Evenings I am available to serve on a Board/Commission the entire year: `!3` Yes ❑ No (check below) ❑ Spring ❑ Summer ❑ Fall ❑ Winter ❑ All Seasons Briefly,explain your qualifications for appointment to a designated Board/Commission: ri th550N-1 2re tpail-10A (c`''(uIS�L�2� i��t4��►Y�(f JUt'_vr kreLf 2+rLi�'(Q�''1 - .r LQ ' tAcos - -e� Additional information and comments that may not be evident from information already on this form: References (include phone numbers): t2 ,�. 4-urche-44-4'-t l R)69,--1- iiso1' .q 3 che,r4 rtes ?T - S5-3 I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file for one calendar year from date above. 08/03/2010 aLC D(I.Q ikiY"\r,k21) Signature RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 FAX 291-4286; PHONE 291-4301. CITY OF WATERLOO Council Communication City Council Meeting: June 16, 2014 Prepared: June 9, 2014 Dept. Head Signature: Dennis Clark # of Attachments: 2 SUBJECT: Iowa Public Official Bonds for Board of Trustees Members Submitted by: Dennis Clark, General Manager of Waterloo Water Works Recommended City Council Action: Receive and place on file the Iowa Public Official Bonds for Trustees Mary Potter and Scott Wienands (Consent Agenda. Item) Summary Statement: The Board of Trustees of the Waterloo Water Works approved the Bonds at their regular Board meeting on May 28, 2014. Expenditure Required: No City funds are required for this action. The Water Works pays for the cost of the Bonds. Source of Funds: Waterloo Water Works operating funds, generated from water sales. Policy Issue: Alternative: Background Information: The original signed Bond forms are filed at the Waterloo City Clerk's Office with copies at the offices of the Waterloo Water Works. NtERCHAN BONDING COMPANY MOINES, IOWA (515) 243-8171 243-3854 (515) 2100 FLEUR DRIVE • DES FAX IOWA PUBLIC OFFICIAL BOND R. Scott Wienands licensed to do business in the KNOW ALL PERSONS BY THESE PRESENTS:a corporation duly That we, Mutual), a I and MERCHANTS BONDINGCOb and unto the State of Iowa in the sum of StateCity ($5 00 Bond No. IA 599398 s Principal, are held and firmly of Iowa, as Surety, of Waterloo 0.00 )DOLLARS, 00 hereby bind presents.A Five l Thousand Dollars a ment of which, well and truly to be made, r these lawful money of the United States, for the p Y ns, ointly and severally Y ON IS SUCH, That whereas, the above bounden Principa'n and for the ourselves, our heirs, executors, adminisAtTl ors, successors and assl9 Trustee THE CONDITION OFct THIS appointedOBto the office of and State of Iowa having been duly elected or of Waterloo 20w City April of A=, 2�and ending on 1�dayro proper authority, when for the term beginning on 17ths which re I payover to the officer or person entitled thereto all money he/she16 will render a true account of his/her office and of his/her doings therein to the for all balances of money promptly mayayico or byo law; that he/she will p come into his/her hands by virtue of his/her office; that he/she will promptly account hands at the termination of his/her office; that lhs /shheee ill exercise or otherreasonable property lediligenoe remaining in his/her other person authorized and care in the preservation and lawful disposal of all money, bo p oppression, appertainingvethe to same; said he/she andifaithfully eliver and impartially, without fearm to his/her successor or , favor, such bond shallppre be5i liable discharge a allredues same; and that law, and the securities on come into the hands of such officer at any time during his/her possession of ll all duties now or hereaftethatgmay °f his/her office by money oroffice, publicbproperty d effect. such OVI then this bond to void,e e otherwise less of the number of years this bond may remain inforce and cumulative and the PROVIDED, HOWEVER,mthat regardless number of claims which may be made against this bond, the liability of the Surety shall aggregate liability of the Surety for any and all claims, suits, or actions under this bond shall not exceed the amount stated abovve..Any revision of the bond amount shall not be cumulative. PROVIDED, FURTHER, that this bond may be canceled by the Surety by sendingwritten notice to the party to this bond is payable stating that, not less than thirty (30) days thereafter, the Surety's liability hereunder whom 2 shall terminate as to subsequent acts of the Principal. da of April , 17th j Signed this ^ 014 PRINCIPAL STATE OF IOWA I, R. Scott Wienands United States and the Constitution of the State of Iowa, ability discharge the duties of the office of Trustee in City of Waterloo Black Hawk Merchants Bonding Company (Mutual) Janet Willard Attorney -in -Fact OATH OF OFFICE County, ss. solemnly swear that I will support the Constitution of the and that I will faithfully and impartially to the best of my Subscribed and sworn to before me this 17 PO 0103 IA (1/09) as now or her after r quired by law. Principal` day of Cty ea,VA:)AtoAvAlz .•"CARLA MANAHL COMMISSION NO.7818 4 • • MY COMMISSION ' C DECEMBER 19..__ yew• nary Public nmission expires j &' 19 , �o Lo MERCHANTS BONDING COMPANY-- POWER OF ATTORNEY Bond #: IA 599398 Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint, individually, Janet Willard of Waterloo and State of IA their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWENTY MILLION ($20,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 4th day of October STATE OF IOWA COUNTY OF POLK ss. .In.1014.44 offf.•„��f �.• •y:= •00�ORPOgq�9y�� •b-._ -o- p: 2003 :'•c), y 1933 , • J••. C`:• By 2013 MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. Mlfir�f' .ff.,flf 74 7 /7,, President On this 4th day of October , 2013 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. STATE OF IOWA COUNTY OF POLK ss. ow October 28, 2014 MARANDA GREENWALT Commission Number 770312 My Commission Expires L Notary Public, Polk County, Iowa I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 17th day of April 2014 POA 0014 (11/11) rr,.,fffff , •...... G •. f : = • y • 2003 • r•n. :y 1933 c; ......•:t,�41�� 0•'`gi • •• d.• 'Waif* n,...ftNi, Secretary MERCHANTS BONDING COMPANY 2100 FLEUR DRIVE • DES MOINES, IOWA 50321-1158 (515) 243-8171 • (515) 243-3854 FAX IOWA PUBLIC OFFICIAL BOND KNOW ALL PERSONS BY THESE PRESENTS: That we, as Principal, and MERCHANTS BONDING COMPANY (Mutual), a corporation duly licensed to do business in the State of Iowa, as Surety, are held and firmly bound unto the City of Waterloo , State of Iowa in the sum of Five Thousand Dollars ( $5,000.00 ) DOLLARS, Bond No. IA 596952 MARY POTTER lawful money of the United States, for the payment of which, well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas, the above bounden Principal having been duly elected or appointed to the office of Trustee in and for the City of Waterloo and State of Iowa for the term beginning on 13th day of July , 2014 and ending on 13th day of July , 2016 . he/she will render a true account of his/her office and of his/her doings therein to the proper authority, when required, or by law; that he/she will promptly pay over to the officer or person entitled thereto all moneys which may come into his/her hands by virtue of his/her office; that he/she will promptly account for all balances of money remaining in his/her hands at the termination of his/her office; that he/she will exercise all reasonable diligence and care in the preservation and lawful disposal of all money, books, papers, securities, or other property appertaining to his/her said office, and deliver them to his/her successor or to any other person authorized to receive the same; and that he/she will faithfully and impartially, without fear, favor, fraud or oppression, discharge all duties now or hereafter required of his/her office by law, and the securities on such bond shall be liable for all money or public property that may come into the hands of such officer at any time during his/her possession of such office, then this bond to be void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, that regardless of the number of years this bond may remain in force and the number of claims which may be made against this bond, the liability of the Surety shall not be cumulative and the aggregate liability of the Surety for any and all claims, suits, or actions under this bond shall not exceed the amount stated above. Any revision of the bond amount shall not be cumulative. PROVIDED, FURTHER, that this bond may be canceled by the Surety by sending written notice to the party to whom this bond is payable stating that, not less than thirty (30) days thereafter, the Surety's liability hereunder shall terminate as to subsequent acts of the Principal. Signed this 1st day of May 2014 STATE OF IOWA I, MARY POTTER Oft Mer ants. Bonding Company (Mutual) PRINCIPAL ndrea Coon Attorney -in -Fact OATH OF OFFICE Black Hawk County, ss. solemnly swear that I will support the Constitution of thy: United States and the Constitution of the State of Iowa, and that I will faithfully and impartially to the best of m ability discharge the duties of the office of Trustee in City of Waterloo as now or hereafterrequired by law.�� al C Principal (/ Subscribed and sworn to before me this as -AAA " day of�� , 9,0i9 PO 0103 IA (1/09) CARLA MANAHL COMMISSION NO.7312niMY ISSION ; DECEMMBER 19 - i Notary Public ;� Commission expires t)PCc M her ! q �fJ! MERCHANTS BONDING COMPANY,. POWER OF ATTORNEY for Company Employees Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint the following company employees, individually, Bond #: IA 596952 Andrea Coon of Des Moines and State of Iowa their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: Unlimited and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 10thday of April , 2014 . STATE OF IOWA COUNTY OF POLK ss. r,,,..,rrrl.r,�,� • �N Co *-11.9.1.!,44"%,„... G • °a ..• o ,h. 1.v 2003 1.0- a' 1933 .C:. < •ti. ..... �`/.es; .... Ac: `', • pf m#01° MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. President V70 On this 10thday of April , 2014 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. MARANDA GREENWALT Commission Number770312 My Commission Expires o � October 28, 2014 STATE OF IOWA COUNTY OF POLK ss. Notary Public. Polk County, Iowa I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 1st day of May , 2014 . .,,... .arr,.rrAr . 110144, -o- = 2003 1.0 rHr, rr POA 0015 (11/11) .•o�N9-,A Ca�• •�?ORP 0,c,:; ..10% •y• • • • • y 1933 c. �0'• • `v. .•dy s `1,�Q.• Secretary CITY OF WATERLOO, IOWA CITY ATTORNEY'S OFFICE 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4286 June 16, 2014 Mayor Buck Clark and City Council City Hall Waterloo, IA 50703 Dear Mayor Clark and Council Members: I have examined the bonds filed with the City Clerk/Auditor's Office up to the close of business on June 16, 2014. Of the 3 bonds submitted, 3 were approved and Q were rejected, as shown on the attached list. Very truly yours, D mid R. Zellhoefer Assistant City Attorney DRZ:sda CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer BONDS FOR COUNCIL APPROVAL JUNE 16, 2014 RIGHT OF WAY CONSTRUCTION BOND (EXPIRES 4/30/2015) AMOUNT $5,000.00 95 BA G635 8 7900415034 DAVID L RINDELS DBA ASTEC HANDYMAN SERVICES BEN NEUMAN WATERLOO, IA DES MOINES, IA BUILDING MOVER'S BOND (EXPIRES 4/30/2015) AMOUNT $10,000.00 71553893 FERNEAU & SONS HOUSE MOVING & RAISING, LLC MARSHALLTOWN, IA CITY OF WAI'ERLOO Council Communication City Council Meeting: May 27, 2014 Prepared: May 16, 2014 Dept. Head Signature: ..- & # of Attachments: SUBJECT: Request the City Council adopt resolutions to preliminarily approve the request for the bid document and specifications for General Contractor Services to construct a Public Works Salt Storage facility at 625 Glenwood Street, Waterloo, IA and to instruct the City Clerk to publish notice of hearing on bid document, specifications etc, as June 16, 2014 with bid opening on June 12, 2014. Submitted by: Mark Rice, Public Works Director Recommended City Council Action: Approval Summary Statement: Expenditure Required: Est $150,000 Source of Funds: GO Bond proceeds Policy Issue Alternative Background Information: Request council approve setting date of hearing for bid opening on General Contractor services to construct City of Waterloo Public Works salt storage facility. This replaces the current salt building located at the former Street Department site on Black Hawk Street which is not economically feasible nor structurally sound enough to be moved. This action is necessary as a result of the collaborative effort between the City and Waterloo School District to re -purpose the former Street Dept building into a school bus storage facility. STATE OF IOWA, } Black Hawk County, SS NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS for the taking of bids for PUBLIC WORKS SALT STORAGE FACILITY Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of said City on the 12th day of June, 2014, until 1:00 p.m., for Public Works Salt Storage Facility. All proposals received will be opened in the Council Chambers in the City Hall in the City of Waterloo, Iowa, on the 16th day of June, 2014, at 5:30 p.m. Bid proposals will be acted upon at that time or at such time as may then be fixed. Notice is hereby given that the Council of the City of Waterloo will conduct a public hearing on plans, specifications, form of contract, bid document, etc. in conjunc- tion with Public Works Salt Storage Facility Project at 5:30 p.m. on June 16, 2014, in the Council Chambers in the City Hall in the City of Waterloo, Iowa. The proposed bid form is on file in the office of the City Clerk for public examination. A bid document may be obtained from Public Works Director, 625 Glenwood Street, Waterloo, Iowa, 50703. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall, Waterloo, Iowa, before the date set for said hearing. By order of the Council of the City of Waterloo this 27th day of May, 2014. Suzy Schares City Clerk I do solemnly swear that the annexed copy of legal City of Waterloo Public Hearing & Notice to Bidders — Bids Public Works Salt Storage Facility Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 30th day of May, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $18.04 CAtmoA--71(16.zed,e0i-g-ned Subscribed and sworn to before me this a Day of ja A.D., 20 (LI Received of Notary Public the sum of Dollars. In full for publication of the above notice. w1 •L •ems T JODI E P,CKINSTRY COMMISSION t Q.782413 GAY CCM I • a, Pt r S STATE OF IOWA, } Black Hawk County, SS NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS for the taking of bids for PUBLIC WORKS SALT STORAGE FACILITY Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of said City on the 12th day of June, 2014, until 1:00 p.m., for Public Works Salt Storage Facility. All proposals received will be opened in the Council Chambers in the City Hall in the City of Waterloo, Iowa, on the 16th day of June, 2014, at 5:30 p.m. Bid proposals will be acted upon at that time ' or at such time as may then be fixed. Notice is hereby given that the Council of the City of Waterloo will conduct a public hearing on plans, specifications, form of contract, bid document, etc. in conjunc- tion with Public Works Salt Storage Facility Project at 5:30 p.m. on June 16, 2014, in the Council Chambers in the City Hall in the City of Waterloo, Iowa. The proposed bid form is on file in the office of the City Clerk for public examination. A bid document may be obtained from Public Works Director, 625 Glenwood Street, Waterloo, Iowa, 50703. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall, Waterloo, Iowa, before the date set for said hearing. By order of the Council of the City of Waterloo this 27th day of May, 2014. Suzy Schares City Clerk I do solemnly swear that the annexed copy of legal City of Waterloo Public Hearing & Notice to Bidders — Bids Public Works Salt Storage Facility Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 30th day of May, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $18.04 Ca/VIVA:hi/ G.,eietf Signed Subscribed and sworn to before me this Day of caw_ A.D., 20 t (7�cwc i CEtitaLy Notary Public Received of the sum of Dollars. In full for publication of the above notice. JODI E MC�IT%t` CGUlf o FY2015 Public Works Facility — Salt Building Contract No. PW15-01 June 12, 2014 Bid Tab Estimate: $140,000.00 Bid Security Required Bidder Bid Security Bid Amount Aspro, Inc. P.O. Box 2620. Waterloo, IA 507041 5% $54,510.00 + Alternate $6,600.00 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-484 RESOLUTION CONFIRMING APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH THE PUBLIC WORKS SALT STORAGE FACILITY. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Public Works Director of said City to prepare proposed plans, specifications, form of contract, estimate of cost, etc., in conjunction with the Public Works Salt Storage Facility, in the City of Waterloo, Iowa, and WHEREAS, said Public Works Director did file said preliminary plans, specifications, form of contract, estimate of cost, etc. in conjunction with the Public Works Salt Storage Facility, which were preliminarily approved by Resolution No. 2014-418 on May 27, 2014, and WHEREAS, a public hearing, upon notice, was held on June 16, 2014. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed plans, specifications, form of contract, estimate of cost, etc. in conjunction with the Public Works Salt Storage Facility, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 16th day of June, 2014. r est G. Clar ATTEST: Suzy Sch , City Clerk , Mayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-485 RESOLUTION ORDERING CONSTRUCTION IN CONJUNCTION WITH THE PUBLIC WORKS SALT STORAGE FACILITY. WHEREAS, by Resolution No. 2014-484, plans, specifications, form of contract, etc., in conjunction with the Public Works Salt Storage Facility, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on June 16, 2014 as prescribed by statute. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that it is deemed advisable and necessary and it is so ordered on motion by this Council that the said project proceed in accordance with said plans and specifications. PASSED AND ADOPTED this 16th day of June, 2014. Ernest G. C1rk, Mayor ATTEST: uzy Sch:r,'CMC City Cle k CITY OF WA'T'ERLOO Council Communication City Council Meeting: May 27, 2014 Prepared: May 20, 2014 Dept. Head Signature: Eric Thorson, PE, City Engineer # of Attachments: SUBJECT: SIDEWALK INSPECTION AND REPAIR PROGRAM - ZONE 4 Submitted by: W. Wayne Castle, PLS, EI, Associate Engineer Recommended City Council Action: I request that Council authorize the Engineering Department to notify the property owners of the necessary sidewalk repairs. I also request that Council set June 16, 2014 as the date for a public hearing on the proposed repairs, for discussion on errors and omissions but not costs, and instruct the City Clerk to publish said notice. Summary Statement City staff has completed the sidewalk inspection for Zone 4 and calculated the estimated repair costs for each affected property and are ready to notify property owners. Included in this notice will be an estimate of the repair cost, if included in an assessment program. Expenditure Required N/A Source of Funds N/A Policy Issue N/A Alternative N/A Background Information: Under Waterloo ordinance section 7-2A, property owners will be allowed 45 days from the date of notice to voluntarily repair their walk. Property owners, or their designated contractors, will be allowed to obtain sidewalk permits during that 45 -day period. The final day to obtain a permit will be Tuesday, July 15, 2014. All sidewalk repair construction will be required to be completed by Tuesday, July 29, 2014. Any unrepaired sidewalk remaining would then be included in an assessment program. The assessment program will be prepared following the 45 -day period with construction let as soon as possible thereafter. STATE OF IOWA, } Black Hawk County, SS 13H1 SINN3a aasa}I jig .Cg 6'44 P� flh1. td C1oty �,i31n oW 9:itM °Nb+ i ON It'd WWWb'd9 AO I do solemnly swear that the annexed copy of legal City of Waterloo 2014 Sidewalk Repair Program — Zone 4 Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 6th day of June, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $107.79 Signed Subscribed and sworn to before me this I Day of al nc_ A.D., 20 l Received of Notary Public the sum of Dollars. In full for publication of the above notice. JOD E MC COM!,'',31 11 MY CC,PM.II'. E* I STATE OF IOWA, } Black Hawk County, SS 311.1. SINN30 auea}I dig sit J JNIHMAV JAN ?,,J r 63W?NW —098ViON d�VINVIVS9 I do solemnly swear that the annexed copy of legal City of Waterloo 2014 Sidewalk Repair Program — Zone 4 Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 6th day of June, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $107.79 Signed Subscribed and sworn to before me this 1 Day of ��� A.D., 20 'q Received of Notary Public the sum of Dollars. In full for publication of the above notice. IOD E MCK.INSi B GQNMSSEON NO.7 413 MY CCM Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-486 RESOLUTION DIRECTING THE REPAIR OF VARIOUS SIDEWALKS AND/OR PORTIONS THEREOF IN THE CITY OF WATERLOO, IOWA, UNDER THE 2014 SIDEWALK INSPECTION AND REPAIR PROGRAM - ZONE 4. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that after public hearing on June 16, 2014, notice having been given as required by law, it is deemed necessary and advisable that the sidewalks and/or portions of sidewalks for an area known as Zone 4, be improved by repairing the same. The repair of said improvement will be the responsibility of the owner of property abutting the sidewalk so designated by the City Engineer as needing repair. Said work shall be completed by the owner of the property abutting said improvement by July 29, 2014, or with evidence of a contract to have the work completed by a bonded contractor, together with a 25% down payment. The City of Waterloo will contract any work not completed by the property owner, and an accurate itemized account of all the costs and expenses thereof shall be made to this Council upon completion of said work. The cost and expense to the City of Waterloo for making said improvement will be assessed, as provided by law, as a special tax against all property abutting sidewalks and/or portions thereof so improved. PASSED AND ADOPTED this 16th day of June, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Sc ares, CMC City Clerk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-487 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE WATERLOO, IOWA, SIDEWALK ASSESSMENTS IN CONJUNCTION WITH THE 2014 SIDEWALK INSPECTION AND REPAIR PROGRAM - ZONE 4. WHEREAS, this Council has proposed a Resolution of Necessity for the Waterloo, Iowa, Sidewalk Assessments in conjunction with the 2014 Sidewalk Inspection and Repair Program - Zone 4, and has given notice of the public hearing thereon as required by law; and WHEREAS, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and WHEREAS, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: That the proposed Resolution of Necessity described above is hereby adopted, as proposed, and all objections filed or made having been duly considered. PASSED AND ADOPTED this 16th day of June, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Sc .res, CMC City Cle k CITY OF WATERLOO Council Communication City Council Meeting: Tune 2, 2014 Prepared: May 28, 2014 Dept. Head Signature: Mike Wilson # of Attachments: SUBJECT: Approval of Plans, Specifications, Advertising, and setting date for a public hearing at the regular City Council meeting on June 16, 2014 and setting date for bid letting in the First Floor Conference Room at City Hall on June 12, 2014 at 1:00 p.m. for Haying at Waterloo Regional Airport. Submitted by: Mike Wilson, Airport Director Recommended City Council Action: Approval of Plans, Specifications, Advertising, and setting date for a public hearing at the regular City Council meeting on June 16, 2014 and setting date for bid letting in the First Floor Conference Room at City Hall on June 12, 2014 at 1:00 p.m. for Haying at Waterloo Regional Airport. Summary Statement: The Waterloo Regional Airport is soliciting proposals for operators to hay portions of the airport to reduce our mowing operations and generate additional income. Expenditure Required: $0 Source of Funds: NA Policy Issue Alternative Background Information: There are approximately 400 acres of grassland which is currently being mowed by airport staff. Approximately 300 acres of this area has been identified by airport staff as area available for a mowing reduction program. The mowing reduction is accomplished by escorting haying equipment onto airport property two or three times per year to cut, rake, bale and remove the bales from the area immediately. This will be bid per bale based on cubic feet of the bale to take the risk out of the equation for the successful farmer. Hay Lease Available — Waterloo Regional Airport June 12, 2014 Bid Tab Bid Security Not Required Bidder Bid Amount Martinson Construction 3842 West Airline Hwy. Waterloo, IA 50703 5'x5' Round Bale @ $20.00/bale CITY OF WATERLOO Council Communication City Council Meeting: June 16, 2014 Prepared: June 12, 2014 Dept. Head Signature: Michael Wilson /11* # of Attachments: 1 SUBJECT: Approve Contract with Martinson Construction, of Waterloo, Iowa in the amount of $20 per hay bale in conjunction with Haying project at Waterloo Regional Airport; and to authorize Mayor to execute said documents. Submitted by: Michael Wilson, Airport Director Recommended City Council Action: Approve Contract with Martinson Construction, of Waterloo, Iowa in the amount of $20 per hay bale in conjunction with the Haying project at Waterloo Regional Airport; and to authorize Mayor to execute said documents. Summary Statement: The airport will receive $20 from Martinson Construction for each hay bale removed from airport property. Expenditure Required: $0 Source of Funds: NA Policy Issue: Alternative: Background Information: Airport maintenance personnel have been mowing approximately 250 acres on the airport which have been identified as areas that will be added to a mowing reduction program. As part of this program, proposals were solicited for haying on the airport. Bids were opened and read on June 12, 2014. Martinson Construction was the sole proposer for this project. AGRICULTURAL LEASE This Hay Bale Lease (the "Lease") is entered into this 16th day of June 2014, by and between Landlord and Tenant, as set forth below: Tenant: Name: Martinson Construction Address: 3842 West Airline Highway Waterloo, Iowa 50703 Landlord: Name: City of Waterloo, Iowa, acting by and through the Waterloo Airport Board Address: 2790 Livingston Lane, Waterloo, Iowa, 50703 In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. DESCRIPTION OF LAND. The Landlord leases to the Tenant for agricultural purposes the following legally described property (the "Real Estate"): Certain parcels located in Sections 4, 5, 29, 30, 31, 32 and 33, Black Hawk County, Iowa, consisting of approximately 250 acres, more or less, within the confines of the Waterloo Regional Airport, as designated specifically by Landlord. For purposes of this Lease, the Real Estate does not include parcel no. 9013-32-351- 001. The Real Estate is subject to all easements now existing or which the Landlord may grant in the future. 2. TERM OF LEASE. The term of this Lease shall be for the period of two (2) crop years beginning as of the date of this Lease and ending at 12:01 a.m. on March 1, 2016. 3. USE. The Tenant shall have the right to use the Real Estate for the cutting, raking, baling, and transportation of grass hay, and for no other purpose whatsoever. 4. CASH RENT. Tenant agrees to pay the Landlord cash rent for the use of part or all of the Real Estate as follows: Payment will be due within 30 days of invoice. Invoiced amount will be based on a rate of $20.00 per bale made on airport property. In the event the cash rent is not paid by the due date(s), interest shall be charged at the rate of 18% percent per annum, compounded monthly, beginning five (5) days after the due date, until paid. All cash rent is to be paid to the Landlord at the address shown above or at such other place as the Landlord may direct in writing. 5. TENANT DUTIES AND CONDITIONS. Tenant agrees to: a. Not interfere with or adversely affect the use, operation, maintenance or development of the airport. Not plant any crops or grasses on the property. b. Harvest hay in a timely fashion as weather permits. In the event Tenant fails to do so, Landlord reserves the right, personally or through designated agents, to enter upon the Real Estate and properly care for and harvest all growing crops, charging the cost of the care and harvest to the Tenant. c. Farm the land in an efficient and husband -like manner. d. Comply with all local, state, and federal laws and regulations governing all activities related to the application of pesticides. Follow label directions in the handling and application of all chemicals used on the Real Estate, and follow all applicator's licensing requirements. Comply with local, state, and federal laws and regulations pertaining to groundwater contamination, manure disposal, and hazardous waste storage or disposal. e. Not allow any use of the Real Estate by any other person without prior written consent of the Landlord. 6. RESERVED RIGHTS OF LANDLORD. Because the Real Estate is part of the Waterloo Airport property, the parties agree that the Real Estate, and Tenant's rights under this Lease, are subject to the following reserved rights of the Landlord: a. There is hereby reserved to Landlord, its successors and assigns, for the use and benefit of the public, a free and unrestricted right of flight for the passage of aircraft in the airspace above the surface of the Real Estate, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft using said airspace or land at, taking off from, or operating on or about the airport. b. This Lease shall become subordinate to the provisions of any existing or future agreement between Landlord and the federal government relative to operation, development or maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the airport. c. During time of war or national emergency, Landlord shall have the right to enter into an agreement with the federal government for use of part or all of the landing area, publicly owned air navigation facilities, and/or other areas or facilities of the airport by armed forces. If such an agreement is executed, the provisions of this Lease shall be suspended to the extent that they are inconsistent with the provisions of the agreement with the federal government. d. In connection with any air show or other large-scale event requiring the use of airport grounds, Landlord may remove certain acres from operation of this Lease for the then -current crop year. Landlord will consult with Tenant and will seek to minimize the number of acres affected. 7. ENVIRONMENTAL MATTERS. Tenant shall comply with all applicable environmental laws concerning application, storage and handling of chemicals (including, without limitation, herbicides and insecticides) and fertilizers. Tenant shall apply any chemicals used for weed or insect control at levels not to exceed the manufacturer's recommendation for the soil types 2 involved. Farm chemicals may not be stored on the Real Estate. Chemicals used on the Real Estate shall be stored in clearly marked, tightly closed containers. No chemicals or chemical containers will be disposed of on the Real Estate. Application of chemicals for agricultural purposes per manufacturer's recommendation shall not be construed to constitute disposal. Tenant shall employ all means appropriate to ensure that well or ground water contamination does not occur, and shall be responsible to follow all applicator's licensing requirements. Tenant shall install and maintain safety check valves for injection of any chemicals and/or fertilizers into an irrigation system (injection valve only, not main well check valve). Tenant shall properly post all fields (when posting is required) whenever chemicals are applied by ground or air. Tenant shall haul and spread all manure on appropriate fields at times and in quantities consistent with environmental protection requirements. Tenant shall not dispose of waste oil, tires, batteries, paint, other chemicals or containers anywhere on the Real Estate. Solid waste may not be disposed of on the Real Estate. Dead livestock may not be buried on the Real Estate. Tenant shall not use waste oil as a means to suppress dust on any roads on or near the Real Estate. No underground storage tanks shall be placed or maintained on the Real Estate. Tenant shall immediately notify Landlord of any chemical discharge, leak, or spill which occurs on the Real Estate. Tenant shall assume liability and shall indemnify and hold Landlord harmless for any claim or violation of standards, which results from Tenant's use of the Real Estate. Tenant shall assume defense of all claims, except claims resulting from Landlord's negligence, in which case each party shall be responsible for that party's defense of any claim. After termination, Tenant shall remain liable for violations, which occurred during the term of this Lease. 8. REAL ESTATE AND PERSONAL PROPERTY TAXES. Landlord agrees to pay all taxes, assessments, or other public charges levied or assessed by lawful authority against the Real Estate. Tenant agrees to pay all personal property taxes, assessments, or other public charges levied or assessed by lawful authority against the Tenant's personal property on the premises, during the term of the Lease. 9. IMPROVEMENTS. Tenant may not make any improvements to the Real Estate. 10. RIGHT OF ENTRY AND INSPECTION. Landlord may enter the Real Estate at any reasonable time for the purpose of consulting with Tenant, viewing the property, making repairs or improvements, or for other reasonable purposes that do not interfere with Tenant's ability to carry out regular farming operations. 11. ASSIGNMENT AND SUBLETTING. Tenant shall not lease or sublet any part of the Real Estate nor assign this Lease to any other person without the prior written permission of Landlord. If Landlord sells or otherwise transfers title to the Real Estate, Landlord will do so subject to the provisions of this Lease. 12. INSURANCE. Tenant shall, at its own expense, procure and maintain comprehensive public liability insurance in the amount of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. Such insurance shall cover liability arising from the acts or omissions of Tenant, its employees and agents, and shall protect Landlord against such claims, damages, costs or expenses on account of injury to any person or persons, or to the property of same, by reason of such casualty, accident or other occurrence on or about the Real Estate during the term of this Lease. Certificates or copies of said policies, naming Landlord as an additional insured, and providing for thirty (30) days' advance notice to Landlord before cancellation, shall be delivered to 3 Landlord within no later than commencement of the Lease term. A renewal certificate shall be provided to Landlord prior to expiration of any policy. Landlord shall provide no such insurance for the property or activities of Tenant, its agents or employees. 13. INDEMNIFICATION. Tenant shall take possession of the Real Estate subject to the usual hazards of operating a farm and assumes all of the risks of accidents to the Tenant, its employees and agents, in pursuance of the farming operation, and in performing repairs or improvements or other actions pursuant to this Lease. Except as to any negligence of Landlord or its agents, Tenant will protect, indemnify, and save harmless the Landlord from and against any and all loss, costs, damage, and expenses, including but not limited to reasonable attorneys' fees and expenses, occasioned by, or arising out of, any act or omission causing or inflicting injury and/or damage to any person or property, happening or done in, upon, or about the Real Estate, and due directly or indirectly to the use or occupancy thereof, or any part thereof, by Tenant or any person claiming through or under Tenant. The provisions of this section shall survive the termination or expiration of this Lease for any reason. 14. MINERAL RIGHTS. Landlord reserves all rights to any minerals on or underlying the Real Estate. 15. YIELDING POSSESSION. Tenant agrees that on termination of the Lease, Tenant will yield possession of the Real Estate to Landlord without further demand or notice, in as good order and condition as at the beginning of the Lease term. Loss by fire, tornado or forces beyond Tenant's control and ordinary wear and tear are excepted. 16. RELATIONSHIP OF PARTIES. Nothing in this Lease shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between Landlord and Tenant nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 17. DEFAULT; REMEDIES. If Tenant fails to observe any term or condition of this Lease, including but not limited to the payment of rent, it shall be in default of this Lease, and Landlord may then exercise any and all legal remedies available under applicable law. In the event of default Tenant shall be liable for any and all damage or loss suffered or incurred by Landlord, including but not limited to reasonable attorneys' fees and expenses incurred in connection with the exercise of any right or remedy by Landlord. Waiver of any default shall not be construed as a waiver of any other or subsequent default. 18. NOTICES. Any notice under this Lease shall be in writing and shall be delivered in person, by overnight delivery service, or by United States certified mail, postage prepaid, and addressed as set forth on first page hereof. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight delivery service which guarantees next day delivery, or (iii) three (3) business days following the date of deposit if mailed by United States certified mail, postage prepaid. Either party may change its address for the giving of notice by any method provided for in this paragraph. 19. CAPTIONS. All captions, headings, or titles in the paragraphs or sections of this Lease are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Lease or of any provisions hereof. 4 20. ENTIRE AGREEMENT; MODIFICATION. This Lease represents the entire agreement between the parties, superseding all prior or contemporaneous discussions, representations, promises or agreements between the parties. This Lease may be modified only in a written instrument signed by both parties. 21. MISCELLANEOUS. Time is of the essence in the observance and performance of the terms of this Lease. Words or phrases herein, including the acknowledgments below, are to be construed as in the singular or plural and as the appropriate gender, according to the context. 22. BINDING EFFECT. This Lease is binding on the parties and their respective heirs, personal representatives, successors and assigns. APPROVED: LANDLORD: City of Waterloo, Iowa, acting by and through the Waterloo City Council By: Date: Ernest G. Clark Mayor APPROVED: TENANT: By: Date: David Martinson Tenant 5 STATE OF IOWA, } Black Hawk County, SS OFFICIAL PUBLICATION HAY LEASE AVAILABLE WATERLOO REGIONAL AIRPORT JUNE 2, 2014 TO: Prospective Bidders The Waterloo Regional Airport is soliciting written bids to be delivered in person or by mail to the City Clerk of the City of Waterloo as set forth below, for haying approximately 250 acres on the Waterloo Regional Airport. Sealed bids must be received by the City Clerk of the City of Waterloo at her office at City Hall, 715 Mulberry Street, Waterloo, Iowa 50703 no later than Thursday, June 12, 2014 at 1:00 p.m., at which time bids will be opened in the First Floor Conference Room at City Hall. Notice is hereby given that the Council of the City of Waterloo will conduct a public hearing on plans, specifications, bid document, etc. in conjunction with Haying at Waterloo Regional Airport at 5:30 p.m: ' on June 16, 2014, in the Council Chambers in the City Hall in the City of Waterloo, Iowa. The proposed bid form is on file in the office of the City Clerk for public examination. For a bid document or further information, please contact Mike Wilson, Airport Director at Waterloo Regional Airport, (319) 291-4483. Description of Property: Certain parcels located in Sections 4, 5, 29, 30, 31, 32, and 33, Black Hawk County, Iowa, consisting of approximately 1,349 acres, more or less, within the confines of the Waterloo Regional Airport. A two-year lease is available. Payment terms are 100% cash rent due prior to removing bales from airport property. Additional provisions include but are not limited to the following: A mandatory pre-bid meeting will be held on June 10th at 2:00 p.m. in the airport conference room. This conference room is located on the second floor in the airport terminal building. All bidders must attend this meeting or their bid will be disqualified. Write "HAY BID" on the outside of the envelope. The Waterloo Regional Airport reserves theright to reject any and all bids at its sole discretion and' to waive any irregularities or technicalities. The bidder to whom the lease is awarded will be required to sign a lease on a form satisfactory to the Waterloo Airport Board. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall, Waterloo, Iowa, before the date set for said hearing. By order of the Council of the City of Waterloo this 2nd day of June, 2014. Suzy Schares City Clerk I do solemnly swear that the annexed copy of legal City of Waterloo Official Publication: Hay Lease Available Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 5th day of June, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $30.99 Signed Subscribed and sworn to before me this la Day of Jau, A.D., 20 1q Received of C fll L.. Notary Public the sum of Dollars. In full for publication of the above notice. J©DI E MCKINSTFTCP COlb M!SS!ON t40.782.413 V ocL1c Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-488 RESOLUTION CONFIRMING APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH HAYING AT THE WATERLOO REGIONAL AIRPORT. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Airport Director of said City to prepare proposed plans, specifications, form of contract, estimate of cost, etc., in conjunction with Haying at the Waterloo Regional Airport, in the City of Waterloo, Iowa, and WHEREAS, said Airport Director did file said preliminary plans, specifications, form of contract, estimate of cost, etc. in conjunction with Haying at the Waterloo Regional Airport, which were preliminarily approved by Resolution No. 2014-431 on June 2, 2014, and 2014. WHEREAS, a public hearing, upon notice, was held on June 16, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed plans, specifications, form of contract, estimate of cost, etc. in conjunction with Haying at the Waterloo Regional Airport, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 16th day of June, 2014. .1-te-e4a‘ ?We, E nest G. 1 ATTEST: uzy Sch., es, CMC City Cler C ark, Mayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-489 RESOLUTION AUTHORIZING TO PROCEED IN CONJUNCTION WITH HAYING AT THE WATERLOO REGIONAL AIRPORT. WHEREAS, by Resolution No. 2014-488, plans, specifications, form of contract, etc., in conjunction with Haying at the Waterloo Regional Airport, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on June 16, 2014 as prescribed by statute. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that it is deemed advisable and necessary and it is so ordered on motion by this Council that the said haying proceed in accordance with said specifications. PASSED AND ADOPTED this 16th day of June, 2014. ATTEST: uzy Sc City Cle CMC ‘e"ee, Ernest G. Clark, Mayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-490 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF CONTRACT TO MARTINSON CONSTRUCTION OF WATERLOO, IOWA, IN CONJUNCTION WITH HAY BALE LEASE AT THE WATERLOO REGIONAL AIRPORT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the Contract with Martinson Construction of Waterloo, Iowa, in conjunction with Hay Bale Lease at the Waterloo Regional Airport, in the amount of $20.00 per 5'x5' round bale, described in the plans and specifications heretofore adopted by this Council for said project with Resolution No. 2014-488 after public hearing on June 16, 2014 on published notice required by law, be and is hereby awarded, the same being the apparent lowest bid for said project. The Mayor and City Clerk are hereby directed to execute contract with the said contractor for the said haying, said contract not to be binding on the City until approved by this Council. PASSED AND ADOPTED this 16th day of June, 2014. ATTEST: Suzy Sc City Cl ares, CMC rk 61,14Z2 Ernest G. Clark, Mayor Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QU `L V lrr HART iilard 4 RON WELPER Ward 5 BOB GREENWOOD Al -Large STEVE SCB MITT Ar -Large COMMUNITY PLANNING AND DEME -Fax (319) 291-4262. Street - Waterloo, lova 50703-5783 19 715 ,•t Director NOEL C. ANDERSON, Community Planning d D CITY OF WATERLOO Council Communication City Council Meeting: June 2, 2014 Prepared: M2°14. Dept. Head Signature: # of Attachments: SUBJECT: Request by Howard L. Allen Investments, Inc. to set a date of hearing g as June 16, 2014 for the request to vacate a portion of La Porte Road a frontage road, utilizing generally this area located between Easton Avenue and Lorraine Avenue, for the pure for development of abutting parcels. Submitted by: Noel Anderson, Community Planning & Development Director P;ecommended City Council Action: Approval Summary Statement: Transmitted herewith is a request by Howard L. Allen Investments, Inc. to set a date of hearing as June 16, 2014 for the request to vacate a portion of La Porte Road frontage road, generally located between of abutting Easton nue parcels. The frontage roadd Lorraine ' for the purpose of utilizing this area for developmentg currently serves one property at 1326 La Porte Road. Staff feels that vacating the frontage road would not appear to have a negative impact on traffic conditions in the area, as the frontage road does not serve a lot of traffic. There are overhead electric lines located within the area to be vacated, and it will be necessary that an easement is retained over, under and upon the area. Currently, the applicant is in the beginning stages of developing the parcel to the west of the area requested to be vacated Please find attached a legal description of the area to be vacated and conveyed, staff report and aerial photograph. Therefore, we would ask that the City Council set a date of public hearing as June 16, 2014, and publish and official notice pertinent to the request to vacate the area described in Exhibit "A". Expenditure Required. None. Source of Funds: N/A Policy Issue: Right -of -Way CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CIT OF WATERL IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street 9 Waterloo, lova 50703-5783 y (313) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director CITY OF WATERLOO Council Communication City Council Meeting: June 2, 2014 Prepared: May 28, 2014 Dept. Head Signature: Noel Anderson, Community Planning & Developmenti Director # of Attachments: 1 SUBJECT: Set a date of hearing for approval of a Development Agreement with Howard L. Allen Investments, Inc. for the construction of a 3,750 sq. ft. commercial building on parcel 8913-36-408-013 (northwest corner of La Porte Road and Easton Avenue), adding $300,000 of taxable value to the site, and conveying vacated La Porte Road street frontage. Submitted by: Noel Anderson Communit Plannin• & Develo.ment Director Recommended City Council Action: Set date of hearing. Summary Statement: The City of Waterloo has vacated several portions of the La Porte Road frontage road segments in the past. The section between Easton Avenue and Lorraine Avenue (see attached map) would not appear to be needed for any functionality of the frontage road system. Howard Allen has purchased the land abutting the segment of frontage road areas for development purposes. Mr. Allen is proposing to build a new 3,750 sq. ft. commercial building on this site. The acquisition of the frontage road portions will allow him to utilize the area for additional setbacks, buildable area, and parking. The new assessed value of $300,000 will repay the price of the land plus costs incurred through paving of the area in recent street projects. Thus, it would meet the Sale of Property Policy by paying back the assessed value of land at $8,320 plus approximate costs of $55,000 for the road overlay. This repayment is over an 8 -year schedule, as the soite is located within the CURA. PH - d�ht �� 2ry- Expenditure Required: NA Source of Funds: NA Policy Issue: Economic Development and Sale of Property. Alternative: Not sell land Background Information: The City of Waterloo works to convey unnecessary parcels of city owned land and right-of-way. Due to past vacates in the area, the La Porte Road frontage road no longer works in this southern end of the roadway corridor. In the future, CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer City of Waterloo Pl a s � ling and Zon Aust 7, 2012 CORNWALL AVE LORRAINE AVE r_ 0 H m o; Jaw . 6, L. Alen Investments Preparer Information: Noel Anderson 715 Mulberry Street Name Address Waterloo, Iowa 50703 (319) 291-4366 City Phone SPACE ABOVE THIS LINE FOR RECORDER DEVELOPMENT AGREEMENT This Develop r} greement (the "Agreement") is entered into as of by and between Howard L. Allen Investments, Inc. ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Purchase and Conveyance of Property. Company will purchase the real property described on Exhibit "A" attached hereto (the "Property"), generally known as vacated La Porte Road frontage road right-of-way located in front of 1326 La Porte Road, and between Lorraine Avenue and Easton Avenue. On or before September 1, 2013, City shall convey the Property to Company for the sum of $1.00. Conveyance shall be by quit claim deed, and Company shall accept the Property from City in its "AS IS" condition, without any representation or warranty of any type or nature as to title, condition, fitness for use for any particular purpose, or otherwise. Company may obtain whatever evidence of title it desires at its own cost and expense. 2. Project Assistance. Because the Property is located in a designated Consolidated Urban Revitalization Area (CURA), the Property is eligible for tax exemption consistent with and to the extent provided for in Iowa law, provided that Company meets all requirements to qualify for such exemption. The Company agrees Section 5, and for such limited purpose Company does hereby constitute and appoint City as its attorney-in-fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any lien, claim, charge, or encumbrance on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees. Company's duties of indemnity pursuant to this Section 5 shall survive the expiration, termination or cancellation of this Agreement for any reason. 6. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City in advance of Company's execution of any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 7. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that, prior to the date set forth in Section 2 of Exhibit "B," it will not seek or cause a reduction in the valuation for the Property, which shall be fixed for assessment purposes, below the amount of $300,000.00 ("Minimum Actual Value"), through: (i) willful destruction of the Property, Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign and deliver to City the agreement attached as Exhibit "B" concurrently with execution and delivery of this Agreement. 8. Representations and Warranties of City. City hereby represents and warrants as follows: certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, to Howard L. Allen Investments, Inc., PO Box 622, Cedar Falls, Iowa 50613, facsimile number 319.233.0121, Attn: Howard Allen, with copies to Eric Johnson, attorney. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. 13. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 14. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 15. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 16. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, legal representatives, and future owners of the Property. EXHIBIT "A" Legal Description of Property to be Improved Assessor in excess of the Minimum Actual Value established herein. In no event,. however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. The City shall not unreasonably withhold its consent to permit the Company to contest its taxable valuations in full, commencing with the assessment of January 1st following the fifth year of taxes paid on the full value. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above CITY OF WATERLOO, IOWA HOWARD L. ALLEN INVESTMENTS, INC. By: By: Ernest G. Clark, Mayor Howard Allen Attest: Suzy Schares, City Clerk 2 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than Three Hundred Thousand Dollars ($300,000.00) in the aggregate, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on Assessor for Black Hawk County, Iowa Date Koenigsfeld, Assessor for Black Hawk County, Iowa. gold 3 -by T.J. Notary Public 4 NOEL ANDERSON From: Sent: To: Subject: Here are the legals: ARIC SCHROEDER Wednesday, May 28, 2014 11:29 AM NOEL ANDERSON; TIM ANDERA La Porte Frontage Road Legals Vacate The East 67 Feet of Lots 1 and 2 of Sunkist Addition, City of Waterloo, Iowa. Sell and Convey The West 67 Feet of the East 100 Feet of the North 5 Acres of the South 10 Acres of the Northwest 1/4 of the Southeast Quarter of Section 36, Township 89 North, Range 13 West, City of Waterloo, Iowa. And also, the East 67 Feet of Lots 1 and 2 of Sunkist Addition, City of Waterloo, Iowa. AR1C A SCHROEDER City Planner City of Waterloo Community Planning and Development 715 Mulberry Street Waterloo, IA 50703 Phone: (319) 291-4366 Fax: (319) 291-4262 www.ci.waterloo.ia.us 1 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 . NOEL C. ANDERSON, Community Planning & Development Director CITY OF WATERLOO Council Communication City Council Meeting: June 2, 2014 Prepared: May 28, 2014 Dept. Head Signature: Noel Anderson, Community Planning & Developmen l'rector # of Attachments: 1 SUBJECT: Set a date of hearing for the request by City of Waterloo to sell and convey the 4' portion of lot 8 (formerly 1019 Lafayette Street) to the abutting property owner at 1013 Lafayette Street (Danielle Rohret) for $1.00 plus costs, to legalize the housing setback and eliminate a common shared driveway setup. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Set date of hearing. Summary Statement: Please see attached email from Rudy Jones, Community Development Director. The City of Waterloo was able to acquire both properties with federal Neighborhood Stabilization Program (NSP) funds — being able to rehabilitate and sell the unit at 1013 Lafayette Street, and now acquire, demolish, and build new housing at 1019 Lafayette Street. Due to the timing of acquisitions we were unable to correct the problem with the setbacks between structures and shared driveway situation which existed. Now that we have both parcel under City control or recent sale, we are able to bring the lots up to current standards for setbacks, and design a proper driveway locations for each site. The NSP goals are to rehabilitate and improve neighborhoods through its projects, and we believe this sale will help to further achieve that goal. Expenditure Required: NA Source of Funds: NA Policy Issue: Community Development and Neighborhood Planning Alternative: NA Background Information: The City of Waterloo continues to works towards the redevelopment of our older neighborhoods for infill development. This small action will help to better accommodate both the home that was rehabilitated and the new home under construction — to better allow for a stronger neighborhood in the long term. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer THIS PLAT OR SUBDIVISION HAS BEEN REVIEWED BYE THE CITY OF WATERLOO. CITY PLANNER OR DESIGNEE DATE KIRK D. ESCHUMAN, P.L.S., IA. UC. NO. 9961, 819 SYCAMORE STREET, WATERLOO, IA. 50703-4729 PHONE: 319-234-0509 FAX: 319-236-3597 ti / \ N \ PLAT OF SURVEY qt. w� •yam o" V �tj�kJ Q9 „4 4 ,4 62?0 / .1 rso ON • . N \ oy y \ 6 \ �O Cs, r'i ATTACHMENT: EXHIBIT "A": LEGAL DESCRIPTIONS: A SURVEY OF TRACT 1 (1013 LAFAYETTE STREET): THE SOUTHEASTERLY 49.0 FEET OF LOT 7 AND LOT 10, AND THE NORTHWESTERLY 4.00 FEET OF LOT 8 AND LOT 9, ALL IN BLOCK 24, OF THE ORIGINAL PLAT OF WATERLOO EAST OF THE CEDAR RIVER, BLACK HAWK COUNTY, STATE OF IOWA, CONTAINING 6,371.1 SQUARE FEET, OR 0.148 ACRES. QUIT CLAIM BY CITY OF PART OF TRACT 1: THE NORTHWESTERLY 4.00 FEET OF LOT 8 AND LOT 9, ALL IN BLOCK 24, OF THE ORIGINAL PLAT OF WATERLOO EAST OF THE CEDAR RIVER, BLACK HAWK COUNTY, STATE OF IOWA, CONTAINING 480.8 SQUARE FEET, OR 0.011 ACRES. AND A SURVEY OF TRACT 2 (1019 LAFAYETTE STREET): THE SOUTHEASTERLY 71.0 FEET OF LOT 8 AND LOT 9, OF THE NORTHWESTERLY 75.00 FEET OF SAID LOT 8 AND LOT 9, ALL IN BLOCK 24, OF THE ORIGINAL PLAT OF WATERLOO EAST OF THE CEDAR RIVER, BLACK HAWK COUNTY, STATE OF IOWA, CONTAINING 8,535.1 SQUARE FEET, OR 0.196 ACRES. 13B21-1013-1019-LEGALS-01 SHEET NO. 2 OF 2 NOEL ANDERSON From: RUDY JONES Sent: Wednesday, May 28, 2014 10:40 AM To: NOEL ANDERSON Subject: Request to correct proeprty issue Noel, Due to the fact that we had a shared driveway between the properties located at 1013 and 1019 Lafayette Street, we are requesting that the necessary action be taken to clear up the title to reflect the separation of the shared drive to give Danielle Rohret, the owner of 1013 Lafayette Street sole ownership of the drive. This also will allow for the proper and sufficient setback requirements for the new housing unit built on the lot located at 1019 Lafayette Street. If additional information is required, let me know. Thanks. Rudy D. Jones, Director Waterloo Community Development Board 620 Mulberry Street Waterloo, IA 50707 319-291-4429 https://www.facebook.com/pages/Community-Development-waterloo-lowa/691559217535703 1 STATE OF IOWA, } Black Hawk County, SS NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that on the 16th day of June, 2014, at 5:30 p.m., in the Council Chambers in the City Hall in the City of Waterloo, Iowa, a public hearing will be held by the Council of the City of Waterloo, Iowa, to authorize the sale and conveyance of City owned property at a cost of $1.00 plus costs, the 4' portion of Lot 8, formerly known as 1019 Lafayette Street, to legalize the housing setback and eliminate a common shared drive- way, legally described as follows: A survey of tract 1 (1013 Lafayette Street): the Southeasterly 49.0 feet of Lot 7 and Lot 10, and the Northwesterly 4.00 feet of Lot 8 and Lot 9, all in Block 24, of the original plat of Waterloo East of the Cedar River, Black Hawk County, State of Iowa, containing 6,371.1 square feet, or 0.148 acres. Quit claim by City of part of tract 1: the Northwesterly 4.00 feet of Lot 8 and Lot 9, all in Block 24, of the original plat of Waterloo East of the Cedar River, Black Hawk County, State of Iowa, containing 480.8 square feet, or 0.011 acres. and a survey of tract 2 (1019 Lafayette street): the Southeasterly 71.0 feet of Lot 8 and Lot 9, of the Northwesterly 75.00 feet of said Lot 8 and Lot 9, all in Block 24, of the original plat of Waterloo East of the Cedar River, Black Hawk County, State of Iowa, containing 8,535.1 square feet, or 0.196 acres. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall, Waterloo, Iowa, before the date set for said hearing. By order of the Council of the City of Waterloo this 2nd day of June, 2014. Suzy Schares City Clerk I do solemnly swear that the annexed copy of legal City of Waterloo Public Hearing: 1013 Lafayette St. Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 5th day of June, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $21.74 eallAruANTIlattciko- Signed Subscribed and sworn to before me this Day of A.D., 20 1q_ a (cLtC. atC C, t'x -. Notary Public Received of the sum of Dollars. In full for publication of the above notice. 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Aq pauaTguoo pup panoaddP Agaaaq sT pabpaTMouNoa pue pagnoaxa ATTng paap pTPs go TauT6Tao auk 11eus •S •;011-1o21 aTTazuPQ o; paap aanzTap pup agnoaxa og pazTaoq-nP Agaaaq e.1.2 3faaT3 AgT3 pue aoAer aqq mets 'b •paap Aq gaagoE aTTazuPQ oq Agaadoad Traa go TaoaPd pTPs ianuoo PMOI 'ooTaagPM 30 AMMO au4 Thus 'S Z abed I6b-�TOZ 'oN uoTgnTosaJ • Printable Map Output Page 1 of 1 http://www2. co.black-hawk. ia.us/servlet/com.esri. esrimap.Esrimap?S erviceName=bhov&... 5/28/2014 Black Hawk County Parcel Map Parcel ID: 8913-22-178-027 Deed Holder: ELIZABETH BLAKE L L C Parcel Address: 2005 WESTFIELD AV, WATERLOO, IA 50701 ;rte '` .- r +,�, *•. T '—� ` a` ✓.v # v T .s : .. Legend Selectedected parceldimFeatur do n hospital AerialPhotos'� .L°iYjnlj, airport Black Hawk Co firedept parka_ parks. Townships .' �}.. r .. �*V r oti .,st c • +max. .• .G `_ `v 4s s2. '"cj�,f +e 3 b _ 's _ �' ^t ✓...,y h `' �^u5 �,h .:': ham' fl - 4vb� a A t °y ,.• SOCilailt Water Parcels Rights -of -Way City es mama_ roaddlm waterna _ '! 'A ! d✓F ,w� i t ' ` $:. ^'a AP x p f • Kap created , rib ArcI1S-£apyrngIl 3 £I 1932-2aJ1 L. R1Ins-'. II v_ .,,. Via. d� „. Blade Hawk County, Iowa 316 East 5th Street aterloo, Iowa 50703-4774 Phone: (319) 833-3002 Fax: (319) 833-3070 E-mail: auditora@co.black-hawk.ia.us.orq Map Disclaimer: This map does not represent a survey. No liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor or their employees. This map is compiled from official records, including plats, surveys, recorded deeds, and contracts, and only contains information required for local government purposes. See the recorded documents for more detailed legal information. http://www2. co.black-hawk. ia.us/servlet/com.esri. esrimap.Esrimap?S erviceName=bhov&... 5/28/2014 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2014, by and between ElizabethBlake, L.L.C. (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and construct a building and related improvements on property located in the Downtown Waterloo Urban Renewal and Redevelopment Plan Area at 2005 Westfield Avenue, as legally described on Exhibit "A" attached hereto (the "Property"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Improvements by Company. Company shall construct a commercial building consisting of approximately 7,500 square feet, and related landscaping, sidewalks, signage and parking (collectively, the "Improvements"), all of which shall be located on the Property. The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. It is contemplated that the Improvements will have a total project cost of approximately $220,000. The Property, the Improvements, and all site preparation and development -related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 2. City Contribution. The parties acknowledge that the Project will require the relocation of a sanitary sewer line. Company shall undertake, or shall contract with qualified third parties to undertake, all work necessary to relocate the sewer line in accordance with all applicable City ordinances and other applicable law. Upon completion, City will reimburse Company for all reasonable and necessary costs incurred by Company for sewer line relocation, up to a maximum cost of $40,000, subject to Company's satisfaction of timeliness criteria set forth in Section 3 below. Company shall provide such supporting invoices and information as City may reasonably request to substantiate amounts for which Company seeks reimbursement. 3. Timeliness of Construction. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to make the contribution described in Section 2, and that without said commitment City would not have entered into this Agreement. Company must obtain a building permit and begin construction within three (3) months from the date of this Agreement, and sewer line relocation and construction of Improvements on the Property shall be completed by December 31, 2014 (the "Completion Date"). if, after the expiration of three (3) months from the date of the date of this Agreement, Company has not begun in good faith the construction of the Improvements upon the Property but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then Company will not be eligible for reimbursement as provided in Section 2. If development has commenced but is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction is to be completed by the Completion Date shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension, then Company will not be eligible for reimbursement as provided in Section 2. 4. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that, prior to the date set forth in Section 2 of Exhibit "B", it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the aggregate amount of $855,720 ("Minimum Actual Value"), through: (i) willful destruction of the Property, Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign the agreement attached as Exhibit "B" at closing. 5. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 2 6. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 7. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 1193 Lakeview Drive, Buckingham, Iowa, 50612, Attention: Manager. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. 8. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 9. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any 3 default by another party shall not affect or impair any rights arising from any subsequent default. 10. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 11. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 12. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 13. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 14. Entire Agreement. This Agreement, together with the Minimum Assessment Agreement attached hereto as Exhibit "B", constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 15. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA ELIZABETH By: By: KE, L.L.C. Ernest G. Clark, Mayor Blake Miehe, Manager Attest: Suzy Schares, City Clerk 4 EXHIBIT "A" Legal Description of Property to be Improved See Exhibit A-1 attached hereto. EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2014, by and among the CITY OF WATERLOO, IOWA ("City"), ElizabethBlake, L.L.C. ("Developer"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Developer have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Developer will undertake the development of an area ("Project") within the City and within the Downtown Waterloo Urban Renewal and Redevelopment Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Developer desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Developer, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Developer as a part of the Project shall not be less than $855,720.00 ("Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements on the Property will be substantially completed on or before December 31, 2014. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2019. Nothing herein shall be deemed to waive the Developer's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Developer seek or cause the reduction of the actual value assigned below the Minimum Actual Vaiue established herein during the term of this Agreement. The City shall not unreasonably withhold its consent to permit the Developer to contest its taxable valuations in full, commencing with the assessment of January 1, 2020. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. It may not be modified or amended except by the mutual written agreement of the parties. ATTEST: By: Suzy Schares, City Clerk CITY OF WATERLOO, IOWA By: Ernest G. Clark, Mayor ELIZABETHBLAKE, L.L.C. By Blake Mie e, Manager STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On , 2014, before me, a Notary Public in and for the State of Iowa, personally appeared Ernest G. Clark and Suzy Schares, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. STATE OF IOWA COUNTY OF ) ss. Notary Public Acknowledged before me on 2014 by Black Miehe as Manager of ElizabethBlake, L.L.C. Notary Public CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable for the property as a whole, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than Eight Hundred Fifty -Five Thousand Seven Hundred Twenty Dollars ($855,720.00). Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2014. Notary Public Print Transformed Image EXHIBIT A-1'' Legal Description to 2005 Weetf1 ld Aaeaue, Waterloo, Iowa Commencing at a point on a line that is parallel with and 325.0 feet Northeasterly from the center line of the Chicago, Rock Island & Pacific Railway, said point being 297.4 feet from the intersection of said parallel line with the North and South center line of said Section No. 22: thence South parallel with- the Borth and South Center line of said Section No. 22,. 130,3 feet. thence Northwesterly on a line that is parallel with the center line of the Chicago, Rock Island & Pacific Railway 472.3 feet to a point on a line that is parallel with the North and South center line of said Section No. 22/and 769,3 feet from the North and South center line of said Section 2.2, measured along the Chicago, Rock Island & Pacific Railway, thence North parallel with said Center line of Section No. 22. 187.52 feet: thence Southeasterly along the rig.ht--of•way of the Waterloo, Cedar Falls & Northern Railway 204.1 feet. thence Southparallel with the Worth and. South center line of said Section No. 22, 37,62 feet., to .a pointthat is on a line that is parallel with and 325.0 feet Northeasterly fro the center tine of the Chicago, Rock Island and Pacific Railway said point being 565.0 feet from the intersection of said parallel line with the North and South center line said Section No. 22, thence Southeasterly along the line that is parallel with and 325.0 feet from the center line of the Chicago, Rock Island and Pacific Railway 267.8 feet to point of coMmencement. Excepting that part thereof conveyed; to the Waterloo, Cedar. Falls & Northern Railway Company by Warranty peed:recorded in 84 1D 221. AND;: A part of the Northeast Quarter of the Southwest Quarter -of Section No'. 22 Township. No. 89 North, Range NO, 13 West of the Fifth Principal Meridian, in Black Hawk County, Iowa, described.as follows: Commencfng at a point do the north' asterly line of the Right of Way of the Chicago, Rock Island & Pacific ; Rnilway that is 769.7 feet Northwest of the North and South center line of said Section (Measured along -the Northeasterly line Right of Hon:. thence North along a line that is parallel with the North and South center line of said Section a distance of 216.4 feet; thence Southeasterly along a line that is parallel with the Northeasterly line of said Right of Way a distance of 472.3 feet: thence South along a line that is parallel with the North and South center line of said Section a distance of 215.4 feet to the Northeasterly line of said right of way: thence Northwesterly along the Northeasterly line of said Right of Way a distance of 472.3 feet to the point of beginning, except for the land conveyed to the State of Iowa described In 553 LD 360. Page 1 of 1 http://24.149.10.230/external/HTML5Viewer/ImageViewer.aspx?bHideCartFunctions=False&blsRefresh=False 2/19/2014 STATE OF IOWA, } Black Hawk County, SS NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that on the 16th day of June, 2014, at 5:30 p.m., in the Council Chambers in the City Hall in the City of Waterloo, Iowa, a public hearing will be held by the Council of the City of Waterloo, Iowa, to enter into a Develop- ment Agreement with ElizabethBlake, LLC for the construction of a 7,500 Sq. ft. industrial building at 2005 Westfield Avenue, adding $220,000 of taxable value to the site, and offering a grant up to $40,000 for sanitary sewer line relocation, legally described as follows: Commencing at a point on a line that is parallel with and 325.0 feet Northeasterly from the center line of the Chicago, Rock Island & Pacific Railway, said point being 297.4 feet from the intersection of said parallel line with the North and South center line of said Section No. 22; thence South parallel with the North and South center line of said Section No. 22, 130.3 feet, thence Northwesterly on a line that is parallel with the center line of the Chicago, Rock Island & Pacific Railway 472.3 feet to a point on a line that is parallel with the North and South center line of said Section No. 22 and 769.7 feet from the North and South center line of said Section 22, measured along the Chicago, Rock Island & Pacific Railway, thence North parallel with said Center line of Section No. 22, 1167.52 feet; thence Southeasterly along the right-of-way of the Waterloo, Cedar Falls & Northern Railway 204.7 feet, thence South parallel with the North and South center line of said Section No. 22, 37.62 feet, to a point that is on a line that is parallel with and 325.0 feet Northeasterly from the center line of the Chicago, Rock Island & Pacific Railway said point being 565.0 feet from the intersection of said parallel line with the North and South center line said Section No. 22, thence Southeasterly along the line that is parallel with and 325.0 feet from the center line of the Chicago, Rock Island & Pacific Railway 267.6 feet to point of commencement. Excepting that part thereof conveyed to the Waterloo, Cedar Falls, & Northern Railway Company by Warranty Deed recorded in 84 LD 221. AND I A part of the Northeast Quarter of the Southwest Quarter of Section No. 22, Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, in Black Hawk County, Iowa, described as follows: Commencing at a point on the Northeast- erly line of the right-of-way of the Chicago, Rock Island & Pacific Railway that is 769.7 feet Northwest of the North and South center line of said Section (Measured along the Northeasterly line right-of-way); thence North along a line that is parallel with the North and South center line of said Section a distance of 215.4 feet; thence Southeasterly along a line that is parallel with the Northeasterly line of said right-of-way a distance of 472.3 feet; thence South along a line that is parallel with the North and South center line of said Section a distance of 215.4 feet to the Northeasterly line of said right-of-way; thence Northwesterly along the Northeasterly line of said right-of-way a distance of 472.3 feet to the point of beginning, except for the land conveyed to the State of Iowa described in 553 LD 360. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall, Waterloo, Iowa, before the date set for said hearing. By order of the Council of the City of Waterloo this 2nd day of June, 2014. Suzy Schares City Clerk I do solemnly swear that the annexed copy of legal City of Waterloo Public Hearing: Elizabeth Blake, LLC. 2005 Westfield Ave. Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 5th day of June, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $43.02 Ctutintsi Signed Subscribed and sworn to before me this 1 < Day of A.D., 20 14 Received of c� Notary Public the sum of Dollars. In full for publication of the above notice. owe IJODI E MCKINSrr COM"A!SS!ON NO.71/ :113,f Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-492 RESOLUTION APPROVING DEVELOPMENT AGREEMENT WITH ELIZABETHBLAKE, LLC OF BUCKINGHAM, IOWA AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Development Agreement dated June 16, 2014, for the construction of a 7,500 square foot industrial building at 2005 Westfield Avenue, adding $220,000.00 of taxable value to the site, and offering a grant up to $40,000.00 for sanitary sewer line relocation, by and between ElizabethBlake, LLC of Buckingham, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 16th day of June, 2014. nest G. Clark, Mayor ATTEST: Suzy Scha es, CMC City Clerk Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 . NOEL C. ANDERSON, Community Planning & Development Director INN Council Communication City Council Meeting: une Prepared: Ma 28 201 Dept. Head Signature:` # of Attachments: SUBJECT: Request to preliminarily approve plans, specifications, form of contract, etc., and to set a date of public hearing for Tune 16, 2014, and publish an official notice pertinent to the taking of bids and request to receive and open the bid proposals for Asbestos Abatement Services for properties located at 223 Independence Avenue3137 Independence Avenue, 2375 Independence Avenue, 4012 Leversee Road, 210 Clay Street nd 421 Almond Street. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution setting date of hearing as Tune 16, 2014 to approve Request for Proposals for Asbestos Abatement Services at 223 Independence Avenue, 3137 Independence Avenue, 2375 Independence Avenue, 4012 Leversee Road, 210 Clay Street and 421 Almond Street., and instruct City Clerk to publish notice. Summary Statement: These properties where acquired through the Iowa Code 657A and staff is now preparing to demolish them. State code requires that the asbestos must be abated prior to demolition after a survey has been completed by a certified asbestos company. Expenditure Required: To be determined Source of Funds: The asbestos abatement activities of this site will be undertaken by the City of Waterloo using G.O. funds, for nuisance abatement. Policy Issue: Nuisance abatement and infill -development Alternative: N/A cc: NOEL C. ANDERSON, Community Planning & Development Director RUDY JONES-, Community Development Director IRe.vb U -e -Pro 1.0;•60 ct _hod uer-P' j Q etUA CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer STATE OF IOWA, } Black Hawk County, SS NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS for the taking of Request for Proposals for ASBESTOS ABATEMENT SERVICES FOR THE FOLLOWING PROPERTIES: 223 INDEPENDENCE AVENUE, 3137 INDEPENDENCE AVENUE, 2375 INDEPENDENCE AVENUE, 4012 LEVERSEE ROAD, 210 CLAY STREET, AND 421 ALMOND STREET Sealed bids must be received by the City Clerk of the City of Waterloo at her office at City Hall, 715 Mulberry Street, Waterloo, Iowa 50703 no later than Thursday, June 12, 2014 at 1:00 p.m., at which time bids will be opened in the First Floor Conference Room at City Hall, for Asbestos Abatement Services for the following properties: 223 Independence Avenue, 3137 Independence Avenue, 2375 Independence Avenue, 4012 Lev- ersee Road, 210 Clay Street, and 421 Almond Street. Notice is hereby given that the Council of the City of Waterloo, Iowa will conduct a public hearing on the Request for Proposal document, plans, specifications, form of contract, etc. for Asbestos Abatement Services for the following properties: 223 Independence Avenue, 3137 Independence Avenue, 2375 Inde- pendence Avenue, 4012 Leversee Road, 210 Clay Street, and 421 Almond Street at 5:30 p.m. on June 16, 2014, in the Council Chambers in the City Hall in the City of Waterloo, Iowa. The proposed Request for Proposal document, plans, specifications, form of contract, etc. is on file in the office of the City Clerk for public examination. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall, Waterloo, Iowa, before the date set for said hearing. By order of the Council of the City of Waterloo this 2nd day of June, 2014. Suzy Schares City Clerk I do solemnly swear that the annexed copy of legal City of Waterloo Public Hearing & Notice to Bidders: Asbestos Abatement Services Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 5th day of June, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $23.13 cwmA.- 6- cf R— Signed Subscribed and sworn to before me this IQ Day of V1U A.D., 20 I q Received of Notary Public the sum of Dollars. In full for publication of the above notice. JODI E MCKINST Y COMM!SSIO O 3 MY CCM Proposals for Asbestos Abatement Services for the following properties: 3137 Independence Avenue, 2375 Independence Avenue, 4012 Leversee Road, and 421 Almond Street June 12, 2014 Bid Tab Estimate: $12,000.00 Bid Security Not Required Bidder Bid Security Bid Amount AAA Budget Environmental, Inc. 1900 Walnut St. Cedar Falls, IA 50613 N/A $9,550.00 Active Thermal Concepts 2805 Stonegate Ct. Hiawatha, IA 52233 N/A $15,310.00 Advanced Environmental 803 Ricker Street Waterloo, IA 50703 N/A $8,888.00 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-493 RESOLUTION CONFIRMING APPROVAL OF REQUEST FOR PROPOSAL DOCUMENT, PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH ASBESTOS ABATEMENT SERVICES FOR THE FOLLOWING PROPERTIES: 3137 INDEPENDENCE AVENUE, 2375 INDEPENDENCE AVENUE, 4012 LEVERSEE ROAD, AND 421 ALMOND STREET. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Community Planning & Development Director of said City to prepare proposed Request for Proposal document, plans, specifications, form of contract, estimate of cost, etc., in conjunction with Asbestos Abatement Services for the following properties: 3137 Independence Avenue, 2375 Independence Avenue, 4012 Leversee Road, and 421 Almond Street, in the City of Waterloo, Iowa, and WHEREAS, said Community Planning & Development Director did file said preliminary Request for Proposal document, plans, specifications, form of contract, estimate of cost, etc. in conjunction with Asbestos Abatement Services for the following properties: 3137 Independence Avenue, 2375 Independence Avenue, 4012 Leversee Road, and 421 Almond Street, which were preliminarily approved by Resolution No. 2014-433 on June 2, 2014, and WHEREAS, a public hearing, upon notice, was held on June 16, 2014. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed Request for Proposal document, plans, specifications, form of contract, estimate of cost, etc. in conjunction with Asbestos Abatement Services for the following properties: 3137 Independence Avenue, 2375 Independence Avenue, 4012 Leversee Road, and 421 Almond Street, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 16th day of June, 2014. ATTEST: 46, Ernest Suzy Sc City Cl res, CMC k . Clark, Mayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-493A RESOLUTION AUTHORIZING TO PROCEED IN CONJUNCTION WITH ASBESTOS ABATEMENT SERVICES FOR THE FOLLOWING PROPERTIES: 3137 INDEPENDENCE AVENUE, 2375 INDEPENDENCE AVENUE, 4012 LEVERSEE ROAD, AND 421 ALMOND STREET. WHEREAS, by Resolution No. 2014-493, Request for Proposal document, plans, specifications, form of contract, etc., in conjunction with Asbestos Abatement Services for the following properties: 3137 Independence Avenue, 2375 Independence Avenue, 4012 Leversee Road, and 421 Almond Street, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on June 16, 2014 as prescribed by statute. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that it is deemed advisable and necessary and it is so ordered on motion by this Council that the said project proceed in accordance with said plans and specifications. PASSED AND ADOPTED this 16th day of June, 2014. Ernest G. Clark, Mayor ATTEST: Suzy S ares, CMC City Cl rk (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Waterloo, Iowa. Date of Meeting: June 16, 2014. Time of Meeting: 5:30 P.M. Place of Meeting: Council Chambers, City Hall, Waterloo, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: General Obligation Bonds, Series 2008A • Public hearing on the proposed reallocation of unspent proceeds. ® Resolution instituting proceedings to take additional action. Such additional matters as are set forth on the additional 6 page(s) attached hereto. This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. Suzy Scharer CMC City Clerk June 16, 2014 The City Council of Waterloo, Iowa, met in regular session, in the Council Chambers, City Hall, Waterloo, Iowa, at 5:30 P.M., on the above date. There were present Mayor Ernest G. Clark, in the chair, and the following named Council Members: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart. Absent: none The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the proposed reallocation of not to exceed $75,000 of the unspent proceeds on the General Obligation Bonds, Series 2008A, in order to provide funds to pay costs of repaving the parking lot at the Public Library, and that notice of the proposed action by the Council to institute proceedings for the proposed reallocation had been published pursuant to the provisions of Sections 364.6 and 384.25 of the City Code of Iowa. The Mayor then asked the Clerk whether any written objections had been filed by any City resident or property owner to the proposed reallocation. The Clerk advised the Mayor and the Council that no written objections had been filed. The Mayor then called for oral objections to the proposed reallocation and none were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Welper introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION AND APPROVING THE REALLOCATION OF CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2008A OF THE CITY OF WA I'ERLOO, IOWA", and moved: that the Resolution be adopted. to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the proposed reallocation to the meeting to be held at o'clock .M. on the day of , 2014, at this place. Council Member Hart seconded the motion. The roll was called and the vote was, AYES: Cole, Jones, Schmitt, Lind, Morrissey, Welper, Hart NAYS: none Whereupon, the Mayor declared the measure duly adopted. RESOLUTION NO. 2014-494 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION AND APPROVING THE REALLOCATION OF CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2008A, OF THE CITY OF WATERLOO, IOWA WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the reallocation of certain unspent proceeds, in the amount of not to exceed $75,000 (the "Unspent Proceeds") of the General Obligation Bonds, Series 2008A, of the City of Waterloo, Iowa, in order to provide funds to pay costs of repaving the parking lot at the Public Library, and has considered the extent of objections received from residents or property owners as to said proposal and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the reallocation of the Unspent Proceeds of the General Obligation Bonds, Series 2008A, for the foregoing purpose, and the reallocation of the Unspent Proceeds to pay costs of repaving the parking lot at the Public Library is in all respects authorized and approved. Section 2. The Chief Financial Officer is authorized and directed to take such action as may be necessary to effect and implement the foregoing reallocation of the Unspent Proceeds to pay costs of repaving the parking lot at the Public Library, and to cause the records and accounts of the City to reflect the same. PASSED AND ADOPTED this 16th day of June, 2014. ffnest G. Clark, Mayor ATTEST: Suzy Schares CMC City Clerk STATE OF IOWA COUNTY OF BLACK HAWK CERTIFICATE ) SS CIG -3 I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. 2014. SEAL WITNESS my hand and the seal of said Municipality hereto affixed this 16th day of June, Suzy Schares,FMC City Clerk STATE OF IOWA, } Black Hawk County, SS NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY Of WATERLOO, IOWA, ON THE MATTER OF THE PROPOSED REALLOCATION OF CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2008A, OF THE CITY OF WATERLOO, IOWA, AND THE PUBLIC HEARING THEREON. PUBLIC NOTICE is hereby given that the Council of the City of Waterloo, Iowa, will hold a public hearing on the 16th day of June, 2014, at 5:30 p.m., in the Council Chambers, City Hall, Waterloo, Iowa, at which meeting the Council proposes to take additional action for the reallocation of certain unspent proceeds of the General Obligation Bonds, Series 2008A (the "Series 2008A Bonds") of the City of Waterloo, Iowa, in the aggregate amount of not to exceed $75,000, in order to pay costs of repaving the parking lot at the Public Library. Any person interested may appear at the public hearing, either orally or in writing, and be heard as to the reallocation of said proceeds of the Series 2008A Bonds for the above purpose. This Notice is given by order of the Council of Waterloo, Iowa, as provided by Sections 364.6 and 3S4.25 of the Code of Iowa, 2013, as amended. Dated this 9th day of June, 2014. Suzy Schares City Clerk of Waterloo, Iowa I do solemnly swear that the annexed copy of legal City of Waterloo Notice of Meeting: Proposed reallocation of unspent proceeds: 2008A Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 11th day of June, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $15.73 Signed Subscribed and sworn to before me this I 3 Day of AIL( A.D., 20 14 C/ocLO flWJ(,,/k14Lu Notary Public Received of the sum of Dollars. In full for publication of the above notice. 001 E MCKINSTRY COMMISSION NO.7f24.I 3 i MY COMM S f i9 F 'i' 5 CITY OF WATERLOO Council Communication City Council Meeting: June 16, 2014 Prepared: June 4, 2014 Dept. Head Signature: # of Attachments: SUBJECT: Request the City Council adopt resolution approving Change Order for a net decrease of $29,121.39 for work performed by Larson Construction Company of Independence, Iowa for the FY2011 City of Waterloo Public Works Facility Construction Project, Contract No 810 Submitted by: Mark Rice, Public Works Director Recommended City Council Action: Approval Summary Statement: Net decrease is a result of value engineering and unused contingencies. Expenditure Required: N/A Source of Funds: N/A Policy Issue: N/A Alternative: N/A Background Information: This construction project, originally bid as base bid and alternates 1-2- 3-4-5 by Larson Construction Company, Independence, IA total $8,672,000. As a result of this net decrease, the final construction cost of the project is $8,642,878.61 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-495 CITY OF WATERLOO Council Communication City Council Meeting: ne 16 201 Prepared: lune 4 2014 Dept. Head Signature: # of Attachments: SUBJECT: Re do t rethesoCi Council ado t resolution alutioof Acce. stance of Work Com •an of Inde •endence Iowa for hNo 882 011 Ci of at a total cost of Facili Construction Pro'ect Contrac authorize release of retainage. Submitted by: Mark Rice Public Works Director Recommended City Council Action: Approval Summary Statement: Construction as bid is complete and all punch list items corrected. Expenditure Required: Project retainage: $419,263.11 Source of Funds: 2014 GO Bond Proceeds Policy Issue: N/A Alternative: N/A Background Information: Larson Construction Company has met all obligations as per contract for this construction project. • • S. • rovin Corn erformed b Larson Construction Waterloo Public Works 878.61 and • letion of Pro'ect and 8 6A 2 Document G704 - 2000 Certificate of Substantial Completion ECT: . PROJECT NUMBER: / ame and address) CONTRACT FOR: General Construction of Waterloo Public Works CONTRACT DATE: May 27, 2014 625 Glenwood Avenue Waterloo, IA 50702 - -,TOLOWNER . TO CONTRACTOR: _ (Name and gddress) . (Name and address) . city of Waterloo Larson Construction Co., Inc. :-- 1314.-`fllack Hai k Street P.O. Box 112 Waterloo; IA 50703 . Independence, IA 50644 OWNER: El ARCHITECT: ❑ CONTRACTOR: ❑ FIELD: ❑ OTHER: ❑ :PROJECT-=OR'PORTION.OF THE PROJECT DESIGNATED FOR PARTIAL OCCUPANCY OR USE SHALL INCLUDE: City of Waterloo Public Works Facility The Work performed under this Contract has been reviewed and found, to the Architect's best knowledge, information and belief ::to -be substantially complete. Substantial Completion is the stage in the progress of the Work when the Work or designated portion is sufficiently complete in: accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its Intended use The date of,Substantial Completion of the Project or portion designated above is the date of issuance established by this:Ceitificate, which is also the date of commencement of applicable warranties required by the Contract Documents, except as 'stated Blow: = .iiarranty.. :1 Tiding Warranty Kueny Ateliitects;.LLC A:ACHITECT Date of Commencement May 27, 2914 :A list Of items to:be completed or corrected is attached hereto. The failure to include any items on such list does not alter the iesponsibiiity of the Contractor to complete all Work in accordance with the Contract Documents. Unless otherwise agreed to in w.iiting, the date of commencement of warranties for items on the attached list will be the date of issuance of the final Certificate of l?ayment or the date of final payment. Cost estimate of Work thatis incomplete or defective: $0.00 4.4 s DATE OF I SUANCE The Contractor:will complete or correct the Work o r the list of i Substantial Completion. Larson Construction d hereto within Zero (0) days from the above date of Owner ace pts the Work or designated portion as substantially complete and will assume full possession at ,:(date). .... City of Waterloo OWNER BY (time) on DATE The responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance shall be as follows: (Note: Owner's and Contractor's legal and insurance counsel should determine and review insurance requirements and coverage.) AIA Document G704'' — 2000. Copyright ®1963, 1978, 1992 and 2000 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was 1 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-496 RESOLUTION APPROVING THE RECOMMENDATION OF ACCEPTANCE AS TO WORK AND MATERIALS FURNISHED BY LARSON CONSTRUCTION COMPANY OF INDEPENDENCE, IOWA, IN CONJUNCTION WITH THE F.Y. 2011 WATERLOO PUBLIC WORKS FACILITY, CONTRACT NO. 810, ACCEPTING THE WORK, AND RELEASING THE $419,263.11 RETAINAGE. WHEREAS, Larson Construction Company of Independence, Iowa, has under contract with the City of Waterloo, Iowa, furnished certain materials and performed labor at a total cost of $8,642,878.61 in conjunction with the F.Y. 2011 Waterloo Public Works Facility, Contract No. 810, in the City of Waterloo, Iowa. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Certificate of Completion and Recommendation of Acceptance be and the same hereby approved. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the retainage of $419,263.11 for the project be hereby released. PASSED AND ADOPTED this 16th day of June, 2014. Ernest ATTEST: Suzy Sc City Clerk . Clark, Mayor CITY OF WA 1 ERLOO Council Communication City Council Meeting: 6/16/14 Prepared: 6/6/14 Dept. Head Signature: PH # of Attachments: 0 SUBJECT: Resolution -to approve and authorize Mayor Clark to sign a Memorandum of Understanding with INRCOG for grant writing services related to a State of Iowa REAP grant application requesting up to $200,000 for improvements to Sherwood Park Recreation Area Submitted by: Paul Huting Recommended City Council Action: Pass said Resolution Summary Statement: A copy of the MOU is available for review in the City Clerk's Office. This project will involve improvements to the City portion of Sherwood Park Recreation Area. A picnic shelter, soft trail along the Cedar River, and parking area would be included. Expenditure Required: not to exceed $2,000. Source of Funds: WDC Policy Issue: NA Alternative: NA Background Information: The City of Waterloo Leisure Services Commission has a master plan to improve the area of Sherwood Park vacated due to FEMA flood buyouts. We will be requesting REAP funds to improve the area. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-497 RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING WITH IOWA NORTHLAND REGIONAL COUNCIL OF GOVERNMENTS (INRCOG) AND DIRECTING EXECUTION OF SAID MEMORANDUM OF UNDERSTANDING BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Memorandum of Understanding dated June 16, 2014, in an amount not to exceed $2,000.00, for the writing, preparation, and submittal of a REAP grant application requesting $200,000.00 for improvements to the Sherwood Park Recreation Area, by and between Iowa Northland Regional Council of Governments (INRCOG) of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 16th day of June, 2014. ikedl Ernest G. Clark, Mayor ATTEST: Suzy Sc . es, CMC City Clark CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 Council Communication City Council Meeting: Prepared: Dept. Head Signature: June 16, 2014 June 4, 2014 Number of Attachments: One SUBJECT: Approval of Legal Services Agreement with James E. Walsh, Jr. and Clark, Butler, Walsh & Hamman Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Action: Adoption of a resolution to approve the agreement with City Attorney James E. Walsh, Jr. and Clark, Butler, Walsh & Hamman for legal services at the rates of $1,750/month retainer, $130/hour for attorney services and $70/hour for paralegal services. Summary Statement: A number of years ago, the State Auditor recommended that an agreement be developed that outlines the services provided by the City Attorney and the applicable rates. The last agreement was approved in 2009. Jim is requesting to update the agreement and applicable rates effective July 1, 2014. Expenditure Required: Rates as outlined above Source of Funds: Primarily the general fund, with certain billings charged to other sources as used (for example, property acquisition services charged to TIF, bonds or grants, respectively). Policy Issue: Alternative: Background Information: None CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Legal Services Agreement The undersigned agrees, on behalf of himself and the law firm of which he is a member, to provide legal services as City Attorney on an "as needed" basis for the City of Waterloo and its related entities for the period starting July 1, 2014, until terminated by the parties, for the following rates: Retainer: $1,750.00 monthly (payable to James E. Walsh, Jr.) Hourly: $130.00 for attorneys, $70.00 for paralegals (payable to Clark, Butler, Walsh & Hamman) The retainer payment is intended as a minimum payment (hourly charges will be in addition to this amount) to assure continued service and availability with the understanding that the City Attorney and all members of his private law firm are conflicted out of any representation of other parties in any situation in which the City of Waterloo is a party. Short phone calls and consultations (less than 1/4 hour each) and attendance of the undersigned at regularly scheduled City Council meetings are also included in the retainer charge and will be handled without additional charges to the City on those items only. Monthly invoices of hourly charges and advances will be submitted by the undersigned and members of his firm who are assigned by the City Attorney from time to time. Payment is due upon receipt of invoice and delinquent after 30 days. Any payment arrangement other than payment in full is subject to approval of the undersigned. "Advances" include, without limitation, out-of-pocket expenses such as filing fees, deposition or court transcripts, long- distance telephone calls, wireless communications access, access to electronic research databases, copy costs, postage and appraisals. Advances will be itemized and billed to the City in the same manner as fees. Detailed hourly billing records will be submitted for approval and record purposes. (The narrative detail of those bills, but not the charge amounts or calculations, shall be confidential for the use of the Finance Committee only unless prohibited by law.) Other outside counsel may be used when conflicts occur that require their use, when specialty matters arise which require particular special expertise, or otherwise as required due to scheduling conflicts. Unless otherwise instructed in writing, the undersigned will retain client files for five (5) years after the conclusion of the matter or the termination of representation of the City. The City hereby grants the undersigned permission to destroy the files after expiration of that period. Agreed and accepted this day of , 2014. James E. Walsh, Jr. Mayor, City of Waterloo Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-498 RESOLUTION APPROVING AGREEMENT WITH CITY ATTORNEY JAMES E. WALSH, JR. AND CLARK, BUTLER, WALSH & HAMMAN AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Agreement dated June 16, 2014, for legal services with James E. Walsh, Jr. and Clark, Butler, Walsh & Hamman at the rates of $1,750.00 per month retainer, $130.00 per hour for attorneys and $70.00 per hour for paralegal services, by and between James E. Walsh, Jr. and Clark, Butler, Walsh & Hamman of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 16th day of June, 2014. Ernest G. Clar ATTEST: Suzy Sch res, CMC City Cle k , Mayor CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: June 16, 2014 June 10, 2014 "-t/lqt,e11, Documents are available in CFO's office SUBJECT: Issuance of General Obligation Bonds, Series 2014A, 2014B and 2014C Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Action: I recommend that the following resolutions be adopted to complete the actions to issue the general obligation bonds sold June 4, 2014: $10,065,000 General Obligation Bonds, Series 2014A. 1. Resolution to appoint Bankers Trust Company, of Des Moines, Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent; approve the Paying Agent and Bond Registrar and Transfer Agent Agreement and authorize the Execution of the Agreement. 2. Resolution to authorize the issuance of said bonds and levying a tax to pay said bonds, approve the Tax Exemption Certificate, the Continuing Disclosure Certificate and Funding Trust Agreement securing the refunding of General Obligation Bonds, Series 2006A. $4,970,000 General Obligation Bonds, Taxable Series 2014B. 1. Resolution to appoint Bankers Trust Company of Des Moines, Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent; approve the Paying Agent and Bond Registrar and Transfer Agent Agreement; and authorize the Execution of the Agreement. 2. Resolution to authorize the issuance of said bonds and levying a tax to pay said bonds; approve the Continuing Disclosure Certificate and approve the Funding Trust Agreement securing the refunding of Capital Loan Notes, Series 1998. $8,515,000 General Obligation Refunding Bonds, Series 2014C. 1. Resolution to appoint Bankers Trust Company of Des Moines, Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent; approve the Paying Agent and Bond Registrar and Transfer Agent Agreement; and Authorize the Execution of the Agreement. 2. Resolution to authorize and provide for issuance of said bonds and levying a tax to pay said bonds, approve the Tax Exemption Certificate and approve the Continuing Disclosure Certificate and approve the Refunding Trust Agreement securing the advance refunding of General Obligation Bonds, Series 2007A. CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Council Communication Actions Requested for Issuance of Bonds Page Two Summary Statement: These actions are necessary to approve the issuance of the general obligation bonds sold June 4, 2014. Expenditure Required: N/A Source of Funds: N/A Policy Issue: N/A Alternative: N/A Background Information: Public hearings and actions authorizing the intended issuance of bonds to for these issues were approved by the City Council at the May 12, 2014 council meeting and the sale of the bonds was approved at the June 4, 2014 special council meeting. These actions are required to complete the issuance of the bonds. June 16, 2014 The City Council of the City of Waterloo, State of Iowa, met in ,A n/ a`c, session, in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, I)wa, at :,30 o'clock .M., on the above date. There were present Mayor Ernest G. Clark, in the chair, and the following named Council Members: • , O--Aim.f.}4 I/ ) DA} `4-PcL__),, Absent: 1 Council Member introduced the following resolution entitled "RESOLUTION APPOINTING BANKERS TRUST COMPANY OF DES MOINES, IOWA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANSFER AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF HE AGREEMENT", and moved that the resolution be adopted. Council Member`---; f seconded the motion to adopt. The roll was called and the vote was, AYES: f ek 6 )4 tv , (_ 1 f) -(p f NAYS: )11 KALJA—Le.A Whereupon, the Mayor decled the resolution duly adopted as follows: } $O1141io14t\/t-X1LH 9 RESOLUTION APPOINTING BANKERS TRUST COMPANY OF DES MOINES, IOWA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANSFER AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT WHEREAS, $10,065,000 General Obligation Bonds, Series 2014A, dated June 27, 2014, have been sold and action should now be taken to provide for the maintenance of records, registration of certificates and payment of principal and interest in connection with the issuance of the Bonds; and WHEREAS, this Council has deemed that the services offered by Bankers Trust Company of Des Moines, Iowa, are necessary for compliance with rules, regulations, and requirements governing the registration, transfer and payment of registered bonds; and WHEREAS, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter "Agreement") has been prepared to be entered into between the City and Bankers Trust Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA: Section 1. That Bankers Trust Company of Des Moines, Iowa, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the issuance of $10,065,000 General Obligation Bonds, Series 2014A, dated June 27, 2014. -2- Section 2. That the Agreement with Bankers Trust Company of Des Moines, Iowa, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. PASSED AND APPROVED this 16th day of June, 2014. ATTEST: (�P Suzy Schare4, City Clerk l ,/1 (I Ernest G. Clark, Mayor 0_,. Council Member introduced the following Resolution entitled "RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $10,065,000 GENERAL OBLIGATION BONDS, SERIES 2014A, AND LEVYING A TAX TO PAY SAID BONDS, AND APPROVAL OF THE TAX EXEMPTION CERTIFICATE, CONTINUING DISCLOSURE CERTIFICATE, AN)) FUNDING TRUST AGEEEMENT" and moved that it be adopted. Council Member -- seconded the motion to adopt, and the roll being called thereon, the vote was as follows: AYES: NAYS: ‘PIA),Id_uA Whereupon, the Mayor declared said Resolution duly adopted as follows: i50 r`011 NO -01014,..t,0 RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $10,065,000 GENERAL OBLIGATION BONDS, SERIES 2014A, AND LEVYING A TAX TO PAY SAID BONDS; AND APPROVAL OF THE TAX EXEMPTION CERTIFICATE, CONTINUING DISCLOSURE CERTIFICATE, AND FUNDING TRUST AGEEEMENT WHEREAS, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and WHEREAS, the City of Waterloo, State of Iowa, is in need of funds to pay costs of the acquisition, improvement and installation of traffic control devices, signage, fixtures, equipment and improvements, including but not limited to traffic signal, traffic safety and street light fixtures, connections, and facility improvements; the acquisition of vehicles and equipment for the Police, Fire Rescue and Street Departments; the rehabilitation and improvement of City parks and the acquisition, repair and replacement of facilities, equipment and improvements commonly found in City parks; the construction, reconstruction and repairing of street, sidewalk, alley, public ground, marketplace, bridge, pedestrian underpass and overpass repairs and reconstruction, and intersection improvements; the acquisition, construction and improvement of real and personal property useful for the protection of property from floods or high waters, including flood control, levees, embankments, waterway, storm water and drainage improvements; the removal or replacement of dead or diseased trees; the acquisition and demolition of dangerous or dilapidated buildings, structures or properties; aiding in the planning, undertaking and carrying out of urban renewal project activities under Chapter 403 of the Code of Iowa, as amended, and the Urban Renewal Plan for the NE Industrial Area Development Plan, -4- such as those costs associated with land acquisition, public infrastructure projects, including streets, streetscape, and utility improvements, including for the following projects: the downtown development plan, demolition costs, and the NE Industrial Park project; refunding of outstanding City indebtedness, including the General Obligation Bonds, Series 2006A; acquisition of vehicles for various city departments, including public works, building inspections, leisure and building maintenance; equipping various city departments, including animal control, public works, city clerk, and finance; building and infrastructure improvements for public works; and acquisition of Information Services equipment and software, including computers, productivity software and telephone system upgrades and improvements; reconstruction, renovation, remodeling, improvement, equipping and repairing of the Downtown Parking Garages, and Entertainment Area parking lot improvements; reconstruction, renovation, remodeling, improvement, equipping and repairing of various City buildings and facilities, including projects at new city facilities, various ADA compliance improvements, public library, fire station improvements; Cultural and Art projects, including at the Center for the Arts, the Youth Pavillion, and the Amphitheatre; and police department improvements, including at the training facility, evidence storage and remodeling projects; reconstruction, renovation and improvements to Sports Facility Improvement Fund, the Boating Center; acquisition of off-road maintenance equipment for the parks, golf course, and downtown departments; and chemical storage building improvements and downtown maintenance infrastructure projects; essential corporate purpose projects, and it is deemed necessary and advisable that the City issue General Obligation Bonds for such purpose to the amount of not to exceed $8,000,00.0, as authorized by Section 384.25 of the Code of Iowa; and WHEREAS, pursuant to notice published as required by Section 384.25 this Council has held a public meeting and hearing on May 12, 2014, upon the proposal to institute proceedings for the issuance of the Bonds, and all objections, if any, to such Council action made by any resident or property owner of the City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of not to exceed $8,000,000 General Obligation Bonds for said purposes, and that such action is considered to be in the best interests of the City and the residents thereof; and WHEREAS, the City of Waterloo, State of Iowa, is in need of funds to pay costs of the aiding in the planning, undertaking and carrying out of urban renewal project activities under Chapter 403 of the Code of Iowa, as amended, and the Urban Renewal Plans for the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Area, the Logan Avenue Urban Renewal Area and Redevelopment Plan, the NE Industrial Area Development Plan, and the Rath Area Redevelopment Plan, such as those costs associated with land acquisition, public infrastructure projects, including streets, streetscape, and utility improvements, including for the following projects: the downtown development plan, downtown acquisitions, continuation of the Rath project, demolition costs, and the NE Industrial Park project; essential corporate urban renewal projects, and it is deemed necessary and advisable that the City issue General Obligation Bonds for such purpose to the amount of not to exceed $1,700,000, as authorized by Sections 384.25 and 403.12 of the Code of Iowa; and WHEREAS, pursuant to notice published as required by Sections 384.25 and 403.12, this Council has held a public meeting and hearing on May 12, 2014, upon the proposal to institute -5- proceedings for the issuance of the Bonds, and no petition was filed calling for a referendum thereon; and it is the decision of the Council that additional action be taken for the issuance of not to exceed $1,700,000 General Obligation Bonds for said purposes, and that such action is considered to be in the best interests of the City and the residents thereof; and WHEREAS, the City of Waterloo, State of Iowa, is in need of funds to pay costs of the refunding of outstanding City indebtedness, including the General Obligation Bonds, Series 2006A; essential corporate purpose project, and it is deemed necessary and advisable that the City issue General Obligation Bonds for such purpose to the amount of not to exceed $3,280,000, as authorized by Section 384.25 of the Code of Iowa; and WHEREAS, pursuant to notice published as required by Section 384.25 this Council has held a public meeting and hearing on May 12, 2014, upon the proposal to institute proceedings for the issuance of the Bonds, and all objections, if any, to such Council action made by any resident or property owner of the City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of not to exceed $3,280,000 General Obligation Bonds for said purposes, and that such action is considered to be in the best interests of the City and the residents thereof; and WHEREAS, the City of Waterloo, State of Iowa, is in need of funds to pay costs of the acquisition of vehicles for various city departments, including public works, building inspections, leisure and building maintenance; equipping various city departments, including animal control, public works, city clerk, and fmance; building and infrastructure improvements for public works; and acquisition of Infoiniation Services equipment and software, including computers, productivity software and telephone system upgrades and improvements, general corporate purpose projects, and it is deemed necessary and advisable that the City issue General Obligation Bonds for such purpose to the amount of $700,000, as authorized by Section 384.26 of the Code of Iowa; and WHEREAS, the City has a population of more than 5,000 but not more than 75,000, and the amount of bonds for these purposes is not more than $700,000; and WHEREAS, pursuant to notice published as required by Section 384.26 (5), this Council has held a public meeting and hearing on May 12, 2014, upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds, and no petition was filed in the manner provided by Section 362.4 of the Code of Iowa; and it is the decision of the Council that additional action be taken for the issuance of not to exceed $700,000 General Obligation Bonds, and that such action is considered to be in the best interests of the City and the residents thereof; and WHEREAS, the City of Waterloo, State of Iowa, is in need of funds to pay costs of the reconstruction, renovation, remodeling, improvement, equipping and repairing of the Five Sullivan Brothers Center, Downtown Parking Garages, the public market, and Entertainment Area parking lot improvements, a general corporate purpose project, and it is deemed necessary and advisable that the City issue General Obligation Bonds for such purpose to the amount of $700,000, as authorized by Section 384.26 of the Code of Iowa; and -6- WHEREAS, the City has a population of more than 5,000 but not more than 75,000, and the amount of bonds for these purposes is not more than $700,000; and 'WHEREAS, pursuant to notice published as required by Section 384.26 (5), this Council has held a public meeting and hearing on May 12, 2014, upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds, and no petition was filed in the manner provided by Section 362.4 of the Code of Iowa; and it is the decision of the Council that additional action be taken for the issuance of not to exceed $700,000 General Obligation Bonds, and that such action is considered to be in the best interests of the City and the residents thereof; and WHEREAS, the City of Waterloo, State of Iowa, is in need of funds to pay costs of reconstruction, renovation, remodeling, improvement, equipping and repairing of various City buildings and facilities, including projects at new city facilities, various ADA compliance improvements, public library, fire station improvements; Cultural and Art projects, including at the Center for the Arts, the Youth Pavillion, and the Amphitheatre; and police department improvements, including at the training facility, evidence storage and remodeling projects, general corporate purpose projects, and it is deemed necessary and advisable that the City issue General Obligation Bonds for such purpose to the amount of $700,000, as authorized by Section 384.26 of the Code of Iowa; and WHEREAS, the City has a population of more than 5,000 but not more than 75,000, and the amount of bonds for these purposes is not more than $700,000; and WHEREAS, pursuant to notice published as required by Section 384.26 (5), this Council has held a public meeting and hearing on May 12, 2014, upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds, and no petition was filed in the manner provided by Section 362.4 of the Code of Iowa; and it is the decision of the Council that additional action be taken for the issuance of not to exceed $700,000 General Obligation Bonds, and that such action is considered to be in the best interests of the City and the residents thereof; and WHEREAS, the City of Waterloo, State of Iowa, is in need of funds to pay costs of the reconstruction, renovation and improvements to City golf courses, Riverfront Stadium, Sports Facility Improvement Fund, the Boating Center; acquisition of off-road maintenance equipment for the parks, golf course, and downtown departments, and for Young Arena; chemical storage building improvements and downtown maintenance infrastructure projects, general corporate purpose projects, and it is deemed necessary and advisable that the City issue General Obligation Bonds for such purpose to the amount of $700,000, as authorized by Section 384.26 of the Code of Iowa; and WHEREAS, the City has a population of more than 5,000 but not more than 75,000, and the amount of bonds for these purposes is not more than $700,000; and -7 WHEREAS, pursuant to notice published as required by Section 384.26 (5), this Council has held a public meeting and hearing on May 12, 2014, upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds, and no petition was filed in the manner provided by Section 362.4 of the Code of Iowa; and it is the decision of the Council that additional action be taken for the issuance of not to exceed $700,000 General Obligation Bonds, and that such action is considered to be in the best interests of the City and the residents thereof; and WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $717,500 General Obligation Bonds, for the essential corporate purposes of paying costs of remediation, replacement and improvement of property, buildings, equipment, and public facilities that have been damaged by a disaster as defined in Section 29C.2 and that are located in an area that the President of the United States has declared a major disaster (FEMA -DR -1763), including the relocated Public Works building/Central Garage Facilities Centralization project, and has considered the extent of objections received from residents or property owners as to the proposed issuance of bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof; and WHEREAS, pursuant to Section 384.28 of the Code of Iowa, t is deemed appropriate that the various General Obligation Bonds hereinabove described be combined for purposes of issuance and sale in a single issue of corporate purpose bonds as hereinafter set forth; and WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned bonds were heretofore sold at public sale and action should now be taken to issue said bonds conforming to the temis and conditions of the best bid received at the advertised public sale: NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: • "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. • "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant or such person's subrogee. ▪ "Blanket Issuer Letter of Representations" shall mean the Representation Letter from the Issuer to DTC, with respect to the Bonds. • "Bond Fund" shall mean the fund created in Section 3 of this Resolution. -8- • "Bonds" shall mean $10,065,000 General Obligation Bonds, Series 2014A, authorized to be issued by this Resolution. "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. • "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate approved under the terms of this Resolution and to be executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. "Current Refunded Portion" shall mean $3,280,000 of the Bonds to refund the Refunded Bonds. "Depository Bonds " shall mean the Bonds as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. • "DTC" shall mean The Depository Trust Company, New York, New York, which will act as security depository for the Bond pursuant to the Representation Letter. • "Issuer" and "City" shall mean the City of Waterloo, State of Iowa. • "New Money Portion" shall mean $6,785,000 of the Bonds issued to pay the costs of the acquisition, improvement and installation of traffic control devices, signage, fixtures, equipment and improvements, including but not limited to traffic signal, traffic safety and street light fixtures, connections, and facility improvements; the acquisition of vehicles and equipment for the Police, Fire Rescue and Street Departments; the rehabilitation and improvement of City parks and the acquisition, repair and replacement of facilities, equipment and improvements commonly found in City parks; the construction, reconstruction and repairing of street, sidewalk, alley, public ground, marketplace, bridge, pedestrian underpass and overpass repairs and reconstruction, and intersection improvements; the acquisition, construction and improvement of real and personal property useful for the protection of property from floods or high waters, including flood control, levees, embankments, waterway, storm water and drainage improvements; the removal or replacement of dead or diseased trees; the acquisition and demolition of dangerous or dilapidated buildings, structures or properties; aiding in the planning, undertaking and carrying out of urban renewal project activities under Chapter 403 of the Code of Iowa, as amended, and the Urban Renewal Plan for the NE Industrial Area Development Plan, such as those costs associated with land acquisition, public infrastructure projects, including streets, streetscape, and utility improvements, including for the following projects: the downtown development plan, demolition costs, and the NE Industrial Park project; acquisition of vehicles for various city departments, including public works, building inspections, leisure and building maintenance; equipping various city departments, including animal control, public works, city clerk, and finance; building -9- and infrastructure improvements for public works; and acquisition of Information Services equipment and software, including computers, productivity software and telephone system upgrades and improvements; reconstruction, renovation, remodeling, improvement, equipping and repairing of the Downtown Parking Garages, and Entertainment Area parking lot improvements; reconstruction, renovation, remodeling, improvement, equipping and repairing of various City buildings and facilities, including projects at new city facilities, various ADA compliance improvements, public library, fire station improvements; Cultural and Art projects, including at the Center for the Arts, the Youth Pavillion, and the Amphitheatre; and police department improvements, including at the training facility, evidence storage and remodeling projects; reconstruction, renovation and improvements to Sports Facility Improvement Fund, the Boating Center; acquisition of off-road maintenance equipment for the parks, golf course, and downtown departments; and chemical storage building improvements and downtown maintenance infrastructure projects. • "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. • "Paying Agent" shall mean Bankers Trust Company, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. • "Project Fund" shall mean, as to the New Money Portion, the fund established under this Resolution for the deposit of a portion of the proceeds to pay the costs thereof. As to the Current Refunded Portion, "Project Fund" shall mean the portion of the proceeds that will be used, together with interest earnings thereon, to pay the principal, interest and redemption premium, if any, on the Refunded Bonds. • "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. • "Refunded Bonds" shall mean $3,310,000 of the $8,200,000 General Obligation Bonds, Series 2006A, dated June 1, 2006. • "Registrar" shall mean Bankers Trust Company of Des Moines, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. • "Resolution" shall mean this resolution authorizing the Bonds. • "Tax Exemption Certificate" shall mean the Tax Exemption Certificate approved under the terms of this Resolution and to be executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds. - 10 - "Treasurer" shall mean the Finance Officer or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. "Trustee" shall mean Bankers Trust Company of Des Moines, Iowa, or such successor as may be approved by the Issuer who shall carry out the duties under the Funding Trust Agreement approved herein in Section 4. Section 2. Levy and Certification of Annual Tax; Other Funds to be Used. (a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Waterloo, Iowa, to -wit: FISCAL YEAR (JULY 1 TO JUNE 30) AMOUNT YEAR OF COLLECTION $1,455,790.53* 2014/2015 $1,034,256.26 2015/2016 $1,038,056.26 2016/2017 $1,026,456.26 2017/2018 $1,009,756.26 2018/2019 $1,008,056.26 2019/2020 $1,011,056.26 2020/2021 $ 549,956.26 2021/2022 $ 546,906.26 2022/2023 $ 543,556.26 2023/2024 $ 539,906.26 2024/2025 $ 540,956.26 2025/2026 $ 541,556.26 2026/2027 $ 541,706.26 2027/2028 $ 541,406.26 2028/2029 *Payable available cash on hand. (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2013 will be collected during the fiscal year commencing July 1, 2014.) (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Black Hawk County, State of Iowa, and said Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and -11- when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of said tax, and for no other purpose whatsoever. (c) Additional City Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION BOND FUND 2014 NO. 1" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from property that is centrally assessed by the State of Iowa. Section 4. Application of Bond Proceeds. Proceeds of the Bonds, other than accrued interest except as may be provided below, shall be credited to the Project Fund and expended therefrom for the purposes of issuance as outlined more fully below. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. $6,821,740.45 of the Proceeds of the Bonds shall be credited to the Project Fund and expended therefrom for the New Money Portion. $3,323,699 of the Proceeds of the Bonds shall be placed with Bankers Trust Company as Trustee pursuant to the Funding Trust Agreement attached hereto as Exhibit A, which is hereby approved. Mayor and City Clerk are directed to execute the same on behalf of the City. Said proceeds shall be held by Trustee and invested pursuant to thereto. Investments shall mature before the date on which the moneys are required for payment of principal and interest on the Refunded Bonds. Accrued interest, if any, shall be deposited in the Bond Fund. Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2013, as amended, or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured in compliance with Chapter 12C of the Code of Iowa, 2013, as amended, or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. - 12 - All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details, Execution and Redemption. (a) Bond Details. General Obligation Bonds of the City in the amount of $10,065,000, shall be issued pursuant to the provisions of Sections 384.25, 384.26, and 384.28 of the Code of Iowa for the aforesaid purposes. The Bonds shall be designated "GENERAL OBLIGATION BOND, SERIES 2014A", be dated June 27, 2014, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2014, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof The Bonds shall mature and bear interest as follows: Principal Interest Maturity Amount Rate June 1st $1,225,000 2.000% 2015 $ 810,000 2.000% 2016 $ 830,000 2.000% 2017 $ 835,000 2.000% 2018 $ 835,000 2.000% 2019 $ 850,000 2.000% 2020 $ 870,000 3.000% 2021 $ 435,000 3.000% 2022 $ 445,000 3.000% 2023 $ 455,000 3.000% 2024 $ 465,000 3.000% 2025 $ 975,000 3.000% 2027* $ 510,000 3.000% 2028 $ 525,000 3.125% 2029 *Tenn Bonds (b) Redemption. (i) Optional Redemption. Bonds maturing after June 1, 2022, may be called for optional redemption by the Issuer on that date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of - 13 - maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' written notice of redemption shall be given to the registered owner of the Bond. Failure to give written notice to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All Bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. Written notice will be deemed completed upon transmission to the owner of record. If less than all of a maturity is called for redemption, the Issuer will notify DTC of the particular amount of such maturity to be redeemed prior to maturity. DTC will deteimine by lot the amount of each Participant's interest in such maturity to be redeemed and each Participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. (ii) Mandatory Payment and Redemption of Term Bonds. All Term Bonds are subject to mandatory redemption prior to maturity at a price equal to 100% of the portion of the principal amount thereof to be redeemed plus accrued interest at the redemption date on June 1st of each of the years in the principal amount set opposite each year in the following schedule: Tenn Bond #1 Principal Interest Maturity Amount Rate June 1st $480,000 3.000% $495,000 3.000% *Final Maturity 2026 2027* The principal amount of Tenn Bonds may be reduced through the earlier optional redemption, with any partial optional redemption of the Tenn Bonds credited against future mandatory redemption requirements for such Term Bonds in such order as the City shall determine. Section 7. Issuance of Bonds in Book -Entry Form; Replacement Bonds. (a) Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid - 14 - amount). The Bonds must be registered in the name of Cede & Co., as nominee for DTC. Payment of semiannual interest for any Bonds registered in the name of Cede & Co. will be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated or in the Representation Letter. (b) The Bonds will be initially issued in the form of separate single authenticated fully registered bonds in the amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of the Bonds will be registered in the registry books of the Bankers Trust Company kept by the Paying Agent and Registrar in the name of Cede & Co., as nominee of DTC. The Paying Agent and Registrar and the Issuer may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal or redemption price of or interest on the Bonds, selecting the Bonds or portions to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under the Resolution of the Issuer, registering the transfer of Bonds, obtaining any consent or other action to be taken by registered owners of the Bonds and for other purposes. The Paying Agent, Registrar and the Issuer have no responsibility or obligation to any Participant or Beneficial Owner of the Bonds under or through DTC with respect to the accuracy of records maintained by DTC or any Participant; with respect to the payment by DTC or Participant of an amount of principal or redemption price of or interest on the Bonds; with respect to any notice given to owners of Bonds under the Resolution; with respect to the Participant(s) selected to receive payment in the event of a partial redemption of the Bonds, or a consent given or other action taken by DTC as registered owner of the Bonds. The Paying Agent and Registrar shall pay all principal of and premium, if any, and interest on the Bonds only to Cede & Co. in accordance with the Representation Letter, and all payments are valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum paid. DTC must receive an authenticated Bond for each separate stated maturity evidencing the obligation of the Issuer to make payments of principal of and premium, if any, and interest. Upon delivery by DTC to the Paying Agent and Registrar of written notice that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to the new nominee in accordance with this Section. (c) In the event the Issuer determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds certificates, the Issuer may notify DTC and the Paying Agent and Registrar, whereupon DTC will notify the Participants, of the availability through DTC of Bonds certificates. The Bonds will be transferable in accordance with this Section. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the Issuer and the Paying Agent and Registrar and discharging its responsibilities under applicable law. In this event, the Bonds will be transferable in accordance with this Section. (d) Notwithstanding any other provision of the Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of and premium, if any, and interest on the Bond and all notices must be made and given, respectively to DTC as provided in the Representation letter. - 15 - (e) In connection with any notice or other communication to be provided to Bondholders by the Issuer or the Paying Agent and Registrar with respect to a consent or other action to be taken by Bondholders, the Issuer or the Paying Agent and Registrar, as the case may be, shall establish a record date for the consent or other action and give DTC notice of the record date not less than 15 calendar days in advance of the record date to the extent possible. Notice to DTC must be given only when DTC is the sole Bondholder. (f) The Representation Letter is on file with DTC and sets forth certain matters with respect to, among other things, notices, consents and approvals by Bondholders and payments on the Bonds. The execution and delivery of the Representation Letter to DTC by the Issuer is ratified and confirmed. (g) In the event that a transfer or exchange of the Bonds is permitted under this Section, the transfer or exchange may be accomplished upon receipt by the Registrar from the registered owners of the Bonds to be transferred or exchanged and appropriate instruments of transfer. In the event Bond certificates are issued to holders other than Cede & Co., its successor as nominee for DTC as holder of all the Bonds, or other securities depository as holder of all the Bonds, the provisions of the Resolution apply to, among other things, the printing of certificates and the method or payment of principal of and interest on the certificates. Any substitute depository shall be designated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute depository shall provide for (i) immobilization of the Depository Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries. (h) The officers of the Issuer are authorized and directed to prepare and furnish to the purchaser, and to the attorneys approving the legality of Bonds, certified copies of proceedings, ordinances, resolutions and records and all certificates and affidavits and other instruments as may be required to evidence the legality and marketability of the Bonds, and all certified copies, certificates, affidavits and other instruments constitute representations of the Issuer as to the correctness of all stated or recited facts. Section 8. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery; and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. Bankers Trust Company is hereby appointed as Bond Registrar under the terms of this Resolution and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Unifoini Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions - for registration and transfer contained in the Bonds and in this Resolution. - 16 - (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the urn -natured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non -Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, - 17 - or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. No Bonds shall be authenticated and delivered by the Registrar unless and until there shall have been provided the following: 1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Treasurer of the Issuer directing the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase price as set forth therein; - 18 - 3. The approving opinion of Ahiers & Cooney, P.C., Bond Counsel, concerning the validity and legality of all the Bonds proposed to be issued. Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. Section 13. Faun of Bond. Bonds shall be printed substantially in the form as follows: Item 1, figure 1= "STATE OF IOWA" "COUNTY OF BLACK HAWK" "CITY OF WATERLOO" "GENERAL OBLIGATION BOND" "SERIES 2014A" "CORPORATE PURPOSE" Item 2, figure 1= Rate: Item 3, figure 1= Maturity: Item 4, figure 1= Bond Date: June 27, 2014 Item 5, figure 1= CUSIP No.: Item 6, figure 1= "Registered" Item 7, figure 1= Certificate No. Item 8, figure 1= Principal Amount: $ Item 9, figure 1= The City of Waterloo, State of Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum of (enter principal amount in long form) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of Bankers Trust Company, Paying Agent of this issue, or its successor, with interest on the sum from the date hereof until paid at the rate per annum specified above, payable on December 1, 2014, and semiannually thereafter on the 1st day of June and December in each year. Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day of the month preceding such interest payment date. Interest shall be computed on the basis of a 360 -day year of twelve 30 - day months. This Bond is issued pursuant to the provisions of Sections 384.25, 384.26, and 384.28 of the Code of Iowa, for the purpose of paying costs of the acquisition, improvement and -19 installation of traffic control devices, signage, fixtures, equipment and improvements, including but not limited to traffic signal, traffic safety and street light fixtures, connections, and facility improvements; the acquisition of vehicles and equipment for the Police, Fire Rescue and Street Departments; the rehabilitation and improvement of City parks and the acquisition, repair and replacement of facilities, equipment and improvements commonly found in City parks; the construction, reconstruction and repairing of street, sidewalk, alley, public ground, marketplace, bridge, pedestrian underpass and overpass repairs and reconstruction, and intersection improvements; the acquisition, construction and improvement of real and personal property useful for the protection of property from floods or high waters, including flood control, levees, embankments, waterway, storm water and drainage improvements; the removal or replacement of dead or diseased trees; the acquisition and demolition of dangerous or dilapidated buildings, structures or properties; aiding in the planning, undertaking and carrying out of urban renewal project activities under Chapter 403 of the Code of Iowa, as amended, and the Urban Renewal Plan for the NE Industrial Area Development Plan, such as those costs associated with land acquisition, public infrastructure projects, including streets, streetscape, and utility improvements, including for the following projects: the downtown development plan, demolition costs, and the NE Industrial Park project; refunding of outstanding City indebtedness, including the General Obligation Bonds, Series 2006A; acquisition of vehicles for various city departments, including public works, building inspections, leisure and building maintenance; equipping various city departments, including animal control, public works, city clerk, and finance; building and infrastructure improvements for public works; and acquisition of Information Services equipment and software, including computers, productivity software and telephone system upgrades and improvements; reconstruction, renovation, remodeling, improvement, equipping and repairing of the Downtown Parking Garages, and Entertainment Area parking lot improvements; reconstruction, renovation, remodeling, improvement, equipping and repairing of various City buildings and facilities, including projects at new city facilities, various ADA compliance improvements, public library, fire station improvements; Cultural and Art projects, including at the Center for the Arts, the Youth Pavillion, and the Amphitheatre; and police department improvements, including at the training facility, evidence storage and remodeling projects; reconstruction, renovation and improvements to Sports Facility Improvement Fund, the Boating Center; acquisition of off-road maintenance equipment for the parks, golf course, and downtown departments; and chemical storage building improvements and downtown maintenance infrastructure projects, in conformity to a Resolution of the Council of said City duly passed and approved. Unless this certificate is presented by an authorized representative of The Depository Trust Company, a limited purpose trust company ("DTC"), to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other Issuer as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. Bonds maturing after June 1, 2022, may be called for optional redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, - 20 - in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The tennis of redemption shall be par, plus accrued interest to date of call. Thirty days' written notice of redemption shall be given to the registered owner of the Bond. Failure to give written notice to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. Written notice will be deemed completed upon transmission to the owner of record. If less than all of a maturity is called for redemption, the Issuer will notify DTC of the particular amount of such maturity to be redeemed prior to maturity. DTC will determine by lot the amount of each Participant's interest in such maturity to be redeemed and each Participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. The Bonds maturing on June 1, 2027 are subject to mandatory redemption prior to maturity by application of money on deposit in the Bond Fund and shall bear interest at 3.000% per annum at a price of the portion of the principal amount thereof to be redeemed plus accrued interest at the redemption date on June 1st of each of the years in the principal amount set opposite each year in the following schedule: Principal Maturity Amount June 1St $480,000 $495,000 *Final Maturity 2026 2027* The principal amount of Terin Bonds may be reduced through the earlier optional redemption, with any partial optional redemption of the Term Bonds credited against future mandatory redemption requirements for such Tetm Bonds in such order as the City shall determine. Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by Bankers Trust Company, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the office of the Registrar as designated below, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the foiiu as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered bondholders of such change. All bonds shall be negotiable as provided in Article 8 of the Unifoini Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. - 21 - And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Bond, have been existent, had, done and perfoimed as required by law; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the payment of the principal and interest of this Bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the Issuer are irrevocably pledged for the prompt payment hereof, both principal and interest; and the total indebtedness of the Issuer including this Bond, does not exceed the constitutional or statutory limitations. IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Bond to be signed by the manual or facsimile signature of its Mayor and attested by the manual or facsimile signature of its City Clerk, with the seal of the City printed or impressed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, Bankers Trust Company, Des Moines, Iowa. Item 11, figure 1 = Item 12, figure 1 = Date of authentication: This is one of the Bonds described in the within mentioned Resolution, as registered by Bankers Trust Company. BANKERS TRUST COMPANY, Registrar By: Authorized Signature Item 13, figure 1 Registrar and Transfer Agent: Bankers Trust Company Paying Agent: Bankers Trust Company SEE REVERSE FOR CERTAIN DEFINITIONS Item 14, figure 1 = (Seal) Item 15, figure 1 = (Signature Block) CITY OF WATERLOO, STATE OF IOWA By: (manual or facsimile signature) Mayor ATTEST: By: (manual or facsimile signature) City Clerk - 22 - Item 16, figure 1 = (Assignment Block) (Information Required for Registration) ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. ) the within Bond and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: (Person(s) executing this Assignment sign(s) here) SIGNATURE ) GUARANTEED) IMPORTANT - READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or bond(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual* Corporation Partnership Trust *If the Bond is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though written out in full according to applicable laws or regulations: - 23 - TEN CCM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with rights of survivorship and not as tenants in common IA UNIF TRANS MIN ACT - Custodian (Cust) (Minor) Under Iowa Uniform Transfers to Minors Act (State) ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT IN THE ABOVE LIST Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Section 15. Non -Arbitrage Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Sections 148(a) and (b) of the Internal Revenue Code of the United States, as amended, and that throughout the teiui of the Bonds it will comply with the requirements of statutes and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Section 16. Approval of Tax Exemption Certificate. Attached hereto is a form of Tax Exemption Certificate stating the Issuer's reasonable expectations as to the use of the proceeds of the Bonds. The foul" of Tax Exemption Certificate is approved. The Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Finance Officer is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date. Section 17. Continuing Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this section, "Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to - 24 - dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other inteiniediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 18. Discharge and Satisfaction of Bonds. The covenants, liens and pledges entered into, created or imposed pursuant to this Resolution may be fully discharged and satisfied with respect to the Bonds, or any of them, in any one or more of the following ways: (a) By paying the Bonds when the same shall become due and payable; and (b) By depositing in trust with the Registrar, or with a corporate trustee designated by the Council, for the payment of said obligations and irrevocably appropriated exclusively to that purpose an amount in cash or direct obligations of the United States, the maturities and income of which shall be sufficient to retire at maturity, or by redemption prior to maturity on a designated date upon which said obligations may be redeemed, such obligations together with the interest thereon to maturity or to the designated redemption date, premiums thereon, if any, that may be payable on the redemption of the same; provided that proper notice of redemption of all such obligations to be redeemed shall have been previously published or given, or provisions shall have been made therefor. Upon such payment or deposit of money or securities, or both, in the amount and manner provided by this Section, all liability of the Issuer with respect to such Bonds shall cease, detelliine and be completely discharged, and the holders thereof shall be entitled only to payment out of the money or securities so deposited. Section 19. Additional Covenants, Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds;(c) consult with Bond Counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits -relating to the Bonds;(e) file such f:u ns, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 20. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of Bond Counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. Section 21. Repeal of Conflicting Resolutions or Ordinances. That all ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. - 25 - Section 22. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this 16th day of June, 2014. ATTEST: Suzy Scharei, City Clerk /7,41-41-4 Ernest G. Clark, Mayor - 26 - CERTIFICATE STATE OF IOWA ) SS COUNTY OF BLACK HAWK I, the undersigned City Clerk of the City of Waterloo, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of the City showing proceedings of the City Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of public hearing and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of the agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the City hereto affixed this — day of , 2014. Suzy Sch. es, City Clerk, City of Waterloo, State of Iowa (SEAL) 01023196-1111310-101 IExh biit A "Funding Trust Agreement" June 16, 2014 The City Council of the City of Waterloo, State of Iowa, met in,_� session, in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iava, at 6: 3o o'clock P .M., on the above date. There were present Mayor Ernest G. Clark, in the chair, and the following named Council Members: f Absent: 1 Council Member introduced the following resolution entitled "RESOLUTION APPOINTING BANKERS TRUST COMPANY OF DES MOINES, IOWA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANSFER AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT", and moved that the resolution be adopted. Council Member i ts.—V\ seconded the motion to adopt. The roll was called and the vote was, V ( AYES: NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: 4 14-50 RESOLUTIO APP INTING BANKERS TRUST COMPANY OF DES MOINES, IOWA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANSFER AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT WHEREAS, $4,970,000 Taxable General Obligation Bonds, Series 2014B, dated June 27, 2014, have been sold and action should now be taken to provide for the maintenance of records, registration of certificates and payment of principal and interest in connection with the issuance of the Bonds; and WHEREAS, this Council has deemed that the services offered by Bankers Trust Company of Des Moines, Iowa, are necessary for compliance with rules, regulations, and requirements governing the registration, transfer and payment of registered bonds; and WHEREAS, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter "Agreement") has been prepared to be entered into between the City and Bankers Trust Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA: Section 1. That Bankers Trust Company of Des Moines, Iowa, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the issuance of $4,970,000 Taxable General Obligation Bonds, Series 2014B, dated June 27, 2014. -2- Section 2. That the Agreement with Bankers Trust Company of Des Moines, Iowa, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. PASSED AND APPROVED this 16th day of June, 2014. ATTEST: Suzy Scharer, City Clerk 3 t4 cry' (/ Ernest G. Clark, Mayor P Council Member E introduced the following Resolution entitled "RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $4,970,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2014B, AND LEVYING A TAX TO PAY SAID BONDS, APPROVAL OF THE CONTINUING DISCLOSURE CERTIFICATE, AND FUNDING .'RUST AGREEMENT" and moved that it be adopted. Council Member seconded the motion to adopt, and the roll being called thereon, the vo was as folios: AYES: NAYS: Whereupon, the Mayor declared said Resolution duly adopted as follows: O �-5o RESOLUTION AI THO ZING D PROVIDING FOR THE ISSUANCE OF $4,970,000 TAXABLE GENERAL OBLIGATION BONDS, SERIES 2014B, AND LEVYING A TAX TO PAY SAID BONDS; APPROVAL OF THE CONTINUING DISCLOSURE CERTIFICATE, AND FUNDING TRUST AGREEMENT WHEREAS, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and WHEREAS, the City of Waterloo, State of Iowa, is in need of funds to pay costs of the aiding in the planning, undertaking and carrying out of urban renewal project activities under Chapter 403 of the Code of Iowa, as amended, and the Urban Renewal Plans for the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Area, the Logan Avenue Urban Renewal Area and Redevelopment Plan, the NE Industrial Area Development Plan, and the Rath Area Redevelopment Plan, such as those costs associated with land acquisition, public infrastructure projects, including streets, streetscape, and utility improvements, including for the following projects: the downtown development plan, downtown acquisitions, continuation of the Rath project, and demolition costs; essential corporate urban renewal purpose projects, and it is deemed necessary and advisable that the City issue General Obligation Bonds for such purpose to the amount of not to exceed $1,700,000, as authorized by Sections 384.25 and 403.12 of the Code of Iowa; and WHEREAS, pursuant to notice published as required by Sections 384.25 and 403.12 this Council has held a public meeting and hearing on May 12, 2014, upon the proposal to institute -4- proceedings for the issuance of the Bonds, and no petition was filed calling for a referendum thereon; and it is the decision of the Council that additional action be taken for the issuance of not to exceed $1,700,000 General Obligation Bonds for said purposes, and that such action is considered to be in the best interests of the City and the residents thereof; and WHEREAS, the City of Waterloo, State of Iowa, is in need of funds to pay costs of the aiding in the planning, undertaking and carrying out of urban renewal projects under the authority of Chapter 403 and the Downtown Urban Renewal and Redevelopment Plan, as amended, including funding a grant pursuant to the Amended and Restated Development Agreement between the City and Cedar Valley Tech Works, Inc. and FDP WTC, LLC, an essential corporate urban renewal purpose project, and it is deemed necessary and advisable that the City issue General Obligation Bonds for such purpose to the amount of not to exceed $3,500,000, as authorized by Sections 384.25 and 403.12 of the Code of Iowa; and WHEREAS, pursuant to notice published as required by Sections 384.25 and 403.12 this Council has held a public meeting and hearing on December 6, 2013, upon the proposal to institute proceedings for the issuance of the Bonds, and no petition was filed calling for a referendum thereon; and it is the decision of the Council that additional action be taken for the issuance of not to exceed $3,500,000 General Obligation Bonds for said purposes, and that such action is considered to be in the best interests of the City and the residents thereof; and WHEREAS, the City of Waterloo, State of Iowa, is in need of funds to pay costs of the refunding of outstanding City indebtedness, including the Taxable General Obligation Capital Loan Notes, Series 1998; essential corporate purpose projects, and it is deemed necessary and advisable that the City issue General Obligation Bonds for such purpose to the amount of not to exceed $160,000, as authorized by Section 384.25 of the Code of Iowa; and WHEREAS, pursuant to notice published as required by Section 384.25 this Council has held a public meeting and hearing on May 12, 2014, upon the proposal to institute proceedings for the issuance of the Bonds, and all objections, if any, to such Council action made by any resident or property owner of the City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of not to exceed $160,000 General Obligation Bonds for said purposes, and that such action is considered to be in the best interests of the City and the residents thereof; and WHEREAS, the City of Waterloo, State of Iowa, is in need of funds to pay costs of the reconstruction, renovation, remodeling, improvement, equipping and repairing of the Five Sullivan Brothers Center, and the public market, general corporate purpose projects, and it is deemed necessary and advisable that the City issue General Obligation Bonds for such purpose to the amount of $700,000, as authorized by Section 384.26 of the Code of Iowa; and WHEREAS, the City has a population of more than 5,000 but not more than 75,000, and the amount of bonds for these purposes is not more than $700,000; and WHEREAS, pursuant to notice published as required by Section 384.26 (5), this Council has held a public meeting and hearing on May 12, 2014, upon the proposal to institute -5- proceedings for the issuance of not to exceed $700,000 General Obligation Bonds, and no petition was filed in the manner provided by Section 362.4 of the Code of Iowa; and it is the decision of the Council that additional action be taken for the issuance of not to exceed $700,000 General Obligation Bonds, and that such action is considered to be in the best interests of the City and the residents thereof; and WHEREAS, the City of Waterloo, State of Iowa, is in need of funds to pay costs of the reconstruction, renovation and improvements to City golf courses, Riverfront Stadium; acquisition of off-road maintenance equipment for the golf course, and for Young Arena; general corporate purpose projects, and it is deemed necessary and advisable that the City issue General Obligation Bonds for such purpose to the amount of $700,000, as authorized by Section 384.26 of the Code of Iowa; and WHEREAS, the City has a population of more than 5,000 but not more than 75,000, and the amount of bonds for these purposes is not more than $700,000; and WHEREAS, pursuant to notice published as required by Section 384.26 (5), this Council has held a public meeting and hearing on May 12, 2014, upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds, and no petition was filed in the manner provided by Section 362.4 of the Code of Iowa; and it is the decision of the Council that additional action be taken for the issuance of not to exceed $700,000 General Obligation Bonds, and that such action is considered to be in the best interests of the City and the residents thereof; and WHEREAS, pursuant to Section 384.28 of the Code of Iowa, it is deemed appropriate that the various General Obligation Bonds hereinabove described be combined for purposes of issuance and sale in a single issue of corporate purpose bonds as hereinafter set forth; and WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned bonds were heretofore sold at public sale and action should now be taken to issue said bonds conforming to the terms and conditions of the best bid received at the advertised public sale: NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA: Section 1. Definitions. The following tennis shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: "Authorized Denominations" shall mean $5,000 or any integral multiple thereof "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant or such person's subrogee. -6- "Blanket Issuer Letter of Representations" shall mean the Representation Letter from the Issuer to DTC, with respect to the Bonds. "Bond Fund" shall mean the fund created in Section 3 of this Resolution. • "Bonds" shall mean $4,970,000 Taxable General Obligation Bonds, Series 2014B, authorized to be issued by this Resolution. • "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. • "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate approved under the terms of this Resolution and to be executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the temus thereof. • "Current Refunded Portion" shall mean $160,000 of the Bonds to refund the Refunded Bonds. "Depository Bonds " shall mean the Bonds as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. "DTC" shall mean The Depository Trust Company, New York, New York, which will act as security depository for the Bond pursuant to the Representation Letter. • "Issuer" and "City" shall mean the City of Waterloo, State of Iowa. • "New Money Portion" shall mean $4,810,000 of the bonds issued to pay the costs of the aiding in the planning, undertaking and carrying out of urban renewal project activities under Chapter 403 of the Code of Iowa, as amended, and the Urban Renewal Plans for the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Area, the Logan Avenue Urban Renewal Area and Redevelopment Plan, the NE Industrial Area Development Plan, and the Rath Area Redevelopment Plan, such as those costs associated with land acquisition, public infrastructure projects, including streets, streetscape, and utility improvements, including for the following projects: the downtown development plan, downtown acquisitions, continuation of the Rath project, demolition costs, and funding a grant pursuant to the Amended and Restated Development Agreement between the City, Cedar Valley Tech Works, Inc., and FDP WTC, LLC; reconstruction, renovation, remodeling, improvement, equipping and repairing of the Five Sullivan Brothers Center, and the public market; reconstruction, renovation and improvements to City golf courses, and Riverfront Stadium; acquisition of off-road maintenance equipment for the golf course, and for Young Arena. 7 "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. • "Paying Agent" shall mean Bankers Trust Company, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. • "Project Fund" shall mean, as to the New Money Portion, the fund established under this Resolution for the deposit of a portion of the proceeds to pay the costs thereof. As to the Current Refunded Portion, "Project Fund" shall mean the portion of the proceeds that will be used, together with interest earnings thereon, to pay the principal, interest and redemption premium, if any, on the Refunded Bonds. • "Refunded Bonds" shall mean $195,000 of the $665,000 General Obligation Capital Loan Notes, Series 1998, dated April 1, 1998. • "Registrar" shall mean Bankers Trust Company of Des Moines, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. ® "Resolution" shall mean this resolution authorizing the Bonds. • "Treasurer" shall mean the Finance Officer or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. • "Trustee" shall mean Bankers Trust Company of Des Moines, Iowa, or such successor as may be approved by the Issuer who shall carry out the duties under the Funding Trust Agreement approved herein in Section 4. Section 2. Levy and Certification of Annual Tax; Other Funds to be Used. (a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Waterloo, Iowa, to -wit: 8 FISCAL YEAR (JULY 1 TO JUNE 30) AMOUNT YEAR OF COLLECTION $366,017.30 2014/2015 $418,866.26 2015/2016 $411,066.26 2016/2017 $367,628.76 2017/2018 $369,103.76 2018/2019 $369,303.76 2019/2020 $373,791.26 2020/2021 $457,416.26 2021/2022 $457,928.76 2022/2023 $462,278.76 2023/2024 $465,253.76 2024/2025 $477,260.00 2025/2026 $482,295.00 2026/2027 $480,955.00 2027/2028 $483,600.00 2028/2029 * Payable from the available cash on hand. (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2013 will be collected during the fiscal year commencing July 1, 2014.) (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Black Hawk County, State of Iowa, and said Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of said tax, and for no other purpose whatsoever. (c) Additional City Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "TAXABLE GENERAL OBLIGATION BOND FUND 2014 NO. 2" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from property that is centrally assessed by the State of Iowa. -9- Section 4. Application of Bond Proceeds. Proceeds of the Bonds, other than accrued interest except as may be provided below, shall be credited to the Project Fund and expended therefrom for the purposes of issuance as outlined more fully below. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. $4,697,604.16 of the Proceeds of the Bonds shall be credited to the Project Fund and expended therefrom for the New Money Portion. $196,183.54 of the Proceeds of the Bonds shall be placed with Bankers Trust Company as Trustee pursuant to the Funding Trust Agreement attached hereto as Exhibit A, which is hereby approved. Mayor and City Clerk are directed to execute the same on behalf of the City. Said proceeds shall be held by Trustee and invested pursuant to thereto. Investments shall mature before the date on which the moneys are required for payment of principal and interest on the Refunded Bonds. Accrued interest, if any, shall be deposited in the Bond Fund. Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2013, as amended, or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured in compliance with Chapter 12C of the Code of Iowa, 2013, as amended, or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details, Execution and Redemption. (a) Bond Details. Taxable General Obligation Bonds of the City in the amount of $4,970,000, shall be issued pursuant to the provisions of Sections 384.25, 384.26, and 384.28 of the Code of Iowa for the aforesaid purposes. The Bonds shall be designated "TAXABLE GENERAL OBLIGATION BOND, SERIES 2014B", be dated June 27, 2014, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2014, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this - 10 - Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof The Bonds shall mature and bear interest as follows: Principal Interest Amount Rate (b) Maturity June 1st $235,000 1.000% 2015 $280,000 1.000% 2016 $275,000 1.250% 2017 $235,000 1.500% 2018 $240,000 2.000% 2019 $245,000 2.250% 2020 $255,000 2.500% 2021 $345,000 2.750% 2022 $355,000 3.000% 2023 $370,000 3.250% 2024 $385,000 3.375% 2025 $410,000 3.650% 2026 $430,000 3.800% 2027 $445,000 3.900% 2028 $465,000 4.000% 2029 Redemption. (i) Optional Redemption. Bonds maturing after June 1, 2022, may be called for optional redemption by the Issuer on that date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' written notice of redemption shall be given to the registered owner of the Bond. Failure to give written notice to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All Bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. Written notice will be deemed completed upon transmission to the owner of record. If less than all of a maturity is called for redemption, the Issuer will notify DTC of the particular amount of such maturity to be redeemed prior to maturity. DTC will determine by lot the amount of each Participant's interest in such maturity to be redeemed and each Participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. -11- Section 7. Issuance of Bonds in Book -Entry Form; Replacement Bonds. (a) Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount). The Bonds must be registered in the name of Cede & Co., as nominee for DTC. Payment of semiannual interest for any Bonds registered in the name of Cede & Co. will be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated or in the Representation Letter. (b) The Bonds will be initially issued in the form of separate single authenticated fully registered bonds in the amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of the Bonds will be registered in the registry books of the Bankers Trust Company kept by the Paying Agent and Registrar in the name of Cede & Co., as nominee of DTC. The Paying Agent and Registrar and the Issuer may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal or redemption price of or interest on the Bonds, selecting the Bonds or portions to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under the Resolution of the Issuer, registering the transfer of Bonds, obtaining any consent or other action to be taken by registered owners of the Bonds and for other purposes. The Paying Agent, Registrar and the Issuer have no responsibility or obligation to any Participant or Beneficial Owner of the Bonds under or through DTC with respect to the accuracy of records maintained by DTC or any Participant; with respect to the payment by DTC or Participant of an amount of principal or redemption price of or interest on the Bonds; with respect to any notice given to owners of Bonds under the Resolution; with respect to the Participant(s) selected to receive payment in the event of a partial redemption of the Bonds, or a consent given or other action taken by DTC as registered owner of the Bonds. The Paying Agent and Registrar shall pay all principal of and premium, if any, and interest on the Bonds only to Cede & Co. in accordance with the Representation Letter, and all payments are valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum paid. DTC must receive an authenticated Bond for each separate stated maturity evidencing the obligation of the Issuer to make payments of principal of and premium, if any, and interest. Upon delivery by DTC to the Paying Agent and Registrar of written notice that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to the new nominee in accordance with this Section. (c) In the event the Issuer determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds certificates, the Issuer may notify DTC and the Paying Agent and Registrar, whereupon DTC will notify the Participants, of the availability through DTC of Bonds certificates. The Bonds will be transferable in accordance with this Section. DTC may detenniine to discontinue providing its services with respect to the Bonds at any time by giving notice to the Issuer and the Paying Agent and Registrar and discharging its - 12 - responsibilities under applicable law. In this event, the Bonds will be transferable in accordance with this Section. (d) Notwithstanding any other provision of the Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of and premium, if any, and interest on the Bond and all notices must be made and given, respectively to DTC as provided in the Representation letter. (e) In connection with any notice or other communication to be provided to Bondholders by the Issuer or the Paying Agent and Registrar with respect to a consent or other action to be taken by Bondholders, the Issuer or the Paying Agent and Registrar, as the case may be, shall establish a record date for the consent or other action and give DTC notice of the record date not less than 15 calendar days in advance of the record date to the extent possible. Notice to DTC must be given only when DTC is the sole Bondholder. (f) The Representation Letter is on file with DTC and sets forth certain matters with respect to, among other things, notices, consents and approvals by Bondholders and payments on the Bonds. The execution and delivery of the Representation Letter to DTC by the Issuer is ratified and confilnied. (g) In the event that a transfer or exchange of the Bonds is permitted under this Section, the transfer or exchange may be accomplished upon receipt by the Registrar from the registered owners of the Bonds to be transferred or exchanged and appropriate instruments of transfer. In the event Bond certificates are issued to holders other than Cede & Co., its successor as nominee for DTC as holder of all the Bonds, or other securities depository as holder of all the Bonds, the provisions of the Resolution apply to, among other things, the printing of certificates and the method or payment of principal of and interest on the certificates. Any substitute depository shall be designated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute depository shall provide for (i) immobilization of the Depository Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries. (h) The officers of the Issuer are authorized and directed to prepare and furnish to the purchaser, and to the attorneys approving the legality of Bonds, certified copies of proceedings, ordinances, resolutions and records and all certificates and affidavits and other instruments as may be required to evidence the legality and marketability of the Bonds, and all certified copies, certificates, affidavits and other instruments constitute representations of the Issuer as to the correctness of all stated or recited facts. - 13 - Section 8. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery; and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. Bankers Trust Company is hereby appointed as Bond Registrar under the terms of this Resolution and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. - 14- (f) Non -Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the foul' of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has - 15 - been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. No Bonds shall be authenticated and delivered by the Registrar unless and until there shall have been provided the following: 1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Treasurer of the Issuer directing the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase price as set forth therein; 3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concerning the validity and legality of all the Bonds proposed to be issued. Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. Section 13. Form of Bond. Bonds shall be printed substantially in the fowl as follows: Item 1, figure 1= "STATE OF IOWA" "COUNTY OF BLACK HAWK" "CITY OF WATERLOO" "TAXABLE GENERAL OBLIGATION BOND" "SERIES 2014B" "CORPORATE PURPOSE" Item 2, figure 1= Rate: Item 3, figure 1= Maturity: Item 4, figure 1= Bond Date: June 27, 2014 Item 5, figure 1= CUSIP No.: Item 6, figure 1= "Registered" Item 7, figure 1= Certificate No. Item 8, figure 1= Principal Amount: $ Item 9, figure 1= The City of Waterloo, State of Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum of (enter principal amount in long form) THOUSAND DOLLARS in lawful money of the United States of America, on the - 16 - maturity date shown above, only upon presentation and surrender hereof at the office of Bankers Trust Company, Paying Agent of this issue, or its successor, with interest on the sum from the date hereof until paid at the rate per annum specified above, payable on December 1, 2014, and semiannually thereafter on the 1st day of June and December in each year. Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day of the month preceding such interest payment date. Interest shall be computed on the basis of a 360 -day year of twelve 30 - day months. THE HOLDERS OF THE BONDS SHOULD TREAT THE IN'1'EREST AS SUBJECT TO FEDERAL INCOME TAXATION. This Bond is issued pursuant to the provisions of Sections 384.25, 384.26, and 384.28 of the Code of Iowa, for the purpose of paying costs of the aiding in the planning, undertaking and carrying out of urban renewal project activities under Chapter 403 of the Code of Iowa, as amended, and the Urban Renewal Plans for the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Area, the Logan Avenue Urban Renewal Area and Redevelopment Plan, the NE Industrial Area Development Plan, and the Rath Area Redevelopment Plan, such as those costs associated with land acquisition, public infrastructure projects, including streets, streetscape, and utility improvements, including for the following projects: the downtown development plan, downtown acquisitions, continuation of the Rath project, demolition costs, and funding a grant pursuant to the Amended and Restated Development Agreement between the City, Cedar Valley Tech Works, Inc., and FDP WTC, LLC; refunding of outstanding City indebtedness, including the Taxable General Obligation Capital Loan Notes, Series 1998; reconstruction, renovation, remodeling, improvement, equipping and repairing of the Five Sullivan Brothers Center, the public market; reconstruction, renovation and improvements to City golf courses, and Riverfront Stadium; acquisition of off-road maintenance equipment for the golf course, and for Young Arena, in conformity to a Resolution of the Council of said City duly passed and approved. Unless this certificate is presented by an authorized representative of The Depository Trust Company, a limited purpose trust company ("DTC"), to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other Issuer as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. Bonds maturing after June 1, 2022, may be called for optional redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. - 17 - Thirty days' written notice of redemption shall be given to the registered owner of the Bond. Failure to give written notice to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. Written notice will be deemed completed upon transmission to the owner of record. If less than all of a maturity is called for redemption, the Issuer will notify DTC of the particular amount of such maturity to be redeemed prior to maturity. DTC will determine by lot the amount of each Participant's interest in such maturity to be redeemed and each Participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. The principal amount of Term Bonds may be reduced through the earlier optional redemption, with any partial optional redemption of the Term Bonds credited against future mandatory redemption requirements for such Term Bonds in such order as the City shall determine. Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by Bankers Trust Company, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the office of the Registrar as designated below, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered bondholders of such change. All bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Bond, have been existent, had, done and performed as required by law; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the payment of the principal and interest of this Bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the Issuer are irrevocably pledged for the prompt payment hereof, both principal and interest; and the total indebtedness of the Issuer including this Bond, does not exceed the constitutional or statutory limitations. IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Bond to be signed by the manual or facsimile signature of its Mayor and attested by the manual or facsimile signature of its City Clerk, with the seal of the City printed or impressed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, Bankers Trust Company, Des Moines, Iowa. -18- Item 11, figure 1 Item 12, figure 1 = Date of authentication: = This is one of the Bonds described in the within mentioned Resolution, as registered by Bankers Trust Company. BANKERS TRUST COMPANY, Registrar By: Authorized Signature Item 13, figure 1 = Registrar and Transfer Agent: Bankers Trust Company Paying Agent: Bankers Trust Company SEE REVERSE FOR CERTAIN DEFINITIONS Item 14, figure 1 = (Seal) Item 15, figure 1 = (Signature Block) CITY OF WATERLOO, STALL OF IOWA By: (manual or facsimile signature) Mayor ATTEST: By: (manual or facsimile signature) City Clerk Item 16, figure 1 = (Assignment Block) (Information Required for Registration) - 19- ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. ) the within Bond and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: (Person(s) executing this Assignment sign(s) here) SIGNATURE ) GUARANTEED) IMPORTANT - READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or bond(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual * Corporation Partnership Trust *If the Bond is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with rights of survivorship and not as tenants in common - 20 - IA UNIF TRANS MIN ACT - Custodian (Cult) (Minor) Under Iowa Uniform Transfers to Minors Act (State) ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT IN THE ABOVE LIST Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Section 15. Continuing Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this section, "Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 16. Discharge and Satisfaction of Bonds. The covenants, liens and pledges entered into, created or imposed pursuant to this Resolution may be fully discharged and satisfied with respect to the Bonds, or any of them, in any one or more of the following ways: (a) By paying the Bonds when the same shall become due and payable; and (b) By depositing in trust with the Registrar, or with a corporate trustee designated by the Council, for the payment of said obligations and irrevocably appropriated exclusively to that purpose an amount in cash or direct obligations of the United States, the maturities and income of which shall be sufficient to retire at maturity, or by redemption prior to maturity on a designated date upon which said obligations may be redeemed, such obligations together with the interest thereon to maturity or to the designated redemption date, premiums thereon, if any, that may be payable on the redemption of the same; provided that proper notice of redemption of all such obligations to be redeemed shall have been previously published or given, or provisions shall have been made therefor. Upon such payment or deposit of money or securities, or both, in the amount and manner provided by this Section, all liability of the Issuer with respect to such Bonds shall cease, - 21 - determine and be completely discharged, and the holders thereof shall be entitled only to payment out of the money or securities so deposited. Section 17. Repeal of Conflicting Resolutions or Ordinances. That all ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Section 18. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this 16th day of June, 2014. ATTEST: Suzy Scharer, City Clerk - 22 - STATE OF IOWA COUNTY OF BLACK HAWK CERTIFICATE ) SS I, the undersigned City Clerk of the City of Waterloo, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of the City showing proceedings of the City Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of public hearing and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of the agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the City hereto affixed this , 2014. (SEAL) 01023247-1\]1310-103 CLr�� Suzy Sch&res, City Clerk, City of Waterloo, State of Iowa day of Exhibit A "Funding Trust Agreement" June 16, 2014 The City Council of the City of Waterloo, State of Iowa, met in_„)C�v session, in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Lova, at 515 0 o'clock T .M., on the above date. There were present Mayor Ernest G. Clark, in the chair, and the following named Council Members: rn- I ,P/G:V c. X71 `-‘r)/t Absent: Council Memberintroduced the following resolution entitled "RESOLUTION APPOINTING BANKERS TRUST COMPANY OF DES MOINES, IOWA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANSFER AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT", and moved that the resolution be adopted. Council Member n� -4a seconded the motion to adopt. The roll was called and the vote was, AYES: NAYS: )1)i'V)v\*A.A.),,eAA Whereupon, the Mayor declared the resolution duly adopted as follows: 601 RESOLUTION AP OINTING BANKS TRUST COMPANY OF DES MOINES, IOWA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANSFER AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT WHEREAS, $8,515,000 General Obligation Refunding Bonds, Series 2014C, dated June 27, 2014, have been sold and action should now be taken to provide for the maintenance of records, registration of certificates and payment of principal and interest in connection with the issuance of the Bonds; and WHEREAS, this Council has deemed that the services offered by Bankers Trust Company of Des Moines, Iowa, are necessary for compliance with rules, regulations, and requirements governing the registration, transfer and payment of registered bonds; and WHEREAS, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter "Agreement") has been prepared to be entered into between the City and Bankers Trust Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA: Section 1. That Bankers Trust Company of Des Moines, Iowa, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the issuance of $8,515,000 General Obligation Refunding Bonds, Series 2014C, dated June 27, 2014. 2 Section 2. That the Agreement with Bankers Trust Company of Des Moines, Iowa, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. PASSED AND APPROVED this 16th day of June, 2014. ATTEST: Suzy Schares, City Clerk 3 • Ernest G. Clark, Mayor (X� Council Member"/vi..=-1/14:introduced the following Resolution entitled "RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $8,515,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2014C, AND LEVYING A TAX TO PAY SAID BONDS; APPROVAL OF THE TAX EXEMPTION CERTIFICATE, CONTINUING DISCLOSURE CERTIFICATE AND REFUNDING TRUST AGREEMENT" and moved that it be adopted. Council Member "C 1?r, , 4- seconded the motion to adopt, and the roll being called thereon, the vote was as follows: AYES: NAYS: , YYJLUJ Lid 1�2�Cd -VL, � h`1 - Whereupon, - Whereupon, the Mayor declared said Resolution duly adopted as follows: '&,-St 't* r ii N RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $8,515,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2014C, AND LEVYING A TAX TO PAY SAID BONDS; APPROVAL OF THE TAX EXEMPTION CERTIFICATE, CONTINUING DISCLOSURE CERTIFICATE AND REFUNDING TRUST AGREEMENT" WHEREAS, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and WHEREAS, the City of Waterloo, State of Iowa, is in need of funds to pay costs of the refunding of outstanding City indebtedness, including the General Obligation Bonds, Series 2007A, an essential corporate purpose project, and it is deemed necessary and advisable that the City issue General Obligation Bonds for such purpose to the amount of not to exceed $8,750,000, as authorized by Section 384.25 of the Code of Iowa; and WHEREAS, pursuant to notice published as required by Section 384.25 this Council has held a public meeting and hearing on May 12, 2014, upon the proposal to institute proceedings for the issuance of the Bonds, and all objections, if any, to such Council action made by any resident or property owner of the City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of not to exceed $12,900,000 General Obligation Bonds for said purposes, and that such action is considered to be in the best interests of the City and the residents thereof; and -4 WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned bonds were heretofore sold at public sale and action should now be taken to issue said bonds confoiming to the terms and conditions of the best bid received at the advertised public sale: NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: thereof "Authorized Denominations" shall mean $5,000 or any integral multiple "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant or such person's subrogee. "Blanket Issuer Letter of Representations" shall mean the Representation Letter from the Issuer to DTC, with respect to the Bonds. • "Bond Fund" shall mean the fund created in Section 3 of this Resolution. • "Bonds" shall mean $8,515,000 General Obligation Refunding Bonds, Series 2014C, authorized to be issued by this Resolution. • "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. • "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate approved under the teinis of this Resolution and to be executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the telius thereof • "Depository Bonds " shall mean the Bonds as issued in the foini of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. • "DTC" shall mean The Depository Trust Company, New York, New York, which will act as security depository for the Bond pursuant to the Representation Letter. "Escrow Fund" shall mean the fund established under the tennis of a Refunding Trust Agreement dated June 27, 2014, for the deposit of the proceeds of the Bonds issued. hereunder. - 5 • "Issuer" and "City" shall mean the City of Waterloo, State of Iowa. • "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. • "Paying Agent" shall mean Bankers Trust Company, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. "Refunded Bonds" shall mean $8,285,000 of the $19,620,000 General Obligation Bonds, Series 2007A, dated June 1, 2007. "Registrar" shall mean Bankers Trust Company of Des Moines, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. "Resolution" shall mean this resolution authorizing the Bonds. • "Tax Exemption Certificate" shall mean the Tax Exemption Certificate approved under the terms of this Resolution and to be executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds. • "Treasurer" shall mean the Finance Officer or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. • "Trustee" shall mean Bankers Trust Company of Des Moines, Iowa, or its successor as may be approved pursuant to the "Refunding Trust Agreement" referred to herein between the Issuer and the Trustee for the purpose of insuring the payment of the outstanding bonds. Section 2. Levy and Certification of Annual Tax; Other Funds to be Used. (a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Waterloo, Iowa, to -wit: 6 FISCAL YEAR (JULY 1 TO JUNE 30) AMOUNT YEAR OF COLLECTION $1,483,000.56 2014/2015 $1,483,800.00 2015/2016 $1,477,000.00 2016/2017 $1,474,800.00 2017/2018 $1,477,100.00 2018/2019 $ 583,800.00 2019/2020 $ 592,800.00 2020/2021 $ 581,400.00 2021/2022 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2013 will be collected during the fiscal year commencing July 1, 2014.) *The levy of taxes for the Debt Service Fund of the Issuer for collection during the fiscal year July 1, 2014 to June 30, 2015, in the amount of $ 1,549,055 is hereby transferred to and shall be security for the payment of principal of and interest on the Bonds hereinafter authorized to be issued. The levy of taxes to be collected in the fiscal year 2015/2016 may be adjusted to the extent of fonds derived from the levy for the year 2014/2015 exceeds the payment of principal and/or interest on the Bonds hereinafter authorized to be issued in said year. (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Black Hawk County, State of Iowa, and said Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of said tax, and for no other purpose whatsoever. (c) Additional City Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION REFUNDING BOND FUND 2014 NO. 3" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from property that is centrally assessed by the State of Iowa. -7 Section 4. Application of Bond Proceeds. Proceeds of the Bonds shall be credited to the Escrow Fund, pursuant to Section 16 of this Resolution. Proceeds invested shall mature before the date on which the moneys are required for payment of principal and interest on the Refunded Bonds. Accrued interest, if any, shall be deposited in the Bond Fund. Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2013, as amended, or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured in compliance with Chapter 12C of the Code of Iowa, 2013, as amended, or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details, Execution and Redemption. (a) Bond Details. General Obligation Refunding Bonds of the City in the amount of $8,515,000, shall be issued pursuant to the provisions of Section 384.25 of the Code of Iowa for the aforesaid purposes. The Bonds shall be designated "GENERAL OBLIGATION REFUNDING BOND, SERIES 2014C", be dated June 27, 2014, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2014, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof The Bonds shall mature and bear interest as follows: -8 Principal Interest Maturity Amount Rate June 1St $1,325,000 2.00% 2015 $1,340,000 2.00% 2016 $1,360,000 2.00% 2017 $1,385,000 2.00% 2018 $1,415,000 2.00% 2019 $ 550,000 2.00% 2020 $ 570,000 2.00% 2021 $ 570,000 2.00% 2022 (b) Redemption. (i) Optional Redemption. Bonds maturing after June 1, 2019, may be called for optional redemption by the Issuer on that date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' written notice of redemption shall be given to the registered owner of the Bond. Failure to give written notice to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All Bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. Written notice will be deemed completed upon transmission to the owner of record. If less than all of a maturity is called for redemption, the Issuer will notify DTC of the particular amount of such maturity to be redeemed prior to maturity. DTC will determine by lot the amount of each Participant's interest in such maturity to be redeemed and each Participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. Section 7. Issuance of Bonds in Book -Entry Form; Replacement Bonds. (a) Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount). The Bonds must be registered in the name of Cede & Co., as nominee for DTC. Payment of semiannual interest for any Bonds registered in the name of Cede & Co. will be made by wire transfer or New York Clearing House or equivalent next day funds to the account -9- of Cede & Co. on the interest payment date for the Bonds at the address indicated or in the Representation Letter. (b) The Bonds will be initially issued in the form of separate single authenticated fully registered bonds in the amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of the Bonds will be registered in the registry books of the Bankers Trust Company kept by the Paying Agent and Registrar in the name of Cede & Co., as nominee of DTC. The Paying Agent and Registrar and the Issuer may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal or redemption price of or interest on the Bonds, selecting the Bonds or portions to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under the Resolution of the Issuer, registering the transfer of Bonds, obtaining any consent or other action to be taken by registered owners of the Bonds and for other purposes. The Paying Agent, Registrar and the Issuer have no responsibility or obligation to any Participant or Beneficial Owner of the Bonds under or through DTC with respect to the accuracy of records maintained by DTC or any Participant; with respect to the payment by DTC or Participant of an amount of principal or redemption price of or interest on the Bonds; with respect to any notice given to owners of Bonds under the Resolution; with respect to the Participant(s) selected to receive payment in the event of a partial redemption of the Bonds, or a consent given or other action taken by DTC as registered owner of the Bonds. The Paying Agent and Registrar shall pay all principal of and premium, if any, and interest on the Bonds only to Cede & Co. in accordance with the Representation Letter, and all payments are valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum paid. DTC must receive an authenticated Bond for each separate stated maturity evidencing the obligation of the Issuer to make payments of principal of and premium, if any, and interest. Upon delivery by DTC to the Paying Agent and Registrar of written notice that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to the new nominee in accordance with this Section. (c) In the event the Issuer determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds certificates, the Issuer may notify DTC and the Paying Agent and Registrar, whereupon DTC will notify the Participants, of the availability through DTC of Bonds certificates. The Bonds will be transferable in accordance with this Section. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the Issuer and the Paying Agent and Registrar and discharging its responsibilities under applicable law. In this event, the Bonds will be transferable in accordance with this Section. (d) Notwithstanding any other provision of the Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of and premium, if any, and interest on the Bond and all notices must be made and given, respectively to DTC as provided in the Representation letter. (e) In connection with any notice or other communication to be provided to Bondholders by the Issuer or the Paying Agent and Registrar with respect to a consent or other action to be taken by Bondholders, the Issuer or the Paying Agent and Registrar, as the case may - 10 - be, shall establish a record date for the consent or other action and give DTC notice of the record date not less than 15 calendar days in advance of the record date to the extent possible. Notice to DTC must be given only when DTC is the sole Bondholder. (f) The Representation Letter is on file with DTC and sets forth certain matters with respect to, among other things, notices, consents and approvals by Bondholders and payments on the Bonds. The execution and delivery of the Representation Letter to DTC by the Issuer is ratified and confirmed. (g) In the event that a transfer or exchange of the Bonds is permitted under this Section, the transfer or exchange may be accomplished upon receipt by the Registrar from the registered owners of the Bonds to be transferred or exchanged and appropriate instruments of transfer. In the event Bond certificates are issued to holders other than Cede & Co., its successor as nominee for DTC as holder of all the Bonds, or other securities depository as holder of all the Bonds, the provisions of the Resolution apply to, among other things, the printing of certificates and the method or payment of principal of and interest on the certificates. Any substitute depository shall be designated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute depository shall provide for (i) immobilization of the Depository Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries. (h) The officers of the Issuer are authorized and directed to prepare and furnish to the purchaser, and to the attorneys approving the legality of Bonds, certified copies of proceedings, ordinances, resolutions and records and all certificates and affidavits and other instruments as may be required to evidence the legality and marketability of the Bonds, and all certified copies, certificates, affidavits and other instruments constitute representations of the Issuer as to the correctness of all stated or recited facts. Section 8. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery; and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. Bankers Trust Company is hereby appointed as Bond Registrar under the teens of this Resolution and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender -11- thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such foini as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non -Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. - 12 - (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the sameto or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. No Bonds shall be authenticated and delivered by the Registrar unless and until there shall have been provided the following: 1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Treasurer of the Issuer directing the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the purchase price as set forth therein; 3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concerning the validity and legality of all the Bonds proposed to be issued. - 13 - Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. Section 13. Form of Bond. Bonds shall be printed substantially in the form as follows: Item 1, figure 1= "STATE OF IOWA" "COUNTY OF BLACK HAWK" "CITY OF WA I ERLOO" "GENERAL OBLIGATION REFUNDING BOND" "SERIES 2014C" "ESSENTIAL CORPORATE PURPOSE" Item 2, figure 1= Rate: Item 3, figure 1= Maturity: Item 4, figure 1= Bond Date: June 27, 2014 Item 5, figure 1= CUSIP No.: Item 6, figure 1= "Registered" Item 7, figure 1= Certificate No. Item 8, figure 1= Principal Amount: $ Item 9, figure 1= The City of Waterloo, State of Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum of (enter principal amount in long form) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of Bankers Trust Company, Paying Agent of this issue, or its successor, with interest on the sum from the date hereof until paid at the rate per annum specified above, payable on December 1, 2014, and semiannually thereafter on the 1st day of June and December in each year. Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day of the month preceding such interest payment date. Interest shall be computed on the basis of a 360 -day year of twelve 30 - day months. This Bond is issued by the City of Waterloo, State of Iowa, pursuant to the provisions of Section 384.25, of the City Code of Iowa, for the purpose of paying costs of adjusting, extending and refunding existing general obligation indebtedness of the City of Waterloo, State of Iowa, the proceeds of the bonds of this issuebeing deposited in trust, pursuant to the terms of a Refunding Trust Agreement, and invested in such manner as to pay, when due, the installments -14- of principal of and interest on the City's presently outstanding general obligation bonds to be refunded from the proceeds of this issue, in conformity to a Resolution of the Council of the City, duly passed and approved. Unless this certificate is presented by an authorized representative of The Depository Trust Company, a limited purpose trust company ("DTC"), to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other Issuer as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. Bonds maturing after June 1, 2019, may be called for optional redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The temis of redemption shall be par, plus accrued interest to date of call. Thirty days' written notice of redemption shall be given to the registered owner of the Bond. Failure to give written notice to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are, on deposit at the place of payment. Written notice will be deemed completed upon transmission to the owner of record. If less than all of a maturity is called for redemption, the Issuer will notify DTC of the particular amount of such maturity to be redeemed prior to maturity. DTC will determine by lot the amount of each Participant's interest in such maturity to be redeemed and each Participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by Bankers Trust Company, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the office of the Registrar as designated below, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the foini as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered bondholders of such change. All bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Bond, have been existent, had, done and performed as required by law; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the payment - 15 - of the principal and interest of this Bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the Issuer are irrevocably pledged for the prompt payment hereof, both principal and interest; and the total indebtedness of the Issuer including this Bond, does not exceed the constitutional or statutory limitations. IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Bond to be signed by the manual or facsimile signature of its Mayor and attested by the manual or facsimile signature of its City Clerk, with the seal of the City printed or impressed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, Bankers Trust Company, Des Moines, Iowa. Item 11, figure 1 = Date of authentication: Item 12, figure 1 = This is one of the Bonds described in the within mentioned Resolution, as registered by Bankers Trust Company. BANKERS TRUST COMPANY, Registrar By: Authorized Signature Item 13, figure 1 = Registrar and Transfer Agent: Bankers Trust Company Paying Agent: Bankers Trust Company SEE REVERSE FOR CERTAIN DEFINITIONS Item 14, figure 1 = (Seal) Item 15, figure 1 = (Signature Block) CITY OF WATERLOO, STATE OF IOWA By: (manual or facsimile signature) Mayor ATTEST: By: (manual or facsimile signature) City Clerk Item 16, figure 1 = (Assignment Block) (Infoimation Required for Registration) - 16 - ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. ) the within Bond and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: (Person(s) executing this Assignment sign(s) here) SIGNATURE ) GUARANTEED) IMPORTANT - READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or bond(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual* Corporation Partnership Trust *If the Bond is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with rights of survivorship and not as tenants in common - 17 - IA UNIF TRANS MN ACT - Custodian (Cust) (Minor) Under Iowa Uniform Transfers to Minors Act (State) ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT IN THE ABOVE LIST Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Section 15. Non -Arbitrage Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Sections 148(a) and (b) of the Internal Revenue Code of the United States, as amended, and that throughout the term of the Bonds it will comply with the requirements of statutes and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Any funds received from the Trustee for use of the Paying Agent, to pay principal and interest on the bonds to be refunded shall be held in cash or non-interest bearing demand deposits separate from all other moneys or accounts of the Issuer. Section 16. Deposit of Proceeds in Escrow. All of the proceeds derived from the sale of the Bonds, except accrued interest which shall be deposited in the Bond Fund shall be placed in the Escrow Fund with Bankers Trust Company, as Trustee under the Refunding Trust Agreement dated as of June 27, 2014. The Trustee shall 1) hold such proceeds in a special and irrevocable trust fund, 2) invest such proceeds only in cash or direct obligations of the United States, and 3) apply such proceeds and earnings thereon only in accordance with the terms and conditions of the Refunding Trust Agreement. All the terms and conditions of the Refunding Trust Agreement are hereby incorporated by reference in this Resolution as if set forth herein in full. The Refunding Trust Agreement is hereby approved and confirmed as binding upon the Issuer, and the Mayor and City Clerk are hereby authorized to execute the Refunding Trust Agreement on behalf of the Issuer and to authorize the trustee to call the Refunded Bonds for redemption pursuant to the provisions of the resolution authorizing their issuance. Section 17. Approval of Tax Exemption Certificate. Attached hereto is a form of Tax Exemption Certificate stating the Issuer's reasonable expectations as to the use of the proceeds of the Bonds. The foini of Tax Exemption Certificate is approved. The Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The 18 Finance Officer is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date. Section 18. Continuing Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this section, "Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intetinediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 19. Discharge and Satisfaction of Bonds. The covenants, liens and pledges entered into, created or imposed pursuant to this Resolution may be fully discharged and satisfied with respect to the Bonds, or any of them, in any one or more of the following ways: (a) By paying the Bonds when the same shall become due and payable; and (b) By depositing in trust with the Registrar, or with a corporate trustee designated by the Council, for the payment of said obligations and irrevocably appropriated exclusively to that purpose an amount in cash or direct obligations of the United States, the maturities and income of which shall be sufficient to retire at maturity, or by redemption prior to maturity on a designated date upon which said obligations may be redeemed, such obligations together with the interest thereon to maturity or to the designated redemption date, premiums thereon, if any, that may be payable on the redemption of the same; provided that proper notice of redemption of all such obligations to be redeemed shall have been previously published or given, or provisions shall have been made therefor. Upon such payment or deposit of money or securities, or both, in the amount and manner provided by this Section, all liability of the Issuer with respect to such Bonds shall cease, determine and be completely discharged, and the holders thereof shall be entitled only to payment out of the money or securities so deposited. Section 20. Additional Covenants, Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Bonds from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the - 19 - owners of the Bonds;(c) consult with Bond Counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds;(e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 21. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of Bond Counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. Section 22. Repeal of Conflicting Resolutions or Ordinances. That all ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Section 23. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this 16th day of June, 2014. -��eL Ernest G. Clark, Mayor ATTEST: ( _ /(/' Suzy Schares,ity Clerk - 20 - EXHIBIT "A" Refunded Bonds Principal Interest Maturity Amount Rate June 1st $1,205,000 4.00% 2015 $1,250,000 4.00% 2016 $1,295,000 4.00% 2017 $1,345,000 4.10% 2018 $1,400,000 4.25% 2019 $ 570,000 4.30% 2020 $ 600,000 4.50% 2021 $ 620,000 4.50% 2022 CERTIFICATE STATE OF IOWA ) SS COUNTY OF BLACK HAWK I, the undersigned City Clerk of the City of Waterloo, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of the City showing proceedings of the City Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of public hearing and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of the agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the City hereto affixed this day of 2014. (SEAL) 01023261-1 \11310-104 Suzy Schares,)City Clerk, City of Waterloo, State of Iowa DELIVERY CERTIFICATE We the undersigned City Officials, do hereby certify that we are the officers, respectively below indicated, of a municipal corporation in the State of Iowa, known as the City of Waterloo, State of Iowa; that in pursuance of the provisions of Sections 384.25, Code of Iowa, there have been heretofore lawfully authorized and this day by us lawfully executed, issued, caused to be registered, authenticated and delivered fully registered General Obligation Refunding Bonds, Series 2014C, of the City of Waterloo, State of Iowa, in the amount of $8,515,000, dated June 27, 2014, bearing interest and maturing as follows: Principal Interest Maturity Amount Rate June 1 St $1,325,000 2.00% 2015 $1,340,000 2.00% 2016 $1,360,000 2.00% 2017 $1,385,000 2.00% 2018 $1,415,000 2.00% 2019 $ 550,000 2.00% 2020 $ 570,000 2.00% 2021 $ 570,000 2.00% 2022 Each of the Bonds has been executed with the manual or facsimile signature of the Mayor and the manual or facsimile signature of the City Clerk of the City. The Bonds have been delivered to DTC on behalf of: BMO Capital Markets GKST Inc. of Chicago, Illinois and have been paid for in accordance with the tennis of the contract of sale and at a price of $8,674,926.52, and accrued interest. We further certify that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City, or the titles of the undersigned City officers to their respective positions, or the validity of the Bonds, or the power and duty of the City to provide and apply adequate taxes for the full and prompt payment of the principal and interest of the Bonds, and that no measure or provision for the authorization or issuance of the Bonds has been repealed or rescinded. We further certify that due provision has been made for the collection with the next levies of taxes, of a sufficient tax to meet all payments coming due, whether of principal or of interest on the Bond Issue, prior to the collection of the next succeeding levies of taxes; that all payments coming due before the collection of the tax provided for as aforesaid will be paid promptly when due from cash on hand; and that the proceedings authorizing the issuance and delivery of the Bonds remain in full force and effect and have not been withdrawn, amended or rescinded. To the best of our knowledge, information and belief, we further certify that the Official Statement dated June 4, 2014, as of its date and the date hereof, did not and does not contain any untrue statement of material fact or omit to state a material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. We further certify that each of the officers whose signatures appear on the Bonds were in occupancy and possession of their respective offices at the time the Bonds were executed and do hereby adopt and affirm their signatures appearing in the Bonds. We further certify that the present financial condition of the Bond is as follows: Assessed and taxable value of all taxable property within the City, except moneys and credits and tax free lands (Year 2013/2014), according to the last completed State and County tax lists (100% - Before Rollback) Total general obligation bonded indebtedness of the City, including this issue All other general obligation indebtedness, (including warrants, judgments, contracts of purchase or lease/purchase, self-insurance or local government risk pool obligations, loan agreements, and revenue bonds issued under Code Section 403.9), of the City of any kind $3,800,462,057 $ 90,725,000 $ ,(ffs) f7.2.gg IN WITNESS WHEREOF, we have ereunto affixed our hands at the City of Waterloo, State of Iowa, this 2_74- day of 2014. �1 f/ i. (SEAL) 01026125-1\11310-104 City Clerk Finance Officer -2- Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-505 0(1 "" V W Prepared by Carol Nemmers, Deputy Cita 715 Mulberry Street, Waterloo, IA 50703, RESOLUTION NO. 2014-504 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, APPROVING APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR STATE RECREATIONAL TRAILS FUNDING AND DIRECTING EXECUTION OF SAID APPLICATION BY MAYOR. WHEREAS, the City of Waterloo continues to develop and improve the recreational trail system within the community for pedestrians and bicyclists; and WHEREAS, U.S. 63 from Parker Street to Franklin Street represents a critical connection for pedestrians and bicyclists to move safely and efficiently through the community; and WHEREAS, the Iowa Department of Transportation provides State Recreational Trails funds on a competitive basis for the development of recreational trails; and WHEREAS, the City of Waterloo will be responsible for adequately maintaining the trail for a minimum of twenty years; and WHEREAS, the City of Waterloo will provide the 25 percent local match as required. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that they support the submission of the application to the Iowa Department of Transportation for State Recreational Trails funding. BE IT FURTHER RESOLVED that the Iowa Northland Regional Council of Governments is hereby authorized to submit said application to the Iowa Department of Transportation on behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 16th day of June, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Shares, CMC City C erk CITY OF WA'T'ERLOO Council Communication City Council Meeting: Tune 16, 2014 Prepared: Tune 10, 2014 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: Extension of Highway 63 Recreational Trail Application For State Recreational Trail Funds Resolution Approving Application Submission To DOT Submitted by: Jeff Bales, Associate Engineer Recommended City Council Action: Staff recommends Council approve submission of application for State Recreational Trails Funding to Iowa Department of Transportation and also approve attached resolution and authorizes Mayor to sign attached signature page of application and said resolution document. Summary Statement Transmitted herewith is the signature page for the application for State Recreational Trails Funding and the resolution approving the application. The City will be responsible for adequately maintaining the trail for a minimum of 20 -years. The maximum amount of grant that could be awarded is $750,000. A local match of 25 -percent is required plus anything over $1,000,000 in actual total project costs. It is estimated that this could reach a maximum amount of about $350,000 to $400,000. The resolution and signature page are available in the City Clerk's office if you wish to review it in its entirety. Expenditure Required Up to a maximum of $400,000. Source of Funds TAP - Funds $263,000 and Other Revenue Sources or General Obligation Bonds -$137,000 Policy Issue N/A Alternative N/A Background Information The new Highway 63 recreational trail is now being constructed from Donald Street to Parker Street along the west side of roadway. There is plan to extend this trail to the south to connect with Franklin Street. Exhibit A-2 Required Documentation and Narrative Information The following documents and narratives must be attached to this application. In the upper right-hand corner of each document or narrative write the corresponding letter shown below. ® A. A NARRATIVE assessing existing conditions, outlining the concept of the proposed project, and providing adequate project justification. The narrative must show that the concept is reasonable from a transportation engineering and/or recreational standpoint and is part of an area -wide, local, regional, or statewide plan. © B. A MAP identifying the location of the project — An optional mapping application tool is available for your use at the following website address: www.sysplan.dot.state.ia.us/fedstate_rectrails.htm ❑X C. If applying under the Existing Historic Trail Bridge project type, DOCUMENTATION showing proof that the bridge is either already listed on the National Register of Historic Places or that it is eligible to be listed. ® D. A CROSS-SECTION of the proposed trail project. O E. A SKETCH -PLAN of the trail project. ® F. An ITEMIZED BREAKDOWN of the total project costs. 0 G. A TIME SCHEDULE for the total project development. 0 H. An OFFICIAL ENDORSEMENT of the trail proposal from the authority to be responsible for the maintenance and operation. The authority must provide written assurance that it will adequately maintain the trail for its intended use and maintain the total trail used to justify the project in public use for a minimum of 20 years following project completion. El I. A NARRATIVE discussing the extent to which adjacent property owners have been informed of the proposed project and an assessment of their acceptance. Completed Minority Impact Statement attached to application [j J. The award of State Recreational Trails funds; any subsequent funding or letting of contracts for design, construction, reconstruction, improvement, or maintenance; and the furnishing of materials for this project shall not involve direct or indirect interest of any state, county, or city official, elective or appointive. All of the above are prohibited by Iowa Code Sections 314.2, 362.5, or 331.342. Any award of funding or any letting of a contract in violation of the foregoing provisions shall invalidate the award of State Recreational Trails funding and authorize a complete recovery of any funds previously disbursed. Certification To the best of my knowledge and belief, all information included in this application is true and accurate, including the commitment of all physical and financial resources. This application has been duly authorized by the participating local authority. I understand the attached OFFICIAL ENDORSEMENT(S) binds the participating local governments to assume responsibility for adequate maintenance of any new or improved trails. I understand that, although this information is sufficient to secure a commitment of funds, an executed contract between the applicant and the Department is required prior to the authorization of funds. Representing the City of Waterloo Signature Date Ernest G. Clark, Mayor Typed Name and Title Date RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, APPROVING APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR STATE RECREATIONAL TRAILS FUNDING AND DIRECTING EXECUTION OF SAID APPLICATION BY THE WATERLOO CITY COUNCIL. WHEREAS, the City of Waterloo continues to develop and improve the recreational trail system within the community for pedestrians and bicyclists; and WHEREAS, U.S. 63 from Parker St. to Franklin St. represents a critical connection for pedestrians and bicyclists to move safely and efficiently through the community; and WHEREAS, the Iowa Department of Transportation provides State Recreational Trails funds on a competitive basis for the development of recreational trails; and WHEREAS, the City of Waterloo will be responsible for adequately maintaining the trail for a minimum of twenty years; and WHEREAS, the City of Waterloo will provide the 25 percent local match as required. NOW THEREFORE BE IT RESOLVED that the City Council of Waterloo, Iowa, authorizes application to the Iowa Department of Transportation for State Recreational Trails funding. BE IT FURTHER RESOLVED that the Iowa Northland Regional Council of Governments is hereby authorized to submit said application to the Iowa Department of Transportation on behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this day of , 2014. ATTEST: Suzy Schares, City Clerk Ernest G. Clark, Mayor CITY OF WATERLOO Council Communication City Council Meeting: Tune 16, 2014 Prepared: Tune 11, 2014 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: RIGHT-OF-WAY LICENSE AGREEMENT FOR CBE COMPANIES, INC. Submitted by: Eric Thorson, PE, City Engineer Recommended City Council Action: Approve right-of-way license agreement. Summary Statement CBE Companies, Inc. would like to place fiber optic cable in the right of way to connect the building at 301 Tower Park Drive to a building they are leasing a portion of at 233 Fisher Drive. This will allow them to network the communication system between the two sites. Expenditure Required NA Source of Funds NA Policy Issue NA Alternative NA Background Information 0E'06/2014 08:32 3192343011 CBWH PAGE 03/11 RIGHT -OF -WAX LICENSE AGREEMENT SECTION L DEFINITIONS a. "City" shall mean the City of Waterloo, Iowa and, where appropriate, shall include its officers, employees and agents. b. "Licensee" shall mean CBE Comyanies• Inc. or any of its designated subsidiaries. c. "Network Segment" shall mean the communications system to be laid, constructed, installed, repaired, maintained, and operated by Licensee within the corporate limits of the City of Waterloo as contemplated by this Agreement and shall include all equipment owned, operated, leased or subleased in connection with the operation of the Network Segment, including but not be limited to poles, pedestals, wires, pipes, cables, underground conduits, ducts, manholes, vaults, fiber optic cables, and other structures, facilities or appurtenances. As of the date of this Agreement, the initial Network Segment route is generally depicted on Exhibit "A" attached hereto, and the parties agree that, for purposes of this Agreement, the initial Network Segment route consists of approximately 526 linear feet. d. "Public Improvements" shall mean any improvements as defined in Code of Iowa Section 26.2, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electric transmission lines and equipment related thereto, and in addition public utilities, on. Public Property. e. "Public Property" shall. mean City -owned or controlled public rights-of-way, easements, bridges, squares or commons. SECTION 2. BASIC GRANT; RESTRICTED USE Licensee is hereby granted a license to construct, maintain, inspect, protect, repair, replace and retain a Network Segment in, under, upon, along and across the Public Property shown and identified in Exhibi.t "A" hereto, subject to the regulatory powers of the City and subject to the conditions hereinafter set forth. This Agreement creates no rights to expand the Network Segment or to create or install a new network segment, except on the terms provided in this Agreement. This Agreement is initially intended to enable Licensee to provide improved data - transmission capabilities among its facilities. The grant of this license is expressly conditioned upon Licensee using the Network Segment solely for its ordinary and necessary business operations, and Licensee shall not sell, lease, or otherwise permit any other person to make use of the Network Segment for any purpose or at any time. SECTION 3. TERM OF AGREEMENT This Agreement andthe rights conferred hereunder shall commence on 2014 (the "Effective Date"), and shall continue for such period of time as Licensee, or its successors and assigns, operate the Network Segment. 1 06/6/2014 08:32 3192343011 CBLJH PAGE 04/11 SECTION 4e FEES REQUIRED a. Licensee shall pay an administrative fee (the "Administrative Fee") in the amount of $0.10 for each linear foot of Network Segment facilities that Licensee places or causes to be placed in, over, under or across Public Property, subject to a minimum fee of $600.00. Licensee agrees that the Administrative Fee is the City's estimate of the administrative burdens imposed on the City in connection with Licensee's application and its occupancy of Public Property, and Licensee agrees that it will not take any action, nor voluntarily provide support to any third -party action, to challenge the validity or reasonableness of such fee under applicable law. The Administrative Fee shall be payable upon execution and delivery of this Agreement, or any future amendment or addendum hereto. I,n addition to the Administrative Fee, Licensee shall pay permit fees and such other regulatory fees as may be required by applicable ordinance. An Administrative Fee calculated in the manner described above shall be payable in connection with each separate application filed by Licensee to extend or expand the Network Segment, at the time such application is filed. b. In each successive year during the term of this Agreement, Licensee shall pay an annual management fee (the "Management Fee") equal to $.01for each linear foot of Network Segment facilities that Licensee places or causes to be placed in, over, under or across Public Property, subject to a minimum fee of $50.00. Licensee agrees that the Management Fee is the City's estimate of the right-of-way management costs imposed on the City in connection with Licensee's occupancy of, and activities in and upon, Public Property, and Licensee agrees that it will not take any action, nor voluntarily provide support to any third -party action, to challenge the validity or reasonableness of such fee under applicable law. City retains the right to modify or adjust the Management Fee linear -foot charge at any time to ensure that the City is properly reimbursed for its right-of-way management costs. The Management Fee shall be payable annually, based on the linear footage of the Network Segment facilities existing at December 31 of a given year, no later than January 15 of the following year, beginning January 15, 2015. In addition to the Management Fee, Licensee shall pay permit fees and such other regulatory fees as may be required by applicable ordinance. SECTION 5. ADDITIONAL LI[CENSING PROCESS Before commencing any extension or expansion of its Network Segment, or any major repair work, or the installation of any new Network Segment in the City, the Licensee shall file with the City Engineer's Office a written statement (a "License Request") verifying the Public Property under which or upon which it proposes to extend, expand, install or repair its Network Segment. Work other than repair or replacement of existing Network Segment facilities shall require the further grant of a license for use of Public Property. The License Request shall be accompanied by a map, plan or specifications showing the proposed location of the Network Segment components with reference to streets and alleys and the Iocation of other utilities, the size and dimensions of all facilities, and the distance above or beneath the surface of the ground it is proposed to repair or to lay the same. If the proposed locations of any Network Segment facilities shall interfere with the reasonable and proper use, construction, reconstruction and maintenance of any Public Improvements or any existing public utility system component, or other structure upon or under Public Property, the City Engineer shall within 30 days after the filing of such plan, map or specifications, note the changes necessary to eliminate all interference with a Public Improvement or existing public utility system facility and refer the same back to the Licensee for amendment. Such map, plan or specifications, when properly changed and 2 06/06/2014 08:32 3192343011 CBWH PAGE 05/11 corrected, shall be filed in the City Engineer's Office, and after the approval of the same by the City Engineer and the posting of a bond required under applicable law or ordinance regulating work in or upon Public Property, if such is not waived by the City, the License Request shall be approved so that the Licensee may proceed in accordance with the approved maps, plans or specifications. Approval of a License Request does not constitute any statement, representation, or assurance by City as to the presence or location of any privately maintained facilities, equipment or infrastructure. No such excavation, construction or erection shall be commenced before approval of th.e License Request, unless it is an emergency as determined by Licensee in good faith, and all work shall be in accordance with the approved maps, plans or specifications. Each expansion or extension of the Network Segment for which a License Request is approved, and the plans, maps, and specifications therefor, shall be deemed incorporated into this Agreement by reference as an addendum hereto. Al] of Licensee's activities in relation to said expanded or extended Network Segment shall be subject to the terms of this Agreement. SECTION 6. CONSTRUCTION AND REPAIR OF FACILITIES In the process of location, construction, reconstruction, replacement, or repair of any Network Segment system component, the excavation or obstruction made or placed in Public Property at any time or for any purpose by the Licensee shall, to protect the public and to assure the safe and efficient movement of traffic, be properly barricaded to comply, at a minimum, with requirements set forth in the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD). The Licensee shall not unnecessarily obstruct the use of streets, avenues, alleys or public places, shall provide the City Engineer with no less than 24-hour notice prior to the actual commencement of the work and shall comply with all provisions, requirements, and regulations in accordance with City ordinances in performing such work. In emergencies which require immediate excavation the Licensee may proceed with the work without first applying for an excavation permit or other applicable permits, provided, however, that the Licensee shall apply for and obtain the permit(s) as soon. as possible after commencing such emergency work. All pavement taken up or damaged, and any other disturbed areas, shall be properly and speedily replaced in accordance with the City's regulations. As a condition to use of Public Property, the Licensee shall at its own expense repair any private property, utility system component, public improvement or Public Property damaged by such location, construction, reconstruction, replacement or repair work, in a manner reasonably acceptable to City. If, after excavations have been made, the Licensee fails to repair or arrange with the City for the proper repair and restoration of any Public Property to a condition as good as the condition of such property prior to the disturbance of same, and after seven (7) days notice in writing to do so is given to its designated representative, the City may make such repairs at the expense of. the Licensee. The Licensee shall pay to the City its costs and charges for such work within thirty (30) days after receipt of the City's billing. SECTION 7. WORK BY OTHERS, ALTERATION TO CONFORM 'WITH PUBLIC IMPROVEMENTS The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the City in, across, along, over or under any Public Property occupied by the Licensee and to change any curb or sidewalk or the grade of any street. In permitting others to do such work the City shall 3 06/06/2014 08:32 3192343011 CSWH PAGE 06/11 not be liable to the Licensee for any damages arising out of the performance of such work by other parties, provided City exercised reasonable care in performance of such work undertaken by the City. Nothing in this Agreement shall be construed as to relieve any other person or company from liability for damage to the Licensee's facilities. SECTION 8. LICENSEE CONTRACTORS The requirements of this Agreement shall apply to all persons, firms or corporations performing work for the Licensee under a contract, subcontract or other type of work order. SECTION 9. CONDITIONS OF OCCUPANCY Components of the Network Segment laid or constructed by the Licensee within the City shall conform to established grades of streets, alleys, and sidewalks, and be so located as to cause minimum interference with other public utilities located in or upon Public Property, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin Public Property. All conduit installed by Licensee shall terminate in a shared box or shall otherwise be accessible to others on terms that the City Engineer determines to be fair and reasonable after consideration of generally prevailing industry practices; provided, however, that Licensee may refuse joint use of conduit and pedestals based on, technical considerations, such as limited physical space in the conduit, substantial risk of damage to Licensee's fiber, or risk of interruption to critical services. Because available space in the right-of-way is limited, Licensee is encouraged to share conduit and other facilities with existing right-of-way occupants, to the extent reasonably possible. Because right-of-way space is limited, Licensee agrees to cooperate in good faith and on reasonable terms with future requests from others who desire to collocate in or jointly use any separate conduit -type facilities of Licensee in the right-of-way. Licensee may charge reasonable fees to others for future joint use of any conduit, pedestals or other infra- structure installed by Licensee. Licensee agrees to allow City to install its own pipes, cables, conduits, ducts, and/or other appurtenances within Licensee's excavation, provided that such installation is performed at City's sole expense and does not result in any material increase to the Licensee's costs. City shall, inform Licensee where it desires to collocate or install conduit, and Licensee will ask its installation contractor to provide a reasonable quote for the cost thereof. The collocation or installation of conduit or cables within Licensee's excavation shall be subject to a separate agreement between City and the contractor. The Licensee shall conduct its work hereunder in such manner as to cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by the City Engineer. The Licensee shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate its Network Segment facilities in, on, over or under Public Property in such manner as the City may at any time reasonably require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such Public Property, for the purpose of promoting the efficient operation of any such improvement, or for the purposes of facilitating the vacation and/or redevelopment of public right-of-way by the City. In the event the Licensee fails to act within a reasonably allocated 4 0E/0E/2014 08:32 3192343011 CBWH PAGE 07/11 time, the City may cause the Licensee facilities to be relocated or removed, and the costs thereof shall be billed to the Licensee and shall be paid as provided in Section 6 hereof. The Licensee shall not place its Network Segment facilities in the Public Property where the same will interfere with the normal use or maintenance of any Public Improvement, including but not limited to streets, alleys, traffic control devices, sanitary sewers, storm sewers, storm drains, or any public utility facility. Upon request, the Licensee agrees to assist in locating underground facilities which are part of its Network Segment. Such assistance will be provided in a timely manner, but not more than forty-eight (48) hours after the time of request. As a condition of this Agreement, the Licensee shall enroll as a member of the "Iowa One -Call System" and shall respond to all requests and notifications placed to the toll free "One -Call" number. Installation, repair, or replacement work completed by the Licensee that requires excavation of Public Property or public right-of-way shall require restoration and replacement of (a) any improvements that were removed, destroyed or damaged by the Licensee's work to a condition at least equal to the condition of such premises before the Licensee's work was undertaken, and (b) surface vegetation with sod in conformance with City ordinances and in accordance with standard local practices for placing sod. All work of restoration and replacement shall be subject to inspection and approval by the City Engineer or his designee. SECTION 10. POWERS OF CITY Nothing in this Agreement shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys and public grounds by anyone using the same for the erection and maintenance of utility systems. SECTION 11. PLANS AND COORDINATION Upon completion of the work the Licensee shall promptly furnish to the City copies of "as - built" plans related to its Network Segment facilities Iocated on Public Property. The Licensee shall keep complete and accurate maps and records on the locations and operations of its facilities in connection with this Agreement. SECTION 12. VIOLATIONS OF AGREEMENT Upon evidence being received by the City that a violation or breach of this Agreement or violation of codes or ordinances lawfully regulating the Licensee in the operation of its Network Segment facilities, or in the use of Public Property therefor, is occurring or has occurred (hereinafter referred to as a "default") the City shall cause an investigation to be made. If the City finds that a default exists or has occurred the City may take appropriate steps to secure compliance with the terms of this Agreement or the codes or ordinances. During the period in which any default exists, City shall be entitled to suspend the processing of any request or application by Licensee to amend the terms of this Agreement, to approve a License Request, or to grant a new permit, license, franchise, or other approval. The City shall notify the Licensee of the default and the Licensee shall curt such default within thirty (30) days after receipt of such notice; provided, however, where any such default (other than a payment default) cannot reasonably be cured within such thirty (30) day period, 5 06/06/2014 08:32 3192343011 CBWiH PAGE 03/11 Licensee shall so notify the City Engineer, and if Licensee shall proceed promptly to cure the same and prosecute such cure with due diligence, the time for curing such default shall. reasonably be extended for such period of time as may be necessary to complete such, cure, as mutually agreed uponby the parties. If the Licensee fails to cure a default within the time allowed, the City shall have the right to (i) seek specific performance; or (ii) remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Licensee; or (iii) seek damages for such default, plus interest at the rate of eighteen percent (18%) per annum, compounded monthly, on any sum due and owing; or (iv) any combination of (:i), (ii) and (iii). SECTION 13. TRANSFER OF TITLE If Licensee abandons its Network Segment system and facilities for a period of twelve (12) months or more, then at City's option City may effectuate a transfer to City of all of Licensee's right, title and interest in and to the Network Segment. Abandonment shall be presumed if Licensee has not filed with the office of the City Engineer a notice of continued use within thirty (30) days after City's written request for. same. Licensee's continued use shall be established upon filing of such notice, without regard to whether Licensee has allowed the Network Segment or some part thereof to go dark. City shall deliver to Licensee a written notice of City's intent to effectuate a transfer of title and permit Licensee a period of thirty (30) days from the date of delivery in which to provide written notice of non -abandonment, and absent such action by Licensee City may file in the public land records of Black Hawk County, Iowa, a notice of transfer of title to City. Licensee shall, not be entitled to any compensation from City for a transfer as contemplated by this Section. SECTION 14. LIABILITY, INDEMNIFICATION AND INSURANCE The Licensee covenants, at its sole cost and expense, to indemnify, defend, and save the City and its officers, agents and employees, harmless 'from any and all costs, damages, losses and liabilities whatsoever (including but not limited to the reasonable fees and expenses of attorneys and accountants), of any kind or nature, whether in tort or contract, arising directly or indirectly from the exercise of the rights granted herein or from the acts or omissions of Licensee, its employees, contractors and agents, in respect of the Network Segment, any Network Segment facilities, any work relating thereto, or any access to or use of the Network Segment by third parties. The Licensee agrees to require contractors and subcontractors engaged in work for the Licensee within the public rights-of-way or on public property to maintain in effect during the termof work liability insurance in comprehensive form and in the amounts to be reasonably set by the City. Licensee agrees to accept the risk of having its communications systems and equipment upon the public right-of-way, including the possible risk of damage or injury to its system or equipment, and agrees to release and discharge the City of any liability for damage or injury to Licensee's equipment, except to the extent caused by the City's gross negligence. In no event shall the City be liable for any consequential damages arising out of any damage or injury to Licensee's equipment placed in the right-of-way. The covenants set forth in this Section shall survive the termination or expiration of this Agreement for any reason. SECTION 15. SEVERABILITY In the event any provision of this Agreement is held invalid, illegal, or unenforceable, whether in whole or in, part, the offending provision or part thereof shall be deemed severed from 6 06/06/2014 08:32 3192343011 CBWH PAGE 09/11 this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Agreement is invalid, illegal, or unenforceable as written, but that by modifying or limiting such provision it would become valid, legal., and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so modified or limited without affecting the remaining provisions of this Agreement, provided, however, that in such event City shall have the option, exercisable in its sole discretion, to terminate this Agreement. SECTION 16. ASSIGNMENT Licensee shall not assign or otherwise transfer this Agreement or any of its rights and interest to any firm, corporation or individual without the prior written consent of the City, except that Licensee shall have the right to assign, convey or otherwise transfer its rights, title, interest and obligations under this Agreement, in whole or in part, to any entity controlled by, controlling or under common control with Licensee, or any entity into which Licensee may be merged or consolidated or which purchases all or substantially all of the assets of Licensee, provided that Licensee shall notify the City in writing of any permitted assignment, conveyance or transfer within thirty (30) days of its occurrence. SECTION 17. VACATION OF STREETS AND ALLEY So long as the Licensee exercises the rights granted to it hereunder the City will not, by ordinance or otherwise, vacate any street, alley or public way in which the Licensee has installed its facilities without reserving such rights as necessary to allow continued use of such property for the said facilities in accordance with the terms of this Agreement, provided that nothing herein shall limit the City's right to require the Licensee to relocate it facilities as provided in Section 10 hereof. SECTION 18. DELIVERY OF NOTICES Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail and addressed as follows, unless indicated otherwise in the future: If to City: With a copy to: If to Licensee: City of Waterloo, Iowa Attn: City Engineer 715 Mulberry Street Waterloo, IA 50703 City of Waterloo, Iowa Attn: City Attorney 715 Mulberry Street Waterloo, IA. 50703 CBE Companies, Inc. Attn: Deb Reinhardt 1309 Technology Parkway Cedar Rapids, IA 50613 7 06/06/2014 08:32 3192343011 CBWH PAGE 10/11 Provided, however, that in the case of an emergency, notices may be given verbally to the above named persons. In such case written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by the addressee. Notice shall be deemed given three (3) days after the date of mailing if done by certified mail, the next business day if sent by a recognized national overnight carrier or courier, or otherwise on the date actual notice is received. SECTION 19. APPLICABLE LAWS This Agreement is subject to all applicable federal, state and local laws, regulations and orders of governmental agencies as amended, including but not limited to the Communications Act of 1934 as amended, the Telecommunications Act of 1996 as amended and the rules and regulations of the FCC. Neither City nor Licensee waives any rights they may have under any such laws, rules or regulations. SECTION 20. GOVERNING LAW; LEGAL ACTION This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa. In any action to interpret, construe or enforce this Agreement, the parties hereby agree and consent (i) to irrevocably submit to the jurisdiction and venue of the Iowa District Court for Black Hawk County, over any action or proceeding to enforce or defend any matter arising from or related to this Agreement; (ii) to irrevocably waive, to the fullest extent a party may effectively do so, the defense of any inconvenient forum to the maintenance of any such action or proceeding; and (iii) not to institute any legal action or proceeding against the other party or any of the directors, officers, officials, employees, successors, assigns, agents or property of the other party, concerning any matter arising out of or relating to this Agreement, in any court other than one specified in this Section. SECTION 21. GENERAL PROVISIONS This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. It may not be modified or amended except by a written instrument signed by both parties. This Agreement is binding upon the parties and the permitted successors, assigns, transferees and personal representatives of each of them. IN WITNESS WHEREOF, the parties have entered into this Right -of -Way License Agreement by their duly authorized representatives as of the Effective Date. [signatures on next page] 8 06/06/2014 08:32 3192343011 CBWH PAGE 11/11 CBE COMPANIES, INC. By: Title: 9 CITY OF WATERLOO, IOWA By: Ernest G. Clark, Mayor. a Pr:4,sec —1 —• ) • f ; „•• ; , I - •••., -•••, L — I '1"•••7 I --r-- 526 I. —! 1 / / / ' - .‘ A 1 E•;s01•;; Exhibit A HIGHVAF CEPPIDEP H I f . • F.: , r ; . ! , I page # scale I '=100" drawn by W.JL date 5-15-2014 Lf -1 >-•La, I 6-3 .„._ 1..7, O. LtnL ILj 12C L TOWER PARK w 148034 ) Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-506 RESOLUTION APPROVING RIGHT-OF-WAY LICENSE AGREEMENT WITH CBE COMPANIES, INC. OF WATERLOO, IOWA AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Right -of -Way License Agreement dated June 16, 2014, to allow the use of City right-of-way for a communication system, by and between CBE Companies, Inc. of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 16th day of June, 2014. de/Ernest G. Clark, Mayor ATTEST: ha es, CMC City Clerk Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES t3 and I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Deve/oprnent Director Council Communication City Council Meeting: June 16, 2014 Prepared: June 11, 2014 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Resolution approving: 1. Business Property Lease with R & S Rental Properties, LLC 2. Business Property Lease with R & S Commercial, LLC 3. Exchange Agreement with R & S Commercial, LLC 4. Exchange Agreement with R & S Rental Properties, LLC All as a part of the SJ Construction expansion and relocation project, and authorize the Mayor and City Clerk to sign and fully execute any necessary documents. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Approve resolution for documents Summary Statement: As you may recall, the City of Waterloo is working with R & S Commercial LLC and R & S Rental LLC (SJ Construction) for the relocation and expansion of SJ Construction and the potential relocation of a home on the block at the northwest corner of East 9th and Sycamore. The approved Development Agreement would convey lots to SJ Construction in the Rath area for their new warehouse and office, as well as a potential lot, acquired by 657A, for house relocation. This project would help create new commercial development over $240,000 in new taxable value, as well as work for infill neighborhood development to the area. Expenditure Required: NA Source of Funds: NA Policy Issue: Economic Development within the City of Waterloo. Alternative: NA Background Information: The City is seeing some great new residential investment in this neighborhood, and this project works to help create new lots for new residential development, as well as helping an existing Waterloo business expands in the former Rath area. CITY WEBSITE: vwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Eque! Opportunity/Affirmative Action Employer BUSINESS PROPERTY LEASE This Business Property Lease (the "Lease") is made and entered into as of , 2014, by and between the City of Waterloo, Iowa, an Iowa municipal corporation ("Landlord"), whose address for the purpose of this Lease is 715 Mulberry Street, Waterloo, Iowa, 50703, and R & S Rental Properties, LLC ( "Tenant"), whose address for the purpose of this Lease is 1027 Sycamore Street, Waterloo, Iowa, 50703. 1. PREMISES AND TERM. The Landlord, in consideration of the rents herein reserved and of the agreements and conditions herein contained, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases from Landlord, according to the terms and provisions herein, the following described real estate, situated in Black Hawk County, Iowa, to wit: The NW 35 feet of the SE 75 feet of Lot 9, in Block No. 18 in the Original Plat on the East Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa, Commonly known as 1025 Sycamore Street, Waterloo, Iowa, with the improvements thereon and all rights, easements, and appurtenances thereto belonging, for a term commencing upon execution of this Lease and continuing until and including December 31, 2014, upon the condition that the Tenant pays rent therefor, and otherwise performs as provided in this Lease. This Lease shall automatically renew for up to five (5) additional terms of one month each unless one party delivers to the other, at least one month before the next scheduled renewal date, a written notice of termination. 2. RENTAL. Tenant agrees to pay to Landlord as rental for said term, as follows: $ 1.00 per year, in advance, due upon signing of this Lease. No additional sums shall be payable in connection with renewal of the Lease as provided in Section 1. 3. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease, and shall yield possession to the Landlord at the time and date of the close of this Lease term, except as herein otherwise expressly provided. 4. USE OF PREMISES; PRIOR USE. Tenant covenants and agrees during the term of this Lease to use and to occupy the leased premises only for activities and purposes consistent with and incidental to the business of renting out residential property. Landlord has not reviewed zoning or other applicable legal requirements or limitations imposed by any local, state, or federal governmental authority that may affect Tenant's use of the premises, and Landlord makes no representation or warranty that the premises is suitable for Tenant's intended use. Tenant shall conduct its own review of applicable law and shall be solely responsible for meeting all legal requirements, including but not limited to building permits, licensure, or governmental approval. The parties acknowledge that Tenant is the former owner of the premises and that this Lease is a lease -back following Landlord's purchase of the premises according to the terms of a development agreement between the parties. 5. QUIET ENJOYMENT. Landlord covenants that its estate in said premises is fee simple and that the Tenant on paying the rent herein reserved and performing all the agreements by the Tenant to be performed as provided in this Lease, shall and may peaceably have, hold and enjoy the demised premises for the term of this Lease free from molestation, eviction or disturbance by the Landlord or any other persons or legal entity whatsoever. (But see paragraph 14, below.) Landlord shall have the right to mortgage all of its right, title, interest in said premises at any time without notice, subject to this Lease. 6. CARE AND MAINTENANCE OF PREMISES. Each party shall perform its responsibilities of repair and maintenance to the end that the premises will be kept in a safe and serviceable condition. Neither party will permit nor allow the premises to be damaged or depreciated in value by any act, omission, or negligence of itself, its agents or employees. (a) Tenant takes said premises in their present condition except for such repairs and alterations as may be expressly herein provided or to which Landlord may hereafter give its prior written consent. Tenant acknowledges that it is the former owner of the premises and that it is fully familiar with the condition of same. 1 (b) LANDLORD'S DUTY OF CARE AND MAINTENANCE. Landlord shall have no duty whatsoever to care for or maintain the premises or any part thereof. (c) TENANT'S DUTY OF CARE AND MAINTENANCE. Tenant shall, after taking possession of said premises and until the termination of this Lease and the actual removal from the premises, at its own expense, care for, maintain, and repair the exterior and interior parts of said premises in a reasonably safe and serviceable condition consistent with its own needs and pursuant to applicable law, ordinance or regulation. Tenant will furnish its own interior and exterior decorating. Tenant's duties under this Section shall include, but not be limited to, the foundation, roof, and other structural parts of the premises, all fixtures and mechanical systems, and any other feature of the premises that is commonly cared for, repaired, or maintained by a landlord. Tenant at its own expense may install floor covering and will maintain such floor covering in good condition. Tenant will be responsible for the plate glass in the windows of the leased premises and for maintaining the sidewalks and parking areas on and abutting the leased premises. Tenant shall make no structural alterations or improvements without the Landlord's prior written approval of the plans and specifications therefor. Tenant shall be responsible for all necessary upkeep of lawns, grounds, and landscaping, if any, to keep the premises well-maintained. Tenant shall be responsible to clear ice and snow from all sidewalks and parking areas on or abutting the premises. (d) Tenant will make no unlawful use of said premises and agrees to comply with all valid regulations of the Board of Health, municipal ordinances, the laws of the State of Iowa and the federal government, but this provision shall not be construed as creating any duty by Tenant to members of the general public. Tenant will not allow trash of any kind to accumulate on said premises or the parking area, yards, or sidewalks, and it will remove same from the premises at its own expense. (e) Tenant shall have responsibility for and perform all acts necessary for compliance with the Americans with Disabilities Act. 7. FACILITY SERVICES. (a) UTILITIES AND SERVICES. Tenant, during the term of this Lease, shall pay before delinquency all charges for use of telephone, water, sewer, gas, electricity, power, garbage or trash disposal, and all other utilities or services of whatever kind and nature which may be used in or upon the leased premises. (b) AIR CONDITIONING AND HEATING equipment shall be initially furnished by Landlord, and Tenant shall maintain, repair, and replace same. (c) JANITOR SERVICE shall be furnished at the expense of Tenant. 8. END OF TERM. (a)This Lease shall terminate upon expiration of the original term or applicable renewal terms, in accordance with the terms of Section 1. (b) SURRENDER OF PREMISES AT END OF TERM; REMOVAL OF FIXTURES. Tenant agrees that upon the termination of this Lease it will surrender, yield up and deliver the leased premises in good and clean condition, except the effects of ordinary wear and tear and depreciation arising from lapse of time, or damage not covered by insurance. (c) Tenant may, at the expiration of the term of this Lease, or renewal or renewals thereof or at a reasonable time thereafter, if Tenant is not in default hereunder, remove any equipment which said Tenant has installed in the leased premises, providing said Tenant repairs any and all damages caused by removal. Notwithstanding the foregoing, all leasehold improvements made by Tenant and all fixtures installed by Tenant shall remain upon the premises and shall be the sole property of Landlord. (d) HOLDING OVER. Tenant shall not continue to occupy the premises beyond the Lease term without the express prior written consent of Landlord. 9. ASSIGNMENT AND SUBLETTING. Tenant may not assign this Lease without the prior written consent of Landlord, but Tenant may sublet the premises for residential rental purposes, subject to this Lease but not for a term beyond December 31, 2014. In connection with any sublease, Tenant shall terminate same and take all action necessary, at its sole expense, to remove all subtenants so that the premises is vacant by December 31, 2014. 2 Notwithstanding anything to the contrary in this paragraph, Tenant may assign this Lease to the surviving entity in connection with any corporate merger, consolidation or reorganization to which Tenant is a party. 10. PROPERTY TAXES. Tenant shall pay all installments of real estate taxes, and all increases in installments, that would become delinquent if not paid during the term of this Lease. Tenant shall also timely pay all taxes, assessments, or other public charges levied or assessed by lawful authority against its personal property on the premises during the term of this Lease. Tenant shall pay all special assessments that would become delinquent if not paid during the term of this Lease. Each party reserves the right to protest any assessment of taxes. 11. INSURANCE. (a) Tenant agrees that it will at its own expense procure and maintain hazard insurance (i.e., fire and extended coverage) on the Property for the benefit of the parties as their respective interest may appear. Coverage shall be not less than $65,000. From and after delivery of possession, Buyer shall provide no fire and extended coverage insurance on said premises. Certificates or copies of said policies, naming the Landlord as an additional insured, and providing for thirty (30) days' advance notice to the Landlord before cancellation, shall be delivered to the Landlord within no later than the date that Tenant begins to occupy the leased premises. A renewal certificate shall be provided to Landlord prior to expiration of any policy. Tenant's share of such insurance proceeds are hereby assigned and made payable to the Landlord to secure rent or other obligations then due and owing by Tenant to Landlord. To the extent permitted by their policies, Landlord and Tenant waive all rights of recovery against each other. (b) Tenant further covenants and agrees that it will at its own expense procure and maintain commercial general liability insurance in the amount of not less than $1,000,000 per occurrence and $3,000,000 annual aggregate. Such insurance shall cover liability arising from premises operations, independent contractors, personal injury, products, and completed operations and liability assumed under an insured contract, including but not limited to the activities of Tenant, its employees and agents. Certificates or copies of said policies, naming the Landlord as an additional insured, and providing for thirty (30) days' advance notice to the Landlord before cancellation, shall be delivered to the Landlord within no later than the date that Tenant begins to occupy the leased premises. A renewal certificate shall be provided to Landlord prior to expiration of any policy. (c) Tenant will not do or omit the doing of any act which would vitiate any insurance, or increase the insurance rates in force upon the real estate improvements on the premises or upon any personal property of the Tenant upon which the Landlord by law or by the terms of this Lease, has or shall have a lien. (d) Tenant further agrees to comply with recommendations of Iowa Insurance Services Office, or its successor office, and to be liable for and to promptly pay, as if current rental, any increase in insurance rates on said premises and on the building of which said premises are a part, due to increased risks or hazards resulting from Tenant's use of the premises otherwise than as herein contemplated and agreed. 12. INDEMNITY. Except as to any negligence of the Landlord or its agents in the performance of any obligation of Landlord under this Lease, and to the extent not covered by insurance maintained by Landlord or Tenant, Tenant will protect, indemnify, and save harmless the Landlord, its officers, officials, employees, and agents, from and against any and all claims, demands, causes of action, loss, costs, expenses, damages and liabilities of any type or nature (including but not limited to attorneys' fees and expenses) occasioned by, or arising out of, any accident or other occurrence causing or inflicting injury and/or damage to any person or property, happening or done, in, upon, or about the leased premises, or due directly or indirectly to the tenancy, use, or occupancy thereof, or any part thereof by the Tenant or any person claiming through or under the Tenant. Prior to occupancy of the leased premises hereunder, Tenant has had the opportunity to test the premises for toxic or hazardous substances, mold, and other environmental matters, and Tenant agrees that the indemnities set forth in this paragraph shall include but not be limited to any claims, demands, losses, or causes of action arising from or relating to such matters. The provisions of this paragraph shall survive the expiration, abandonment, or termination of this Lease. 13. FIRE AND CASUALTY. (a) PARTIAL DESTRUCTION OF PREMISES. In the event of a partial destruction or damage of the leased premises which causes a business interference by preventing the conduct of a normal business operation, and which damage is reasonably repairable within sixty (60) days after its occurrence, this Lease shall not terminate but the rent for the leased premises shall abate during the time of such business interference. In the event of partial destruction, Tenant shall have the option to repair such damages. (b) ZONING. If the zoning ordinance of the municipality in which this property is located makes it impossible for Landlord, using diligent and timely effort, to obtain necessary permits and to repair and/or rebuild so that Tenant is 3 able to conduct its business on these premises, then such partial destruction shall be treated as a total destruction as in the next paragraph provided. (c) TOTAL DESTRUCTION OF BUSINESS USE. In the event of a destruction or damage of the leased premises, including the parking area (if a parking area is a part of the subject matter of this Lease), so that Tenant is not able to conduct its business on the premises, and which damages cannot be repaired within sixty (60) days, this Lease may be terminated at the option of either the Landlord or Tenant. Such termination in such event shall be effected by written notice of one party to the other, within twenty (20) days after such destruction. Tenant shall surrender possession within ten (10) days after such notice issues and, each party shall be released from all future obligations hereunder, Tenant paying rental pro rata only to the date of such destruction. 14. CONDEMNATION. (a) DISPOSITION OF AWARDS. Should the whole or any part of the demised premises be condemned or taken by a competent authority for any public or quasi -public use or purpose, each party shall be entitled to retain, as its own property, any award payable to it. Or in the event that a single entire award is made on account of the condemnation, each party will then be entitled to take such proportion of said award as may be fair and reasonable. (b) DATE OF LEASE TERMINATION. If the whole of the demised premises shall be so condemned or taken, the Landlord shall not be liable to the Tenant except and as its rights are preserved as in paragraph 14(a) above. 15. TERMINATION OF LEASE AND DEFAULTS OF TENANT. (a) TERMINATION UPON EXPIRATION OR UPON NOTICE OF DEFAULTS. This Lease shall terminate upon expiration of the demised term. Upon default by Tenant in accordance with the terms and provisions of this Lease, or upon Tenant's abandonment of the premises by failure to engage in its usual and customary business activities on the premises for more than fifteen (15) consecutive business days, this Lease may at the option of the Landlord be canceled and forfeited, provided, however, before any such cancellation and forfeiture except as provided in 15(b) below, Landlord shall give Tenant a written notice specifying the default, or defaults, and stating that this Lease will be canceled and forfeited ten (10) days after the giving of such notice, unless such default, or defaults, are remedied within such grace period. As an additional optional procedure or as an alternative to the foregoing (and neither being exclusive of the other), Landlord may proceed as provided in paragraph 22 below. (b) BANKRUPTCY OR INSOLVENCY OF TENANT. In the event Tenant is adjudicated a bankrupt or in the event of a judicial sale or other transfer of Tenant's leasehold interest by reason of any bankruptcy or insolvency proceedings or by other operation of law, but not by death, and such bankruptcy, judicial sale, or transfer has not been vacated or set aside within ten (10) days from the giving of notice thereof by Landlord to Tenant, then and in any such events Landlord may, at its option, immediately terminate this Lease and, upon giving of ten (10) days' written notice by Landlord to Tenant, re-enter said premises, all to the extent permitted by applicable law. (c) In (a) and (b) above, waiver as to any default shall not constitute a waiver of any other or subsequent default. (d) Acceptance of keys, advertising, and re -renting by the Landlord upon the Tenant's default shall be construed only as an effort to mitigate damages by the Landlord, and not as an agreement to terminate this Lease. 16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE OTHER. If default shall be made by either party in the performance of, or compliance with, any of the terms, covenants, or conditions of this Lease, and such default shall have continued for thirty (30) days after written notice thereof from one party to the other, the person aggrieved, in addition to all other remedies now or hereafter provided by law, may, but need not, perform such term, covenant, or condition, or make good such default, and any amount advanced shall be repaid forthwith on demand, together with interest at the rate of 10% per annum from the date of advance. 17. SIGNS. (a) Tenant shall have the right and privilege of attaching, affixing, painting, or exhibiting signs on the leased premises, provided only (1) that any and all signs shall comply with the ordinances of the municipality in which the property is located and with the laws of the State of Iowa; (2) such signs shall not change the structure of the building; (3) such signs if and when taken down shall not damage the building; and (4) such signs shall be subject to the prior written approval of the Landlord, which approval shall not be unreasonably withheld. 4 (b) Landlord during the last ninety (90) days of this Lease, or extension, shall have the right to maintain in the windows or on the building or on the premises either or both a "For Rent" or "For Sale" sign and Tenant will permit, at such time, prospective tenants or buyers to enter and examine the premises. 18. MECHANIC'S LIENS. Neither the Tenant nor anyone claiming by, through, or under the Tenant, shall have the right to file or place any mechanic's lien or other lien of any kind or character whatsoever upon said premises or upon any building or improvement thereon, or upon the leasehold interest of the Tenant therein, and notice is hereby given that no contractor, subcontractor, or anyone else who may furnish any material, service, or labor for any building, improvements, alteration, repairs or any part thereof, shall at any time be or become entitled to any lien thereon, and for the further security of the Landlord, the Tenant covenants and agrees to give actual notice thereof in advance to any and all contractors and subcontractors who may furnish or agree to furnish any such material, service, or labor. 19. LANDLORD'S LIEN AND SECURITY INTEREST. Landlord shall have, in addition to the lien given by law, a security interest as provided by the Uniform Commercial Code as codified in the State of Iowa upon all personal property, and all substitutions, replacements, accessories, and accessions thereto and thereof, kept and used on the leased premises by Tenant. Landlord may proceed at law or in equity with any remedy provided by law or by this Lease for the recovery of rent or for termination of this Lease because of Tenant's default in its performance. 20. SUBSTITUTION OF EQUIPMENT, MERCHANDISE. ETC. Tenant shall have the right, from time to time during the term of this Lease, to sell or otherwise dispose of any personal property of the Tenant situated on the leased premises, when in the judgment of the Tenant it shall have become obsolete, outworn, or unnecessary in connection with the operation of Tenant's business on the leased premises; provided, however, that the Tenant shall, in such instance and at its own expense, substitute for such items of personal property so sold or otherwise disposed of, a new or other item in substitution thereof, in like or greater value and adopted to the affixed operation of the business upon the leased premises (unless no substituted article or item is necessary). 21. OTHER PROVISIONS. (a) Before the end of the Lease term, Tenant may exercise salvage rights with respect to any portion of the premises, including but not limited to removal of the house to other property, provided that Tenant shall at all times keep structures on the premises secure against entry by third parties and, after removal of the house from its foundation, shall erect safety fencing for protection of the public against injury. All actions required of Tenant under this paragraph shall be performed at the sole expense of Tenant. 22. RIGHTS CUMULATIVE. The various rights, powers, options, elections, and remedies of either party as provided in this Lease shall be construed as cumulative and no one of them as exclusive of the others or exclusive of any rights, remedies, or priorities allowed either party by law, and shall in no way affect or impair the right of either party to pursue any other equitable or legal remedy to which either party may be entitled as long as any default remains in any way unremedied, unsatisfied, or undischarged. 23. NOTICES AND DEMANDS. Notices as provided for in this Lease shall be given to the respective parties hereto at the respective addresses designated on page one of this Lease unless either party notifies the other, in writing, of a different address. Without prejudice to any other method of notifying a party in writing or making a demand or other communication, such message shall be considered given under the terms of this Lease when sent, addressed as above designated, postage prepaid, by registered or certified mail, return receipt requested, by the United States mail and so deposited in a United States mail box. 24. BINDING EFFECT. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective heirs, personal representatives, successors, and assigns of the parties hereto; except that if any part of this Lease is held in joint tenancy, the successor in interest shall be the surviving joint tenant. 25. CHANGES TO BE IN WRITING. None of the covenants, provisions, terms, or conditions of this Lease to be kept or performed by Landlord or Tenant shall be in any manner modified, waived, or abandoned, except by a written instrument duly signed by the parties and delivered to the Landlord and Tenant. This Lease contains the entire agreement of the parties and supersedes any and all discussions, negotiations, understandings, or agreements pertaining to the subject matter hereof. 26. CONSTRUCTION. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine, feminine, or neuter, according to the context. 5 IN WITNESS WHEREOF, the parties hereto have duly executed this Business Property Lease as of the date first written above. LANDLORD TENANT City of Waterloo, Iowa R & S Rental Properties, LLC By: By: Ernest G. Clark, Mayor Steven J. Santomauro, Manager Attest: Suzy Schares, City Clerk 6 BLACK HAWK EXCHANGE, INC. June 4, 2014 City of Waterloo, Iowa 0/0 Christopher Wendland 315 East 5th Street Waterloo, IA 50703 Greeting: You are hereby notified that, pursuant to a certain Exchange Agreement between R & S Rental Properties, LLC and Black Hawk Exchange Inc., as Qualified Intermediary, the rights under agreement to sell the 1025 Sycamore Street and real estate parcel # 8913-25-137-013 in Waterloo, IA were assigned to Black Hawk Exchange Inc. It is intended that this transaction be treated by the seller as part of a tax deferred exchange of the property rather than an outright sale. Notwithstanding the fact that the contract rights have been assigned to Black Hawk Exchange Inc., as Qualified Intermediary, pursuant to the terms of the Exchange Agreement and applicable regulations, you may expect to receive transfer of, and any applicable bill of sale, directly from R & S Rental Properties, LLC. Enclosed are two originals of the Exhibit B of their Exchange Agreement that I would appreciate if you would sign and return at your earliest possible convenience. The enclosed Exhibit B —Approval of Assignment is simply a document that acknowledges that you are aware the seller assigned the Development Agreement to Black Hawk Exchange in order to facilitate a 1031 tax deferred exchange. By signing the document it has no impact on your purchase of the property and bears no financial cost to you. Should you have any questions, please give me a call at 319-232-2576 or through email of bmostek@bh1031x.com Thank you. Sincerely, Barb Mostek President 221 East 4th. Street • Suite 21 • Waterloo, IA 50703 • (319) 232-2576 APPROVAL OF ASSIGNMENT City of Waterloo, Iowa, ("Purchaser"), hereby acknowledges and approves the transfer and assignment of right, title and interest in and to (0 the Relinquished Property located at 1025 Sycamore Street and Parcel No. 8913-25- 137-013, Waterloo, IA and (ii) the Development Agreement relating to the Relinquished Property from the Exchanger to Black Hawk Exchange, Inc. Purchaser is approving and accepting this Assignment for the sole purpose of fulfilling its obligations under the Development Agreement. Purchaser agrees to accept a deed to the Relinquished Property issued directly to the Purchaser by the Exchanger. Purchaser further agrees that following the date of closing of the Development Agreement ("Transfer Date"), Black Hawk Exchange, Inc. shall have no personal liability to Purchaser for any claims under the Development Agreement, or any other agreements relating to Relinquished Property, and that Purchaser shall enforce any rights it may have under any of said agreements solely against the Exchanger. Purchaser indemnifies Black Hawk Exchange, Inc. against any liability or costs or expenses incurred as a result of Black Hawk Exchange, Inc. acquiring or maintaining beneficial and/or legal ownership of the Relinquished Property, or possession thereof, except for any liability arising from Black Hawk Exchange Inc.'s own acts. CITY OF WATERLOO, IOWA BY: ITS: Dated:: ACCEPTANCE OF ASSIGNMENT Black Hawk Exchange, Inc. hereby accepts this Assignment. BLACK HAWK EXCHANGE, INC. By: Dated: Barbara J. Mostek, President APPROVAL OF ASSIGNMENT City of Waterloo, Iowa, ("Purchaser"), hereby acknowledges and approves the transfer and assignment of right, title and interest in and to (i) the Relinquished Property located at 1025 Sycamore Street and Parcel No. 8913-25- 137-013, Waterloo, IA and (ii) the Development Agreement relating to the Relinquished Property from the Exchanger to Black Hawk Exchange, Inc. Purchaser is approving and accepting this Assignment for the sole purpose of fulfilling its obligations under the Development Agreement. Purchaser agrees to accept a deed to the Relinquished Property issued directly to the Purchaser by the Exchanger. Purchaser further agrees that following the date of closing of the Development Agreement ("Transfer Date"), Black Hawk Exchange, Inc. shall have no personal liability to Purchaser for any claims under the Development Agreement, or any other agreements relating to. Relinquished Property, and that Purchaser shall enforce any rights it may have under any of said agreements solely against the Exchanger. Purchaser indemnifies Black Hawk Exchange, Inc. against any liability or costs or expenses incurred as a result of Black Hawk Exchange, Inc. acquiring or maintaining beneficial and/or legal ownership of the Relinquished Property, or possession thereof, except for any liability arising from Black Hawk Exchange Inc.'s own acts. CITY OF WATERLOO, IOWA BY: ITS: Dated: ACCEPTANCE OF ASSIGNMENT Black Hawk Exchange, Inc. hereby accepts this Assignment. BLACK HAWK EXCHANGE, INC. By: Barbara J. Mostek, President Dated: BUSINESS PROPERTY LEASE This Business Property Lease (the "Lease") is made and entered into as of , 2014, by and between the City of Waterloo, Iowa, an Iowa municipal corporation ("Landlord"), whose address for the purpose of this Lease is 715 Mulberry Street, Waterloo, Iowa, 50703, and R & S Commercial, LLC ( "Tenant"), whose address for the purpose of this Lease is 1027 Sycamore Street, Waterloo, Iowa, 50703. 1. PREMISES AND TERM. The Landlord, in consideration of the rents herein reserved and of the agreements and conditions herein contained, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases from Landlord, according to the terms and provisions herein, the following described real estate, situated in Black Hawk County, Iowa, to wit: The SE 40 feet of Lot 9, and the SE one-half of Lot 8, in Block No. 18 in the Original Plat on the East Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa, Commonly known as 1027 Sycamore Street, Waterloo, Iowa, with the improvements thereon and all rights, easements, and appurtenances thereto belonging, for a term commencing upon execution of this Lease and continuing until and including December 31, 2014, upon the condition that the Tenant pays rent therefor, and otherwise performs as provided in this Lease. This Lease shall automatically renew for up to five (5) additional terms of one month each unless one party delivers to the other, at least one month before the next scheduled renewal date, a written notice of termination. 2. RENTAL. Tenant agrees to pay to Landlord as rental for said term, as follows: $ 1.00 per year, in advance, due upon signing of this Lease. No additional sums shall be payable in connection with renewal of the Lease as provided in Section 1. 3. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease, and shall yield possession to the Landlord at the time and date of the close of this Lease term, except as herein otherwise expressly provided. 4. USE OF PREMISES; PRIOR USE. Tenant covenants and agrees during the term of this Lease to use and to occupy the leased premises only for activities and purposes consistent with and incidental to general commercial purposes. Landlord has not reviewed zoning or other applicable legal requirements or limitations imposed by any local, state, or federal governmental authority that may affect Tenant's use of the premises, and Landlord makes no representation or warranty that the premises is suitable for Tenant's intended use. Tenant shall conduct its own review of applicable law and shall be solely responsible for meeting all legal requirements, including but not limited to building permits, licensure, or governmental approval. The parties acknowledge that Tenant is the former owner of the premises and that this Lease is a lease -back following Landlord's purchase of the premises according to the terms of a development agreement between the parties. 5. QUIET ENJOYMENT. Landlord covenants that its estate in said premises is fee simple and that the Tenant on paying the rent herein reserved and performing all the agreements by the Tenant to be performed as provided in this Lease, shall and may peaceably have, hold and enjoy the demised premises for the term of this Lease free from molestation, eviction or disturbance by the Landlord or any other persons or legal entity whatsoever. (But see paragraph 14, below.) Landlord shall have the right to mortgage all of its right, title, interest in said premises at any time without notice, subject to this Lease. 6. CARE AND MAINTENANCE OF PREMISES. Each party shall perform its responsibilities of repair and maintenance to the end that the premises will be kept in a safe and serviceable condition. Neither party will permit nor allow the premises to be damaged or depreciated in value by any act, omission, or negligence of itself, its agents or employees. (a) Tenant takes said premises in their present condition except for such repairs and alterations as may be expressly herein provided or to which Landlord may hereafter give its prior written consent. Tenant acknowledges that it is the former owner of the premises and that it is fully familiar with the condition of same. 1 (b) LANDLORD'S DUTY OF CARE AND MAINTENANCE. Landlord shall have no duty whatsoever to care for or maintain the premises or any part thereof. (c) TENANT'S DUTY OF CARE AND MAINTENANCE. Tenant shall, after taking possession of said premises and until the termination of this Lease and the actual removal from the premises, at its own expense, care for, maintain, and repair the exterior and interior parts of said premises in a reasonably safe and serviceable condition consistent with its own needs and pursuant to applicable law, ordinance or regulation. Tenant will furnish its own interior and exterior decorating. Tenant's duties under this Section shall include, but not be limited to, the foundation, roof, and other structural parts of the premises, all fixtures and mechanical systems, and any other feature of the premises that is commonly cared for, repaired, or maintained by a landlord. Tenant at its own expense may install floor covering and will maintain such floor covering in good condition. Tenant will be responsible for the plate glass in the windows of the leased premises and for maintaining the sidewalks and parking areas on and abutting the leased premises. Tenant shall make no structural alterations or improvements without the Landlord's prior written approval of the plans and specifications therefor. Tenant shall be responsible for all necessary upkeep of lawns, grounds, and landscaping, if any, to keep the premises well-maintained. Tenant shall be responsible to clear ice and snow from all sidewalks and parking areas on or abutting the premises. (d) Tenant will make no unlawful use of said premises and agrees to comply with all valid regulations of the Board of Health, municipal ordinances, the laws of the State of Iowa and the federal government, but this provision shall not be construed as creating any duty by Tenant to members of the general public. Tenant will not allow trash of any kind to accumulate on said premises or the parking area, yards, or sidewalks, and it will remove same from the premises at its own expense. (e) Tenant shall have responsibility for and perform all acts necessary for compliance with the Americans with Disabilities Act. 7. FACILITY SERVICES. (a) UTILITIES AND SERVICES. Tenant, during the term of this Lease, shall pay before delinquency all charges for use of telephone, water, sewer, gas, electricity, power, garbage or trash disposal, and all other utilities or services of whatever kind and nature which may be used in or upon the leased premises. (b) AIR CONDITIONING AND HEATING equipment shall be initially furnished by Landlord, and Tenant shall maintain, repair, and replace same. (c) JANITOR SERVICE shall be furnished at the expense of Tenant. 8. END OF TERM. (a)This Lease shall terminate upon expiration of the original term or applicable renewal terms, in accordance with the terms of Section 1. (b) SURRENDER OF PREMISES AT END OF TERM; REMOVAL OF FIXTURES. Tenant agrees that upon the termination of this Lease it will surrender, yield up and deliver the leased premises in good and clean condition, except the effects of ordinary wear and tear and depreciation arising from lapse of time, or damage not covered by insurance. (c) Tenant may, at the expiration of the term of this Lease, or renewal or renewals thereof or at a reasonable time thereafter, if Tenant is not in default hereunder, remove any equipment which said Tenant has installed in the leased premises, providing said Tenant repairs any and all damages caused by removal. Notwithstanding the foregoing, all leasehold improvements made by Tenant and all fixtures installed by Tenant shall remain upon the premises and shall be the sole property of Landlord. (d) HOLDING OVER. Tenant shall not continue to occupy the premises beyond the Lease term without the express prior written consent of Landlord. 9. ASSIGNMENT AND SUBLETTING. Tenant may not assign this Lease or sublet the premises or any part thereof without the prior written consent of Landlord. Notwithstanding anything to the contrary in this paragraph, Tenant may assign this Lease to the surviving entity in connection with any corporate merger, consolidation or reorganization to which Tenant is a party. 2 10. PROPERTY TAXES. Tenant shall pay all installments of real estate taxes, and all increases in installments, that would become delinquent if not paid during the term of this Lease. Tenant shall also timely pay all taxes, assessments, or other public charges levied or assessed by lawful authority against its personal property on the premises during the term of this Lease. Tenant shall pay all special assessments that would become delinquent if not paid during the term of this Lease. Each party reserves the right to protest any assessment of taxes. 11. INSURANCE. (a) Tenant agrees that it will at its own expense procure and maintain hazard insurance (i.e., fire and extended coverage) on the Property for the benefit of the parties as their respective interest may appear. Coverage shall be not less than $25,000. From and after delivery of possession, Buyer shall provide no fire and extended coverage insurance on said premises. Certificates or copies of said policies, naming the Landlord as an additional insured, and providing for thirty (30) days' advance notice to the Landlord before cancellation, shall be delivered to the Landlord within no later than the date that Tenant begins to occupy the leased premises. A renewal certificate shall be provided to Landlord prior to expiration of any policy. Tenant's share of such insurance proceeds are hereby assigned and made payable to the Landlord to secure rent or other obligations then due and owing by Tenant to Landlord. To the extent permitted by their policies, Landlord and Tenant waive all rights of recovery against each other. (b) Tenant further covenants and agrees that it will at its own expense procure and maintain commercial general liability insurance in the amount of not less than $1,000,000 per occurrence and $3,000,000 annual aggregate. Such insurance shall cover liability arising from premises operations, independent contractors, personal injury, products, and completed operations and liability assumed under an insured contract, including but not limited to the activities of Tenant, its employees and agents. Certificates or copies of said policies, naming the Landlord as an additional insured, and providing for thirty (30) days' advance notice to the Landlord before cancellation, shall be delivered to the Landlord within no later than the date that Tenant begins to occupy the leased premises. A renewal certificate shall be provided to Landlord prior to expiration of any policy. (c) Tenant will not do or omit the doing of any act which would vitiate any insurance, or increase the insurance rates in force upon the real estate improvements on the premises or upon any personal property of the Tenant upon which the Landlord by law or by the terms of this Lease, has or shall have a lien. (d) Tenant further agrees to comply with recommendations of Iowa Insurance Services Office, or its successor office, and to be liable for and to promptly pay, as if current rental, any increase in insurance rates on said premises and on the building of which said premises are a part, due to increased risks or hazards resulting from Tenant's use of the premises otherwise than as herein contemplated and agreed. 12. INDEMNITY. Except as to any negligence of the Landlord or its agents in the performance of any obligation of Landlord under this Lease, and to the extent not covered by insurance maintained by Landlord or Tenant, Tenant will protect, indemnify, and save harmless the Landlord, its officers, officials, employees, and agents, from and against any and all claims, demands, causes of action, loss, costs, expenses, damages and liabilities of any type or nature (including but not limited to attorneys' fees and expenses) occasioned by, or arising out of, any accident or other occurrence causing or inflicting injury and/or damage to any person or property, happening or done, in, upon, or about the leased premises, or due directly or indirectly to the tenancy, use, or occupancy thereof, or any part thereof by the Tenant or any person claiming through or under the Tenant. Prior to occupancy of the leased premises hereunder, Tenant has had the opportunity to test the premises for toxic or hazardous substances, mold, and other environmental matters, and Tenant agrees that the indemnities set forth in this paragraph shall include but not be limited to any claims, demands, losses, or causes of action arising from or relating to such matters. The provisions of this paragraph shall survive the expiration, abandonment, or termination of this Lease. 13. FIRE AND CASUALTY. (a) PARTIAL DESTRUCTION OF PREMISES. In the event of a partial destruction or damage of the leased premises which causes a business interference by preventing the conduct of a normal business operation, and which damage is reasonably repairable within sixty (60) days after its occurrence, this Lease shall not terminate but the rent for the leased premises shall abate during the time of such business interference. In the event of partial destruction, Tenant shall have the option to repair such damages. (b) ZONING. If the zoning ordinance of the municipality in which this property is located makes it impossible for Landlord, using diligent and timely effort, to obtain necessary permits and to repair and/or rebuild so that Tenant is able to conduct its business on these premises, then such partial destruction shall be treated as a total destruction as in the next paragraph provided. 3 (c) TOTAL DESTRUCTION OF BUSINESS USE. In the event of a destruction or damage of the leased premises, including the parking area (if a parking area is a part of the subject matter of this Lease), so that Tenant is not able to conduct its business on the premises, and which damages cannot be repaired within sixty (60) days, this Lease may be terminated at the option of either the Landlord or Tenant. Such termination in such event shall be effected by written notice of one party to the other, within twenty (20) days after such destruction. Tenant shall surrender possession within ten (10) days after such notice issues and, each party shall be released from all future obligations hereunder, Tenant paying rental pro rata only to the date of such destruction. 14. CONDEMNATION. (a) DISPOSITION OF AWARDS. Should the whole or any part of the demised premises be condemned or taken by a competent authority for any public or quasi -public use or purpose, each party shall be entitled to retain, as its own property, any award payable to it. Or in the event that a single entire award is made on account of the condemnation, each party will then be entitled to take such proportion of said award as may be fair and reasonable. (b) DATE OF LEASE TERMINATION. If the whole of the demised premises shall be so condemned or taken, the Landlord shall not be liable to the Tenant except and as its rights are preserved as in paragraph 14(a) above. 15. TERMINATION OF LEASE AND DEFAULTS OF TENANT. (a) TERMINATION UPON EXPIRATION OR UPON NOTICE OF DEFAULTS. This Lease shall terminate upon expiration of the demised term. Upon default by Tenant in accordance with the terms and provisions of this Lease, or upon Tenant's abandonment of the premises by failure to engage in its usual and customary business activities on the premises for more than fifteen (15) consecutive business days, this Lease may at the option of the Landlord be canceled and forfeited, provided, however, before any such cancellation and forfeiture except as provided in 15(b) below, Landlord shall give Tenant a written notice specifying the default, or defaults, and stating that this Lease will be canceled and forfeited ten (10) days after the giving of such notice, unless such default, or defaults, are remedied within such grace period. As an additional optional procedure or as an alternative to the foregoing (and neither being exclusive of the other), Landlord may proceed as provided in paragraph 22 below. (b) BANKRUPTCY OR INSOLVENCY OF TENANT. In the event Tenant is adjudicated a bankrupt or in the event of a judicial sale or other transfer of Tenant's leasehold interest by reason of any bankruptcy or insolvency proceedings or by other operation of law, but not by death, and such bankruptcy, judicial sale, or transfer has not been vacated or set aside within ten (10) days from the giving of notice thereof by Landlord to Tenant, then and in any such events Landlord may, at its option, immediately terminate this Lease and, upon giving of ten (10) days' written notice by Landlord to Tenant, re-enter said premises, all to the extent permitted by applicable law. (c) In (a) and (b) above, waiver as to any default shall not constitute a waiver of any other or subsequent default. (d) Acceptance of keys, advertising, and re -renting by the Landlord upon the Tenant's default shall be construed only as an effort to mitigate damages by the Landlord, and not as an agreement to terminate this Lease. 16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE OTHER. If default shall be made by either party in the performance of, or compliance with, any of the terms, covenants, or conditions of this Lease, and such default shall have continued for thirty (30) days after written notice thereof from one party to the other, the person aggrieved, in addition to all other remedies now or hereafter provided by law, may, but need not, perform such term, covenant, or condition, or make good such default, and any amount advanced shall be repaid forthwith on demand, together with interest at the rate of 10% per annum from the date of advance. 17. SIGNS. (a) Tenant shall have the right and privilege of attaching, affixing, painting, or exhibiting signs on the leased premises, provided only (1) that any and all signs shall comply with the ordinances of the municipality in which the property is located and with the laws of the State of Iowa; (2) such signs shall not change the structure of the building; (3) such signs if and when taken down shall not damage the building; and (4) such signs shall be subject to the prior written approval of the Landlord, which approval shall not be unreasonably withheld. (b) Landlord during the last ninety (90) days of this Lease, or extension, shall have the right to maintain in the windows or on the building or on the premises either or both a "For Rent" or "For Sale" sign and Tenant will permit, at such time, prospective tenants or buyers to enter and examine the premises. 4 18. MECHANIC'S LIENS. Neither the Tenant nor anyone claiming by, through, or under the Tenant, shall have the right to file or place any mechanic's lien or other lien of any kind or character whatsoever upon said premises or upon any building or improvement thereon, or upon the leasehold interest of the Tenant therein, arid notice is hereby given that no contractor, subcontractor, or anyone else who may furnish any material, service, or labor for any building, improvements, alteration, repairs or any part thereof, shall at any time be or become entitled to any lien thereon, and for the further security of the Landlord, the Tenant covenants and agrees to give actual notice thereof in advance to any and all contractors and subcontractors who may furnish or agree to furnish any such material, service, or labor. 19. LANDLORD'S LIEN AND SECURITY INTEREST. Landlord shall have, in addition to the lien given by law, a security interest as provided by the Uniform Commercial Code as codified in the State of Iowa upon all personal property, and all substitutions, replacements, accessories, and accessions thereto and thereof, kept and used on the leased premises by Tenant. Landlord may proceed at law or in equity with any remedy provided by law or by this Lease for the recovery of rent or for termination of this Lease because of Tenant's default in its performance. 20. SUBSTITUTION OF EQUIPMENT, MERCHANDISE. ETC. Tenant shall have the right, from time to time during the term of this Lease, to sell or otherwise dispose of any personal property of the Tenant situated on the leased premises, when in the judgment of the Tenant it shall have become obsolete, outworn, or unnecessary in connection with the operation of Tenant's business on the leased premises; provided, however, that the Tenant shall, in such instance and at its own expense, substitute for such items of personal property so sold or otherwise disposed of, a new or other item in substitution thereof, in like or greater value and adopted to the affixed operation of the business upon the leased premises (unless no substituted article or item is necessary). 21. OTHER PROVISIONS. (a) Before the end of the Lease term, Tenant may exercise salvage rights with respect to any portion of the premises, provided that Tenant shall at all times keep structures on the premises secure against entry by third parties. 22. RIGHTS CUMULATIVE. The various rights, powers, options, elections, and remedies of either party as provided in this Lease shall be construed as cumulative and no one of them as exclusive of the others or exclusive of any rights, remedies, or priorities allowed either party by law, and shall in no way affect or impair the right of either party to pursue any other equitable or legal remedy to which either party may be entitled as long as any default remains in any way unremedied, unsatisfied, or undischarged. 23. NOTICES AND DEMANDS. Notices as provided for in this Lease shall be given to the respective parties hereto at the respective addresses designated on page one of this Lease unless either party notifies the other, in writing, of a different address. Without prejudice to any other method of notifying a party in writing or making a demand or other communication, such message shall be considered given under the terms of this Lease when sent, addressed as above designated, postage prepaid, by registered or certified mail, return receipt requested, by the United States mail and so deposited in a United States mail box. 24. BINDING EFFECT. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective heirs, personal representatives, successors, and assigns of the parties hereto; except that if any part of this Lease is held in joint tenancy, the successor in interest shall be the surviving joint tenant. 25. CHANGES TO BE IN WRITING. None of the covenants, provisions, terms, or conditions of this Lease to be kept or performed by Landlord or Tenant shall be in any manner modified, waived, or abandoned, except by a written instrument duly signed by the parties and delivered to the Landlord and Tenant. This Lease contains the entire agreement of the parties and supersedes any and all discussions, negotiations, understandings, or agreements pertaining to the subject matter hereof. 26. CONSTRUCTION. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine, feminine, or neuter, according to the context. IN WITNESS WHEREOF, the parties hereto have duly executed this Business Property Lease as of the date first written above. 5 LANDLORD TENANT City of Waterloo, Iowa R & S Commercial, LLC By: By: Ernest G. Clark, Mayor Steven J. Santomauro, Manager Attest: Suzy Schares, City Clerk 6 BLACK HAWK EXCHANGE, INC. June 4, 2014 City of Waterloo, Iowa C/O Christopher Wendland 315 East 5th Street Waterloo, IA 50703 Greeting: You are hereby notified that, pursuant to a certain Exchange Agreement between R & S Commercial, LLC and Black Havvk Exchange Inc., as Qualified Intermediary, the rights under agreement to sell the 1027 Sycamore Street and real estate parcel # 8913-25-137-010 in Waterloo, IA were assigned to Black HawkxE'change Inc. Itis intended that this transaction be treated by the seller as part of a tax deferred exchange of the property rather than an outright sale. Notwithstanding the fact that the contract rights have been assigned to Black Hawk Exchange Inc., as Qualified Intermediary, pursuant to the terms of the Exchange Agreement and applicable regulations, you may expect to receive transfer of, and any applicable bill of sale, directly from R & S Commercial, LLC. Enclosed are two originals of the Exhibit B of their Exchange Agreement that I would appreciate if you would sign and return at your earliest possible convenience. The enclosed Exhibit B —Approval of Assignment is simply a document that acknowledges that you are aware the seller assigned the Development Agreement to Black Hawk Exchange in order to facilitate a 1031 tax deferred exchange. By signing the document it has no impact on your purchase of the property and bears no financial cost to you. Should you have any questions, please give me a call at 319-232-2576 or through email of bmostekAbh1031x.com Thank you. Sincerely, ZIA/49 Barb Mostek. President 221 East 4th Street • Suite 21 • Waterloo, IA 50703 • (319) 232-2576 APPROVAL OF ASSIGNMENT City of Waterloo, Iowa, ("Purchaser"), hereby acknowledges and approves the transfer and assignment of right, title and interest in and to (i) the Relinquished Property located at 1027 Sycamore Street and Parcel No. 8913-25- 137-010, Waterloo, IA and (ii) the Development Agreement relating to the Relinquished Property from the Exchanger to Black Hawk Exchange, Inc. Purchaser is approving and accepting this Assignment for the sole purpose of fulfilling its obligations under the Development Agreement. Purchaser agrees to accept a deed to the Relinquished Property issued directly to the Purchaser by the Exchanger. Purchaser further agrees that following the date of closing of the Development Agreement ("Transfer Date"), Black Hawk Exchange, Inc. _ shall have no personal liability to Purchaser for any claims under the Development Agreement, or any other agreements relating to Relinquished Property, and that Purchaser shall enforce any rights it may have under any of said agreements solely against the Exchanger. Purchaser indemnifies Black Hawk Exchange, Inc. against any liability or costs or expenses incurred as a result of Black Hawk Exchange, Inc. acquiring or maintaining beneficial and/or legal ownership of the Relinquished Property, or possession thereof, except for any liability arising from Black Hawk Exchange Inc.'s own acts. CITY OF WATERLOO, IOWA BY: ITS: Dated: ACCEPTANCE OF ASSIGNMENT Black Hawk Exchange, Inc. hereby accepts this Assignment. BLACK HAWK EXCHANGE, INC. By: Barbara J. Mostek, President Dated: APPROVAL OF ASSIGNMENT City of Waterloo, Iowa, ("Purchaser"), hereby acknowledges and approves the transfer and assignment of right, title and interest in and to (i) the Relinquished Property located at 1027 Sycamore Street and Parcel No. 8913-25- 137-010, Waterloo, IA and (ii) the Development Agreement relating to the Relinquished Property from the Exchanger to Black Hawk Exchange, Inc. Purchaser is approving and accepting this Assignment for the sole purpose of fulfilling its obligations under the Development Agreement. Purchaser agrees to accept a deed to the Relinquished Property issued directly to the Purchaser by the Exchanger. Purchaser further agrees that following the date of closing of the Development Agreement ("Transfer Date"), Black Hawk Exchange, Inc. shall have no personal liability to Purchaser for any claims under the Development Agreement, or any other agreements relating to Relinquished Property, and that Purchaser shall enforce any rights it may have under any of said agreements solely against the Exchanger. Purchaser indemnifies Black Hawk Exchange, Inc. against any liability or costs or expenses incurred as a result of Black Hawk Exchange, Inc. acquiring or maintaining beneficial and/or legal ownership of the Relinquished Property, or possession thereof, except for any liability arising from Black Hawk Exchange Inc.'s own acts. CITY OF WATERLOO, IOWA BY: ITS: Dated: ACCEPTANCE OF ASSIGNMENT Black Hawk Exchange, Inc. hereby accepts this Assignment. BLACK HAWK EXCHANGE, INC. By: Dated: Barbara J. Mostek, President Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-507 RESOLUTION APPROVING BUSINESS PROPERTY LEASES AND EXCHANGE AGREEMENTS WITH R & S COMMERCIAL, LLC AND R & S RENTAL PROPERTIES, LLC (SJ CONSTRUCTION) OF WATERLOO, IOWA AND DIRECTING EXECUTION OF SAID AGREEMENTS BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Business Property Leases and Exchange Agreements dated June 16, 2014, at a cost of $1.00 for a term ending December 31, 2014, for the lease of City -owned land located on the northwest corner of East 9th Street and Sycamore Street, by and between R & S Commercial, LLC and R & S Rental Properties, LLC (SJ Construction) of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 16th day of June, 2014. ATTEST: Suzy Sch City Cl- Ernest G. Clark, Mayor CITY OF WATERLOO Council Communication City Council Meeting: June 16, 2014 Prepared: lune 12, 2014 Dept. Head Signature: Suzy Schares # of Attachments: SUBJECT: General Rules for Public Participation at City Council Meetings Submitted by: Carol Nemmers, Deputy City Clerk Recommended City Council Action: Resolution to approve amending General Rules for Public Participation at City Council meetings for speaking from a maximum of three (3) minutes to a maximum of five (5) minutes. Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: \\Alomain",WATERLOO\CLERKDAT\Resolutions \Res 1993\Res002 Page 1 of 3 RESOLUTION NO. 1993-2 RESOLUTION OF THE WATERLOO CITY COUNCIL ESTABLISHING RULES AND PROCEDURES RELATING TO PUBLIC PARTICIPATION AT CITY COUNCIL MEETINGS. WHEREAS, the Waterloo Code of Ordinances, Section 2-25, Article II, The Council, Division 2, Rules of Order, establishes the format for all City Council meetings and proceedings, and WHEREAS, said Ordinance defines the order of business, parliamentary rules of order and general conduct of business, and WHEREAS, appropriate and organized public participation is recognized as a vital part of city government, and WHEREAS, said Ordinance does not embody the manner or protocol for establishing rules and procedures relating to the conduct of public participation. WHEREAS, it is necessary to advise the public as to the proper way to communicate their concerns that guarantees resolution in the most expeditious manner possible. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the following rules be established for public participation at City Council meetings: 1. Persons other than City Council Members shall be permitted to address the Council on specific agenda items or during public hearings, which have previously been published. 2. A person desiring to address the City Council shall step to the podium, state his/her name, address and group affiliation (if appropriate), and speak clearly into the microphone. 3. Each person shall be given one opportunity to speak with a maximum of three (3) minutes per item per meeting, unless additional time or additional information is desired by the Mayor or City Council. Total citizen input on any subject under Council consideration may be limited to a fixed period by the Mayor. file://C:\ Windows \MuniMetriX\—IFL temp.html 6/12/2014 \\AlomainWATERLOO\CLEJj(DAT\Resojuj0nS\RS 1993\Res002 Page 2 of 3 4. Comments must be germane. Citizens making personal, impertinent, or slanderous remarks shall be barred by the Mayor from further comment before the City Council during the meeting. 5. Any and all citizens may request an item placed on the agenda (including a request to speak) by filing such request in writing with the Clerk/Auditor by Thursday at 4:00 p.m., prior to the Monday City Council meeting (or as adjusted for holidays). The Mayor shall determine whether the item is placed on the agenda. 6. Oral presentations, although not required by the City Code of Ordinances, may be allowed at the Mayor's discretion. They shall be conducted in the following format: a. Oral presentations will be scheduled after all other regular business items are acted upon. b. Speakers may register with the Clerk/Auditor's office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council. Speakers may also register by telephone with the Clerk/Auditor's office. Registered speakers will be given first priority. c. Remarks must be limited to three (3) minutes or less. A speaker may only speak to one (1) issue per meeting during said oral presentations. d. There will be no limitations on the total time for oral presentations. e. The entire City Council meeting, including the oral presentations, will be cablecast. f. Speakers at oral presentations shall address their questions and comments to the Mayor and Council. It shall be at the discretion of the Mayor to ask City staff members to respond. PASSED AND ADOPTED this 4th day of January, 1993. file://C: \Windows \MuniMetriX\—IFL_temp.html 6/12/2014 \\Alomai1\WATERLOO\CLERKDAT\Resolutions\Res 1993\Res002 Albert C. Manning, Jr., Mayor ATTEST: Larry P. Burger, City Clerk/Auditor Filename: \\Alomain\WATERLOO\CLERKDAT\Resolutions\Res 1993\Res002 Page 3 of 3 file://C:AWindows\MuniMetriX\--IFL_temp.html 6/12/2014 This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2009-695 RESOLUTION OF THE WATERLOO CITY COUNCIL ESTABLISHING RULES AND PROCEDURES RELATING TO PUBLIC PARTICIPATION AT CITY COUNCIL MEETINGS. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the following rules be established for public participation at City Council meetings: 1. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 2. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. You may speak one (1) time per item for a maximum of three (3) minutes. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. PASSED AND ADOPTED this 13th day of July, 2009. Tim Hurley, Mayor ATTEST: Nancy Eckert, CMC City Clerk CIVIL SERVICE COMMISSION MINUTES 7:30 a.m. April 25, 2014 1" Floor Conference Room — City Hall Members Present: Member Excused: Member Absent: Others Present: Bonetta Culp, John Blitsch Barry Haskins Abraham Funchess (ex officio) Mark Rice, Kent Shankle, Todd Derifield, Cheryl Huddleston Huddleston requested to amend the April 25, 2014 Agenda by deleting Item C under Unfinished Business. Moved by Blitsch, seconded by Culp to approve the April 25, 2014 Agenda as amended. Motion carried. We will not be able to approve the March 7, 2014 Minutes since we no longer have two Commissioners who attended the meeting on the Commission. UNFINISHED BUSINESS The Civil Service List for Graphic Designer/Digital Arts Manager — Culture & Arts was presented for approval. The Human Resources Committee approved beginning the Civil Service process on 12/9/13 and the Civil Service Commission approved the job description and testing criteria on 1/13/14. There is a vacancy due to a promotion. The position was advertised in the Courier, posted on the City website and cable channel and a notice sent to the agencies, organizations and individuals on the Affirmative Action list and in all City departments. We received 46 resumes and 10 candidates were invited to interview. Chawne Paige and Laura Stammler from Culture & Arts and Cheryl Huddleston from Human Resources conducted the interviews. Four candidates cancelled their interview. The Civil Service List has 4 white males and 2 white females. Moved by Culp, seconded by Blitsch: We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Graphic Designer/Digital Arts Manager for the City of Waterloo, Iowa Center for the Arts. Appointment(s) shall be made from this list for the next year (April 25, 2014 — April 24, 2015). CERTIFIED LIST Ben Rendall Ryan Thompson James Thilges Dana Potratz Jacquie Colvin Joseph Buehner Motion carried. The Civil Service List for Equipment Operator H — Street Department was presented for approval. The Human Resources Committee approved beginning the Civil Service process on 11/22/13 and the Civil Service Commission approved the job description and testing criteria on 12/9/14. There is a vacancy due to a retirement. The position was advertised in the Courier, posted on the City website and cable channel and a notice sent to the agencies, organizations and individuals on the Affirmative Action list and in all City departments. We received 31 resumes and 10 candidates were invited to take an equipment test. Two candidates did not show for the test, 1 withdrew because he received another City job and 3 cancelled. Judges were Tony Pauley, Bob Morelock and Craig Hild from the Street Department. The remaining 4 candidates passed the equipment test and were invited to interview. One did not show for his interview and 1 did not pass the interview. Panel members were Tony Pauley from the Street Department, JB Bolger from Leisure Services and Cheryl Huddleston from Human Resources. The Civil Service List has 2 white males. Moved by Blitsch, seconded by Culp: We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Equipment Operator II for the City of Waterloo, Iowa Street Department. Appointment(s) shall be made from this list for the next year (April 25, 2014 — April 24, 2015). CERTIFIED LIST Mark Bagenstos Scott Knudtson Motion carried. A revised job description for Park Maintenance II Forestry — Leisure Services was presented for approval. We want to repost this position because we ended up with only a couple qualified applicants from the last posting. We have relaxed the CDL requirement (can acquire the Class A CDL within probation instead of needing it prior to initial interview) hoping we will get more qualified applicants. Moved by Blitsch, seconded by Culp to approve the revised job description for Park Maintenance II Forestry - Leisure Services. Motion carried. Updates Events Coordinator — Culture & Arts Approved by Human Resources Committee on 2/17/14 and by Civil Service on 3/7/14. Advertised in the Courier, on the City website and cable channel, sent notices to the individuals and organizations on the Affirmative Action list and posted a notice in all City departments. Received 23 resumes and 11 have been invited to interview. NEW BUSINESS The job description and testing criteria for Equipment Operator I — Street Department was presented for approval. There is a vacancy due to a resignation. The Human Resources Committee approved beginning the Civil Service process on 3/24/14. There have not been any changes in the job description and testing criteria. Moved by Culp, seconded by Blitsch to approve the job description and testing criteria for Equipment Operator I — Street Department. Motion carried. The job description and testing criteria for Code Enforcement Officer — Waste Management Services was presented for approval. There is a vacancy due to a resignation. The Human Resources Committee approved beginning the Civil Service process on 3/24/14. This is a new position partially the result of the emerald ash borer problems but there will be many other duties. Moved by Blitsch, seconded by Culp to approve the job description and testing criteria for Forestry Specialist — Leisure Services. Motion carried. OTHER BUSINESS The City has terminated an employee due to performance and misconduct issues so he may request a hearing before the Civil Service Commission. With no further business, moved by Culp, seconded by Blitsch to adjourn. Motion carried. Cheryl Huddleston, Human Resources Manager Clerk for the Civil Service Commission CITY OF WATERLOO, IOWA MS. COLE J/ MR. JONES MR. SCHMT MR. LIND MR. MORRISS. MR. WELPE HART COUNCIL RECORD AYES NAYS ABSENT ABSTAIN 1)5 '7 \' \t\ Hay Lease Available — Waterloo Regional Airport June 12, 2014 Bid Tab Bid Security Not Required Bidder Bid Amount Martinson Construction 3842 West Airline Hwy. Waterloo, IA 50703 5" 1 : Zo ' 2'—v ( D p ezi2(_ 6 i Proposals for Asbestos Abatement Services for the following properties: 3137 Independence Avenue, 2375 Independence Avenue, 4012 Leversee Road, and 421 Almond Street June 12, 2014 Bid Tab Estimate: $12,000.00 Bid Security Not Required Bidder Bid Security Bid Amount AAA Budget Environmental, Inc. 1900 Walnut St. Cedar Falls, IA 50613 N/A $ q 550 Active Thermal Concepts 2805 Stonegate Ct. Hiawatha, IA 52233 N/A go l 3/6 Advanced Environmental 803 Ricker Street Waterloo, IA 50703 N/A ate 4 ,ki s)e_ FY2015 Public Works Facility — Salt Building Contract No. PW15-01 June 12, 2014 Bid Tab Estimate: $140,000.00 Bid Security Required Bidder Bid Security Bid Amount Aspro, Inc. P.O. Box 2620. Waterloo, IA 507041 5% 13/ 7C0�U l /t 7-64, 3 o/ 6), D U 5% atf`-- 6--eoit ,Aco 6, (0///1 0, 0 0 5% 5% Voucher Prepared by Pauline C CITY OF WATERLOO 9002 PAYMENT VOUCHER A061614 VENDOR 5419 June 9, 2014 Vendor Name Address City & State Invoice Date AECOM ************************************* Department Grant/Project Code # Invoice No. Qty/Unit Amount Description G.L. Distribution 5/30/14 37445145 Special Instruction Submitted By $6,496.64 University Ave, US 63 to W'loo City Limits Evaluation of Proposed Tranfer of Jurisdiction 4/26 - 5/23/14 TOTAL $ 6,496.64 6/9/14 Date Approved By An Equal Opportunity/Affirmative Action Employer 413-07-7500-2103 AXOM 501 Sycamore Street, Suite 222 • Waterloo, Iowa 50703 • (319)232-6531 • Fax: (319) 232-0271 Invoice Invoice To: Date: May 30, 2014 Mr. Eric Thorson Project Number: 60305458 City of Waterloo 715 Mulberry Street Invoice No: 37445145 Waterloo, Iowa 50703 Your Authorization: Professional Service Agreement Dated July 22, 2013 University Avenue, U.S. 63 to Waterloo City Limits Evaluation of Proposed Transfer of Jurisdiction Waterloo, Iowa Progress Billing: April 26, 2014 through May 23, 2014 Classification Hours Amount Senior Professional Project Professional Staff Professional Professional CAD/GIS Operator Senior Technician Technician Project Support Direct Expenses Total Costs to Date Less Previous Billing TOTAL AMOUNT DUE 134.00 123.50 7.00 0.00 137.00 0.00 0.00 9.50 $32,071.78 $19,758.30 $658.53 $0.00 $13,149.74 $0.00 $0.00 $725.31 72.93 $66,436.59 59,939.95 6,496.64 V (W` Remit to: AECOM Technical Services, Inc • 1178 Paysphere Circle • Chicago, IL 60674 RECEIVED (jr( ENGINE Voucher Prepared by Pauline C CITY OF WATERLOO 9002 PAYMENT VOUCHER A061614 June 9, 2014 Vendor Address City & State AECOM ************************************* Department Grant/Project Code # 07H63ENGR Invoice Date Invoice No. Qty/Unit Amount Description G.L. Distribution 5/30/14 15(37445116) Est 15 Special lnstructio Submitted By $4,988.26 Cont 790 US Hwy 63 (Newell to Donald 290-07-7520-2103 $1,247.07 On -Call Post Design Services est 15 411-07-7520-2103 4/26 - 5/23/14 TOTAL 6,235.33 6/9/14 Date Approved By An Equal Opportunity/Affirmative Action Employer COM 501 Sycamore Street, Suite 222 • Waterloo, Iowa 50703 • (319)232-6531 • Fax: (319) 232-0271 Invoice Date: May 30, 2014 Invoice No. 15 (37445116) Invoice Period Covered: 04/26/14 through 05/23/14 Consultant Job No. 60288257 Contract Estimate Labor Dollars $30,962.40 Overhead 49,539.84 Direct Expenses Mileage 0.00 Copier 114.00 Miscellaneous 260.00 Ritland+Kuiper Landscape Architects 9,800.00 Robinson Engineering Co. 10,400.00 Subtotal $101,076.24 Subtotal Rounded Fixed Fee Authorized Contingency Total Authorized Amount Total Billed to Date Remaining Authorized Balance Unauthorized Contingency AECOM $101,075.00 10,850.00 0.00 $ 111,925.00 87,842.86 $24,082.14 $8,800.00 City of Waterloo US Highway 63 Improvements Newell Street to Donald Street On -Call Post Design Services Client Contact Eric A. Thorson, P.E. Federal Project No. NHSX-63-6(69) -3H-07 Cumulative to Date $25,225.16 38,725.42 28.23 244.00 12.50 8,285.00 7,009.00 Current Period $1,191.98 1,758.87 2.24 38.13 0.00 1,742.50 1,118.00 $79,529.31 $5,851.72 8,313.55 $87,842.86 383.61 Remit to: AECOM Technical Services, Inc • 1178 Paysphere Circle • Chicago, IL 60674 IL Check Payment to: AECOM Technical Services, Inc. An AECOM Company 1178 Paysphere Circle Chicago, IL 60674 Federal Tax ID No. 95-2661922 ATTN : ERIC THORSON CITY OF WATERLOO 715 MULBERRY ST WATERLOO, IA 50703 ACH Payment to: AECOM Technical Services, Inc. An AECOM Company Bank of America Account Number 5800937020 ABA Number 071000039 Wire Transfer Payment to: AECOM Technical Services, Inc. An AECOM Company Bank of America New York, NY 10001 Account Number 5800937020 ABA Number 026009593 SWIFT CODE BOFAUS3N A:cOM 501 Sycamore Street, Suite 222, Waterloo, IA 50703 Tel: 319-232-6531 Fax: 319-232-0271 Invoice Date: 30 -MAY -14 Invoice Number: 37445116 Agreement Number: TRN93122ET.1437946 Agreement Description: WAT-HWY 63 INITIAL DESIGN Payment Term: 30 DAYS Please reference Invoice Number and Project Number with Remittance Project Number : 60288257 Bill Through Date : 26 -APR -14 - 23 -MAY -14 Project Name : WAT-US 63 CRS On -Call Newell to Donald Labor Multiplier Employee Name/Title Title/Expenditure Bernhardt, Mary E Project Support Caven, Michael P (Mike) Project Professional Durbahn, Mark D Project Professional Durbahn, Mark D Project Professional Durbahn, Mark D Project Professional Durbahn, Mark D Project Professional Lentz, Robert L Senior Professional Lentz, Robert L Senior Professional Schindel, Douglas W Senior Professional Schindel, Douglas W Senior Professional Schindel, Douglas W Senior Professional Wiele, Larry E Project Professional Total Labor Multiplier OverHead Markup Labor CPFF Total SubConsultant Employee Name/Title Title/Expenditure Professional Services RITLAND AND KUIPER LANDSCAPE ARCHIT Professional Services RITLAND AND KUIPER LANDSCAPE ARCHIT Professional Services ROBINSON ENGINEERING CO Total SubConsultant Reimbursable Expenditure Type EmploveeNendor Name Mileage US ACM ZERO AP Repro, Photo & Blueprint ARC Total Reimbursable Lump Sum Description Fixed Fee Labor Total Lump Sum Date Hours Rate Raw Cost 02 -MAY -14 1.00 26.65 26.65 02 -MAY -14 1.00 51.45 51.45 02 -MAY -14 4.00 52.01 208.04 09 -MAY -14 2.50 52.01 130.03 16 -MAY -14 2.00 52.01 104.02 23 -MAY -14 2.00 52.01 104.02 16 -MAY -14 1.00 85.56 85.56 23 -MAY -14 0.50 85.56 42.78 02 -MAY -14 2.00 77.05 154.10 09 -MAY -14 1.00 77.05 77.05 23 -MAY -14 2.00 77.05 154.10 02 -MAY -14 1.00 54.18 54.18 Date 03 -APR -14 01 -MAY -14 07 -MAY -14 Date 21 -MAY -14 09 -MAY -14 20.00 1,191.98 Inv Number 9040314 10050114 6036 Inv Number GRP074MBMAY14 M 11301 ARC050914 Billed Amt 1,191.98 1,758.87 2,950.85 Billed Amt 255.00 1,487.50 1,118.00 2,860.50 Billed Amt 2.24 38.13 40.37 Billed Amt 383.61 383.61 Project Total : WAT-US 63 CRS On -Call Newell to Donald 6,235.33 Invoice Summaries Total Current Amount : Retention Amount : Pre -Tax Amount : Tax Amount : Total Invoice Amount : 6,235.33 0.00 6,235.33 0.00 6,235.33 Billing Summaries Billing Summary Billings Current 6,235.33 Billing Total : 6,235.33 Prior Total Limit 81,607.53 87,842.86 111,925.00 81,607.53 87,842.86 Remain 24,082.14 Vouchers Prepared by Pauline Closson CITY OF WATERLOO 9002 PAYMENT VOUCHER A060914 June 2, 2014 Vendor No. 8398 Batch No. Keyed By: Vendor Todd Van Dorn Construction Department Engineering Department Address Grant/Project Code # City & State City & State ************************************* Invoice Date Invoice No. Qty/Unit Amount Description G/L Distribution F.Y. 2114 SW & Trail Repair Program 6/2/14 Est 2 31,863.13 Contract No. 863 Est No 2 409-07-7650-2164 22,759.47 SW Repair 413-07-7650-2164 4,910.47 SW Repair 413-07-7355-2157 4,588.58 SW Repair (Bldg) 010-22-6860-1390 - Trail Repair Special Instructio s: 1?'!, Submitted By Total $ 64,121.65 6/3/14 Approved By: Date An Equal Opportunity/Affirmative Action Employer F.Y. 2014 SIDEWALK AND TRAIL REPAIR PROGRAM - ZONE 4 CONTRACT NO. 863 BID I'/'. x DJ! UVIM I c rvv. c PERIOD: May 13, 2014 to May 27, 2014 BIDITEM ITEM DESCRIPTION UNIT ORIGINAL BID CONTRACTOR UNIT PRICE TOTAL ORIGINAL BID PREVIOUS QUANTITY QUANTITY THIS PERIOD QUANTITY TO DATE TOTAL DUE TY -LIS PERIOD BID ITEM TOTAL TO DATE 1 REMOVE & REPLACE PCC SIDEWALK, 4" SF 18,418.6 $ 4.00 $ 73,674.40 4,102.1 6,844.1 >': 10,746.2 $26,576.40 $42,984.80 2 NEW SIDEWALK, 4" PCC SF 53.2 $ 5.00 $ 266.00 0.0 0.0 0.0 $0.00. $0.00 3 REMOVE SIDEWALK, 4" PCC SF 0.0 $ 2.00 $ - 0.0 93.1 93.1 $186.20 '$188.20 4 REMOVE & REPLACE PCC PAVING, 4" SF .. 0.0 $ 5.00 $- 0.0` 0.0 0.0 $0.00 -, $0.00 5 REMOVE & REPLACE PCC PAVING, 5" SF 175.0 $ 6.00 $ 1,050.00 0.0 0.0 0.0 : > $0.00x. $0.00 6 REMOVE & REPLACE PCC. SIDEWALK, 6" - SF - 14,145.4 $ .. 4.25 $ 60,117.95 1,132.4 5,383.1 6,515.5 $22,878.18 :$27,890.88 7 NEW SIDEWALK, 6" PCC SF 294.4 $ 5.00 $ 1,472.00 0.0 0.0 0.0 $0.00 $0.00 8 REMOVE PCC SIDEWALK, 6" SF 519.2 $ 2.00 $ 1,038.40 0.0 0.0 0.0 $0.00 $0.00 9 DETECTABLE WARNING SURFACE SF 784.0 $ 25.00 $ 19,600.00 20.0 69.0 89.0 $1,725.00' $2,225.00 10 REMOVE & REPLACE 24" PCC CURB & GUTTER, 6" LF 39.0 $ 25,00 $ 975.00 0.0 89.3 69,3 ''. $1,732.50 $1,732.50 11 REMOVE & REPLACE 24" PCC CURB & GUTTER, 7" LF 0.0 $ - $- 0.0 0.0 0.0 $0.00 $0.00 12 REMOVE & REPLACE 24" PCC CURB & GUTTER, 8" LF 369,2 $ 27.00 $ 9,968.40 0.0 0.0 0.0 $0.00, $0.00 13 REMOVE & REPLACE 24" PCC CURB & GUTTER 9" LF 247.6 $ 28.00 $ 6,932.80 0.0 0.0 0.0 $0.00 $0.00 14 REMOVE & REPLACE 24" PCC CURB & GUTTER, 10" LF 29.3 $ 39.00 $ 1,142.70 0.0 0.0 0.0 $0.00 $0.00 15 REMOVE & REPLACE 24" PCC CURB & GUTTER, 11" LF 94.1 $ 39.00 $ 3,669.90 16.0 0.0 16.0 $0.00 $624.00 16 REMOVE & REPLACE 24" PCC CURB & GUTTER, 12" LF 198.0 $ 39.00 $ 7,722,00 0.0 270.8 270.8 $10,581.20 $10,581..20 17 JOINT SEAL LF 5.0 $ 10.00 $ 50.00 0.0 0.0 0.0 a $0.00 $0.00 18 PCC SIDEWALK PATCHING - EACH 3.0 $ 50.00 $ 150.00 0.0 0.0 0.0 '.' $0.00. $0.00 19 HMA PAVEMENT PATCHING SF 59.0 $ 8.00 $ 472.00 0.0 0.0 - 0.0 $0.00 $0.00 20 MANHOLE ADJUSTMENT EACH 5.0 $ 100.00 $ 500.00 0.0 3.0 3.0 : $300.00. $300.00 21 RETAINING WALL LF 35.0 $ 50.00 $ 1,750.00 0.0 0.0 0.0 $0.00 $0.00 22 3/4" ROADSTONE TON 20.0 $ 30.00 $ 600.00 0.0 0.0 0.0 $0.00 $0.00 23 TRAFFIC CONTROL LS 1.0 $ 7,000.00 $ 7,000.00 0.1 0.1 0.2 $700.00 - $1,400.00 24 EXCAVATION, CLASS 10 CY 50.0 $ 20.00 $ 1,000.00 0.0 0.0 0,0 ' $0.00. $0.00 1001 REMOVE & REPLACE PCC SIDEWALK, 6" - 5 SULLIVAN BROTHERS SF 10,800.0 $ 4.30 $ 46,440.00 0.0 0 0 0.0 $0.00 - : 0.0 1002 REMOVE PLANTERS LS 1.0 $ 8,000.00 $ 8,000.00 0.0 0.0 :. 0.0 : $0.00 0.0 2001 CLASS "A" SIDEWALK LF 0.0 $ 6.00 $ - 0.0 42.0 42.0 $252.00 $252.00 MISC PCC PAVEMENT, 12" SF 0.0 $ 10.00 $ - 0.0 258.5 258.5 $2,585.00 $2,585.00. .2002 $ 199,151.55 ,' $67,496.48 $90,541.58 BID"` ITEM •^ ., r ITEM DESCRIPTION LESS 5% RETAINAGE UNIT ORIGINAL BID CONTRACTOR UNIT PRICE TOTAL ORIGINAL BID PREVIOUS QUANTITY QUANTITY THIS PERIOD QUANTITY TO DATE TOTAL DUE THIS PERIOD BID ITEM TOTAL TO DATE 1 REMOVE & REPLACE -PCC SIDEWALK, 4" SF 6,591.2 $ 4.00 $ 26,364.80 0.0 0.0 0.0 ". $0.00 $0.00 2 NEW SIDEWALK, 4" PCC SF 43.4 $ 5.00 $ 217.00 0.0 0.0 0,0 $0.00 $0.00 3 REMOVE SIDEWALK, 4" PCC SF 65.6 $ 2.00 $ 131.20 0.0 0.0 0.0 $0.00 $0.00 4 REMOVE & REPLACE PCC PAVING, 4" SF 148.8 $ 5.00 $ 744.00 0.0 0.0 0.0 ;. $0.00 $0.00 5 REMOVE & REPLACE PCC PAVING, 5" SF 50.0 $ 5.00 $ 250.00 0.0 0.0 ' 0.0 $0.00 $0.00 6 REMOVE & REPLACE PCC SIDEWALK, 6" SF 8,907.6 $ 4.35 $ 38,748.06 0.0 0.0 0 0 $0.00 $0.00 7 NEW SIDEWALK, 6" PCC SF 54.7 $ 5.00 $ 273.50 0.0 0.0 0.0 :$0.00". $0.00 8 REMOVE PCC SIDEWALK, 8" SF 249.0 $ 2.00 $ 498,00 0.0 0.0 0.0 '. $0.00 $0.00 9 DETECTABLE WARNING SURFACE SF 1,167.0 $ 25.00 $ 29,175.00 0.0 0.0 0.0 -. $0.00 $0.00 10 REMOVE & REPLACE 24" PCC CURB & GUTTER, 6" LF 19.9 $ 25.00 $ 497.50 0.0 0.0 0.0 -, : $0.00 $0.00 11 REMOVE & REPLACE 24" PCC CURB & GUTTER, 7" LF 166.3 $ 27.00 $ 4,490.10 0.0 0.0 0.0 $0.00 $0.00 12 REMOVE & REPLACE 24" PCC CURB & GUTTER, 8" LF 455.7 $ 25.00 $ 11,392.50 0.0 0.0 0.0 x $0.00 $0.00 13 REMOVE & REPLACE 24" PCC CURB & GUTTER, 9" LF 270.4 $ 27,00 $ 7,300.80 0.0 0.0 0,0 ` $0.00 $0.00 14 REMOVE & REPLACE 24" PCC CURB & GUTTER, 10" LF 0.0 $ - $ - 0.0 0.0 0.0 $0.00 $0.00 15 REMOVE & REPLACE 24" PCC CURB & GUTTER, 11" LF 109.9 $ 37.00 $ 4,088.30 0.0 0.0 - 0.0 $0.00 $0.00 16 REMOVE & REPLACE 24" PCC CURB & GUTTER. 12" LF 76.7 $ 38.00 $ 2,914.60 0.0 0.0 0.0 $0.00:. $0.00 17 JOINT SEAL LF 10.0 $ 10.00 $ 100.00 0.0 0.0 0.0 -' $0.00 $0.00 18 PCC SIDEWALK PATCHING EACH 0.0 $ - $ - 0.0 0.0 0.0 $000 $0.00 19 HMA PAVEMENT PATCHING SF 177.0 $ 4.00 $ 708.00 0.0 0.0 -.0.0 $0.00 $0.00 20 MANHOLE ADJUSTMENT EACH 0.0 $ - $ - 0.0 0.0 0.0 'r $0.00 $0.00 21 RETAINING WALL LF 48.5 $ 50.00 $ 2,425.00 0.0 0.0 0.0 ''$0.00' $0.00 22 3/4" ROADSTONE TON 0.0 $ - $- 0.0 0.0 0.0 $0.00 $0.00 23 TRAFFIC CONTROL LS 1.0 $ 3,000.00 $ 3,000.00 0.0 0.0 - : 0.0 '. $0.00 $0.00 24 EXCAVATION, CLASS 10 i CY 200.0 $ 10.00 $ 2,000.00 0.0 0.0 0.0 $0.00 $0.00 ,.---"1 l3 $ 135,296.38 ',.$0.00 $0.00 Tod an Dorn Construction Pitk CITY OFi WATERLOO DATE PAY EST#2 #863 Pay Estimates.xlsx DATE Sidewalk Repairs rror Suit;van gres. bepa'►r- �pa Pcc = '1Z5.9 S.F. (0°Cs6= 5q.3 S.F, IZ`'Ct 1 : 29.0' IZt' M'Sc. Pcc= zq.e s.f; G"PcG- 4 L ' /o, 68 (o ct6 p 135 r so 1Z..cf.&: 1,131.80 )2 "MIs.. Pcc . 290.00 TOTAL TO DATE $90,541.58 LESS 5% RETAINAGE $4,527.08 SUBTOTAL $86,014.50 LESS AMOUNT PREVIOUSLY PAID $21,892.85 AMOUNT DUE THIS ESTIMATE ' $64,121.65 Trail Repairs TOTAL TO DATE $0.00 LESS 5% RETAINAGE $0.00 SUBTOTAL $0.00 LESS AMOUNT PREVIOUSLY PAID AMOUNT DUE THIS ESTIMATE $0.00 i',,TO'f' 5 5` 533:07 e- 5S , cs 1 oft 6/6/2014 (tque.4cre�,s, Cedar I' t11 ij -71 r ,t tIt'.t hi i nct fiY: ff. 7:00-,.iil ) 7:10 - 10:00 after , it11 electric $15.4)()/ r \%itliout $10.O0ic1',1 dump site cin gruu lci, Sunday \it •.;s d N'Itisle 9:00 - 12:30 No alcoholic be\'ut1 allow ed. No bets W the stage urea. en �ltlll)illt; with hinnyd L Ic ti ie2i! 1O )kt