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HomeMy WebLinkAbout11/25/2013 THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELI)AT THE CITY HALL COUNCIL CH ERS, 5:30 P.M. MONDAY, NOVEMBER 25, 2013 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 Pian. 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. S. 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. 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. Ythere 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. November 25, 2013 Page 2 Roll Call. Moment of Silence. Pledge of Allegiance: Daniel Trelka, Director of Safety Services. Agenda, as proposed or amended. Minutes of November 18, 2013, Regular Session, as proposed. 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 A-Line EDS, Inc.for tax exemptions on the construction of a new two (2) story office building and commercial Granulator building valued at $499,608.00 and $755,000.00 at 808 Dearborn Avenue and located in the Consolidated Urban Revitalization Area (CURA). Submitted by Noel Anderson, Community Planning& Development Director b. Motion to approve the following: Travel Requests Amount Name & Title of Personnel Class/Meeting Destination Date(s) not to exceed 1. Todd Henrich, State of Iowa Waterloo, 218114 $120.00 Building Plumbing Code, Iowa Maintenance Indust and Safety 2. Officer Brandt Highway Drug Des Moines, 1212113- $355.00 Investigations for Iowa 1214113 Patrol 3. Michelle Weidner, 18th Annual Webinar- 1215113 $180.00 Chief Financial Governmental GAAP in office Officer Update 4. Recommendation of appointment of Chawne Paige from the Civil Service list to the position of Curator at the Waterloo Center for the Arts effective November 25, 2013. Submitted by Kent Shankle, Cultural&Arts Director November 25, 2013 Page 3 S. Mayor Clark's recommendation of the following appointment: Appointee Board/Commission Expiration Date New or Re- Appointment Greco Zars Metropolitan Transit Authority Board 6130114 New Appointment Approved Beer, Liquor, and Wine Applications Name &Address of Class New or Expiration Includes Business Renewal Date Sunda 6. Karma Bar C Liquor, Outdoor Renewal 10114114 X 309 West 4th Street Service 7. Bonds PUBLIC HEARINGS 2. Development Agreement with Black Hawk Contracting and Development of Waterloo, Iowa to authorize the sale and conveyance of a portion of City-owned property for .$1.00 located alogg L fayette Street near its intersection with East 3rd Street, for the construction of 6 townhouse dwellings. 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 said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly. Resolution approving said Development Agreement; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning& Development Director 3. Real Estate Purchase Agreement with R & S Commercial LLC and R & S Rental LLC (SJ Construction) of Waterloo, Iowa for the sale of Cita owned land located at East 9th and Sycamore Streets in the amount of 11.00, plus up to $2,000 00 in closing costs, in connection with Amendment to Development Agreement 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 andfile oral and written comments. Resolution approving said Real Estate Purchase Agreement; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning& Development Director November 25, 2013 Page 4 RESOLUTIONS 4. Resolution approving the City of Waterloo Annual Financial Report for- the Fiscal Year Ended June 30, 2013; and authorize publication of the report and submission of the report to the State of Iowa. Submitted by Michelle Weidner, Chief Financial Officer S. Resolution fixing the date of hearing as December 16, 2013 on the issuance of not to exceed $3,500,000.00 of General Obligation Urban Renewal Bonds; and instruct City Clerk to publish notice. Submitted by Michelle Weidner, Chief Financial Officer 6. Resolution approving Agreement for Interconnect and Preemption of Highway Traffic Control Signals with Automatic Crossing Signals with Chicago, Central & Pacific Railroad Company for the design and connection (on railroad part) of interconnection between the City's traffic signal controller and the railroad's preemption and detection system; and authorize Mayor to execute said document. Submitted by Sandie Greco, Trak Operations Superintendent 7. Resolution approving Supplemental Agreement No. 2 with Ament, Inc. of Cedar Rapids, Iowa, in an amount not to exceed $20,569.00, for additional work in pian development in conjunction with the F.I. 2014 Kimball Avenue Transportation Improvements, Contract No. 843; and authorize Mayor and City Clerk to execute said document. Submitted by Jeff Bales, Associate Engineer S. Resolution approving Design and Professional Service Agreement with Invision Architecture of Waterloo, Iowa, in an amount not to exceed $32,000.00, for the Waterloo City Council Chambers Renovation Project; and authorize Mayor and City Clerk to execute said document. Submitted by Craig Clark, Building Official/Maintenance Administrator 9. Resolution approving Golf Course Pro Shop Agreement with Monte Meyer to provide golf pro services at South Hills Golf Course for the period January 1, 2014 to December 31, 2018; and authorize Mayor and City Clerk to execute said document. Submitted by JB Bolger, Goff& Downtown Area Maintenance Manager 10. Resolution approving Golf Course Pro Shop Agreement with Andy Devine to provide golf pro services at Iry Warren Memorial Golf Course for the period January 1, 2014 to December 31, 2018; and authorize Mayor and City Clerk to execute said document. Submitted by JB Bolger, Golf& Downtown Area Maintenance Manager November 25, 2013 Page 5 11. Resolution approving Golf Course Pro Shop Agreement with Nate Lubs to provide golf pro services at Gates Park Golf Course for the period January 1, 2014 to December 31, 2018; and authorize Mayor and City Clerk to execute said document. Submitted by JB Bolger, Golf& Downtown Area Maintenance Manager 12. Resolution approving recommendation of award of bid to Truck Country of Cedar Rapids, Iowa, in the amount of$123,620.00, for the Purchase of One (1) 2014 Parks Truck with Chip Sox. Submitted by Mark Rice, Public Works Director 13. Resolution approving Tolling Agreement; and authorize Mayor to execute said document. Submitted by James Walsh, City Attorney 14. Resolution approving recommendation of award of contract to Ricklefs Excavating, Ltd. of Anamosa, Iowa, in the amount of$352,134.00,for the La Porte Road Pumping Station and Force Main, Contract No. 847; and authorize Mayor and City Clerk to execute said document. Submitted by Larry N. Smith, Waste Management Services Superintendent 15. Resolution approving completion of project, release of $8,840.05 retainage and final acceptance of work performed by Municipal Pipe Tool Company LLC of Hudson, Iowa, at a total cost of $176,801.00, in conjunction with the 2012 CIP Sewer Lining, Contract No. 834. Submitted by Larry N. Smith, Waste Management Services Superintendent 16. Resolution approving Supplemental Agreement No. 1 with AECOM Technical Services, Inc. of Waterloo, Iowa, in an amount not to exceed $55,500.00, for the addition of electrical upgrades, heating, ventilating and air conditioning improvements in conjunction with the Waterloo Easton WPCF Belt Press Addition, Contract No. 697; and authorize Mayor to execute said document. Submitted by Larry N. Smith, Waste Management Services Superintendent 17. Resolution approving Total Acquisition Contract with Prairie Construction Co., Inc., successor in interest to Jens Olesen & Sons Construction Company for Parcel No. 8913-16-301,001, Auditor Whitney Road Plat Part of Lot 54, generally located at the southeast corner of North Hackett Road and Greenwood Avenue in the amount of $40,000.00, plus up to $1,000.00 in closing expenses, in conjunction with the Sherwood Park Recreation Area and Hartman Reserve Nature Center Additions Project; and authorize Mayor and City Clerk to execute said document. Submitted byAric Schroeder, City Planner November 25, 2013 Page 6 18. Resolution approving Development Agreement with MMC Properties LLC of Waterloo, Iowa for the construction of a 10,000 square foot industrial building on Lot 2 of the South Port Addition (Geraldine Road), adding $352,000.00 of taxable value to the site, and offering a grant to purchase property for $73,868.00; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning& Development Director 19. Resolution setting date of hearing as December 9, 2013 to approve the sale and conveyance of City-owned property located at 1640 Cherry Hills Drive in the amount of $12,250.00 with a Development Agreement to Robert Castro; and instruct City Clerk to publish notice. Submitted by Noel Anderson, Community Planning& Development Director 20. Resolution approving the Tax Increment Finance (TIF) electronic submittal reports to the State of Iowa for Fiscal Year 2013. Submitted by Noel Anderson, Community Planning& Development Director 21. Resolution approving request to certify to the Black Hawk County Auditor expenditures that qualify for reimbursement in the Downtown Waterloo Urban Renewal and Redevelopment Tax Increment District and place the certification on file. Submitted by Noel Anderson, Community Planning& Development Director 22. Resolution approving to certify to the Black Hawk County Auditor expenditures that qualify for reimbursement in the Cattle Congress Tax Increment District and place the certification on file. Submitted by Noel Anderson, Community Planning& Development Director 23. Resolution approving to certify to the Black Hawk County Auditor expenditures that qualify for reimbursement in the Logan Avenue Tax Increment District and place the certification on file. Submitted by Noel Anderson, Community Planning& Development Director 24. Resolution approving to certify to the Black Hawk County Auditor expenditures that qualify for reimbursement in the Martin Road Tax Increment District and place the certification on file. Submitted by Noel Anderson, Community Planning& Development Director 25. Resolution approving to certify to the Black Hawk County Auditor expenditures that qualify for reimbursement in the MidPort/Airport Tax Increment District and place the certification on file. Submitted by Noel Anderson, Community Planning& Development Director November 25, 2013 Page 7 26. Resolution approving to certify to the Black Hawk County Auditor expenditures that qualify for reimbursement in the Northeast Industrial Area Tax Increment District and place the certification on file. Submitted by Noel Anderson, Community Planning& Development Director 27 Resolution approving to certify to the Black Hawk County Auditor expenditures that qualify for reimbursement in the .Rath Area Tax Increment District and place the certification on file. Submitted by NoelAnderson, Community Planning& Development Director 28. Resolution approving to certify to the Black Hawk County Auditor expenditures that qualify for reimbursement in the San Marnan Tax Increment District and p lace the certification on ft le. Submitted by Noel Anderson, Community Planning& De velopment Director OTHER COUNCIL BUSINESS 29. Request mor Proposal for Demolition and Site Clearance Services Ino rated asbestos-containing materials or 217219 Jefferson Street and 300 West 3rd Street Motion to instruct Community Planning & Development Director to prepare plans, specifications,form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. Resolution preliminarily approving plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as December 9, 2013; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Submitted by Noel Anderson, Community Planning& Development Director ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk November 25, 2013 Page 8 MEETINGS Mondau, November 25, 2013 4:15 p.m. - Council Work Sessions, Council Chambers 5:00 p.m. - Building and Grounds Committee, Council Chambers 5:05 p.m. - Boards and Commissions Committee, Council Chambers 5:10 p.m. - Finance Committee, Council Chambers PUBLIC INFORMATION 1. Waterloo Public Library Board of Trustees meeting minutes of September 10, 2013 and October 8, 2013 on file in the City Clerk's office. 2. Community Development Board meeting minutes of October 15, 2013 on file in the City Clerk's office. 3. Communication from City Clerk transmitting appointment of DeAnne Kobliska to the position of Administrative Secretary in the City Clerk's office effective November 25, 2013. 4. Certified List for the position of Waste Services Technician, as certified by the Civil Service Commission on November 22, 2013. 5. Certified List for the position of Medical Officer, as certified by the Civil Service Commission on November 22, 2013. 6. Certified List for the position of Animal Control Services Officer, as certified by the Civil Service Commission on November 22, 2013. 7. Certified List for the position of Aquatics/Member Services Specialist, as certified by the Civil Service Commission on November 22, 2013. 8. Certified List for the position of Facilities Specialist, as certified by the Civil Service Commission on November 22, 2013. 9. Certified List for the position of Fitness Specialist, as certified by the Civil Service Commission on November 22, 2013. CONTRACT PAYMENT SCHEDULE 1. F Y 2013 Street Reconstruction Program, Contract No. 832 Pay estimate No. 12 to Aspro, Inc. in the total amount due of$298,048.07. 2. F.Y. 2013 Asphalt OverlaU Program, Contract No. 833 Pay estimate No. 11 to Aspro, Inc. in the total amount due of$73,234.40. November 25, 2013 Page 9 3. F.Y. 2012 Street Reconstruction Program, Contract No. 819 Pay estimate No. 28 to Aspro, Inc. in the total amount due of$8,470-65. 4. F.Y. 2014 Sidewalk Repair Assessment Program -Zone 3 Contract No. 852 Pay estimate No. 4 to B & B Builders in the total amount due of$13,095.90. 5. Storm Water Lift Stations -Blowers Creek and Dry Run Creek Design Pay to AECOM Technical Services, Inc. in the total amount due of$6,4 74.2 1. CITY OF WATERLOO Council Communication City Council Meeting: November 25, 2013 Prepared: November 19 2013r Dept. Head Signature: / # of Attachments: 1 (3 Copies) SUBJECT: Rail Road Aqreement With Chicago Central & Pacific Railroad Submitted by: Sandie Greco Traffic Operations Superintendent Recommended City Council Action: Resolution Approving the Agreement. Summary Statement This agreement is for the design and connection (on railroad part) of interconnection between City's traffic signal controller and Chicago Central & Pacific Railroad Company's preemption and detection system. Expenditure Required None. Source of Funds Policy Issue Alternative Background Information: The preemption system is needed for safety reasons so that our signal system can safely clear the railroad tracks before the train's arrival. 1 AGREEMENT FOR INTERCONNECT AND PREEMPTION OF HIGHWAY TRAFFIC CONTROL SIGNALS WITH AUTOMATIC CROSSING SIGNALS THIS AGREEMENT,' made and entered into by and between the CITY OF WATERLOO, IOWA hereinafter referred to as the CITY, and the CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY, hereinafter referred to as the RAILROAD, WITNESSETH: WHEREAS, in the interests of public safety, the CITY proposes to install highway traffic control signals at the intersection of US Rte 63 (Logan Avenue) 307944T and Ester Street (shown on Exhibit A attached hereto and made a part hereof) adjacent to,, or in'the vicinity of, the tracks of the RAILROAD, and the CITY desires to coordinate the operation of these signals with the existing system of automatic crossing signals at the intersection of the RAILROAD's _, tracks and said .roads so as to provide for preemption of the highway traffic signals whenever the crossing signals are activated; NOW THEREFOREJn consideration of the premises and of the mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows: SECTION 1. The Iowa Department of Transportation, hereinafter referred to as the DOT, has indicated that the proposed automatic signals for highway traffic at the referenced at-grade crossing of the RAILROAD's tracks and US Rte 63 (Logan Avenue) may be designed and manufactured to accommodate interconnection with, and preemption of, the highway signals to be located at the adjacent intersection of US Rte 63 (Logan Avenue) and Ester Street. The CITY may pursue reimbursement from DOT for any and all costs and expenses assumed by the CITY in this Agreement. SECTION 2. The detailed plans (including surveys and other engineering services) and specifications for the CITY's portion of the work to coordinate the operating mechanisms of the two types of signals shall be prepared by or on behalf of the CITY at its own expense. These detailed plans and specifications shall include and show the proposed locations of the cables between the highway traffic signal controller and the RAILROAD's crossing signal instrument case, the number and location of all signs and/or signal heads that would in any Chicago, Central & Pacific Railroad Company - 2 - way govern traffic approaching or clearing the highway/railway intersection, the proposed normal sequence of operations and timing of the highway traffic signals, and the proposed railroad preemption sequence(s) and clearance intervals of the highway traffic signals. - SECTION 3. The CITY's plans shall be prepared by or under the supervision of, and sealed`by, a duly qualified traffic engineer certifying that same conform with all currently applicable requirements and/or minimum - recommended practices for. such installations including, but not limited to, the FHWA's Manual on Uniform Traffic Control Devices (MUTCD) and Traffic Control Devices Handbook (TCDH), the Association of American Railroad's Signal Manual, Section 3, Highway Grade Crossing Warning Systems and the Institute of Traffic Engineers' Recommended Practice for Preemption of Traffic Signals of or Near Active Warning Railroad Grade Crossings, and National Electric Safety Code. _ SECTION 4. The CITY shall design their portion of the coordination circuitry on a "closed circuit" principle so that the RAILROAD's signal controller will open the circuit when 'the crossing signals are activated. The Railroad warning system is designed to provide not less than 20 seconds of warning time prior to the arrival of a train at the at-grade crossing. For design purposes, the CITY should assume the crossing signal system will provide 20 seconds of advance warning time (the minimum design interval between the commencement of activation of the crossing signals and the arrival of a train at the crossing). IF THE PROPOSED RAILROAD PREEMPTION SEQUENCE(S) AND CLEARANCE INTERVALS OF THE HIGHWAY TRAFFIC SIGNALS FOR ANY TRAFFIC PHASE SCENARIO WILL REQUIRE MORE THAN 20 SECONDS ADVANCE WARNING TIME TO CLEAR ALL HIGHWAY TRAFFIC OFF OF THE CROSSING, IT SHALL BE THE CITY'S RESPONSIBILITY TO SPECIFICALLY SO ADVISE THE RAILROAD. When appropriate, the traffic controller equipment specified and the preemption sequence(s) must be able to account for the possibility of a second train approaching the crossing AFTER the railroad crossing signals deactivate following passage of the first train BUT PRIOR TO when the highway traffic signal controller exits to normal operations. SECTION 5. Should it be necessary for the cable between the highway traffic signal controllers and the RAILROAD's crossing signal instrument case, or any wiring or detector loops for the highway traffic signals, to be installed on the RAILROAD's property or under any tracks, the same shall be designed and installed in accordance with the RAILROAD's customary requirements, which Chicago, Central & Pacific Railroad Company - 3- shall be provided by the Railroad to the City, as to method of installation and depth of cover, and shall be located so as to not conflict with any already existing or planned facilities upon the RAILROAD's property. SECTION 6. The CITY shall submit two (2) copies of its sealed plans and - - specifications to the RAILROAD along with an electronic PDF copy, together with a step-by-step narrative, in laymen's terms, explaining the relative timing and sequence of highway signal operations that will occur upon the approach of a -train. To the extent it is able, RAILROAD will endeavor to conduct a cursory review of the CITY's plans and specifications to satisfy itself there are no obvious errors or omissions that it'can discern, however, it is expressly agreed and understood between the parties hereto that RAILROAD does not purport to have expertise. in matters of highway traffic control and any such review of the CITY's plans and specifications by the RAILROAD shall not be construed as approval nor endorsement thereof, and the RAILROAD assumes no responsibility or - - - - liability whatsoever as to the completeness, accuracy or appropriateness thereof. - - SECTION-7. The detailed plans (including surveys and other engineering services), specifications and estimates of cost for the RAILROAD's portion of the - - work to coordinate the operating mechanisms of the two types of signals, shall be - prepared by the RAILROAD at the expense of the CITY. These detailed plans, specifications and estimates shall be submitted to the CITY for review and preliminary approval by an authorized representative. SECTION 8. The CITY shall arrange to submit copies of the plans and specifications prepared by the CITY and the RAILROAD to the State Agency so designated by statute, or if none is so designated by statute, then to the State DOT, for their review and approval. Once approved, no functional changes shall be made by either party to any plan or specification affecting the crossing signal system, the track approach leg or legs of the highway traffic signal system or the railroad preemption timing or sequence of operations, without advising the other party in writing and obtaining the expressed written consent of the aforesaid approving State Agency. SECTION 9. The RAILROAD, without compensation other than the performance of this Agreement by the CITY, hereby grants permission to the CITY to enter upon and occupy the RAILROAD's property in the vicinity of the aforesaid highway/railway crossing for purposes of installing and maintaining the CITY's portion of the facilities covered by this Agreement. All such work on the Chicago, Central & Pacific Railroad Company -4- RAILROAD's property shall be governed by the "SPECIAL PROVISIONS which are attached hereto and made a part hereof. SECTION 10. The CITY, at its expense, shall furnish, or cause to be furnished, all of the equipment, materials and labor for the complete assemblage and, -installation of the highway traffic signals and its portion of the system to coordinate the operation of these signals with the crossing signals, including the cables between the highway traffic signal controller and the RAILROAD's. crossing signal instrument case. SECTION 11. All' :equipment, materials and labor for the complete assemblage and installation' of the portion of the highway signal/crossing signal coordination system within the crossing signal instrument case,.and any required modifications, if any, to the crossing signal circuitry as may be occasioned by the _ - same, shall be furnished by the RAILROAD at the expense of the CITY. SECTION 12. The RAILROAD shall notify the CITY when the RAILROAD's portion of the installation will be ready for final testing, and the highway signal/crossing signal coordination system shall be placed in service immediately 'after the testing is completed and the system is determined by the CITY to be properly functioning. SECTION 13. The Railroad may submit to the CITY detailed billing of actual expenses plus applicable overheads and surcharges. After the CITY's representatives have reviewed the billing and agreed with the RAILROAD's representatives that the expenses are proper, insofar as they are able to ascertain, the CITY shall promptly reimburse the RAILROAD. The estimated total cost of the work to be performed by the RAILROAD at the expense of the CITY is $ N/A SECTION 14. After the portion of the highway signal/crossing signal coordination system in the crossing signal instrument case has been installed and is ready for operation, except as may be otherwise provided by law, the same shall be operated and maintained by the RAILROAD at its expense. At no cost to the RAILROAD, the CITY shall operate and maintain, or provide for the operation and maintenance of the highway traffic signal system and its portion of the highway signal/crossing signal coordination system including the cable between the highway traffic signal controller and the RAILROAD's crossing signal instrument case. If the CITY enters into an agreement with another party to provide for the maintenance and/or operation of the highway traffic signals and `" Chicago, Central & Pacific Railroad Company - 5.- its portion of the coordination systems, the CITY shall promptly furnish the RAILROAD a copy of any such maintenance agreement. SECTION 15. The highway traffic signals and the cable between the highway traffic signal controller and the RAILROAD's crossing signal instrument case shall be 'owned and maintained by the CITY. The Railroad assumes no responsibility whatsoever as to the proper and continuous operation of neither said. highway traffic signal system nor the highway signal/crossing signal coordination system. The Railroad assumes no responsibility or liability whatsoever for the CITY's employees and/or contractors during the installation of, or their maintenance of, the coordination system. The AGENCY shall reimburse the RAILROAD 'for. any and all costs incurred by the RAILROAD (including but not limited to train delay, labor, material, flagging and outside costs) due to the failure or:inoperability of the AGENCY owned portion of. the - highway trafficsystem (including but not limited to signals, controller or cable). SECTION -16. This agreement shall be binding upon the parties hereto and their successors and assigns. - -IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate counterparts, each of which shall be considered an original, by their duly authorized officers on the dates indicated below. qt^ Executed by the CITY this 2-5 day of , 2013. CITY OF TERLOO By: Title: Mui r1 Executed by the RAILROAD this day of , 2013. CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY By: Regional Chief Engineer Chicago, Central & Pacific Railroad Company - 6- EXHIBIT A u MIS 7 Y t x e , 2 r s'� a 1� Ct €nom Baa oY o s 0 a e i s ' 3 € 9 � r z g Chicago, Central & Pacific Railroad Company - 7- SPECIAL PROVISIONS RELATIVE TO FLAGGING AND OTHER PROTECTION OF RAILROAD COMPANY TRAFFIC AND FACILITIES DURING CONSTRUCTION ADJACENT AND ABOVE, ON OR ACROSS, THE PROPERTY OF, OR ON, ABOVE AND BENEATH THE TRACKS OF.THE CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY The Grantee, Licensee, Permittee and/or its Contractor shall, before entering upon the property of Railroad Company for performance of any work, secure a fully executed right of -entry license from Railroad Company's Engineering Manager or their authorized representative for the occupancy and use of Railroad Company's property. Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) shall confer with Railroad Company relative to requirements for railroad clearances, operation and general safety regulations. Prior to any entry onto Railroad Company's property, employees and/or subcontractors of Grantee, Licensee, Permittee and/or its Contractor doing work shall determine by the guidelines hereinafter provided and by the work to be performed the level of safety training to be required. All employees and/or subcontractors of Grantee, Licensee, Permittee and/or its Contractor not hired by Railroad Company that will work on CN property are required to have minimum www,contractororientation.com. a. EXCEPTION: Railroad:Company has exempted those it classifies as "Delivery Persons" from this training. This will include contractors such as UPS, FedEx, trucking companies', etc. who merely access the property to supply materials or equipment. All employees and/or subcontractors of Grantee, Licensee, Permittee and/or its Contractor hired by Railroad Company which will work on Railroad Company property are required to have minimum CN Safety and Security Awareness training, in addition to undergoing a background check. This training and background check must be obtained through the eRailSafe.com website. If not done before, the contractor must contact CN Special Agent James Conroy at 708-332-5947, or James.Conroy@cn.ca to be issued a vendor number prior to accessing the noted website. Minimum information required of the Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) when contacting either Special Agent James Conroy or e-RailSafe is Name, Address, Telephone, Contact Person for State Projects, DOT Contract Number, and the AAR/DOT Number. This training is good for a period of two years. a. EXCEPTION: Railroad Company has exempted those employees of contractors providing paving services at a road crossing under construction or repair from this requirement. b. EXCEPTION: Railroad Company has exempted those it classifies as "Delivery Persons" from this training. This will include contractors such as UPS, FedEx, trucking companies, etc. who merely access the property to supply materials or equipment. All employees and/or subcontractors of Grantee, Licensee, Permittee and/or its Contractor hired by Railroad Company, whose duties include and who are engaged in the inspection, construction, maintenance, or repair of railroad track, bridges, roadway, signal and communication systems, roadway facilities, or roadway machinery that will work foul of or have the potential to foul a live track are considered Roadway Workers under FRA regulations and Chicago, Central & Pacific Railroad Company - 8- CN Policy. They must complete the On-Track Safety Training course approved by Railroad Company and provided by R.R. Safety-AMR, P.O. Box 75, Lomira, WI 53048, telephone (920) 517-1677, email rrsafetytraining,cd),yahoo.com. This training must be repeated at least once each calendar year. a. EXCEPTION: Railroad.Company has exempted those employees of contractors providing paving services at a road crossing under construction or repair from this requirement. b. EXCEPTION: Railroad Company has exempted those it classifies as "Delivery Persons" from this training. This will include contractors such as UPS, FedEx, --trucking companies, etc. who merely access the property to supply materials or equipment. c. All the employees and/or subcontractors of Grantee, Licensee, Permittee and/or its Contractor who will operate on-track machinery or those who will provide protection for other employees and/or subcontractors of Grantee, Licensee, Permittee and/or its Contractor must also be trained on CN US Operating Rules pertaining to their duties. They must take and pass the required examination. This training is good for a period of two years. d. "Potential to-foul a live track" is considered, at a minimum, to be working within twenty-five feet of the track; or as otherwise to be determined by CN Design & Construction Department. The employees, subcontractors, and/or agents of the Grantee, Licensee, Permittee - and/or its Contractor shall qualify for, and make available for inspection to Railroad Company's employees or other authorized personnel at all times while on Railroad Company property, a photo identification issued by www.e-railsafe.com, along with at least one other government- issued form of identification. Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) shall bear all costs of compliance with the requirements of this Section. Railroad Company reserves the right to bar any of employees or agents of Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) from Railroad Company's property at any time for any reason. Grantee, Licensee, Permittee and/or its Contractor and/or any contractor engaged on their behalf, shall at all times conduct work in a manner satisfactory to the Engineering Manager of Railroad Company, or their authorized representative, and shall exercise care so as to not damage the property of Railroad Company, or that belonging to any other grantees, licensees, permittees or tenants of Railroad Company, or to interfere with railroad operations. Engineering Manager of Railroad Company, or their authorized representative, will at all times have jurisdiction over the safety of railroad operations., The decision of the Engineering Manager or their authorized representative as to procedures which may affect the safety of railroad operations shall be final, and Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) shall be governed by such decision. All work shall be conducted in such a manner as will assure the safety of Railroad Company. Railroad Company's authorized representative shall have the right, but not the duty, to require certain procedures to be used or to supervise the work on Railroad Company's property. Should any damage occur to Railroad Company property as a result of the authorized or unauthorized operations of Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) and Railroad Company deems it necessary to repair such damage or perform any work for the protection of its property or operations, the Grantee, Licensee, Permittee Chicago, Central & Pacific Railroad Company - 9- and/or its Contractor, as the case may be, shall promptly reimburse Railroad Company for the actual cost of such repairs or work. For the purpose of these Special Provisions, actual cost shall be deemed to tnclude the direct cost of any labor, materials, equipment, or contract expense plus Railroad Company's current standard additives in each instance. If the work requires the construction of a temporary grade crossing across the track(s) of Railroad Company, Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) - shall make the necessary arrangements and execute Railroad Company's temporary grade crossing agreement for the construction, protection, maintenance, and later removal of such temporary grade crossing. The cost of such temporary grade crossing construction and later removal shall be prepaid to Railroad Company. Additional costs for repairs, maintenance or protection will be paid within thirty(30) days upon receipt of bill(s) therefor. Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) shall at no time cross Railroad Company's property or tracks with vehicles or equipment of any kind or character, except at such temporary grade crossing as may be constructed as outlined herein, or at any existing and open public grade crossing. Operation over such crossing shall be at the direction and method of Railroad 'Company's Engineering Manager or their authorized representative. - Railroad Company may, at Grantee's, Licensee's, Permittee's and/or its Contractor's and/or their contractor's sole cost, risk and expense, furnish whatever protective services it considers necessary,, including, but, not limited to, flagger(s), inspector(s), and stand-by personnel. Flagging protection, inspection services, or standby personnel required by Railroad Company for the safety of railroad operations because of work being conducted by Grantee, Licensee, Permittee and/or its Contractor, or in connection therewith, will be provided by Railroad Company and the cost of Grantee, Licensee, Permittee and/or its Contractor and shall be, prepaid to Railroad Company by Grantee, Licensee, Permittee and/or its Contractor. Flagging protection, inspection services, or standby personnel, necessary or provided in excess of prepayment amounts will be billed at the proper rates and will be promptly paid by overnight delivery. In the event Railroad Company is unable to furnish protective services at the desired time or on the desired date(s), or if Grantee's, Licensee's, Permittee's and/or its Contractor's prepayment for such services is exhausted and not replenished by Grantee, Licensee, Permittee and/or its Contractor, Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) shall not perform any work on Railroad Company's property until such time and date(s) that appropriate Railroad Company services can be made available and/or appropriate prepayment is received. It is understood that Railroad Company shall not be liable for any delay or increased costs incurred by Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) owing to Railroad Company's inability or failure to have appropriate protective services available at the time or on the date requested. Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) shall request and secure flagging protection by written notice to Railroad Company using CN's then-current form for requesting flagging. This form must be submitted at least ten (10) working days in advance of proposed performance of any work or access to Railroad Company's property. Flagging protection will be required during any operation involving direct and potential interference with Railroad Company's tracks or traffic. This may include but is not limited to fouling of railroad operating clearances, reasonable proximity of accidental hazard to railroad traffic, work within twenty-five (25) feet horizontally of the nearest centerline of any railroad track, any work over any railroad track, or in any other condition that Railroad Company deems protective services necessary, which may include work on or off Railroad Company's property Chicago, Central & Pacific Railroad Company - 10 - - _- more than twenty-five (25) feet from the nearest centerline of any railroad track, such as any equipment extension (including but not limited to a crane boom) that will reach or has the potential to reach within twenty-five (25) feet of any track. Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) shall request, prepay, and secure Railroad Company signal facility locates by written notice to Railroad Company along with submission of CN's "Request for Flagging Services" form at least ten (10) working days in advance of proposed performance of any work or access to Railroad Company property. Notice to Railroad Company does not fulfill or satisfy any other notification requirements for utility locates for non-railroad facilities. Railroad Company may require that prior to digging, trenching, or boring activities on or near Railroad Company property, or beneath any railroad track, an on-site meeting be conducted with Railroad Company's Signal Department representative. No digging, trenching - or boring activities shall be conducted in the proximity of any known buried Railroad Company signal cables without Railroad Company's Signal Department representative being present. The rate of pay for Railroad Company employees will be the prevailing hourly rate for not less than eight (8) hours for,the class of labor at regular rates during regularly assigned work -_=-_,hours, and-at overtime rates,outside of regular hours and in accordance with Labor Agreements or Schedules plus Railroad Company's current standard additives in each instance. Wage rates are subject to change, at any time, by law or agreement between Railroad Company and employees, and may be retroactive because of negotiations or a ruling by an authorized Governmental Agent. If the wage rates are changed, Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) shall pay on the basis of the new rates and/or additives. No digging, trenching, or boring on Railroad Company property shall be conducted without Railroad Company's written approval of the plans that were furnished to Railroad Company's Engineering Manager at least thirty (30) in advance of the excavation. The following temporary clearances are the minimum that must be maintained at all times during any operation on or adjacent to Railroad Company property: Vertical: 22'-0" (7.00 m) above top of highest rail within 12'-0" (3.81 m) of the centerline of any track Horizontal: 12'-0" (3.81 m) from centerline of the nearest track, measured at right angles thereto If lesser clearances than the above are required for any part of the work, Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) shall secure written authorization from Railroad Company's Engineering Manager for such lesser clearances in advance of the start of that portion of the work. No materials, supplies, or equipment will be stored within twenty-five (25) feet from the centerline of any railroad track, measured at right angles thereto. Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) will be required upon the completion of the work to remove from within the limits of Railroad Company's property all machinery, equipment, surplus materials, false work, rubbish or temporary buildings, and to leave said property in a condition satisfactory to the Engineering Manager of Railroad Company or their authorized representative. Nothing in these Special Provisions shall be construed to place any responsibility on Railroad Company for the quality or conduct of the work performed by Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) hereunder. Any approval given or Chicago, Central & Pacific Railroad Company - 11 - supervision exercised by Railroad Company hereunder, or failure of Railroad Company to object to any work done, material used, or method of operation shall not be construed to relieve Grantee, Licensee, Permittee and/or its Contractor and/or subcontractor(s) and/or subcontractorof any obligations pursuant hereto or under the License these Special Provisions are appended to. Accepted: Print Name: Chicago, Central & Pacific Railroad Company City Clerk Use Only Finance Committee Approval Date City of Waterloo Expenditure Pre-Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Traffic Operations Department to expend $ 3,980.00 plus est. shipping costs of $ 100.00 to pay for or purchase 1 - Video detection processing board This purchase or expenditure is being made because: Part of the video detection system. Camera connects to this card to operate. Vendor selected for this purchase: Brown Traffic Products QX Bids or written quotes were taken on this purchase, as follows: Brown Traffic Products, Inc. Davenport, IA $3,980.00 Traffic Control Corporation Ankeny, IA $5,500.00 General Traffic Controls; Inc. Spencer, IA $4,350.00 Bids or quotes were not taken on this purchase because: Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: General Fund Road use Tax ❑ Sewer ❑ Sanitation F;71 Bonds EI Federal/other grants F—] Other(specify) This expenditure is to be coded to the following budget line-item: 410-17-7161-2103,2125 411-17-7161-2125 (Fund - Department-Activity-Account Number) (Project Code) in which the budgeted amount is $ 16,400 & 90,000 and the current available balance is $ 3,135 & 10,778.04 Respectfully submitted, (Signature Dept. Head or Designee) Date (Signature Finance Dept. Review) Date K:tshared goodies\forms\2013-November-Expenditure Pre-Authorization-TO-video detection process card.xls(Mar 2010) Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-980 RESOLUTION APPROVING AGREEMENT FOR INTERCONNECT AND PREEMPTION OF HIGHWAY TRAFFIC CONTROL SIGNALS WITH AUTOMATIC CROSSING SIGNALS WITH CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Agreement for Interconnect and Preemption of Highway Traffic Control Signals with Automatic Crossing Signals dated November 25, 2013, for the design and connection (on railroad part) of interconnection between the City' s traffic signal controller and the railroad' s preemption and detection system, by and between the Chicago, Central & Pacific Railroad Company 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 25th day of November, 2013. /1", "-4/ �/� Ernest G. Clark, Mayor ATTEST: zy Schres, CMC City Cle k CITY OF WATERLOO Council Communication City Council Meeting: November 25, 2013 Prepared: November 19, 2013 Dept. Head Signature: Eric Thorson, PE., CitVEngineer # of Attachments: SUBJECT: F.Y. 2014 KIMBALL AVENUE TRANSPORTATION IMPROVEMENTS CITY CONTRACT NO. 843 SUPPLEMENTAL AGREEMENT#2 Submitted by: Jeff Bales,Associate Engineer neer Recommended City Council Action: Staff has reviewed this agreement and recommends Council approve this document and authorizes Mayor to sign and enter into said agreement. Summary Statement Transmitted herewith is the Supplemental Agreement No. 2 with Ament, Inc., for additional work in plan development for Contract No. 843. Work under this agreement includes preliminary and final design of a plan sheet development for the proposed portland cement concrete retaining wall that is to be constructed along the west edge of the parking lot at 3601 Canterbury Ct 1 (Operation Threshold). A subconsultant, Morning Star Studio, will be added to assist in completing this work. The prime consultant contingency is also increased to replenish the contingency utilized under the Supplemental Agreement No. 1 due to unforeseen work involved with a Kimball Avenue neighborhood group that reviewed sidewalk and pedestrian facilities accommodation needs around the corridor. This agreement is available in the City Clerk's office if you wish to review it in its entirety. Expenditure Required The cost for the services and contingency increase is for twenty-thousand and five-hundred and sixty-nine dollars ($20,569), and shall not be exceeded without authorization of the City. Source of Funds 80% Federal Funds, 20% G.O. Bond Funds Policy Issue N/A Alternative N/A Background Information Iowa DOT Project No. STP-U-8155(731)--70-07 Owner Project No. 843 Professional Services Agreement for Kimball Avenue Transportation Improvements Project— from 500 Feet South of Tower Park Dr to Acadia St Supplemental Agreement No. 2 This is an AGREEMENT, made as of the fourteenth (14th) day of October in the year 2013 ; by and BETWEEN the City of Waterloo, Iowa, identified as the Owner; City of Waterloo, Iowa City Hall 715 Mulberry Street Waterloo, IA 50703 and the Consultant; Ament, Inc. (dba Ament Design) 625 32nd Avenue SW Cedar Rapids, IA 52404 for the following Project: The parties hereto entered into an agreement dated the twenty-fourth (24th) day of September, 2012 for survey, design and preparation of plans, specifications, and estimates for the Kimball Avenue Transportation Improvement Project—from 500 Feet South of Tower Park Drive to Acadia Street in Black Hawk County. The Owner shall proceed with the preparation of final design, plans, specifications and estimates for the improvements, subject to the concurrence and approval of the Iowa Department of Transportation (Iowa DOT) and the Federal Highway Administration (FHWA) (when applicable). The Owner desires to employ the Consultant to provide additional work in connection with preliminary engineering services in connection with the design and preparation of plans, specifications and estimates for the improvements. The Consultant is willing to perform such engineering work in accordance with the terms hereinafter provided and warrants that it is in compliance with Iowa statutes relating to the licensure of professional engineers. Page 1 of 17 TABLE OF CONTENTS Article Number And Description 1 Initial Information 1.1 Project Parameters 1.2 Financial Parameters 1.3 Project Team 1.4 Time Parameters 2 Scope Of Services And Other Special Terms And Conditions 2.1 Enumeration of Parts of the Agreement 3 Form of Compensation 3.1 Method of Reimbursement 3.2 Subconsultant 4 Terms And Conditions 4.1 Ownership of Engineering Documents 4.2 Revision of Plans 4.3 Extra Work 4.4 Progress Meetings 4.5 Additional Plans 4.6 Termination of Agreement 4.7 Extension of Time 4.8 Mediation 4.9 Arbitration 4.10 Responsibility for Claims and Liability 4.11 Non-Raiding Clause 4.12 General Compliance with Laws 4.13 Subletting,Assignment or Transfer 4.14 Forbidding Use of Outside Agents 4.15 Consultant's Endorsement on Plans 4.16 Compliance with Title 49, Code of Federal Regulations 4.17 Access to Records 4.18 Iowa DOT and Federal Highway Administration Participation 4.19 Severability 4.20 Choice of Law and Form Attachment A-Scope of Services Attachment B -Specifications Attachment C - Fees and Payments Attachment C-1 -Cost Analysis Sheet Attachment D - Intentionally Omitted Attachment E- Intentionally Omitted Attachment F- Intentionally Omitted Attachment G -Sample Invoice Form (if not part of Base Agreement) Attachment H -Consultant Fee Schedule (Staff Hour Estimate) Attachment H-1 -Consultant Fee Schedule (Morning Star Studio) Page 2 of 17 ARTICLE ? INITIAL INFORMATION This Agreement is based on the following information and assumptions. 1.1 Project Parameters The objective or use is: Perform additional preliminary engineering services in connection with the design and preparation of plans, specifications and estimates for the proposed improvements. 1.2 Financial Parameters 1.2.1 The financial parameters are; Amount of the Owner's budget for the Consultant's compensation is: Twenty thousand five hundred sixty-nine and 00/100 dollars ($20,569.00) 1.2.2 Amount of the Consultant's budget for the subconsultants' compensation is: One thousand eight hundred sixty-five and 00/100 dollars ($1,865.00) 1.2.3 Costs for this Agreement will be integrated with all previous agreements with the Consultant utilizing the same contract number. 1.3 Project Team 1.3.1 The Owner's Designated Representative identified as the Contract Administrator is: Jeff Bales—Associate Engineer, City Engineering Department The Contract Administrator is the authorized representative, acting as liaison officer for the Ownerfor purpose of coordinating and administering the work under the Agreement. The work under this Agreement shall at all times be subject to the general supervision and direction of the Contract Administrator and shall be subject to the Contract Administrator's approval. 1.3.2 The Consultant's Designated Representative is: Larry D. Berns, P.E. —Project Manager 1.3.3 The subconsultants retained at the Consultant's expense are: Morning Star Studio 1.4 Time Parameters 1.4.1 Date to Proceed: Consultant is to begin work under this Agreement upon receipt of a written notice to proceed from the Owner. 1.4.2 Preliminary design plans including type/size/location for all structures (preliminary design) and detail elements for a design public meeting and construction right-of-way needs shall be completed and accepted on or before September 17, 2013 or two hundred twenty five (225) calendar days after receiving the notice to proceed (whichever is greater). 1.4.3 The Consultant shall not begin final design activities until after the Owner has been notified by the Iowa DOT that FHWA Environmental Concurrence has been obtained. Upon receipt of such notice, the Ownerwill provide the Consultant notice to proceed with final design activities. 1.4.4 Final design, contract plans and specifications and estimates shall be completed and accepted on or before December 24, 2013 or ninety 90 calendar days after receiving the notice to proceed with final design (whichever is greater). ARTICLE 2 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 2.1 Enumeration of Parts of the Agreement. 2.1.1 The work to be performed by the Consultant under this Agreement shall encompass and include all detail work, services, materials, equipment and supplies necessary to prepare and deliver the scope of services provided in Attachment A. Page 3 of 17 2.1.2 All services herein required and provided shall be in conformity with the applicable Iowa DOT Standards, Design Guides and Specifications and Title 23, Code of Federal Regulations, Part 625, as outlined in Attachment B. In addition, applicable sections of the U.S. Department of Transportation Federal Aid Policy Guide (FAPG) shall be used as a guide in preparation of plans, specifications and estimates. 2.1.3 Other documents as follows: .1 Fees and Payments-Attachment C .2 Cost Analysis Sheet-Attachment C-1 .3 Consultant Fee Schedule(Staff Hour Estimate) -Attachment H .4 Consultant Fee Schedule (Morning Star Studio)-Attachment H-1 2.1.4 Refer to the Base Agreement for documents as follows: .1 Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Attachment D .2 Certification of Consultant-Attachment E .3 Certification of Owner-Attachment F .4 Sample Invoice Form -Attachment G ARTICLE 3 FORM OF COMPENSATION 3.1 Method of Reimbursement 3.1.1 For the Consultant's services as described under Article 2, compensation shall be computed in accordance with the Cost Plus Fixed Fee compensation method, as defined in Attachment C. 3.2 Subconsultant 3.2.1 The Consultant shall require the subconsultants (if applicable)to notify them if they at any time determine that their costs will exceed their estimated actual costs. The Consultant shall not allow the subconsultants to exceed their estimated actual costs without prior written approval of the Contract Administrator. The prime Consultant is cautioned that cost under-runs associated with any subconsultant's contract are not available for use by the prime Consultant unless the Contract Administrator has given prior written approval and the Iowa DOT and the FHWA (when applicable) concurs. ARTICLE 4 TERMS AND CONDITIONS 4.1 Ownership of Engineering Documents 4.1.1 All sketches, tracings, plans, specifications, reports on special studies and other data prepared under this Agreement shall become the property of the Owner and shall be delivered to the Contract Administrator upon completion of the plans or termination of the services of the Consultant. There shall be no restriction or limitation on their future use by the Owner, except any use on extensions of the project or on any other project without written verification or adaptation by the Consultant for the specific purpose intended will be the Owner's sole risk and without liability or legal exposure to the Consultant. 4.1.2 The Owner acknowledges the Consultant's plans and specifications, including all documents on electronic media, as instruments of professional service. Nevertheless, the plans and specifications prepared under this Agreement shall become the property of the Owner upon completion of the services and payment in full of all moneys due to the Consultant. 4.1.3 The Owner and the Consultant agree that any electronic files prepared by either party shall conform to the specifications listed in Attachment B. All electronic files will be submitted to the Owner by the Consultant on CD or other mutually agreed upon medium. Any change to these specifications by either the Owner or the Consultant is subject to review and acceptance by the other party. Additional efforts by the Consultant made necessary by a change to the CADD,software specifications shall be compensated for as Additional Services. Page 4 of 17 4.1.4 The Owner is aware that significant differences may exist between the electronic files delivered and the respective construction documents due to addenda, change orders or other revisions. In the event of a conflict between the signed construction documents prepared by the Consultant and electronic files, the signed construction documents shall govern. 4.1.5 The Owner may reuse or make modifications to the plans and specifications, or electronic files while agreeing to take responsibility for any claims arising from any modification or unauthorized reuse of the plans and specifications. 4.2 Revision of Plans 4.2.1 Drafts of work products shall be submitted to the Contract Administrator by the Consultant for review and comment. The comments received from the Contract Administrator and the reviewing agencies shall be incorporated by the Consultant prior to submission of the final work product by the Consultant. Work products revised in accordance with review comments shall constitute"satisfactorily completed and accepted work". Requests for changes on work products by the Contract Administrator shall be in writing. In the event there are no comments from the Contract Administrator or reviewing agencies to be incorporated by the Consultant into the final work product, the Contract Administrator shall immediately notify the Consultant, in writing, that the work product shall constitute"satisfactorily completed and accepted work". 4.2.2 In the event that the work product prepared by the Consultant is found to be in error and revision or reworking of the work product is necessary, the Consultant agrees that it shall do such revisions without expense to the Owner, even though final payment may have been received. The Consultant must give immediate attention to these changes so there will be a minimum of delay during construction. The above and foregoing is not to be construed as a limitation of the Owner's right to seek recovery of damages for negligence on the part of the Consultant herein. 4.2.3 Should the Contract Administrator find it desirable to have previously satisfactorily completed and accepted work product or parts thereof revised, the Consultant shall make such revisions if requested and directed by the Contract Administrator in writing. This work will be paid for as provided in Article 4.3. 4.3 Extra Work 4.3.1 If the Consultant is of the opinion that any work it has been directed to perform is beyond the scope of this Agreement, and constitutes"Extra Work", it shall promptly notify the Contract Administrator in writing to that effect. In the event that the Contract Administrator determines that such work does constitute"Extra Work", the Ownerwill provide extra compensation to the Consultant upon the basis of actual costs plus a fixed fee amount, or at a negotiated lump sum. Unless written approval for"Extra Work" has been secured in advance from the Contract Administrator, and the Iowa DOT and the FHWA(when applicable) concurs, no claims will be allowed. However, the Owner shall have benefit of the service rendered. 4.4 Progress Meetings 4.4.1 From time to time as the work progresses, conferences will be held at mutually convenient locations at the request of the Contract Administratorto discuss details of the design and progress of the work. The Consultant shall prepare and present such information and studies as may be pertinent and necessary or as may be requested by the Contract Administrator, to enable the Contract Administrator to pass judgment on the features and progress of the work. 4.5 Additional Plans 4.5.1 At the request of the Contract Administrator, the Consultant shall furnish sufficient prints of plans or other data in such detail as may be required, for the purposes of review of details and for plan-in-hand and field check inspections. 4.6 Termination of Agreement Page 5 of 17 4.6.1 In the event of the death of any member or partner of the Consultant's firm, the surviving members shall complete the work, unless otherwise mutually agreed upon by the Owner and the survivors. 4.6.2 The right is reserved by the Ownerto terminate this Agreement at any time upon not less than thirty (30) days'written notice to the Consultant. 4.6.3 In the event the Agreement is terminated by the Ownerwithout fault on the part of the Consultant, the Consultant shall be paid for the reasonable and necessary work performed or services rendered and delivered up to the effective date or time of termination. The value of the work performed and services rendered and delivered, and the amount to be paid shall be mutually satisfactory to the Contract Administrator and to the Consultant. The Consultant shall be paid a portion of the fixed fee, plus actual costs. The portion of the fixed fee shall be based on the ratio of the actual costs incurred to the estimated actual costs contained in Attachment C. Actual costs to be reimbursed shall be determined by audit of such costs to the date established by the Contract Administrator in the termination notice, except that actual costs to be reimbursed shall not exceed the Estimated Actual costs, plus any authorized contingency. 4.6.4 In the event the Agreement is terminated by the Owner for fault on the part of the Consultant, the Consultant shall be paid only for work satisfactorily performed and delivered to the Contract Administrator up to the date established by the termination notice. After audit of the Consultant's actual costs to the date established by the Contract Administrator in the termination notice and after determination by the Contract Administrator of the amount of work satisfactorily performed, the Contract Administrator shall determine the amount to be paid to the Consultant. 4.6.5 The right is reserved by the Ownerto suspend this Agreement at any time. The Contract Administrator may effect such suspension by giving the Consultant written notice, and it will be effective as of the date established in the suspension notice. Payment for the Consultants services will be made by the Owner to the date of such suspension, in accordance with paragraph 4.6.3 above. 4.6.6 Should the Ownerwish to reinstate the work after notice of suspension, such reinstatement may be accomplished by thirty (30) days'written notice within a period of one year after such suspension, unless this period is extended by written consent of the Consultant. 4.6.7 This Agreement will be considered completed when the construction of the project has progressed sufficiently to make it clear that the construction can be completed without further revisions in that work, or if the Consultant is released prior to such time by written notice from the Contract Administrator. 4.7 Extension of Time 4.7.1 The time for completion of each phase of this Agreement shall not be extended because of any delay attributed to the Consultant, but may be extended by the Contract Administrator in the event of a delay attributed to the Owner or the Contract Administrator, or because of unavoidable delays caused by an act of God, war, government actions, or similar causes beyond the reasonable control of the Consultant. 4.8 Mediation 4.8.1 In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the Owner and the Consultant agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non-binding mediation unless the parties mutually agree otherwise. The Owner and the Consultant further agree to include a similar mediation provision in all agreements with independent contractors and Consultants retained for the project and to require all independent contractors and Consultants also to include a similar mediation provision in all agreements with subcontractors, subconsultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. 4.9 Arbitration 4.9.1 In the event the parties to this Agreement are unable to reach a settlement of any dispute arising out of the services under this Agreement in accordance with Paragraph 4.8, then such disputes shall be Page 6 of 17 settled by binding arbitration by an arbitrator to be mutually agreed upon by the parties, and pursuant to the arbitration procedures set out in Iowa Code Chapter 679A. Any arbitration pursuant to this paragraph or mediation pursuant to Paragraph 4.8.1 shall occur in Black Hawk County, Iowa. 4.10 Responsibility For Claims And Liability 4.10.1 The Consultant shall defend, indemnify and save harmless the Owner,the Iowa Department of Transportation, the State of Iowa, its agencies, agents, employees and assignees and the Federal Government from all claims and liabilities due to design error, omission or negligent act of the Consultant, its members, agents, stockholders, or employees in connection with performance of this Agreement. 4.11 Non-Raiding Clause 4.11.1 The Consultant shall not engage the services of any person or persons, then in the employment of the Owner, for work covered by this Agreement without the written consent of the employer of such person. 4.12 General Compliance With Laws 4.12.1 The Consultant shall comply with all Federal, State and Local laws and ordinances applicable to the work. 4.13 Subletting, Assignment Or Transfer 4.13.1 Subletting, assignment, or transfer of all or part of the interest of the Consultant in this Agreement is prohibited unless written consent is obtained from the Contract Administrator and the Iowa DOT and the FHWA (when applicable) concurs. 4.14 Forbidding Use of Outside Agents 4.14.1 The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than bona fide employees working solely for the Consultant, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the Owner shall have the right to annul the Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, or counterpart fee. 4.15 Consultant's Endorsement On Plans 4.15.1 The Consultant shall endorse the completed computations prepared under this Agreement, and shall affix thereto the seal of a licensed professional engineer or architect, licensed to practice in the State of Iowa, in accordance with the current Code of Iowa. 4.16 Compliance With Title 49, Code Of Federal Regulations 4.16.1 During the performance of this Agreement, the Consultant and its assignees and successors in interest agree as follows: 4.16.1.1 Compliance with Regulations 4.16.1.1.1 The Consultant will comply with the regulations of the U.S. Department of Transportation, relative to nondiscrimination in federally assisted programs of the U.S. Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the"Regulations"), which are herein incorporated by reference and made a part of this Agreement. 4.16.1.2 Nondiscrimination Page 7of17 4.16.1.2.1 The Consultant, with regard to the work performed by it, will not discriminate on the grounds of race, religion, age, physical disability, color, sex or national origin in the selection and retention of subconsultants, including procurement of materials and leases of equipment. The Consultantwill not participate, either directly or indirectly, in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in the Regulations. 4.16.1.3 Solicitation for Subconsultants, Including Procurement of Materials and Equipment 4.16.1.3.1 In all solicitations, either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurement of materials or equipment, each potential subconsultant or supplier shall be notified by the Consultant of the Consultant's obligation under this contract and the regulations relative to nondiscrimination on the grounds of race, religion, age, physical disability, sex, or national origin. 4.16.1.4 Disadvantaged Business Enterprises 4.16.1.4.1 The Consultant or its subconsultants agree(s)to ensure that disadvantaged business enterprises (DBEs) as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this Agreement. In this regard the Consultantand all of its subconsultants shall take all necessary and reasonable steps in compliance with the Iowa DOT DBE Program to ensure disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. The Consultant and their subconsultants shall not discriminate on the basis of race, religion, age, physical disability, color, sex or national origin in the award and performance of U.S. DOT assisted contracts. If, as a condition of assistance, the Iowa DOT has submitted to the U.S. DOT, or the Consultant has submitted to the Iowa DOT, and the U.S. DOT or Department has approved a disadvantaged business enterprise affirmative action program which the Iowa DOT and/or Consultant agrees(s)to carry out, this program(s) is incorporated into this Agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notification to the Consultant of its failure to carry out the approved program, the Owner, the Iowa DOT, and/or the U.S. DOT shall impose sanctions, which may include termination of the Agreement or other measures that may affect the ability of the Consultant to obtain future U.S. DOT financial assistance. The Consultant or any of its subconsultants are hereby advised that failure to fully comply with the Iowa Department of Transportation's DBE Program shall constitute a breach of contract and may result in termination of this Agreement or agreement(s) by the Owner or such remedy as the Owner deems appropriate. Refer to Article 4.6 of the Agreement. 4.16.1.5 Information and Reports 4.16.1.5.1 The Consultant will provide all information and reports required by the regulations, orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Owner, the Iowa DOT, or the FHWA, to be pertinent to ascertain compliance with regulations, orders and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the Owner, the Iowa DOT, or the FHWA, as appropriate, and shall set forth what efforts it has made to obtain information. 4.16.1.6 Sanctions for Noncompliance 4.16.1.6.1 In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Agreement, the Owner shall impose such contract sanctions as it, the Iowa DOT, or the FHWA, may determine to be appropriate, including, but not limited to: 1.6.1.1 Withholding of payments to the Consultant under the Agreement until the Consultant complies, and/or 1.6.1.2 Cancellation, termination or suspension of the Agreement, in whole or in part. 4.16.1.7 Incorporation of Provisions Page 8 of 17 4.16.1.7.1 The Consultant will include the provisions of Article 4.16.1.1 through 4.16.1.6 of this Agreement in every subagreement, including procurements of materials and lease of equipment, unless exempt by the regulations, orders or instructions issued pursuant thereto. The Consultant will take such action with respect to any subagreement or procurement as the Owner, Iowa DOT, or FHWA may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however,that in the event a Consultant becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the Owner,the Iowa DOT, or the Untied States to enter into such litigation to protect the interests of the Owner, the Iowa DOT, and the Unites States, respectively. 4.17 Access To Records 4.17.1 The Consultant is to maintain all books, documents, papers, accounting records and other evidence pertaining to this Agreement and to make such materials available at their respective offices at all reasonable times during the agreement period, and for three years from the date of final payment under the Agreement, for inspection and audit by the Owner, Iowa DOT, FHWA, or any authorized representatives of the Federal Government; and copies thereof shall be furnished, if requested. 4.18 Iowa DOT and Federal Highway Administration Participation 4.18.1 The work under this Agreement shall be contingent upon and subject to the approval of the Iowa DOT and the Federal Highway Administration (if applicable). The Iowa DOT and the Federal Highway Administration shall have the right to participate in the conferences between the Consultant and the Owner and to participate in the review or examination of the work in progress. 4.19 Severability If any section, provision or part of this Agreement shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the Agreement as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. 4.20 Choice of Law and Form The laws of the State of Iowa shall govern and determine all matters arising out of or in connection with this Agreement without regard to the choice of law provisions of Iowa law. In the event any proceeding of a quasi-judicial or judicial nature is commenced in connection with this Agreement, the exclusive jurisdiction for the proceeding shall be brought in the Black Hawk County District Court for the State of Iowa, Waterloo, Iowa. This provision shall not be construed as waiving any immunity to suit or liability including without limitation sovereign immunity in State or Federal court, which may be available to the Owner. Page 9 of 17 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officials thereunto duly authorized as of the dates below indicated. AmentOnc. -, - Date: 't'i>9��r'�' /fJ' �i 3 Jimmyp. Rdsq, L.Sj President-__ City aterloo, Ipwa Date: Ernest G. "Buck" Clark Mayor Iowa Department of Transportation Accepted for FHWA Authorization* By: Date: Robert Welper, P.E. Local Systems Engineer District 2 Office *The Iowa DOT is not a party to this Agreement. However, by signing this Agreement, the Iowa DOT is indicating the work proposed under this Agreement is acceptable for FHWA authorization of Federal funds. Page 10 of 17 ATTACHMENT A Scope of Services Scope of Services The scope of services to be performed by the ENGINEER shall be completed in accordance with generally accepted standards of practice and shall include the services and supplies to perform tasks listed below. 1. Project Management A. Consultant Management—This task involves the preparation of subcontracts and work orders for ENGINEER's Consultants. This task also includes monitoring ENGINEER's Consultant activities, reviewing ENGINEER's Consultant invoices, and submitting to the OWNER for payment. This task also includes reviewing ENGINEER's Consultant work for technical accuracy and conformance with project requirements. The Consultants that are anticipated are: • Morning Star Studio I1. Public Involvement Plan No additional effort. Ill. Research and Data Collection No additional effort. IV. Preliminary Design Plans and V. Property Acquisition and Check Plans and Final Plans A. Design Services 1. Retaining Wall Design and Plan Coordination—This task includes preliminary and final design of and plan sheet development for the proposed Portland cement concrete (PCC) retaining wall that is to be constructed along the west edge of the parking lot on Parcel 82 (Operation Threshold)—located on the east side of Kimball Avenue between approximately Station 121+50 and Station 122+75, which is intended to replace the 32'-long north-south segment of the existing 2-foot high, 9-inch thick PCC retaining wall that is currently in place. This task also design coordination and plan set development coordination between the CONSULTANT and the CONSULTANT's subconsultant. [The design effort in Supplemental Agreement No. 1 included only retaining wall layout and not preliminary and final design.] VI. Contractor Procurement No additional effort. VII. Deliverables A. ENGINEER Deliverables 1. ENGINEER's Opinion of Anticipated Construction Cost for Portland cement concrete(PCC) retaining wall proposed for construction on Parcel 82. 2. Check and final design plan sheets for Portland cement concrete(PCC) retaining wall proposed for construction on Parcel 82. VIII. OWNER's RESPONSIBILITIES MATERIAL AND INFORMATION TO BE PROVIDED BY THE OWNER: The OWNER shall provide the following material and information related to the project: A. No additional OWNER responsibilities. Page 11 of 17 ATTACHMENT B Specifications Alternate Urban Design Guides table, dated October 4, 2002 and the Iowa Department of Transportation Standard Specifications for Highway and Bridge Construction, Series 2012, plus General Supplemental Specifications; and applicable Supplemental Specifications, Developmental Specifications, and Special Provisions. Page 12 of 17 ATTACHMENT C (referenced from 3.1) Fees and Payments -Cost Plus Fixed Fee 3.1.1 FEES AND PAYMENTS 3.1.1.1 Fees. For full and complete compensation for all work, materials, and services furnished under the terms of this Agreement,the Consultant shall be paid fees in the amounts of the Consultant's actual cost plus applicable fixed fee amount. Consultants'actual costs shall include payments to any subconsultants. The estimated actual costs and fixed fee are shown below and are itemized in Attachment C-1. The nature of engineering services is such that actual costs are not completely determinate. Therefore, it is possible that the Consultant's actual costs may exceed those shown in Attachment C-1 and as shown below. A contingency amount has been established to provide for actual costs that exceed those estimated. Estimated Actual Costs $ 5.172.00 Fixed Fee[Prime Only] $ 397.00 Contingency[Prime Only] $ 15,000.00 Maximum Amount Payable $20.569.00 If at any time during the work the Consultant determines that its actual costs will exceed the estimated actual costs, thus necessitating the use of a contingency amount, it will promptly so notify the Contract Administrator in writing and describe what costs are causing the overrun and the reason. The Consultant shall not exceed the estimated actual costs without the prior written approval of the Contract Administrator and concurrence of the Iowa DOT and the FHWA (when applicable). The Owner or the Iowa DOT may audit the Consultant's cost records prior to authorizing the use of a contingency amount. The Consultant shall establish a procedure for comparing the actual costs incurred during the performance of the work to the estimated actual costs listed above. The purpose is to monitor these two elements and thus provide for early identification of any potential for the actual costs exceeding the estimated actual costs. If the Consultant exceeds the estimated actual costs for any reason (other than that covered in Section 3.1.1.2.3) before the Contract Administrator is notified in writing, the Owner will have the right, at its discretion, to deny the use of the contingency amount. The fixed fee amount will not be changed unless there is a substantial change in scope, character, or complexity of the services covered by this Agreement or the time schedule is changed by the Owner. Any change in the fixed fee amount will be made by a Supplemental Agreement or Extra Work Order. The maximum amount payable under this Agreement is$20.569.00, which is the sum of the above amounts. The maximum amount payable can not be exceeded except by Supplemental Agreement or Extra Work Order if the Consultant establishes there is a substantial change in scope, character, or complexity of the services covered by this Agreement,the Contract Administrator agrees, and the Iowa DOT and FHWA(when applicable) concurs. If at any time it is determined that a maximum amount payable will be or has been exceeded, the Consultant shall immediately so notify the Contract Administrator in writing. The maximum amount payable may be increased by a Supplemental Agreement or Extra Work Order, or this Agreement will be terminated, with the Owner having the right, at its discretion,to terminate this Agreement without payment of the amount exceeding the maximum amount payable. The Owner or the Iowa DOT may audit the Consultant's cost records prior to making a decision whether or not to increase the maximum amount payable. 3.1.1.2 Reimbursable Costs. Reimbursable costs are the actual costs incurred by the Consultant which are attributable to the specific work covered by this Agreement and allowable under the provisions of Title 48, Subchapter E., Part 30(full cost accounting standards;when applicable), section 31.105 and Subpart 31.2 of the current Federal Acquisition Regulation. These include the following: 1. Salaries of the employees for time directly chargeable to work covered by the Agreement, and salaries of principals for time they are productively engaged in work necessary to fulfill the terms of the Agreement. Page 13 of 17 2. Direct non-salary costs incurred in fulfilling the terms of this Agreement. The Consultantwill be required to submit a detailed listing of direct non-salary costs incurred and certify that such costs are not included in overhead expense pool. These costs may include travel and subsistence, reproductions, computer charges and materials and supplies. 3. The indirect costs (salary related expenses and general overhead costs)to the extent that they are properly allowable to the work covered by this Agreement. The Consultant has submitted to the Ownerthe following indirect costs as percentages of direct salary costs to be used provisionally for progress payments for work accomplished during the Consultant's current fiscal year: Salary related expenses are 32.25% of direct salary costs and general overhead costs are 155.78% of direct salary costs. Use of updated overhead percentage rates shall be requested by the Consultant after the close of each fiscal year and shall be used to update previous year invoices and subsequent year as a provisional rate for invoicing in order to more accurately reflect the cost of work during the previous and subsequent years. Any actual fiscal year or fiscal year's audited or unaudited indirect costs rates known by the Consultant shall be used in computing the final invoice statement.All unverified overhead rates shall have a schedule of computation supporting the proposed rate attached to the final bill. Prior to final payment for work completed under this Agreement all indirect cost rates shall be audited and adjusted to actual rates through the most recently completed fiscal year during which the work was actually accomplished. In the event that the work is completed in the current fiscal year, audited indirect cost rates for the most recently completed fiscal year may be applied also to work accomplished in the current fiscal year. If these new rates cause the estimated actual costs to be exceeded, the contingency amount will be used. 3.1.1.3 Premium Overtime Pay. Premium overtime pay (pay over normal hourly pay) shall not exceed 2 percent of the total direct salary cost without written authorization. 3.1.1.4 Payments. Monthly payments shall be made based on the percentage of work completed and substantiated by monthly progress reports. The report shall indicate the direct and indirect costs associated with the work completed during the month. The Contract Administrator will check such progress reports and payment will be made for the direct non-salary costs and salary and indirect costs during said month, plus a portion of the fixed fee. The portion of the fixed fee to be paid will be in the proportion of the actual work completed and documented on the monthly progress reports. Upon delivery and acceptance of all work contemplated under this Agreement, the Consultant shall submit one complete invoice statement of costs incurred and/or amounts earned. Payment of 100% of the total cost claimed will be made upon receipt and review of such claim. Final audit will determine correctness of all invoiced costs and final payment will be based upon this audit. The Consultant agrees to reimburse the Owner for possible overpayment determined by final audit. Page 14 of 17 ATTACHMENT C-1 -Supplemental Agreement No.2 COST ANALYSIS SHEET 1.Direct Labor Cost Employee Classification Hours Rate Amount E6-Project Manager 15 $41.00 $615.00 E4-Project Engineer 8 $30.00 240.00 E1 -Project Engineer 14 $18.00 252.00 LSM-Land Surveyor Manager 0 $54.75 0.00 LS2-Land Surveyor 0 $30.75 0.00 LSI-Land Surveyor Intern 0 $26.50 0.00 T4-Technician 0 $20.50 0.00 T3-Technician 0 $18.25 0.00 A3-Administration 1 $26.75 26.75 C3-Clerical 1 $14.25 14.25 Direct Labor Total 39 $1,148.00 11.Payroll Burden and Overhead Costs Indirect Cost Factor(Overhead Rate)= 188.03% Total Indirect Costs= $2,158.58 III.Direct Project Expenses Quantity Rate Amount Mileage(miles) 0 $0.555 $0.00 Reproductions(each) 0 $0.30 0.00 Postage(oz.) 0 $0.45 0.00 Ground-Based UDAR(days) 0 $1,000.00 0.00 Total Direct Expenses= $0.00 IV.Subconsultant Costs Morning Star Studio (Fixed Overhead Rate) $1,865.00 Total Subconsultants= $1,865.00 V. Estimated Actual Costs(I+If+ III+IV)_ $5,172.00 (ROUNDED) VI.Fixed Fee-Prime Only( 12% of I +II)_ $397.00 (ROUNDED) VII.Contingency-Prime Only( 453.64% of I + II + III)_ $15,000.00 (ROUNDED) Vlll.Total Estimated Cost-Cost Plus Fixed Fee(V+VI+VII) _ $20,569.00 (Maximum Amount Payable) Includes contingency amounts(Prime&Subconsultants)totaling $15,154.00 Total Initial Authorized Costs(Excluding All Contingency Amounts)_ $5,415.00 Page 15 of 17 P:\G00412.10\Excel\G00412.10 AMENT Fee Development(Cost-Plus-Fixed Fee)(11-19-2012).xls\Ament Attachment C-1(SA#2)(2) ATTACHMENT H CONSULTANT FEE SCHEDULE(STAFF HOUR ESTIMATE) Supplemental Agreement No.2 Kimball Avenue Transportation Improvements Project-from Tower Park Or to Acadia St Design Related Services AMENT (E8-E6) (E5-E4) (E3-E7) (LS) (LSM Sr.Proj. Proj. Dsgn. Surv. (LS2) Surv. (T4-T1) (A4-A1) (C4-C1) Task for Design Related Services Mngr. Engr. Engr. Suprv. Surv. Intern Tech. Admin. Cler. TOTAL I Project Management A-Project Administration 1 61 01 01 01 01 01 01 11 1 8 A-Project Team Coordination 1 51 01 01 01 01 01 01 01 Oil 5 Total Hours(1) 11 0 0 0 0 0 0 1 1 13 IV Preliminary Design A-Retaining Wall Design&Plan Coordination 1 21 41 81 01 01 01 01 01 oil 14 A-Retaining Wall Design Sheets 0 2 4 0 0 0 0 0 0 6 Total Hours(II) 2 6 12 0 0 0 0 0 0 20 V Property Acquisitions and Check Plan and Final Plans A-PCC Retaining Wall Design(Add Information to Plans) 1 21 21 21 01 01 01 01 01 oil 6 Total Hours(V) 2 2 2 0 0 0 0 0 0 6 Total Hours Per Job Classification and Total Hours 1 151 81 141 01 01 01 01 11 11 39 Page 16 of 17 ATTACHMENT H-1 -Supplemental Agreement No.2 CONSULTANT FEE SCHEDULE -Morning Star Studio Task IV.A.1 -Retaining Wall Design Kimball Avenue Transportation Improvements Project I. Direct Labor Cost Employee Classification Hours Rate Amount Project Engineer 20 $35.00 $700.00 0.00 0.00 0.00 Direct Labor Total" 20 $700.00 II. Payroll Burden and Overhead Costs Indirect Cost Factor(Overhead Rate)= 110.00% Total Indirect Costs= $770.00 III. Direct Project Expenses Quantity Rate Amount Mileage(miles) 110 $0.555 $61.05 Reproductions(each) Large Doc 6 $0.68 4.08 Postgage (oz) 0 $0.45 0.00 0.00 Total Direct Expenses= $65.13 IV. Subconsultant Costs None (Cost plus Fixed Fee) $0.00 None (Lump Sum Fee) $0.00 Total Subconsultants= $0.00 V. Estimated Actual Costs (I + 11 + III + IV)_ $1,535.00 (ROUNDED) VI. Fixed Fee-Prime Only( 12% of I + 11)_ $176.00 (ROUNDED) VII. Contingency-Prime Only( 10% of I + II + III) _ $154.00 (ROUNDED) VIII. Total Estimated Cost(V+VI +VII) _ $1,865.00 Page 17 of 17 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-981 RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 2 WITH AMENT, INC. OF CEDAR RAPIDS, IOWA AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that Supplemental Agreement No. 2 dated November 25, 2013, in an amount not to exceed $20, 569. 00, for additional work in plan development in conjunction with the F. Y. 2014 Kimball Avenue Transportation Improvements, Contract No. 843, by and between Ament, Inc. of Cedar Rapids, 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 25th day of November, 2013 . I Ernest G. Clark, Mayor ATTEST: uzy Scha es, CMC City Clerk I i i i i I i I I i 1 1 i I i CITY OF WATERLOO Council Communication City Council Meeting: November 25, 2013 Prepared-November 7, 2013 Dept. Head Signature;�.. # of Attachments: SUBJECT: Waterloo City Council Chambers Renovation Project Submitted by: Craig Clark- Building Official/Maintenance Administrator Recommended City Council Action: Approve Design and Professional Service Agreement with Invision of Waterloo, Iowa, in an amount not to exceed $32,000.00 for design work, contract documents, bidding assistance, submittal reviews and on-site meetings with construction personnel related to the Waterloo City Council Renovation project. Summary Statement Expenditure Required $ amount not to exceed $32,000.00 0.;�- Source of Funds 408-M-8100-2127 &412-22-8100-2127 Background Information: This renovation consists of new finishes, window treatments, operable partition and lighting.Technology upgrades including power and data to council desks, and cable for video monitors in City Council chambers and Mollenlioff Conference room. Additionally, new finishes and fixtures are to be provided in two restrooms in the adjacent 2nd level police offices. SERVICES AGREEMENT 0 CLIENT: City of Waterloo N O' I� 0 � _ P CONTACT: Craig Clark, Building Offical & Maintenance Director 3 o � ADDRESS: 715 Mulberry Street, Waterloo, IA 50703 N P V) R D � U t") AGREEMENT DATE: 9/24/2013 v N oP V M PROJECT NAME: Waterloo City Council Chambers Renovation PROJECT LOCATION: Waterloo, IA M 0 n Q PROJECT NUMBER: 12046 y .o PART A-PROJECT SCOPE AND SERVICES: o � N O m A.1. Project Scope. Under this agreement, INVISION Architecture,with MODUS Engineering as a consultant,will y provide design services for the Council Chambers Renovation. The development consists of new finishes, window treatments Operable partition lighting power and data to council desks and cabling for video monitors in the city council chambers and the Mollenhoff Conference Room.Additionally, new finishes and fixtures are to be provided in two toilet rooms in the adjacent 2nd level police offices. Services provided under o this agreement include the following: 1. Architectural design and mechanical and electrical engineering design,documentation, bidding,and o construction administration. 2. A cost opinion has been developed identifying construction costs of$306,000 for work to be o included in the documents. i 3 The following is not provided under this agreement: — t � o z s 1. NA Zo w , PART B-TERMS OF PAYMENT: 13.1 Basic Service Fees. Professional fees for Basic services will be billed on an hourly basis to a maximum amount of $32.000.00. Hourly rates are attached to this agreement. Mechanical and electrical engineering services are included in the maximum fee amount and will be provided by MODUS Engineering. 6.2 Direct and Reimbursable Expenses. In addition to the hourly rate for Basic Services identified under B.1,the client will be billed for the invoiced cost of reimbursable expenses. Reimbursable expenses anticipated for this project are as follows: printing and distribution of documents, postage, permitting/document review fees. B.3 Additional Services. For services in addition to those identified under Part A,an additional service agreement z Waterloo City Council Chambers Renovation 9/24/2013 Page 2 of 3 will be negotiated and billed monthly. 0 B.4 Payment Schedule. The project will be invoiced monthly based on hours expended. Payment is to be made within 30 days of receipt. Past due invoices will bear interest at 1.5% per month until payment is received. oa Y M B.5 Invoice Dispute. If the client objects to any portion of an invoice,the client shall so notify the design professional in writing within 10 calendar days of receipt of the invoice. The client shall identify the specific a cause of disagreement and shall pay when due that portion of the invoice not in dispute. Interest as stated = w above shall be paid by the client on all disputed invoiced amounts resolved in the design professional's favor a and unpaid for more than 30 calendar days after the date of submission. M yM c h Part C—Other Provisions M .L V) 2 C.1 Disposition of Documents. The original of all documents,such as reports,calculations,drawings and specification prepared by INVISION Architecture for the project shall remain the copyrighted property of o INVISION Architecture. o C.2 Mediation. In an effort to resolve any conflicts that arise during the design or construction of the project or o following the completion of the project,the Client and the Design Professional agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbonding mediation unless the o parties mutually agree otherwise. Y _ J V) The Client and the Design Professional further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all — independent contractors and consultants also to include a similar mediation provision in all agreements with o subcontractors, subconsultants, suppliers or fabricators so retained,thereby providing for mediation as the ` M primary method for dispute resolution between the parties to those agreements. r M .= C.3 Termination of Services. The Client may suspend or terminate any or all services covered in this agreement at any time, subject to the Client's giving a minimum of seven days written notice of suspension or o termination. The Client shall thereupon make payment of all unpaid services rendered and expenses incurred; g to the date notice is received by INVISION Architecture. 3 C.4 Warranty. INVISION Architecture, represents that the services furnished under this agreement will be in w accordance with generally accepted professional practices. INVISION Architecture makes no other warranty o or representation,expressed or implied. w :° C.5 Acceptance of Agreement.Two or more copies of this agreement are to be signed by both the Client and Design Professional. One signed agreement is to be retained by the Client for file and the second signed agreement returned to INVISION Architecture for file.Authorization to proceed with services, either verbal or written shall be considered acceptance of the above proposal. z = Waterloo City Council Chambers Renovation 9/24/2013 Page 3 of 3 Approved f wner: 0 0 h s o � a � Q P N :'S O M ? N O U O M Approved for INVISION: y a .`n v a � `y M Michael Brosh r,FAIA M S v� a INVISION P 501 Sycamore St.#101 PO Box 1800 s Waterloo, Iowa 50704 P.319.233.8419 n � o a o N M N � T` n m o 'o M O L <� a O O w f S w � V Z V O o `L O W Q c Li 4y''� p� z = INVISION Architecture Billing Rates January 2013 Principal 200.00 Senior Architect 135.00 Project Manager II 110.00 - 120.00 Project Manager 1 95.00 Intern Architect II 85.00 Intern Architect 1 70.00 - 90.00 Student Intern 50.00 Interior Designer 70.00 - 80.00 Standards and Model Content Manager 85.00 Draftsperson 60.00 Administrative 55.00 - 80.00 MODUS Engineering Engineer IV 200.00 Engineer III 170.00 Engineer II 130.00 Engineer 100.00 Technician 70.00 Administration 60.00 i I i i Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . i i RESOLUTION NO. 2013-982 RESOLUTION APPROVING DESIGN AND PROFESSIONAL SERVICE AGREEMENT WITH INVISION ARCHITECTURE 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 Design and Professional Service Agreement dated November 25, 2013, in an amount not to exceed $32, 000 . 00, for the Waterloo City Council Chambers Renovation Project, by and between Invision Architecture 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 25th day of November, 2013 . Ernest G. Clark, Mayor ATTEST: ss,11 CIJCI�D zy S ares, CMC City Cl rk CITY OF WATERLOO Council Communication City Council Meeting: 11/25/13 Prepared: 11/19/13 /� Dept. Head Signature:;' t I(' �' Z # of Attachments: 3 SUBJECT: Golf Professionals Contracts Submitted by: JB Bolger- Golf& Downtown Area Maintenance Manager Recommended City Council Action: Approve new five year contracts with golf professionals. Summary Statement The Leisure Services Commission is forwarding their approval of new five year contracts with Monte Meyer, Andy Devine, and Nate Lubs to the City Council for their consideration. Contracts are identical for all three courses and professionals. Contracts as proposed will increase revenue for the City of Waterloo. Expenditure Required Source of Funds Policy Issue Alternative Background Information: Following are the major changes: • Five year contracts with expiration dates of December 31" 2018. • $1,000 increase in annual contractual payment by professionals. • "Base year" was removed from incentive payments. Incentives will be paid in excess of the previous four years average. • $.25 per round incentive was added for Mon/Tues/Wed Half-Price Special Rounds. • City will no longer wave greens fees for two tournaments for golf professionals. One day is removed from the contract immediately and one is removed after the first four years of the contract. Each day is worth$2,000 to $4,000 in additional revenue for the City. • Cost sharing of"winter months" utilities payments is increased from 37.5%to 50% for golf professionals. GOLF COURSE PRO SHOP AGREEMENT This Golf Course Pro Shop Agreement(the "Agreement") is made and entered into as of tl ,oj ?6 2,-i-7> ,by and between the City of Waterloo, Iowa("City") and Monte Meyer Pro Shop, Inc. ("Golf Pro"). In consideration of the mutual promises exchanged herein, City and Golf Pro agree as set forth below. 1. DEFINITIONS. Whenever used in this Agreement, these terms shall be defined as follows: Commission: Waterloo Leisure Services Commission Director: Waterloo Leisure Services Director Golf Course: South Hills Golf Course Golf Season: Opening day through official closing as determined each calendar year by the Commission Pro Shop: South Hills Golf Course Pro Shop 2. TERM OF AGREEMENT. This term of this Agreement shall commence on January 1, 2014, and continue until and including December 31, 2018, unless sooner terminated pursuant to this Agreement. 3. INDEPENDENT CONTRACTOR STATUS. The parties hereby acknowledge and agree that Golf Pro is an independent contractor and is not an employee, agent,partner, or joint venturer of City. Golf Pro has no power or authority to enter into contracts or agreements on behalf of City. City has in this Agreement determined the work to be done by Golf Pro, but Golf Pro shall determine the legal means by which it performs the work specified. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments it may make to Golf Pro under this Agreement. Neither Golf Pro nor any of its employees shall be entitled to receive any benefits that employees of City are entitled to receive and shall not be entitled to workers compensation, unemployment compensation, medical insurance, life insurance,pension, or any benefits of any type or nature whatsoever on account of their work for City. Golf Pro shall be solely responsible for compensating its employees. 4. ALTERNATE USE OF GOLF COURSE. City, acting through the Director,retains the right to designate golf courses for uses other than golf in order to maximize benefits to the public and provide community-wide service. With that in mind,the Director shall, with a minimum of fourteen(14) calendar days' notice to Golf Pro, designate any event to occur on the Golf Course that the Director deems necessary or proper for the public benefit or as a community-wide service. 5. PAYMENT BY GOLF PRO. In addition to other payments as set forth in the Agreement, Golf Pro shall pay City the sum of$17,000.00 each calendar year. Golf Pro may make said payment in installments no more than twelve (12)times per year, and in any event payment in full shall be made on or before December 31 each year. 6. CONCESSIONS AND SERVICES. A. Golf Pro shall be responsible for providing the general public with concession at the Golf Course during the Golf Season. "Concessions" shall include but not be limited to food, beverages, riding cart rentals, services, and merchandise. B. Golf Pro shall retain all income from sale of Concessions and golfing lessons and from the rental of lockers. C. Golf Pro must demonstrate and possess the ability and financial solvency to operate the Pro Shop and to fulfill all duties of Golf Pro as set forth in this Agreement. Toward this end; Golf Pro shall annually(on or before July 1 of each year) deliver the following documents or information to City: 1. A verified or certified financial statement that shows Golf Pro is not insolvent and has the ability to pay all debts as they come due. 2. In lieu of the statement required by paragraph 1, a written statement from Golf Pro's primary lender setting forth the existence and amount of any line of credit that Golf Pro has with such lender and verifying that Golf Pro is current on making all payments to the lender pursuant to such line of credit and other borrowing arrangements between them. City may, at any time and from time to time, review Golf Pro's financial records as they relate to Golf Pro's operations relating to the Golf Course. Such review shall be at City's sole expense. Golf Pro shall fully cooperate in such review. 7. COLLECTION OF GOLF FEES. City shall retain all revenue from green fees and the sale of season tickets, except as otherwise provided in this Agreement. Golf Pro shall collect daily green fees, season ticket fees, and miscellaneous revenue as required by the Director. Golf Pro shall follow all procedures set by the Director or the Director's designee for the collection and remittal of fees and for recordkeeping. 8. INCENTIVE PAYMENTS. City agrees to make to Golf Pro the incentive payments provided for in this Section 8. For purposes of this Section, the"Four Year Average"is the average of the number of regular 9-hole, regular 18-hole, or Monday/Tuesday/Wednesday half- price special, as applicable, daily fee rounds charged and collected in the four calendar years immediately preceding the year in which an incentive payment is to be made. All incentive payments shall be paid by City within 45 days after the last day of each Golf Season. 18-Hole Incentive. The incentive payment shall be an amount equal to $1.00 for each 18- hole daily fee round charged and collected in excess of the Four Year Average for 18-hole daily fee rounds charged and collected. 2 9-Hole Incentive. The incentive payment shall be an amount equal to $0.50 for each 9- hole daily fee round charged and collected in excess of the Four Year Average for 9-hole daily fee rounds charged and collected. Monday/Tuesday/Wednesday Half-Price Incentive. The incentive payment shall be an amount equal to $.25 for each Monday/Tuesday/Wednesday half-price special round charged and collected in excess of the Four Year Average for such rounds charged and collected. Special Promotions Incentive. In addition to the above incentives, Golf Pro and the Director or Director's designee may agree on terms for other incentives from time to time. 9. RESPONSIBILITIES OF THE CITY. In connection with the operation of the Pro Shop, City will be responsible for the following: A. Provide Golf Pro with such areas as are now existing in the Pro Shop building to be used for the purpose of providing Concessions and services. City reserves the right to increase or decrease the size of, or to alter any part of, the Pro Shop building. B. Make all ordinary or reasonable structural repairs required for maintenance and upkeep of the Pro Shop building. C. Furnish tables, chairs, counters, and supplies, such as scorecards, pencils, light bulbs, and any other furnishings as it deems necessary. City will also furnish toilet paper and necessary restroom cleaning supplies. D. Provide Golf Pro with the use of a storage building for motorized golf carts at the Golf Course. E. Golf Pro shall have first right to salvage all lost golf balls from any body of water within the boundaries of the Golf Course, and upon salvage all such balls shall be the sole property of Golf Pro. F. Regularly pick up garbage that Golf Pro places in an approved receptacle. G. Waive greens fees for one (1)tournament sponsored by the Golf Pro during each season through the 2017 season. Golf Pro must request prior approval of the tournament from City's Golf Manager. 10. RESPONSIBILITIES OF GOLF PRO. A. The parties acknowledge that Monte Meyer("Pro Principal") is a key employee and principal of Golf Pro. The personal services that Pro Principal will provide in operation of the Pro Shop and Golf Course are a material inducement for City to enter this Agreement with Golf Pro, and the parties acknowledge that, without the services to be provided by Pro Principal 3 hereunder, City would not enter this Agreement with Golf Pro. Golf Pro agrees that it shall, at all times during the term of this Agreement, continue to employ Pro Principal as a key employee and officer of Golf Pro. In light of the foregoing, if Pro Principal ceases to be an active employee of Golf Pro for any reason, or if Pro Principal ceases to own a controlling interest in Golf Pro, then City may choose to terminate this Agreement as set forth in Section 16 below. B. Golf Pro shall keep accurate accounts of ticket sales and deposits, and assure conscientious and efficient service to the general public. Golf Pro shall provide a list of its employees to the Director at the beginning of each Golf Season and shall supplement such list anytime thereafter when employee changes are made. All such employees shall be hired and terminated at Golf Pro's discretion. Golf Pro agrees to make all decisions regarding the hiring or termination of employees in compliance with State and Federal laws requiring equal opportunity in employment without discrimination, segregation, or regard to an applicant's or employee's race, color, creed, religion, national origin, sex, sexual orientation, gender identity, age, or disability. C. Golf Pro shall keep the Pro Shop facility open and in operation during hours approved by the Director. Golf Pro shall, at the beginning of each Golf Season, and thereafter when any changes are proposed,provide the Director with a schedule of proposed hours when the Pro Shop will be open. D. Golf Pro shall make no alterations, affixations, or repairs to any part of the Pro Shop building or furnishings without first obtaining written approval of the Director. E. Golf Pro shall be responsible for the operation, care and cleaning of locker room facilities and restrooms in the Pro Shop building. Golf Pro shall be responsible for providing necessary cleaning supplies for all areas of the Pro Shop, except for the restrooms. F. Golf Pro shall be responsible for keeping the immediate area outside the Pro Shop free of litter and debris. G. Golf Pro shall be responsible for providing and maintaining all equipment necessary to operate a food and beverage concession and for providing the other services that Golf Pro is required to furnish pursuant to this Agreement. H. Golf Pro shall be responsible for providing and maintaining all golf carts. During each golf season from March through November, Golf Pro shall be responsible for supplying adequate numbers and types of golf carts to handle the golfing public's needs. 1. Pro Principal shall be permitted reasonable time to participate in golf tournaments and other professional activities, including schools and seminars which are necessary to maintain and improve Golf Pro's professional status. 4 J. Golf Pro shall have the exclusive right to give golf lessons at the Golf Course. Golf Pro shall be solely responsible to set and collect fees for lessons. Golf Pro shall provide competent and high-level golf instruction for all groups and levels of players. Golf Pro understands and agrees that a solid developmental junior program is of the highest priority to City, and to that end shall make every effort to ensure the success of a junior program. However, Golf Pro shall allow area high school and college coaches to give instruction to their team members during team practices as authorized and scheduled by Commission staff. K. Golf Pro shall be responsible to comply, and to operate the Golf Course and Pro Shop in a manner that complies, with all applicable laws, rules, regulations and orders of federal, state or local governing authority. 11. UTILITIES. A. Golf Pro will pay City twenty-five percent (25%) of all costs for utilities, including but not limited to heat, lights, water, and local telephone service at the Pro Shop during the months of March through November and fifty percent (50%) of all such costs during the months of December through February. City shall invoice Golf Pro monthly for such costs, and Golf Pro shall remit payment to City within fourteen(14) days. B. Golf Pro shall be responsible for long distance calls made by it or its staff at the Pro Shop. Golf Pro may obtain expanded cable television service at its own expense. Golf Pro shall be responsible to pay for all inspection services provided by City. C. Golf Pro shall pay for all gasoline and/or electrical service necessary to operate and/or charge golf carts. Gasoline will be available through the Golf Course maintenance shop pumps and billed to Golf Pro on a monthly basis through the Commission office. Payment for gasoline will be due ten(10) days after mailing or delivery of the bill. Electrical service charges will be billed to Golf Pro through the Commission's local utility account (currently with MidAmerican Energy). Payment of electrical service charges will be due ten(10) days from mailing or delivery to Golf Pro. D. Golf Pro acknowledges that it has been fully apprised of City's Energy Audit Agreement with MidAmerican Energy, and Golf Pro agrees that it will fully cooperate with City and MidAmerican to keep Pro Shop energy efficient and consistent with City's Energy Audit Program. If Golf Pro fails to cooperate with this provision, Golf Pro shall be solely responsible to pay for all charges for utilities identified in paragraph A above. 12. INSURANCE AND BONDS. A. City will provide public liability, property damage and fire insurance coverages on the Pro Shop structure through its policies. 5 B. Golf Pro shall, at its own expense,procure and maintain insurance sufficient to meet the requirements of the Iowa worker's compensation laws. Golf Pro shall provide the Director with proof of coverage at the beginning of each Golf Season. C. Golf Pro shall, at its own expense,procure and maintain casualty and liability insurance with one or more responsible companies that are authorized to do business in the State of Iowa, in the annual aggregate amount of not less than Five Million Dollars ($5,000,000.00). At the beginning of each Golf Season, Golf Pro shall provide the Director and City's Insurance Coordinator with proof of such insurance coverage. D. The Commission and City shall be named as additional insureds on the insurance policies Golf Pro is required to maintain pursuant to this Section 12. Said insurance policies shall not be canceled or otherwise altered in any way without at least thirty(30) days' written notice delivered to the Director. Furthermore, Golf Pro agrees to indemnify, defend, and hold harmless the Commission and City from and against(1) all claim, demand, cause of action, liabilities, or damages of any type or nature, including but not limited to reasonable attorneys' fees and expenses, relating to or arising from any and all bodily injury to or death of any person or persons, or any and all damage to any property, occasioned by any act, omission, neglect, or wrong-doing of Golf Pro and/or its employees and/or(2) any and all claim, demand, cause of action, liabilities, or damages of any type or nature, including but not limited to reasonable attorneys' fees and expenses, relating to or arising from the existence of this Agreement, other than any claim, demand, cause of action, liabilities, or damages that one parry hereto may have against the other for breach of the terms of this Agreement. E. Golf Pro shall, at its own expense, procure and maintain a fidelity bond in the minimum amount of$25,000 covering any loss or misuse of Golf Course monies due to any fraudulent or dishonest act on the part of Golf Pro or any of its employees. Golf Pro shall provide the Director with proof of same at the beginning of each Golf Season. 13. SUPERVISION AND COOPERATION. A. Golf Pro shall work with the Director or the Director's designee to promote and provide the most efficient service for the golfers of the community. B. Golf Pro shall work with the Director or the Director's designee to provide the highest quality Pro Shop services, Concessions,merchandise, and marketing. 14. PERFORMANCE REVIEW AND TERMINATION. City's objective with respect to the Golf Course and other courses under its ownership is to provide high quality golfing facilities and services to the general public and to provide value to taxpayers. To achieve this end, Golf Pro agrees to cooperate with City in good faith for evaluation and review of all aspects of Golf Course facilities and operations. Each calendar year during the term of this Agreement, either party shall have the right, exercisable without cause or reason,to terminate this Agreement by 6 giving written notice to the other party no later than October 31 of such party's intent to terminate the Agreement as of the following December 31. 15. DISPUTE RESOLUTION. In the event either parry claims that provisions of this Agreement have been breached by the other party, as an alternative to termination of this Agreement as set forth in Section 14 above,the parry may request a conference by delivering written notice to the other party. The written notice shall detail the violations alleged. A conference between the Director and Golf Pro will be arranged within ten(10) days of the date of notice, or such later date as the parties may consent to in writing, and the parties shall in good faith make every reasonable effort to reach an amicable solution. If the parties do not reach a mutually satisfactory resolution of the dispute,they may exercise any remedies available to them under this Agreement and/or applicable law. 16. TERMINATION FOR CAUSE. A. In addition to the election to terminate this Agreement as provided in Section 14 above, this Agreement may be terminated for cause by the Director upon the occurrence of any of the following events (each an"Event of Default"): 1. Death or incapacitating physical or mental disability of Pro Principal, his termination from employment by Golf Pro, or his sale of a controlling interest of the issued and outstanding stock of Golf Pro; 2. Dishonesty or other conduct detrimental to the best interests of the Commission or City by Golf Pro or its principal officers; 3. Continuing inattention to or neglect of duties by Golf Pro or its principal officers; 4. Insolvency or bankruptcy of Golf Pro; 5. Illegal conduct of Golf Pro or its principal officers; 6. Insolvency of Golf Pro or Golf Pro's failure to deliver the documents required under Section 6.0 above; 7. Failure of Golf Pro to maintain the insurance or bonds required under Section 12 above; or 8. The breach by Golf Pro of any other material term of this Agreement. Termination may be immediate or upon advance notice, in the sole discretion of the Director. Waiver of any default shall not constitute or be construed as a waiver of any other or subsequent default. Director shall not be deemed to have waived the right to terminate for any given Event of Default until ninety(90) days have elapsed after the occurrence of such Event of Default. B. Upon termination of the Agreement under this section, Golf Pro shall,within thirty(30) days, surrender to City possession of all buildings and furnishings in reasonable condition, subject to ordinary wear and tear. Within said period, Golf Pro shall remove all personal property belonging to it, or its affiliates, agents or permittees. Any personal property of Golf Pro or other persons that remains upon the premises after said 30-day period shall be deemed abandoned and 7 shall become the property of City, and City may use, retain or dispose of said property in any manner it deems fit without incurring liability therefor to Golf Pro or any other person. 17. TRANSFER OR ASSIGNMENT. Golf Pro shall not transfer or assign this Agreement or sublet the privileges or premises without the prior written consent of City. This Agreement shall be binding upon and inure to the benefit of the parties and the respective personal representatives, successors, and assigns of each. 18. NO LEASE. The parties acknowledge and agree that this Agreement does not constitute a lease by Golf Pro of the Pro Shop, Golf Course, or any other real property owned by City, nor is this Agreement to be construed as a lease or rental agreement. The rights granted to Golf Pro hereunder are personal and contractual in nature. 19. 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 parties nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 20. GENERAL. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof, superseding all prior or other agreements or understandings relating thereto. This Agreement may not be modified except by the mutual written consent of both parties. Time is of the essence in the performance of the terms of this Agreement. IN WITNESS WHEREOF, the parties have entered into this Golf Course Pro Shop Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 8 CITY OF WATERLOO, IOWA MONTE MEYER PRO SHOP, INC. By: By. rnest G. Clark, Mayor Monte G.leyer, Presi t Attes 4Suzych es, City Clerk STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Signed before me on / 13 h , by Monte G. Meyer as President of Monte Meyer Pro Shop, Inc. WEM ggam.,..__ _�ti�. 6��t�S^'. neSIO�`�NO. i5S�6,^s:�ISSl04 EXFIE3£,,_ �--`' `� i Notary Public STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Signed before me on ``AtV'P-44 �&`13by Ernest G. Clark and Suzy Schares as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. o�1 A i DeAnne Kobliska COMMISSION NO. 76399 n / o $ MY COMMISSION EXPIRES t o w,� Z otary Public 9 GOLF COURSE PRO SHOP AGREEMENT This Golf Course Pro Shop Agreement(the"Agreement") is made and entered into as of 2,5,26/ 3 by and between the City of Waterloo, Iowa("City") and Andy Devine Golf, Inc. ("Golf Pro"). In consideration of the mutual promises exchanged herein, City and Golf Pro agree as set forth below. 1. DEFINITIONS. Whenever used in this Agreement,these terms shall be defined as follows: Commission: Waterloo Leisure Services Commission Director: Waterloo Leisure Services Director Golf Course: Iry Warren Memorial Golf Course Golf Season: Opening day through official closing as determined each calendar year by the Commission Pro Shop: Iry Warren Memorial Golf Course Pro Shop 2. TERM OF AGREEMENT. This term of this Agreement shall commence on January 1, 2014, and continue until and including December 31, 2018, unless sooner terminated pursuant to this Agreement. 3. INDEPENDENT CONTRACTOR STATUS. The parties hereby acknowledge and agree that Golf Pro is an independent contractor and is not an employee, agent,partner, or joint venturer of City. Golf Pro has no power or authority to enter into contracts or agreements on behalf of City. City has in this Agreement determined the work to be done by Golf Pro, but Golf Pro shall determine the legal means by which it performs the work specified. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments it may make to Golf Pro under this Agreement. Neither Golf Pro nor any of its employees shall be entitled to receive any benefits that employees of City are entitled to receive and shall not be entitled to workers compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Golf Pro shall be solely responsible for compensating its employees. 4. ALTERNATE USE OF GOLF COURSE. City, acting through the Director,retains the right to designate golf courses for uses other than golf in order to maximize benefits to the public and provide community-wide service. With that in mind,the Director shall, with a minimum of fourteen(14) calendar days' notice to Golf Pro, designate any event to occur on the Golf Course that the Director deems necessary or proper for the public benefit or as a community-wide service. 5. PAYMENT BY GOLF PRO. In addition to other payments as set forth in the Agreement, Golf Pro shall pay City the sum of$17,000.00 each calendar year. Golf Pro may make said payment in installments no more than twelve (12)times per year, and in any event payment in full shall be made on or before December 31 each year. 6. CONCESSIONS AND SERVICES. A. Golf Pro shall be responsible for providing the general public with concession at the Golf Course during the Golf Season. "Concessions" shall include but not be limited to food, beverages, riding cart rentals, services, and merchandise. B. Golf Pro shall retain all income from sale of Concessions and golfing lessons and from the rental of lockers. C. Golf Pro must demonstrate and possess the ability and financial solvency to operate the Pro Shop and to fulfill all duties of Golf Pro as set forth in this Agreement. Toward this end, Golf Pro shall annually(on or before July 1 of each year) deliver the following documents or information to City: 1. A verified or certified financial statement that shows Golf Pro is not insolvent and has the ability to pay all debts as they come due. 2. In lieu of the statement required by paragraph 1, a written statement from Golf Pro's primary lender setting forth the existence and amount of any line of credit that Golf Pro has with such lender and verifying that Golf Pro is current on making all payments to the lender pursuant to such line of credit and other borrowing arrangements between them. City may, at any time and from time to time, review Golf Pro's financial records as they relate to Golf Pro's operations relating to the Golf Course. Such review shall be at City's sole expense. Golf Pro shall fully cooperate in such review. 7. COLLECTION OF GOLF FEES. City shall retain all revenue from green fees and the sale of season tickets, except as otherwise provided in this Agreement. Golf Pro shall collect daily green fees, season ticket fees, and miscellaneous revenue as required by the Director. Golf Pro shall follow all procedures set by the Director or the Director's designee for the collection and remittal of fees and for recordkeeping. 8. INCENTIVE PAYMENTS. City agrees to make to Golf Pro the incentive payments provided for in this Section 8. For purposes of this Section, the "Four Year Average" is the average of the number of regular 9-hole, regular 18-hole, or Monday/Tuesday/Wednesday half- price special, as applicable, daily fee rounds charged and collected in the four calendar years immediately preceding the year in which an incentive payment is to be made. All incentive payments shall be paid by City within 45 days after the last day of each Golf Season. 18-Hole Incentive. The incentive payment shall be an amount equal to $1.00 for each 18- hole daily fee round charged and collected in excess of the Four Year Average for 18-hole daily fee rounds charged and collected. 2 9-Hole Incentive. The incentive payment shall be an amount equal to $0.50 for each 9- hole daily fee round charged and collected in excess of the Four Year Average for 9-hole daily fee rounds charged and collected. Monday/Tuesday/Wednesday Half-Price Incentive. The incentive payment shall be an amount equal to $.25 for each Monday/Tuesday/Wednesday half-price special round charged and collected in excess of the Four Year Average for such rounds charged and collected. Special Promotions Incentive. In addition to the above incentives, Golf Pro and the Director or Director's designee may agree on terms for other incentives from time to time. 9. RESPONSIBILITIES OF THE CITY. In connection with the operation of the Pro Shop, City will be responsible for the following: A. Provide Golf Pro with such areas as are now existing in the Pro Shop building to be used for the purpose of providing Concessions and services. City reserves the right to increase or decrease the size of, or to alter any part of, the Pro Shop building. B. Make all ordinary or reasonable structural repairs required for maintenance and upkeep of the Pro Shop building. C. Furnish tables, chairs, counters, and supplies, such as scorecards,pencils, light bulbs, and any other furnishings as it deems necessary. City will also furnish toilet paper and necessary restroom cleaning supplies. D. Provide Golf Pro with the use of a storage building for motorized golf carts at the Golf Course. E. Golf Pro shall have first right to salvage all lost golf balls from any body of water within the boundaries of the Golf Course, and upon salvage all such balls shall be the sole property of Golf Pro. F. Regularly pick up garbage that Golf Pro places in an approved receptacle. G. Waive greens fees for one (1) tournament sponsored by the Golf Pro during each season through the 2017 season. Golf Pro must request prior approval of the tournament from City's Golf Manager. 10. RESPONSIBILITIES OF GOLF PRO. A. The parties acknowledge that Timothy"Andy"Devine ("Pro Principal") is a key employee and principal of Golf Pro. The personal services that Pro Principal will provide in operation of the Pro Shop and Golf Course are a material inducement for City to enter this Agreement with Golf Pro, and the parties acknowledge that, without the services to be provided 3 by Pro Principal hereunder, City would not enter this Agreement with Golf Pro. Golf Pro agrees that it shall, at all times during the term of this Agreement, continue to employ Pro Principal as a key employee and officer of Golf Pro. In light of the foregoing, if Pro Principal ceases to be an active employee of Golf Pro for any reason, or if Pro Principal ceases to.own a controlling interest in Golf Pro, then City may choose to terminate this Agreement as set forth in Section 16 below. B. Golf Pro shall keep accurate accounts of ticket sales and deposits, and assure conscientious and efficient service to the general public. Golf Pro shall provide a list of its employees to the Director at the beginning of each Golf Season and shall supplement such list anytime thereafter when employee changes are made. All such employees shall be hired and terminated at Golf Pro's discretion. Golf Pro agrees to make all decisions regarding the hiring or termination of employees in compliance with State and Federal laws requiring equal opportunity in employment without discrimination, segregation, or regard to an applicant's or employee's race, color, creed, religion, national origin, sex, sexual orientation, gender identity, age, or disability. C. Golf Pro shall keep the Pro Shop facility open and in operation during hours approved by the Director. Golf Pro shall, at the beginning of each Golf Season, and thereafter when any changes are proposed, provide the Director with a schedule of proposed hours when the Pro Shop will be open. D. Golf Pro shall make no alterations, affixations, or repairs to any part of the Pro Shop building or furnishings without first obtaining written approval of the Director. E. Golf Pro shall be responsible for the operation, care and cleaning of locker room facilities and restrooms in the Pro Shop building. Golf Pro shall be responsible for providing necessary cleaning supplies for all areas of the Pro Shop, except for the restrooms. F. Golf Pro shall be responsible for keeping the immediate area outside the Pro Shop free of litter and debris. G. Golf Pro shall be responsible for providing and maintaining all equipment necessary to operate a food and beverage concession and for providing the other services that Golf Pro is required to furnish pursuant to this Agreement. H. Golf Pro shall be responsible for providing and maintaining all golf carts. During each golf season from March through November, Golf Pro shall be responsible for supplying adequate numbers and types of golf carts to handle the golfing public's needs. I. Pro Principal shall be permitted reasonable time to participate in golf tournaments and other professional activities, including schools and seminars which are necessary to maintain and improve Golf Pro's professional status. 4 J. Golf Pro shall have the exclusive right to give golf lessons at the Golf Course. Golf Pro shall be solely responsible to set and collect fees for lessons. Golf Pro shall provide competent and high-level golf instruction for all groups and levels of players. Golf Pro understands and agrees that a solid developmental junior program is of the highest priority to City, and to that end shall make every effort to ensure the success of a junior program. However, Golf Pro shall allow area high school and college coaches to give instruction to their team members during team practices as authorized and scheduled by Commission staff. K. Golf Pro shall be responsible to comply, and to operate the Golf Course and Pro Shop in a manner that complies, with all applicable laws, rules, regulations and orders of federal, state or local governing authority. 11. UTILITIES. A. Golf Pro will pay City twenty-five percent(25%) of all costs for utilities, including but not limited to heat, lights,water, and local telephone service at the Pro Shop during the months of March through November and fifty percent(50%) of all such costs during the months of December through February. City shall invoice Golf Pro monthly for such costs, and Golf Pro shall remit payment to City within fourteen(14) days. B. Golf Pro shall be responsible for long distance calls made by it or its staff at the Pro Shop. Golf Pro may obtain expanded cable television service at its own expense. Golf Pro shall be responsible to pay for all inspection services provided by City. C. Golf Pro shall pay for all gasoline and/or electrical service necessary to operate and/or charge golf carts. Gasoline will be available through the Golf Course maintenance shop pumps and billed to Golf Pro on a monthly basis through the Commission office. Payment for gasoline will be due ten (10) days after mailing or delivery of the bill. Electrical service charges will be billed to Golf Pro through the Commission's local utility account (currently with MidAmerican Energy). Payment of electrical service charges will be due ten(10) days from mailing or delivery to Golf Pro. D. Golf Pro acknowledges that it has been fully apprised of City's Energy Audit Agreement with MidAmerican Energy, and Golf Pro agrees that it will fully cooperate with City and MidAmerican to keep Pro Shop energy efficient and consistent with City's Energy Audit Program. If Golf Pro fails to cooperate with this provision, Golf Pro shall be solely responsible to pay for all charges for utilities identified in paragraph A above. 12. INSURANCE AND BONDS. A. City will provide public liability,property damage and fire insurance coverages on the Pro Shop structure through its policies. 5 B. Golf Pro shall, at its own expense,procure and maintain insurance sufficient to meet the requirements of the Iowa worker's compensation laws. Golf Pro shall provide the Director with proof of coverage at the beginning of each Golf Season. C. Golf Pro shall, at its own expense,procure and maintain casualty and liability insurance with one or more responsible companies that are authorized to do business in the State of Iowa, in the annual aggregate amount of not less than Five Million Dollars ($5,000,000.00). At the beginning of each Golf Season, Golf Pro shall provide the Director and City's Insurance Coordinator with proof of such insurance coverage. D. The Commission and City shall be named as additional insureds on the insurance policies Golf Pro is required to maintain pursuant to this Section 12. Said insurance policies shall not be canceled or otherwise altered in any way without at least thirty(30) days' written notice delivered to the Director. Furthermore, Golf Pro agrees to indemnify, defend, and hold harmless the Commission and City from and against(1) all claim, demand, cause of action, liabilities, or damages of any type or nature, including but not limited to reasonable attorneys' fees and expenses, relating to or arising from any and all bodily injury to or death of any person or persons, or any and all damage to any property, occasioned by any act, omission, neglect, or wrong-doing of Golf Pro and/or its employees and/or(2) any and all claim, demand, cause of action, liabilities, or damages of any type or nature, including but not limited to reasonable attorneys' fees and expenses, relating to or arising from the existence of this Agreement, other than any claim, demand, cause of action, liabilities, or damages that one party hereto may have against the other for breach of the terms of this Agreement. E. Golf Pro shall, at its own expense,procure and maintain a fidelity bond in the minimum amount of$25,000 covering any loss or misuse of Golf Course monies due to any fraudulent or dishonest act on the part of Golf Pro or any of its employees. Golf Pro shall provide the Director with proof of same at the beginning of each Golf Season. 13. SUPERVISION AND COOPERATION. A. Golf Pro shall work with the Director or the Director's designee to promote and provide the most efficient service for the golfers of the community. B. Golf Pro shall work with the Director or the Director's designee to provide the highest quality Pro Shop services, Concessions,merchandise, and marketing. 14. PERFORMANCE REVIEW AND TERMINATION. City's objective with respect to the Golf Course and other courses under its ownership is to provide high quality golfing facilities and services to the general public and to provide value to taxpayers. To achieve this end, Golf Pro agrees to cooperate with City in good faith for evaluation and review of all aspects of Golf Course facilities and operations. Each calendar year during the term of this Agreement, either party shall have the right, exercisable without cause or reason, to terminate this Agreement by 6 giving written notice to the other party no later than October 31 of such party's intent to terminate the Agreement as of the following December 31. 15. DISPUTE RESOLUTION. In the event either party claims that provisions of this Agreement have been breached by the other parry, as an alternative to termination of this Agreement as set forth in Section 14 above,the parry may request a conference by delivering written notice to the other party. The written notice shall detail the violations alleged. A conference between the Director and Golf Pro will be arranged within ten(10) days of the date of notice, or such later date as the parties may consent to in writing, and the parties shall in good faith make every reasonable effort to reach an amicable solution. If the parties do not reach a mutually satisfactory resolution of the dispute, they may exercise any remedies available to them under this Agreement and/or applicable law. 16. TERMINATION FOR CAUSE. A. In addition to the election to terminate this Agreement as provided in Section 14 above,this Agreement may be terminated for cause by the Director upon the occurrence of any of the following events (each an "Event of Default"): 1. Death or incapacitating physical or mental disability of Pro Principal, his termination from employment by Golf Pro, or his sale of a controlling interest of the issued and outstanding stock of Golf Pro; 2. Dishonesty or other conduct detrimental to the best interests of the Commission or City by Golf Pro or its principal officers; 3. Continuing inattention to or neglect of duties by Golf Pro or its principal officers; 4. Insolvency or bankruptcy of Golf Pro; 5. Illegal conduct of Golf Pro or its principal officers; 6. Insolvency of Golf Pro or Golf Pro's failure to deliver the documents required under Section 6.0 above; 7. Failure of Golf Pro to maintain the insurance or bonds required under Section 12 above; or 8. The breach by Golf Pro of any other material term of this Agreement. Termination may be immediate or upon advance notice, in the sole discretion of the Director. Waiver of any default shall not constitute or be construed as a waiver of any other or subsequent default. Director shall not be deemed to have waived the right to terminate for any given Event of Default until ninety(90) days have elapsed after the occurrence of such Event of Default. B. Upon termination of the Agreement under this section, Golf Pro shall, within thirty (30) days, surrender to City possession of all buildings and furnishings in reasonable condition, subject to ordinary wear and tear. Within said period, Golf Pro shall remove all personal property belonging to it, or its affiliates, agents or permittees. Any personal property of Golf Pro or other persons that remains upon the premises after said 30-day period shall be deemed abandoned and 7 shall become the property of City, and City may use, retain or dispose of said property in any manner it deems fit without incurring liability therefor to Golf Pro or any other person. 17. TRANSFER OR ASSIGNMENT. Golf Pro shall not transfer or assign this Agreement or sublet the privileges or premises without the prior written consent of City. This Agreement shall be binding upon and inure to the benefit of the parties and the respective personal representatives, successors, and assigns of each. 18. NO LEASE. The parties acknowledge and agree that this Agreement does not constitute a lease by Golf Pro of the Pro Shop, Golf Course, or any other real property owned by City, nor is this Agreement to be construed as a lease or rental agreement. The rights granted to Golf Pro hereunder are personal and contractual in nature. 19. 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 parties nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 20. GENERAL. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof, superseding all prior or other agreements or understandings relating thereto. This Agreement may not be modified except by the mutual written consent of both parties. Time is of the essence in the performance of the terms of this Agreement. IN WITNESS WHEREOF, the parties have entered into this Golf Course Pro Shop Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 8 CITY OF WATERLOO, IOWA ANDY DEVINE GOLF, INC. By. By- � rnest G. Clark, Mayor Timo Andy"Devine,President Attest* h s, City Clerk STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Signed before me on ��3 , by Timothy"Andy" Devine as President of Andy Devine Golf, Inc. PI $J'O�q N0 1591363 t_ Pry COfvt ssiOh P(pw',Es Notary Public STATE OF IOWA ) ss. BLACK HAWK COUNTY ) Signed before me on --fl 1 AO, by Ernest G. Clark and Suzy Schares as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. DeAnne Kobliskal/► COMMISSION o _ ON NO.763995 t Public s t MY COMMISSION EXPIRES 10WJAt 7_Z�= 9 GOLF COURSE PRO SHOP AGREEMENT This G if Course Pro Shop Agreement(the "Agreement") is made and entered into as of 26 ZC by and between the City of Waterloo, Iowa("City") and Nate Lubs Golf, Inc. ("Golf Pro"). In consideration of the mutual promises exchanged herein, City and Golf Pro agree as set forth below. 1. DEFINITIONS. Whenever used in this Agreement,these terms shall be defined as follows: Commission: Waterloo Leisure Services Commission Director: Waterloo Leisure Services Director Golf Course: Gates Park Golf Course Golf Season: Opening day through official closing as determined each calendar year by the Commission Pro Shop: Gates Park Golf Course Pro Shop 2. TERM OF AGREEMENT. This term of this Agreement shall commence on January 1, 2014, and continue until and including December 31, 2018, unless sooner terminated pursuant to this Agreement. 3. INDEPENDENT CONTRACTOR STATUS. The parties hereby acknowledge and agree that Golf Pro is an independent contractor and is not an employee, agent,partner, or joint venturer of City. Golf Pro has no power or authority to enter into contracts or agreements on behalf of City. City has in this Agreement determined the work to be done by Golf Pro, but Golf Pro shall determine the legal means by which it performs the work specified. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments it may make to Golf Pro under this Agreement. Neither Golf Pro nor any of its employees shall be entitled to receive any benefits that employees of City are entitled to receive and shall not be entitled to workers compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Golf Pro shall be solely responsible for compensating its employees. 4. ALTERNATE USE OF GOLF COURSE. City, acting through the Director, retains the right to designate golf courses for uses other than golf in order to maximize benefits to the public and provide community-wide service. With that in mind, the Director shall, with a minimum of fourteen(14) calendar days' notice to Golf Pro, designate any event to occur on the Golf Course that the Director deems necessary or proper for the public benefit or as a community-wide service. 5. PAYMENT BY GOLF PRO. In addition to other payments as set forth in the Agreement, Golf Pro shall pay City the sum of$17,000.00 each calendar year. Golf Pro may make said payment in installments no more than twelve (12) times per year, and in any event payment in full shall be made on or before December 31 each year. 6. CONCESSIONS AND SERVICES. A. Golf Pro shall be responsible for providing the general public with concession at the Golf Course during the Golf Season. "Concessions" shall include but not be limited to food, beverages, riding cart rentals, services, and merchandise. B. Golf Pro shall retain all income from sale of Concessions and golfing lessons and from the rental of lockers. C. Golf Pro must demonstrate and possess the ability and financial solvency to operate the Pro Shop and to fulfill all duties of Golf Pro as set forth in this Agreement. Toward this end, Golf Pro shall annually(on or before July I of each year) deliver the following documents or information to City: 1. A verified or certified financial statement that shows Golf Pro is not insolvent and has the ability to pay all debts as they come due. 2. In lieu of the statement required by paragraph 1, a written statement from Golf Pro's primary lender setting forth the existence and amount of any line of credit that Golf Pro has with such lender and verifying that Golf Pro is current on making all payments to the lender pursuant to such line of credit and other borrowing arrangements between them. City may, at any time and from time to time, review Golf Pro's financial records as they relate to Golf Pro's operations relating to the Golf Course. Such review shall be at City's sole expense. Golf Pro shall fully cooperate in such review. 7. COLLECTION OF GOLF FEES. City shall retain all revenue from green fees and the sale of season tickets, except as otherwise provided in this Agreement. Golf Pro shall collect daily green fees, season ticket fees, and miscellaneous revenue as required by the Director. Golf Pro shall follow all procedures set by the Director or the Director's designee for the collection and remittal of fees and for recordkeeping. 8. INCENTIVE PAYMENTS. City agrees to make to Golf Pro the incentive payments provided for in this Section 8. For purposes of this Section, the "Four Year Average" is the average of the number of regular 9-hole, regular 18-hole, or Monday/Tuesday/Wednesday half- price special, as applicable, daily fee rounds charged and collected in the four calendar years immediately preceding the year in which an incentive payment is to be made. All incentive payments shall be paid by City within 45 days after the last day of each Golf Season. 18-Hole Incentive. The incentive payment shall be an amount equal to $1.00 for each 18- hole daily fee round charged and collected in excess of the Four Year Average for 18-hole daily fee rounds charged and collected. 2 9-Hole Incentive. The incentive payment shall be an amount equal to $0.50 for each 9- hole daily fee round charged and collected in excess of the Four Year Average for 9-hole daily fee rounds charged and collected. Monday/Tuesday/Wednesday Half-Price Incentive. The incentive payment shall be an amount equal to $.25 for each Monday/Tuesday/Wednesday half-price special round charged and collected in excess of the Four Year Average for such rounds charged and collected. Special Promotions Incentive. In addition to the above incentives, Golf Pro and the Director or Director's designee may agree on terms for other incentives from time to time. 9. RESPONSIBILITIES OF THE CITY. In connection with the operation of the Pro Shop, City will be responsible for the following: A. Provide Golf Pro with such areas as are now existing in the Pro Shop building to be used for the purpose of providing Concessions and services. City reserves the right to increase or decrease the size of, or to alter any part of, the Pro Shop building. B. Make all ordinary or reasonable structural repairs required for maintenance and upkeep of the Pro Shop building. C. Furnish tables, chairs, counters, and supplies, such as scorecards,pencils, light bulbs, and any other furnishings as it deems necessary. City will also furnish toilet paper and necessary restroom cleaning supplies. D. Provide Golf Pro with the use of a storage building for motorized golf carts at the Golf Course. E. Golf Pro shall have first right to salvage all lost golf balls from any body of water within the boundaries of the Golf Course, and upon salvage all such balls shall be the sole property of Golf Pro. F. Regularly pick up garbage that Golf Pro places in an approved receptacle. G. Waive greens fees for one (1)tournament sponsored by the Golf Pro during each season through the 2017 season. Golf Pro must request prior approval of the tournament from City's Golf Manager. 10. RESPONSIBILITIES OF GOLF PRO. A. The parties acknowledge that Nate Lubs ("Pro Principal") is a key employee and principal of Golf Pro. The personal services that Pro Principal will provide in operation of the Pro Shop and Golf Course are a material inducement for City to enter this Agreement with Golf Pro, and the parties acknowledge that, without the services to be provided by Pro Principal 3 hereunder, City would not enter this Agreement with Golf Pro. Golf Pro agrees that it shall, at all times during the term of this Agreement, continue to employ Pro Principal as a key employee and officer of Golf Pro. In light of the foregoing, if Pro Principal ceases to be an active employee of Golf Pro for any reason, or if Pro Principal ceases to own a controlling interest in Golf Pro, then City may choose to terminate this Agreement as set forth in Section 16 below. B. Golf Pro shall keep accurate accounts of ticket sales and deposits, and assure conscientious and efficient service to the general public. Golf Pro shall provide a list of its employees to the Director at the beginning of each Golf Season and shall supplement such list anytime thereafter when employee changes are made. All such employees shall be hired and terminated at Golf Pro's discretion. Golf Pro agrees to make all decisions regarding the hiring or termination of employees in compliance with State and Federal laws requiring equal opportunity in employment without discrimination, segregation, or regard to an applicant's or employee's race, color, creed, religion, national origin, sex, sexual orientation, gender identity, age, or disability. C. Golf Pro shall keep the Pro Shop facility open and in operation during hours approved by the Director. Golf Pro shall, at the beginning of each Golf Season, and thereafter when any changes are proposed,provide the Director with a schedule of proposed hours when the Pro Shop will be open. D. Golf Pro shall make no alterations, affixations, or repairs to any part of the Pro Shop building or furnishings without first obtaining written approval of the Director. E. Golf Pro shall be responsible for the operation, care and cleaning of locker room facilities and restrooms in the Pro Shop building. Golf Pro shall be responsible for providing necessary cleaning supplies for all areas of the Pro Shop, except for the restrooms. F. Golf Pro shall be responsible for keeping the immediate area outside the Pro Shop free of litter and debris. G. Golf Pro shall be responsible for providing and maintaining all equipment necessary to operate a food and beverage concession and for providing the other services that Golf Pro is required to furnish pursuant to this Agreement. H. Golf Pro shall be responsible for providing and maintaining all golf carts. During each golf season from March through November, Golf Pro shall be responsible for supplying adequate numbers and types of golf carts to handle the golfing public's needs. I. Pro Principal shall be permitted reasonable time to participate in golf tournaments and other professional activities, including schools and seminars which are necessary to maintain and improve Golf Pro's professional status. 4 J. Golf Pro shall have the exclusive right to give golf lessons at the Golf Course. Golf Pro shall be solely responsible to set and collect fees for lessons. Golf Pro shall provide competent and high-level golf instruction for all groups and levels of players. Golf Pro understands and agrees that a solid developmental junior program is of the highest priority to City, and to that end shall make every effort to ensure the success of a junior program. However, Golf Pro shall allow area high school and college coaches to give instruction to their team members during team practices as authorized and scheduled by Commission staff. K. Golf Pro shall be responsible to comply, and to operate the Golf Course and Pro Shop in a manner that complies, with all applicable laws,rules, regulations and orders of federal, state or local governing authority. 11. UTILITIES. A. Golf Pro will pay City twenty-five percent (25%) of all costs for utilities, including but not limited to heat, lights, water, and local telephone service at the Pro Shop during the months of March through November and fifty percent (50%) of all such costs during the months of December through February. City shall invoice Golf Pro monthly for such costs, and Golf Pro shall remit payment to City within fourteen(14) days. B. Golf Pro shall be responsible for long distance calls made by it or its staff at the Pro Shop. Golf Pro may obtain expanded cable television service at its own expense. Golf Pro shall be responsible to pay for all inspection services provided by City. C. Golf Pro shall pay for all gasoline and/or electrical service necessary to operate and/or charge golf carts. Gasoline will be available through the Golf Course maintenance shop pumps and billed to Golf Pro on a monthly basis through the Commission office. Payment for gasoline will be due ten(10) days after mailing or delivery of the bill. Electrical service charges will be billed to Golf Pro through the Commission's local utility account (currently with MidAmerican Energy). Payment of electrical service charges will be due ten(10) days from mailing or delivery to Golf Pro. D. Golf Pro acknowledges that it has been fully apprised of City's Energy Audit Agreement with MidAmerican Energy, and Golf Pro agrees that it will fully cooperate with City and MidAmerican to keep Pro Shop energy efficient and consistent with City's Energy Audit Program. If Golf Pro fails to cooperate with this provision, Golf Pro shall be solely responsible to pay for all charges for utilities identified in paragraph A above. 12. INSURANCE AND BONDS. A. City will provide public liability, property damage and fire insurance coverages on the Pro Shop structure through its policies. 5 B. Golf Pro shall, at its own expense, procure and maintain insurance sufficient to meet the requirements of the Iowa worker's compensation laws. Golf Pro shall provide the Director with proof of coverage at the beginning of each Golf Season. C. Golf Pro shall, at its own expense,procure and maintain casualty and liability insurance with one or more responsible companies that are authorized to do business in the State of Iowa, in the annual aggregate amount of not less than Five Million Dollars ($5,000,000.00). At the beginning of each Golf Season, Golf Pro shall provide the Director and City's Insurance Coordinator with proof of such insurance coverage. D. The Commission and City shall be named as additional insureds on the insurance policies Golf Pro is required to maintain pursuant to this Section 12. Said insurance policies shall not be canceled or otherwise altered in any way without at least thirty(30) days' written notice delivered to the Director. Furthermore, Golf Pro agrees to indemnify, defend, and hold harmless the Commission and City from and against(1) all claim, demand, cause of action, liabilities, or damages of any type or nature, including but not limited to reasonable attorneys' fees and expenses,relating to or arising from any and all bodily injury to or death of any person or persons, or any and all damage to any property, occasioned by any act, omission, neglect, or wrong-doing of Golf Pro and/or its employees and/or(2) any and all claim, demand, cause of action, liabilities, or damages of any type or nature, including but not limited to reasonable attorneys' fees and expenses, relating to or arising from the existence of this Agreement, other than any claim, demand, cause of action, liabilities, or damages that one party hereto may have against the other for breach of the terms of this Agreement. E. Golf Pro shall, at its own expense, procure and maintain a fidelity bond in the minimum amount of$25,000 covering any loss or misuse of Golf Course monies due to any fraudulent or dishonest act on the part of Golf Pro or any of its employees. Golf Pro shall provide the Director with proof of same at the beginning of each Golf Season. 13. SUPERVISION AND COOPERATION. A. Golf Pro shall work with the Director or the Director's designee to promote and provide the most efficient service for the golfers of the community. B. Golf Pro shall work with the Director or the Director's designee to provide the highest quality Pro Shop services, Concessions,merchandise, and marketing. 14. PERFORMANCE REVIEW AND TERMINATION. City's objective with respect to the Golf Course and other courses under its ownership is to provide high quality golfing facilities and services to the general public and to provide value to taxpayers. To achieve this end, Golf Pro agrees to cooperate with City in good faith for evaluation and review of all aspects of Golf Course facilities and operations. Each calendar year during the term of this Agreement, either party shall have the right, exercisable without cause or reason, to terminate this Agreement by 6 giving written notice to the other parry no later than October 31 of such party's intent to terminate the Agreement as of the following December 31. 15. DISPUTE RESOLUTION. In the event either party claims that provisions of this Agreement have been breached by the other party, as an alternative to termination of this Agreement as set forth in Section 14 above, the party may request a conference by delivering written notice to the other party. The written notice shall detail the violations alleged. A conference between the Director and Golf Pro will be arranged within ten (10) days of the date of notice, or such later date as the parties may consent to in writing, and the parties shall in good faith make every reasonable effort to reach an amicable solution. If the parties do not reach a mutually satisfactory resolution of the dispute, they may exercise any remedies available to them under this Agreement and/or applicable law. 16. TERMINATION FOR CAUSE. A. In addition to the election to terminate this Agreement as provided in Section 14 above,this Agreement may be terminated for cause by the Director upon the occurrence of any of the following events (each an "Event of Default"): 1. Death or incapacitating physical or mental disability of Pro Principal, his termination from employment by Golf Pro, or his sale of a controlling interest of the issued and outstanding stock of Golf Pro; 2. Dishonesty or other conduct detrimental to the best interests of the Commission or City by Golf Pro or its principal officers; 3. Continuing inattention to or neglect of duties by Golf Pro or its principal officers; 4. Insolvency or bankruptcy of Golf Pro; 5. Illegal conduct of Golf Pro or its principal officers; 6. Insolvency of Golf Pro or Golf Pro's failure to deliver the documents required under Section 6.0 above; 7. Failure of Golf Pro to maintain the insurance or bonds required under Section 12 above; or 8. The breach by Golf Pro of any other material term of this Agreement. Termination may be immediate or upon advance notice, in the sole discretion of the Director. Waiver of any default shall not constitute or be construed as a waiver of any other or subsequent default. Director shall not be deemed to have waived the right to terminate for any given Event of Default until ninety(90) days have elapsed after the occurrence of such Event of Default. B. Upon termination of the Agreement under this section, Golf Pro shall, within thirty (30) days, surrender to City possession of all buildings and furnishings in reasonable condition, subject to ordinary wear and tear. Within said period, Golf Pro shall remove all personal property belonging to it, or its affiliates, agents or permittees. Any personal property of Golf Pro or other persons that remains upon the premises after said 30-day period shall be deemed abandoned and 7 shall become the property of City, and City may use, retain or dispose of said property in any manner it deems fit without incurring liability therefor to Golf Pro or any other person. 17. TRANSFER OR ASSIGNMENT. Golf Pro shall not transfer or assign this Agreement or sublet the privileges or premises without the prior written consent of City. This Agreement shall be binding upon and inure to the benefit of the parties and the respective personal representatives, successors, and assigns of each. 18. NO LEASE. The parties acknowledge and agree that this Agreement does not constitute a lease by Golf Pro of the Pro Shop, Golf Course, or any other real property owned by City, nor is this Agreement to be construed as a lease or rental agreement. The rights granted to Golf Pro hereunder are personal and contractual in nature. 19. 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 parties nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 20. GENERAL. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof, superseding all prior or other agreements or understandings relating thereto. This Agreement may not be modified except by the mutual written consent of both parties. Time is of the essence in the performance of the terms of this Agreement. IN WITNESS WHEREOF, the parties have entered into this Golf Course Pro Shop Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 8 CITY OF WATERLOO, IOWA NATE LUBS GOLF, INC. By: ' By: Ernest -- Ernest G. Clark, Mayor Nathaniel L. Lubs, President Attest:(��'f 11 -1 Suzy Schar s, City Clerk STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) This record was acknowledged before me on - — r by Nathaniel L. Lubs as President of Nate Lubs Golf, Inc. 1t ;�, ; cor��IssloN No. lSsass r rvr cor�r�lsslor�IXPIRES Notary Public STATE OF IOWA ) ss. BLACK HAWK COUNTY ) This record was acknowledged before me on f `` L Z"2"�by Ernest G. Clark and Suzy Scha res as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. oei e` MSNObilSka 10 COMMISISSIOIONNO.763995 o r a MY COMMISSION EXPIRES Ot Public L 9 1 i Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-977 RESOLUTION APPROVING DEVELOPMENT AGREEMENT WITH R & S COMMERCIAL LLC AND R & S RENTAL LLC (SJ CONSTRUCTION) 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 Development Agreement dated November 25, 2013, for the sale of City-owned land located at East 9th and Sycamore Streets for $1 . 00, plus up to $2, 000 . 00 in closing costs, for the relocation and expansion of SJ Construction and the potential relocation of a home on the block, by and between R & S Commercial LLC and R & S Rental 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 25th day of November, 2013 . Er est G. Clark, Mayor ATTEST: SuzySc ares, CMC City Cl rk a CITY OF WATERLOO , IOWA CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry Street • Waterloo,!A 50703 • (319)291-4323 Fax(319)291-4571 • SUZY SCHA-RES City Clerk ivIICHELLE WEIDNER,CPA Chief Financial Officer I Mayor BUCK CLARK Council Communication City Council Meeting: November 25, 2013 COUNCIL Prepared: November 20, 2013 MEMBERS Dept. Head Signature: YZ,� DAVID Number of Attachments: 1 JONES i,Vard I CAROLYN SUBJECT: Resolution approving the City of Waterloo COLE Annual Financial Report for the Fiscal Year 97ard2 Ended June 30, 2013 HAROLD Submitted by: Michelle Weidner, Chief Financial Officer GETTY Ward 3 QIJENTINM. Recommended City Council Action: I request that the City Council approve KART the City of Waterloo Annual Financial Report for the Fiscal Year Ended June 30, >717ard4 2013 and authorize publication of the report and submission of the report to the State of Iowa. RON WELDER Summary Statement: The City Annual Financial Report format is similar to the Ward annual budget filing required by the state. Information in this report will be shared BOB with the office of the Iowa Auditor of State, the U.S. Bureau of the Census, GREENWOOD various public interest groups and other state and federal agencies. .4t-Large This report was prepared using a modified cash basis of accounting, which is the STEVE method that the City uses for budgeting. Additional information regarding the SCHMITT performance of city funds will be provided when the comprehensive annual At-Large financial report is completed. At this time, we expect that to be completed in mid- December. Expenditure Required: None Source of Funds- N/A Policy Issue: None Alternative: None Background Information: None CITY WEBSITE:www.cityoNuterlooiowa.coin WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Form F-66(IA-2) (5-8-2013) STATE OF IOWA 2013 FINANCIAL REPORT 16200701000000 FISCAL YEAR ENDED CHIEF FINANCIAL OFFICER JUNE 30,2013 715 MULBERRY STREET WATERLOO,IA 50703 CITY OF WATERLOO , IOWA DUE: December 1, 2013 (Please correct any error in name,address,and ZIP Code) Mary Mosiman,CPA • Auditor of State NOTE-The information supplied in this report will be shared by the Iowa State State Capitol Building Auditor's Office,the U.S.Census Bureau,various public interest groups,and State • Des Moines IA 50319-0004 and federal agencies. ALLFUNDS Item description Governmental Proprietary Total actual Budget (a) (b c d) Revenues and Other Financing Sources Taxes levied on property 40,275,404 40,275,404 40,620,062 Less:Uncollected property taxes-levy year 0 0 _ 0 Net current property taxes 40,275,404 40,275,404 40,620,062 Delinquent property taxes 18,966 18,966 0 TIF revenues 6,525,669 6,525,669 6,504,881 Other city taxes 14,746,096 0 14,746 096 14,644,298 Licenses and permits 1,114,706 400 1,115,106 1,118,683 Use of money and property 1,415,186 31 877 1,447 063 1,273 526 Intergovernmental 29,522,651 382,981 29,905,632 45,975,504 Charges for fees and service 6,546,206 16,251,287 22,797,493 23,015,140 Special assessments 232,389 0 232,389 187.651 Miscellaneous 9,474,199 18,003 9,492 202 8,164,559 Other financing sources 29,985,718 6,700,000 36,685 718 37,769,830 Total revenues and other sources 139,857,190 23,384,548 163,241,738 179,274,134 Expenditures and Other Financing Uses Public safety 30 280,445 0 30,280,445 30,799 881 Publicworks 22,825,295 0 22,825,295 26,634515 Health and social services 374,944 0 374,944 419,9381 Culture and recreation 9,037 858 0 9,037 858 9,492,232 Community and economic development 12,914,619 0 12 914,619 14,580,010 General government 5,044 904 0 5,044,904 5,713 183 Debt service 21,330,453 0 21,330,453 26,665,188 Capital projects 18,890,389 0 18,890 389 39,305,695 Total governmental activities expenditures 120,698,907 0 120,698,907 153,610,642 Business type activities 0 18,154,742 18,154,742 20,800,983 Total ALL expenditures 120,698,907 18,154,742 138,853,649 174,411,625 Other financing uses including transfers out 13,500,856 3,883,500 17,384 356 18,484,130 Total ALL expenditures/And other financing uses 134,199,763 22,038,242 156 238,005 192,895,755 Excess revenues and other sources over (Under)Expenditures/And other financing uses 5,657,427 1 1.346.3061 7,003,733 -13,621,621 Beginning fund balance July 1 2012 54 822,240 23 906 068 78 728,308 78,728 308 Ending fund balance June 30,2013 60,479,667 25,252,374 135,732,041 65,106,687 Note-These balances do not include $ held in non-budgeted internal service funds;$ held in Pension Trust Funds; $ held in Private Purpose Trust funds and $ 15,724 held in agency funds which were not budgeted and are not available for city operations. Indebtedness at June 30 2013 Amount-Omit cents Indebtedness at June 30,2013 Amount-Omit cents General obligation debt $ 90,385,320 Other long-term debt $ 0 Revenue debt $ 4,585,000 Short-term debt $ 0 TIF Revenue debt $ 2040569 obligation............ at on debt limit $ 186,978,860 CERTIFICATION THE FOREGOING REPORT IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF Signature of city clerk Date Published/Posted Mark(x)one ® Uate Published Uste Posted Printed name of city clerk Area Code Number Extension Suzy Schares,CMC,City Clerk Telephone —► 319 291-4323 Signature of Mayor or other City official(Name and Title) Date signed PLEASE PUBLISH THIS PAGE ONLY I C p N M V (O CD I� W °>O N M V N (D 1� 0 m O N M V l0(D I� 0 m 0 N J Z N N N N N N N N N N M Q m J V O V wOm 000N N00(O w 0000M 0N N 0 0 0 N x J Q vi O O(D 1- (C) V O) 1- r0 O) O NM CO '.'Ln Lo N _ V V m M CO m M 7 O O O r m O V N O Z O O v 0 N cc) 0 m O N 1� m CD (O M M 1- d d 0 0 0 M 0�.� N N �N (f) (r0 m N ^N N� :NN ���N N O 11 t Z E O v V VO V 0 m V M N (O C7 LOy tl) U N Q Z O -0p (O(OOOmmm m OOO m00 mO p O O O M co O N N f NCO LO LO Z9 U FF H F-H0L) F- F- '.'O Z) m0] 0]mm cOo L ®d O O N r 0 0 6 V CKocO O N M M co co 0 Q co L co O Od. 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O M O a` c m o a�co E U 7 Q o a E ° >O J .. .I LLa) C E IL tl1 m O m m U U Z LU O W Q °' c au U. > m 0 w m m h aQ C > d � m U d I � N n (6 W Z C m 7 N D W W T Q U (A LL K ° LL N O O 7 U @ Z c W a Z o F O O LL o_ j c _ c y ~ N O N N a) m C o C C C a) C.o C C m U E 7 E E E ° a) m a> > o w m m _ o ¢ _l U n o_ E E E m E E E U E 0 E E E w 7 I J c'S a.? a I .a n,a o.a ° m d m ami c-.a' o c Q o u '� S o l - 7 o C.O N p N m O o N C m m o m C m N N N N o- Q N O m cl C N 0.�C (6 c C aC (6 c o"D N "O O_7o N y m N m (D m o m m m m m `a, m m m c m m O c m c W a `o a -o a a� a U'o n a -o --o U c m Q 7 Z O N m m ° (6 f6 ° m O C C ° C C a) C -C N'O ti c m— ° C o 0 0 0 m O o a)0 0 J O O 0 o C O o m p C C C C O C C = w m m 3 m ' m U o ' _ o 0 o 0 0 o a`o.-o o U o o I; a. o w vmi N 7 m N o 7 y v N O m w m a) o m i( I m m U m _ I m 2 U m 2 J 7 L U N 7 J N J N L_ N yj U w U O C-c c E " v I c` NUL N m L N I L NUL m L L m m J d 4 �dUm C.- C C I C(� i C i I N> m U N L N .l �dU cdU�aU ccLUCOJUwdU �dU 7 of 7 c� 0 3 7 0 3 N o g aU a s NacU aU ink <n w m o ° m o o U Q J (n C_ O CD m O NNOM i� DD.O_�_N_M V l0(O I� ao an OZ O O)O O O O00 0 N N N NN N N N N N M c`7 04mMM(DN N NN N N N N N N N N N N N N N N N N N N N N N N N N N N N N N UJ N 1� W m 0.- 0 0 N M 10 W r W O) O N M r V [t V V(O(O l0 tD (O (O lD N to (D (O (O(D(O (D ¢ J Z N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N m (D O W O Nr V (p Q D OZ �� n ((O INm co O N O D) MU)M U O0 O U ~ � an -:C M W M N O o]Q)Oi N N O M O C W ((7 CO W V lal Z E Q, O a) V M N (D V (D I- V N I�m ON �� M �- O O cororo w Z U W 0 i Z m ® (D qCN O CO- r .' N O V 04 :! O w c0 m V V M M 00 00 M M O R W W N N O O u7 (O O .0 o0 00 O .'N N N LL O W W CO co N ':'(D(D I�:. 0_ N� O NMOL (�O - N o O N CO t` N O 01 M(O (D V O C QUI 0 .'co V O D) (D (O N D)O) T D). D O 00 (O ':O V (� (� V (�D r V V co Qq v (O (D rn ® O O O O O O C N C CL U V O V 0 r cc D)00 00 N N N :: O U) LO(D O W D) m^ O n N O V co(MO (MO(OD.. O O O W ..;W N �' �- N U U O O 000 W O p O N Z o 0 M N : N N W N M Cl) O Q1 O O O W M M co co co O (O CN cc U O M M I� W LL C O r : N N O p,C U N N N (D M M N dLL N N ::'N 00'. V LO N N V .0 O O C V N O) O(0 V '.V M co M N D)O V V V f� ...N N O N M W M :'M M U � M Oi T U) (v O M O M to OC) m p (O O (n N O N Ln O O M O r ::'M N M� p M O � �" 0 W R' Q } J (n W N to Yn N 0 o m Z ? z a U o U M c w rn n Z c w j ► J D a N� U Z h C7 y d Z c lL N v co FW- a U) c O a o. i is ,� F' -: o y U) 7 M LL vui U Q o u ami > > m y w a ¢ o U E W o Z Z (`a(q O Lo a) '0 4. I W to Z �, Z ¢ ._. _ z w c v . a y U @ :(jj n.a ? Z o d a K O d c Z H I o U? U) u c E w W z CD LU rm o m � - a � � d y W I- mw ww m ac - y m N (D x a O = m I .c r o a m m W I K m m O x m Z (D S.- W m X _ y ` m - N N E J J c W v. C C 6` C A W C O C o a M W J J O:.:. w 0 to E O)y o �'O O O O c c c F- .. c LL d < a E c w E L a U w w w_ O O o q Z c ~O O c d Z w U Q m y fn O ~ ~ ~ h C O O C c C O I�000O NM V (D(O i� 00 O) O� N co V' Lo co IM co O O NM V l0(ON WM M M V[f N V V V R V V 'V (O(o (O (n (D tD tD(n(f) N W W O O O (O (ON N N N N NN N N N N N N N N N N N N N NN N N N N A ' INTERGOVERNMENTAL EXPENDITURES CITY OF WATERLOO Please report below expenditures made to the State or to other local governments on a reimbursement or cost sharing basis. Include these expenditures in part II. Enter amount,omit cents. Purpose M,'. o other ments Purpose Amount paid Cortection............... to St. te Health.................... 107679 Highways........L44$ Highways................ Alt other......... L89 Transit subsidies...... 1348834 Libranes-............... 57494 Police protection...... 204474 Sewerage............... Sanitation......_....... All other.................. 1 585 913 SALARIES AND WAGES Report here the total salaries and wages paid to all employees of your government before deductions of social security, retirement,etc.Include also salaries and wages paid to employees of any utility owned and operated by your government, as well as salaries and wages of municipal employees charged to construction projects. Amount-Omit cents Total salaries and we as aid.......................................................... $ ............................................ Z00 31 703 709 DEBT OUTSTANDING,ISSUED,AND RETIRED A Long-term debt Deb( Debt during the fiscal year Debt Outstanding JUNE 30,2013 outstanding JULY 1, Issued RetiretlInterest Paid Purpose 2012 General TIF Revenue Other obligation revenue this year e D d e 19U 29U 3gU c 49U h i. Water utility $ 1805000$ 49U 49U 49U 191 18U 29U $ 335 000$ $ It 1,470 000$ $ 70,653 EMortgage tilil 4700000 3gU 1,58500049U 49U 49U 49U 189 29U Electric alit 19U 39U 49U 49U 49U 3115000 1�1 74,882 19U 29U 39U 49U 49U 49U lt I93 igU 29U S. bus 39U 49U 49U 49U 194 al 19T 24T e 34T 44T 44T 189 e 19T 24T revenue 34T 44T 44T 189 19U 29U $. TIF revenue 1,755,96a 499,126 38U 214,524 48U 49U 49U 49U 189 Other-Specify 19U 29U 2,040 569 39U 49U 97953 9. Cor purpose 49U 49U 49U 189 88 790,000 19035 000 18 185 000 89,640,1300 Capital Loan 19U 29U 39U 49U 2,841,470 10.Notes 280 000 40,000 240 000 49U 49U 49U 189 HUD 19U 28U 38U 49U 49U 16,038 11. 295,144 66,831 228,313 49U 49U 189 IDED 19U 29U 39U q9U 23820 12. 60,083 195,348 255430 49U 49U 49U 189 Employees 19U 28U 39U 49U 13. 33 911 12 334 21,577 49U 49U 49U 189 14. 19U 28U 39U 49U 49U 49U 879 49U 189 Total long-term debt 97 720104 19,729 474 20,438,889 90,385,320 2 040 569 B.Short-term debt4 585 000 0 3128 495 Amount-Omit cents Outstanding as of JULY 1, 2012 s$ $ D Outstandin as of JUNE 30,2013 64V DEBT LIMITATION FOR GENERAL OBLIGATION BONDS $ 0 Click to visit pOM Valurtion WE6SITE. M.VAL BY INDIVIDUAL LEW AUTHORITY Amount-Omit cents Actual valuation T Janus 1,2011 $ 3 739 577 201 x.O5=$ 186 978 880 AS A D INVESTMENT ASSETS AS OF JUNE 30,2013 Amount-Omit cents Type of asset Bond and Bond construction PensioNretirement all other funds TOtel Interest funds funds funds funds e b c d Cash and investments-Include e cash on hand, CD's,time, checking and savings deposits, Federal securities,Federal agency securities, State and local government securities,and all Other securities. Exclude value of W01 W31 real roe W61 P P rty. $ 1,981257 $ REMARKS 30,755,951 2,277605 il equal total funtl balanceBS 458 888is report is prepared using a modified cash basis(budgetary basis)and therefore,total cash and investments shown above i f$85,458,818 dfor all funds as reported an page one. oes FORM F-96(0-2)(5-94013) - Pepe l3 STATE OF IOWA, } I do solemnly swear that the annexed copy of legal City of Waterloo Annual Financial Report Black Hawk County, SS Notice was published in the Waterloo-Cedar Falls Courier, a daily newspaper printed in Waterloo, Black n throughout the state.The Hawk County, Iowa, once commencing on the 27th committee brought recom- tothe d f thy discu.0 members anday of November, 2013 in the name of said ssion motion wa' ne'second115 School Ca: 1620070l000M newspaper, and that the annexed rate of advertised is Iude1109 hours within a 18C CHIEF FINANCIAL OFFIGFJt. 'rk.Motion carried:5-0. the regular legal rate of said news1� paer, and that the de by Gamerdinger,second .715 MULBERRYSTREET Y Y approve the SIAC Commit- WATERLOO,IA.54743 following is a correct bill for publishing said notice. in the filing of an applica- TLC Program to begin with school year. Motion carried: (PAM"otr •1a+ri'smxMmeme . )wns, Gamerdinger, Nagel, rte' Zo°v®/ s:1-Marquart. OTE- Ti81r 1e by Downs, second b 8bfna4ai51r'p�so-W"armrt+'Anbe tw areist" YMitms c".the U'S Census Slow,ruroas Mr.wts"Ovules,.,d st,a Printer's T� pe the following indi-w adealagenae& ri:? er'S Bill, Q i 36.00 lacemement on the"Site Based imittee';Mr.Justin Urbanek, ALL FUNQB amsey,Mr.David Hlas, Mr. on.If plan is approved Me-ooveminsntat Prop ata 5-0 .. ry Total actual Budget. ent Stanton recognized b c d axis Donlon and Brian Brun yj ers)unexpressed Educationcern for 44,275.4!14 44275,4b4 ars expressed a concern for q 4R624.g83 of.9 contract time a district 44,275.404 0 q :acfier has to complete the 40,275,404 4p, D82 testing/paperwork require 1$ 18,856 p tots based on an increase i 6.525689 1 Signed rollment. 74 7480% S 528,659 8,544 881 1e by Downs, second by 11147!#8 0 14,746;496 14.8442.8 'Prove the recommendation 444 1,115.186 1•.118,683 erton Education Associatio 1,415.186 31.877 1x47,463 1,273 528 'reschool teaching contract 28.522.651 362981 2.3m8632 45.278.544 Ms.Jennifer Marquart from 6546.Ep8. 18251,287 227.7493 23of5,144 2—c?TE -14ascontract f°'theremain- 232,369 Subscribed and sworn to before me this 2013-14 school year. Ayes: 4 232.389 187,651 limp; Nays:Gamerdinger& 8.474,149 18003 9482,202 .8.,184.559 ained: Marquart. Motio 29,985.718 6,700000 386$5718 37788,830 de by Gamerdinger, sec-, - '133,857190 73384548 163241.738 979.274,134 Day of /mm/-,C-( A.D., 20 -3 el to approve the Volunteer >quest of Mr.Kyle Kuenstlin 30.2804x5 Basketball. Motion carried- 22 0 30284445 30.799.8$1 LUEM 825 295 0 22,825,295 26 634 515 ./,/ ,(/�// 'e1 AL•p de by Nagel, second b 374 944 q 374,944 419938 `%'"�✓� COMMISSION NO.781 ON v 9417,859 9437s5e .,492,212 • " MY COMMMSION EMM !prove the hiring of Ms.Jen- s a l to 1Para-educator a 12,914,818 4 12914619 14584070 J not to exceed 30 hrs.per 5.044,9040 n carried:5-0. 334453 3305044.44 5.713,183 Notary Public Je by Nagel, second 6 21, ,453 26 SW lea hange Board Policy 705.1 Y 2t 18'890'389 0 0 18.890,38. Ids to stay in alignment with 39.305.895 i law.Motion carried:5-0. 120,696907 0 120898 le by Gamerdinger, second 947 153.51.0842 Received of 12 quest an additional$3,601 0 18154742 18154742 20800983 0 3RC for Open Enrolled out ,699;907 18,154.742 138,653,84. 179,411,525 2013 but not OE out in 2012. 13.600 388 Soo 17384566 1848 4.134 ed:5-0. :a by Gager, second – to-apply for MAG/Dropout 22038242 - 456,23.005 192,895,756 or 2014-15 year. District is 09,842;$14,661 from State the sum of 64,961 from district 2014-15 5557,427 1 itioncarried:5-0. 7,403733 -13621621 reminded members it is time 54 ` CSBd.representativetothe 23908468 76.728308 78728308 County Conference Board Dollars. :oming year. Bd. member 60:479.867 25252374 85,732 rdinger volunteered for the 043 65105687 informed Bd.members that heldin nen-budgeted iinternai service funds;$ s was named gold/ hard in Private Pu Trust tenyl8 and$ In full for publication of the above notice. 'chaneo r by the Dept.of Edu-are not available for city operas°ns. 15,724 rforme Laving all state and federal ----, mitted on time and with ac-.amt-4raac" indebtedness at June 30 2013 Ampynt-4m6t Cents id Receive Visitors and Visi- 90385320 Other ion term debt its 4 eacher Shelley Wach of 229 4585044 Short-term debt -lk Run His.asked to be rec- $ q .he wanted to acknowledge 2 040 569 'hank You"to the Dunkerton fantastic work they do for the aff and the community Their'�� Genast obH Orion debt tao se aw !raiser raised over $6,2001TIRC,aTiOw / ' district causes and they are GT TO THE BEST OF MY KPtpWLEDt>E AMD BELIEF ing for way to assist district - - •�•Dake Publ(sha4tPoaiop'-"M.rk 4x14.)ane de by Downs,'second by M owe wee djourn at 9:29 p.m. Motion Det�wwtma Arca Cada Winter Eilension gular meeting of the Dunker- " 319 if Education is scheduled for ball?siggned323 camber 16,2013 at 7:00 p.m. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-978 RESOLUTION APPROVING THE CITY OF WATERLOO ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2013 AND AUTHORIZING SUBMITTAL TO THE AUDITOR OF THE STATE OF IOWA. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the Annual Financial Report of the City of Waterloo, Iowa for Fiscal Year Ended June 30, 2013, as required by Iowa Code 384 . 22, be and the same is hereby approved. BE IT FURTHER RESOLVED that the City Clerk be and the same hereby directed to publish and transmit said report to the Auditor of the State of Iowa. PASSED AND ADOPTED this 25th day of November, 2013 . —znt� �� Y�zz Ernest G. Clark, Mayor ATTEST: 4SuzySs, CMC y ,II i I I I i I CITY OF WATERLOO , IOWA CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry Street • Waterloo,IA 50703 • (319)291-4323 Fax(319)291-4571 SUZY SCHARES • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer Mayor BUCK CLARK Council Communication City Council Meeting: November 25, 2013 COUNCIL Prepared: November 21, 2013 MEMBERS Dept. Head Signature: .............. "1?� Number of Attachments: None DAVID JONES Wards SUBJECT: Techworks/Green CAROLYN Submitted by: Michelle Weidner, Chief Financial Officer COLE Ward 2 HAROLD Recommended City Council Action: GETTY Ward 3 Resolution to fix the date of hearing as December 16, 2013 on the issuance of QiJENTIlV M. not to exceed $3,500,000 General Obligation Urban Renewal Bonds. HART Summary Statement: Set date of hearing for the first bond issuance for the Ward Green project as outlined in the previously approved development agreement. RON We are planning to sell bonds in two pieces for the project, with the first issue to WELPER be sold this winter.The proceeds will be used for site improvements. Ward S Expenditure Required: $3,500,000 BOB GREENWOOD Source of Funds: Repayment will be made from tax increment in the At-Large Downtown Tax Increment Financing District. STEVE SCHMITT Policy Issue: The issuance of bonds commits the city to future At-Large repayment. Alternative: The City could choose not to sell bonds. The developer would have to find other sources of financing, which would result in a delay of the project implementation. Background Information: CITY WEBSITE: www.cityofw-aterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1425564 NOTICE OF MEETING OF THE CITY COUNC notice was published in the WATERLOO/CEDAR FALLS COURIER a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencingon 12/06/2013 , in the_ issues of 12/06/2013 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer' s Bill $25 . 91 NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF WATERLOO,STATE OF IOWA,ON THE MATTI R OF THE PROPOSED J ISSUANCE OF NOT TO EXCEED ` $3,500,000 GENERAL OBLIGATION I URBAN RENEWAL BONDS,OF THE CITY,AND THE HEARING ON THE Signe ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Waterloo, State of Iowa,will hold a public hearing on the 16th day of December,2013,at 5:30 o'clock P.M.,in the Council Cham- Subscribed and sworn to before me this bers,City Hall,715Mulberry Street,Wa- terloo,Iowa,at which meeting the Coun- cil proposes to take additional action for day of l e f D ry►„t �jf&,J j the issuance of not to exceed$3,500,000 t�C L l Yv�` r General Obligation Urban Renewal Bonds,of the City,in order to provide funds to pay costs of aiding in the plan- TA�Y� ning,undertaking and carrying out of c�a��c iL,G_IEE urban renewal projects under the author- ity of Chapter 403 and the Downtown . MMISSION Nd•78 A 1W6 Urban Renewal and Redevelopment MYCOMGi61S.$!ON DIMES Plan,as amended,including funding a grant pursuant to the Amended and Re- Notary Public °�' stated Development Agreement be- tween the City and Cedar Valley Tech Works,Inc.and FDP WTC,LLC. At any time before the date of the meet- ing,a petition,asking that the question of Received Of issuing such bonds be submitted to the legal voters of the City,may be filed with the Clerk of the City,in the manner pro- vided by Section 362.4 of the City Code the sum of Dollars of Also Also,,at the above meeting the Council in full for ublication Of the above invoice . shall receive oral or written objections P from any resident or property owner of the City,to the above action.After all ob- jections or petitions asking that the prop- osition be submitted to an election have the Notary Seal : been received and ti considered, will at this meeting or at an ad- journment thereof,take additional action for the issuance of bonds or will take such other action as it may deem appropriate. This Notice is given by order of the Coun- cil of the City of Waterloo,State of Iowa, as provided by Chapters 384 and 403 of the Code of Iowa. Dated this 25th day of November,2013. Suzy Schares City Clerk (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of the City of Waterloo, State of Iowa. Date of Meeting: November 25, 2013. Time of Meeting: 5:30 o'clock P.M. Place of Meeting: Council Chambers, City Hall, 715 Mulberry Street, 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 the meeting is as follows: Not To Exceed $3,500,000 General Obligation Urban Renewal Bonds. Resolution fixing date for a meeting on the proposition to issue. Such additional matters as are set forth on the additional 10 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 the governmental body. Suzy Sqhre—sC—ity Clerk November 25, 2013 The City Council of the City of Waterloo, State of Iowa, met in regular session, in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at 5:30 o'clock P.M., on the above date. There were present Mayor Ernest G. Clark, in the chair, and the following named Council Members: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart Absent: None - 1 - Council Member Greenwood introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $3,500,000 GENERAL OBLIGATION URBAN RENEWAL BONDS (FOR ESSENTIAL CORPORATE URBAN RENEWAL PURPOSES) OF THE CITY OF WATERLOO, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Schmitt seconded the motion to adopt. The roll was called and the vote was, AYES: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION NO. 2013-979 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $3,500,000 GENERAL OBLIGATION URBAN RENEWAL BONDS (FOR ESSENTIAL CORPORATE URBAN RENEWAL PURPOSES) OF THE CITY OF WATERLOO, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, by Ordinance No. 2723, adopted on December 23, 1974, this Council found and determined that certain areas located within the City are eligible and should be designated as an urban renewal area containing blight conditions under Iowa law, and approved and adopted the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan of the City of Waterloo, Iowa (the "Plan") for the Urban Renewal Area described as follows: Beginning at a point at the intersection of Franklin and East Seventh Streets, thence Southwesterly along Seventh Street to the alley between Jefferson and Bluff Streets, thence Northwesterly along said alley to West Third Street, thence Northeasterly along West Third Street to Franklin Street, thence Southeasterly on Franklin Street to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa - 2 - WHEREAS, by Resolution No. 1996-804, dated December 16, 1996, this Council adopted Amendment No. 1 to the Plan, the purpose of which is to set forth and include within the Plan additional land, described as follows: Bounded by Southbound Washington Street, West 12th Street, Cedar River, 1 Ith Street, Sycamore Street, East 7th Street, Franklin Street, East 3rd Street, Sycamore Street, Fairview Avenue, Conger Street, River Road, Black Hawk Creek to Southbound Washington Street WHEREAS, by Resolution No. 2001-394, dated August 6, 2001, this Council adopted Amendment No. 2 to the Plan, the purpose of which was to set forth and included within the Plan additional land, described as follows: Bounded by Southbound Washington Street, West 12th Street, Cedar River, l Ith Street, Sycamore Street, East 7th Street, Franklin Street, East 3rd Street, Sycamore Street, Fairview Avenue, Conger Street, River Road, Black Hawk Creek to Southbound Washington Street and incorporates a number of potential incentives including a property tax rebate program and other incentives; and WHEREAS, by Resolution No. 2003-225, dated April 7, 2003, this Council approved Amendment No. 3 to the Plan, the purpose of which was to set forth and included within the Plan additional land, described as follows: Bounded by Southbound Washington Street, West 4th Street, South Street, West 2nd Street to Southbound Washington Street and affirmed the prior blight findings, included the need for industrial and commercial expansion as an economic development area under the Iowa Code, and incorporated new urban renewal projects, including the Cedar River Dam project and the Grout Museum Project; and WHEREAS, by Resolution No. 2011-1109, dated December 5, 2011, this Council approved Amendment No. 4 to the Plan, the purpose of which is to set forth and include within the Plan additional land, described as follows: - 3 - Beginning at the point where the centerline of West Conger Street intersects the centerline of relocated Ansborough Avenue (said point also being the intersection with the centerlines of River Road and Westfield Avenue), thence Westerly along the centerline of relocated Ansborough Avenue to its intersection with the West line of Courier Street, thence South along the West lien of Courier Street, and an extension thereof, to the centerline of the Canadian National/Illinois Central Railroad spur line, thence Southwesterly along the centerline of said Railroad to the centerline of West Washington Street (also known as U.S. Highway 218), thence Southeasterly along the centerline of West Washington Street to the centerline of Vaughn Street, then Northeasterly along the centerline of Vaughn Street to the centerline of Westfield Avenue, thence Southeasterly along the centerline of Westfield Avenue to its intersection with the East bank of Black Hawk Creek, thence Northerly along the Easterly bank of Black Hawk Creek to the centerline of River Road, thence Northwesterly and Westerly along the centerline of River Road to the point of beginning and affirmed the prior blight and economic development findings, and expanded urban renewal projects enumerated therein, including the Cedar Valley Tech Works Campus and public infrastructure projects; and WHEREAS, the City of Waterloo, State of Iowa, is in need of funds to carry out a project as hereinafter described; and, it is deemed necessary that the City should issue General Obligation Urban Renewal Bonds, to the amount of not to exceed $3,500,000, as authorized by Sections 384.24(3)(q), 384.25 and 403.12, of the Code of Iowa, for the purpose of providing funds to pay costs thereof, and WHEREAS, before bonds may be issued, it is necessary to comply with the procedural requirements of Chapters 3 84 and 403 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA: Section 1. That this Council meet in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at 5:30 o'clock P.M., on the 16th day of December, 2013, for the purpose of taking action on the matter of the issuance of not to exceed $3,500,000 General Obligation Urban Renewal Bonds, the proceeds of which bonds will - 4 - be used to provide funds to pay costs of 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. Section 2. To the extent any of the projects or activities described in this resolution may be reasonably construed to be included in more than one classification under Division III of Chapter 384 of the Code of Iowa, the Council hereby elects the "essential corporate purpose" classification and procedure with respect to each such project or activity, pursuant to Section 3 84.2 8 of the Code of Iowa. Section 3. That the Clerk is hereby directed to cause at least one publication to be made of a notice of meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than ten nor more than twenty days before the date of public meeting on the issuance of the bonds. Section 4. The notice of the proposed action to issue bonds shall be in substantially the following form: - 5 - NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $3,500,000 GENERAL OBLIGATION URBAN RENEWAL BONDS, OF THE CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Waterloo, State of Iowa, will hold a public hearing on the 16th day of December, 2013, at 5:30 o'clock P.M., in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $3,500,000 General Obligation Urban Renewal Bonds, of the City, in order to provide funds to pay costs of 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. At any time before the date of the meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of the City, may be filed with the Clerk of the City, in the manner provided by Section 362.4 of the City Code of Iowa. Also, at the above meeting the Council shall receive oral or written objections from any resident or property owner of the City, to the above action. After all objections or petitions asking that the proposition be submitted to an election have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of bonds or will take such other action as it may deem appropriate. This Notice is given by order of the Council of the City of Waterloo, State of Iowa, as provided by Chapters 384 and 403 of the Code of Iowa. Dated this 25ffi day of November, 2013. Suzy Schar , City Clerk (End of Notice) - 6 - PASSED AND APPROVED this 25th day of November, 2013. i mest G. Clar , ayor ATTEST: Suzy Schar ,-City Clerk - 7 - 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 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 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 25h day of November, 2013. Suzy Scha es, City Clerk (SEAL) CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned, do hereby certify that I am now and was at the times hereinafter mentioned, the duly qualified and acting Clerk of the City of Waterloo, in the County of Black Hawk, State of Iowa, and that as such Clerk and by full authority from the Council of the City, I have caused a NOTICE OF PUBLIC HEARING (Not To Exceed $3,500,000 General Obligation Urban Renewal Bonds) of which the clipping annexed to the publisher's affidavit hereto attached is in words and figures a correct and complete copy, to be published as required by law in the "Waterloo Courier", a legal newspaper published at least once weekly, printed wholly in the English language, published regularly and mailed through the post office of current entry for more than two years and which has had for more than two years a bona fide paid circulation recognized by the postal laws of the United States, and has a general circulation in the City, and that the Notice was published in all of the issues thereof published and circulated on the following date: December 6, 2013. WITNESS my official signature at Waterloo, Iowa, this 25th day of November, 2013. uzy Scha es, City Clerk (SEAL) 00984427-1\1 1310-103 Y STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1425564 NOTICE OF MEETING OF THE CITY COUNC notice was published in the WATERLOO/CEDAR FALLS COURIER a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 12/06/2013 in the issues of 12/06/2013 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF Printer' s Bill $25 . 91 WATERLOO,STATE OF IOWA,ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $3,500,000 GENERAL OBLIGATION .� URBAN RENEWAL BONDS,OF.THE CITY,AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council.of the City of Waterloo, Signe State of Iowa,will hold a public hearing on the 16th day..of December,2013,at 5:30 o'clock P.M.,in the Council Cham- bers,City Hall,715 Mulberry Street,Wa- terloo, a-terloo,Iowa,at which meeting the Coun- cil proposes to take additional action for Subscribed and sworn to before me this the issuance of notto exceed$3,500,000 General Obligation Urban Renewal Bonds,of the City,in order to provide /{�}JI �A� r1.r7� funds to pay costs of aiding in the plan day of 7f�'�JYL � +.J renewal nrtkin and carrtheauthor- ityurban of Chapter 403 and the Downtown Urban Renewal and Redevelopment Plan,as amended,including funding a Q S'p4AL ip �E grant.pursuant to the Amended and Re c r stated Development Agreement be a _ CMMISSIO N-3.78;� tween the City and'Cedar Valley Tech L., Works,Inc.and FDP WTC,LLC. No t ar J PUb 1 1 C (� 1$ At any time before the date of the meet- ing,a petition,asking that the question of issuing such bonds be submitted to the legal voters of the City,may filed with the Clerk of the City,in the manner pro- vided by Section 362.4 of the City Code Received of of Iowa. Also,at the above meeting the Council shall receive oral or written objections from any resident or property owner of the sum of Dollars the City,to the above action,After all ob- jections or petitions asking that the prop- in full for publication of the above invoice. ositionbesubmitted toanelectignhave been received and considered,the Council will at this meeting or at any ad- journment thereof,take d-journmentthereof,take additional action for the issuance of bonds or will take such other action as it may deem Notary Seal : appropriate. .This Notice is given by order ofthe Coun- cil of the City of Waterloo,State of Iowa, as provided by.Chapters 384 and 403 of the Code of Iowa' Dated this 25th day of November,2013. Suzy Schares City Clerk (D ,� O cr O N CD :0 (D CD �! Ul Oro Gq ID10 s Cil O O C�i� �' to to v�si P7- ° o o CD � elf- �n rn RO O 0 A� A�• rOn f�D 0. yyo 'yd O rP o w CD w co� Coco O N m N 00 07 Cfl 00 N O 07 O �1 0o N -A --% Co m w -Phl O 4�, -� v O CO N O cn Co w Co �I � N O O w -A v C0 —J w 0o w v v w O v 00 CD � O tit N N O w O Cfl m � O w 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 Council Communication City Council Meeting:November 25, 2013 Mayor Prepared:November 20, 2013 BUCK Dept.Head Signature:_---_----------___ CLARK # of Attachments: COUNCIL SUBJECT:LURA application for tax exemptions for new construction of a two(2)story office MEMBERS building and a commercial granulator building located at 808 Dearborn Avenue. ................... DAVID Submitted by: Noel Anderson-Community Planning&Development Director JONES Ward 1 Recommended City Council Action: Resolution approving CURA application from A-Line EDS, Inc. for the construction of a new two (2) story office building and a CAROLYN commercial Granulator building located at 808 Dearborn Avenue, valued at$499,608 COLE Ward and $755,000., and authorize Mayor and City Clerk to execute said documents. HAROLD GETTY Summary Statement: The Planning, Programming, and Zoning Commission staff has Ward 3 reviewed this application and feels that these improvements qualify for exemptions from taxes on the actual value added to Residential property under the Consolidated Urban QUENTIN Revitalization Area Plan. HART Ward 4 RON ADDRESS WBLPER 8058 Dearborn Avenue, Waterloo, Iowa 50703 Ward 5 LEGAL DESCRIPTION BOB See attached GREENWOOD At-Large Expenditure Required:N/A STEVE SCHMITT Source of Funds:N/A At-Large Policy Issue: CURA-Infill Development Alternative:N/A Attachment(s) CC:Noel Anderson, Community Planning&Development Director Aric Schroeder, City Planner CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer For Office Use OnlyCTA Received by: • Staff to date stamp and make a ir0w'inti copy for applicant CONSOLIDATED URBAN REVITALIZATION AREA , 4 APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVI CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF T OF WATERLOO. The Consolidated Urban Revitalization Area(CURA)allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10%improvement to the value of the residential property. At least a 15%improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant,all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning &Development Department.) 3. This application must be filed with City prior to the I`working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Couptil. NAME: A-Line EDS,Inc. SIGNATURE• ADDRESS: 808 Dearborn Ave TELEPHONE: (319)232-3889 DATE: 10/10/13 A. What is the Address of the property being improved? _808 Dearborn Ave_-NEW OFFICE What is the Legal Description of the property?(May be available at County Recorder's Office on 2nd floor of the Courthouse)? Unplatted Wloo East Pt NE SE SEC 30-T 89 R 12 S 300 FT N 403.5 FT W 790 FT NE SE EXC W 90 F B. Indicate desired exemption schedule: (1 or 2) 1. One Hundred Percent(100%)exemption for three years on the actual value added by improvements; 2. X A partial exemption on the actual value added by improvements according to the following schedule: a. First Year----------80% d. Fourth Year-------50% g. Seventh Year------30% b. Second Year------70% e. Fifth Year---------40% h. Eighth Year--------30% c. Third Year---------60% f. Sixth Year---------40% i. Ninth Year---------20% j. Tenth Year---------20% C. What was the nature of the improvement(s)? New Office Builiding D. City of Waterloo Building and Inspections Department Information: BD-2012.09475 Date permit was issued:12/11/12 Total permit(s)valuation:$755,000 E. What was the cost of the improvement?_$755,000 F. Estimated or actual date of completion of these improvements?_10/1/13 G. If this is not a singe-family dwelling unit,which you own and reside in,will these improvements create a displacement of your tenants? Yes No CITY OF WATERLOO APPROVED DATED:-11 2 25 I RESOLUTION NO:." . 3 �' -7I'7 DENIED BLACK HAWK COUNTY ASSESSOR APPROVED DATED: Tami McFarland DENIED Black Hawk County Assessor Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. For Office Use Only �, ®!��I� ' On Received by: '• Staff to date stamp and make aj copy for applicant ^�' CONSOLIDATED URBAN REVITALIZATION AREA -11 APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS" �� CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THEftL(D F WATERLOO. The Consolidated Urban Revitalization Area(CURA)allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10%improvement to the value of the residential property. At least a 15%improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant,all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning &Development Department.) 3. This application must be filed with City prior to the I"working,day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Coun ill NAME: A-Line EDS,Inc. SIGNATURE: '] M ADDRESS: 808 Dearborn Ave TELEPHONE: (319)232-3889 DATE: 10/10/13 A. What is the Address of the property being improved? _808 Dearborn Ave_-GRANULATOR BUILDING What is the Legal Description of the property?(May be available at County Recorder's Office on 2°d floor of the Courthouse)? Unplatted Wloo East Pt NE SE SEC 30-T 89 R 12 S 300 FT N 403.5 FT W 790 FT NE SE EXC W 90 F B. Indicate desired exemption schedule: (1 or 2) 1. One Hundred Percent(100%)exemption for three years on the actual value added by improvements; 2. X A partial exemption on the actual value added by improvements according to the following schedule: a. First Year----------80% d. Fourth Year-------50% g. Seventh Year------30% b. Second Year------70% e. Fifth Year---------40% h. Eighth Year--------30% c. Third Year---------60% f. Sixth Year---------40% i. Ninth Year---------20% C. What was the nature of the improvement(s)? j. Tenth Year---------20% _Granulator Builiding D. City of Waterloo Building and Inspections Department Information: BD-2013.02225 Date permit was issued:2013 Total permit(s)valuation: $499,608 E. What was the cost of the improvement?_$499,608 F. Estimated or actual date of completion of these improvements?_10/1/13 G. If this is not a singe-family dwelling unit,which you own and reside in,will these improvements create a displacement of your tenants? Yes No CInnTY OF WATERLOO U APPROVED DATED: RESOLUTION NO:"/y DENIED BLACK HAWK COUNTY ASSESSOR APPROVED DATED: Tami McFarland DENIED Black Hawk County Assessor Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. For Office Use OnlyJ'N'tVC CQ Received by: ,�� Staff to date stamp and make a _J copy for applicant a pCT 1 •1 L(y13 CONSOLIDATED URBAN REVITALIZATION AREA 00 � APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISi� �� CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF TItl OF WATERLOO. The Consolidated Urban Revitalization Area(CURA)allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10%improvement to the value of the residential property. At least a 15%improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant,all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning &Development Department.) 3. This application must be filed with City prior to the I"working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Co il. NAME: A-Line EDS,Inc. SIGNATURE• ADDRESS: 808 Dearborn Ave TELEPHONE: (319)232-3889 DATE: 10/10/13 A. What is the Address of the property being improved? _808 Dearborn Ave_-NEW OFFICE What is the Legal Description of the property?(May be available at County Recorder's Office on 2nd floor of the Courthouse)? Unplatted Wloo East Pt NE SE SEC 30-T 89 R 12 S 300 FT N 403.5 FT W 790 FT NE SE EXC W 90 F B. Indicate desired exemption schedule:(I or 2) 1. One Hundred Percent(100%)exemption for three years on the actual value added by improvements; 2. _X_A partial exemption on the actual value added by improvements according to the following schedule: a. First Year---------80% d. Fourth Year-------50% g. Seventh Year------30% b. Second Year------70% e. Fifth Year---------40% h. Eighth Year--------30% c. Third Year--------60% f. Sixth Year---------40% i. Ninth Year---------20% j. Tenth Year---------20% C. What was the nature of the improvement(s)? New Office Builiding D.City of Waterloo Building and Inspections Department Information: BD-2012.09475 Date permit was issued:12/11/12 Total permit(s)valuation:$755,000 E. What was the cost of the improvement?_$755,000 F. Estimated or actual date of completion of these improvements?_10/1/13 G. If this is not a singe-family dwelling unit,which you own and reside in,will these improvements create a displacement of your tenants? Yes No CITY OF WATERLOO APPROVED DATED: RESOLUTION NO: DENIED BLACK 14AWK COUNTY ASSESSOR APPROVED DATED: Tami McFarland DENIED Black Hawk County Assessor Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. For Office Use Only &ZQ NING G► Received by: •• • Staff to date stamp and make a B� copy for applicant 1 Z®13 pG1 D CONSOLIDATED URBAN REVITALIZATION AREA APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS�fS L00'� CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY F WATERLOO. The Consolidated Urban Revitalization Area(CURA)allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10%improvement to the value of the residential property. At least a 15%improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant,all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning &Development Department) 3. This application must be filed with City prior to the 1'working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Coun il. NAME: A-Line EDS,Inc. SIGNATURE: G ADDRESS: 808 Dearborn Ave TELEPHONE: (319)232-3889 DATE: 10/10/13 A. What is the Address of the property being improved? _808 Dearborn Ave_-GRANULATOR BUILDING What is the Legal Description of the property?(May be available at County Recorder's Office on 2"d floor of the Courthouse)? Unplatted Wloo East Pt NE SE SEC 30-T 89 R 12 S 300 FT N 403.5 FT W 790 FT NE SE EXC W 90 F B. Indicate desired exemption schedule:(1 or 2) 1. One Hundred Percent(100%)exemption for three years on the actual value added by improvements; 2. _X A partial exemption on the actual value added by improvements according to the following schedule: a. First Year----------80% d. Fourth Year-------50% g. Seventh Year------30% b. Second Year-----70% e. Fifth Year---------40% It. Eighth Year-------30% c. Third Year---------60% f. Sixth Year--------40% i. Ninth Year---------20% j. Tenth Year---------20% C. What was the nature of the improvement(s)? _Granulator Builiding D. City of Waterloo Building and Inspections Department Information: BD-2013.02225 Date permit was issued:2013 Total permit(s)valuation:$499,608 E. What was the cost of the improvement?_$499,608 F. Estimated or actual date of completion of these improvements?_10/1/13 G. If this is not a singe-family dwelling unit,which you own and reside in,will these improvements create a displacement of your tenants? Yes No CITY OF WATERLOO APPROVED DATED: RESOLUTION NO: DENIED BLACK HAWK COUNTY ASSESSOR APPROVED DATED: Tami McFarland DENIED Black Hawk County Assessor Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. (Page 2 of 2) Part I The South 300 feet of the North 403.5 feet of the West 190 feet of the Northeast 1/4 of the Southeast 1/4 of Section 30, Township 89 North, Range 12 West of tile 5th Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, excepting the West 90 feet thereof. Part II Parcel "C" of Plat of Survey 341 Misc 444, being part of the Southeast 1/4 of the Northeast 1/4 and the Northeast 1/4 of the Southeast 1/4, all in Section 30, Township 89 North, Range 12 West of the 5th Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa. A,N-I*.N Part IV Parcel "E" of Plat of Survey 341 Misc 434, being part of the Northeast 1/4 of the Southeast 1/4 of Section 30, Township 89 North, Range 12 West of the 5th Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa. File Number: 2005-00003757 Seq: 2 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-976 RESOLUTION APPROVING APPLICATION WITH A-LINE EDS, INC. FOR TAX EXEMPTIONS ON THE CONSTRUCTION OF A NEW TWO (2) STORY OFFICE BUILDING AND A COMMERCIAL GRANULATOR BUILDING VALUED AT $499, 608 . 00 AND $755, 000. 00 FOR PROPERTY LOCATED AT 808 DEARBORN AVENUE IN THE CONSOLIDATED URBAN REVITALIZATION AREA (LURA) , IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, A-Line EDS, Inc. has submitted an application dated October 10, 2013 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions on the construction of a new two (2) story office building and a commercial granulator building valued at $499, 608 . 00 and $755, 000 . 00 for property located at 808 Dearborn Avenue, more fully described as follows : The South 300 feet of the North 403. 5 feet of the West 790 feet of the Northeast 1-4 of the Southeast 1-4 of Section 30, Township 89 North, Range 12 West of the 5th Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, excepting the West 90 feet thereof; And, I Parcel "C" of Plat of Survey 341 Misc 444, being part of the Southeast �-4 of the Northeast 14 and the Northeast of the Southeast -1-4, all in Section 30, Township 89 North, Range 12 West of the 5th Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa; And, Parcel "E" of Plat of Survey 341 Misc 434, being part of the Northeast 1-14 of the Southeast k4 of Section 30, Township 89 North, Range 12 West of the 5th Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa; and, WHEREAS, said property is located within the designated Consolidated Urban Revitalization Area (CURA) in Waterloo, Iowa, as previously established by the City Council of the City of Waterloo, Iowa, and, WHEREAS, the new construction project respecting said property is in conformance with the Consolidated Urban Revitalization Area (CURA) Plan as officially adopted by the City Council for the City of Waterloo, Iowa, and WHEREAS, the new construction on said property was made during the time in which such improvements are eligible for the tax exemption as set forth in the Consolidated Urban Revitalization Area (CUBA) Plan as adopted by the City Council of the City of Waterloo, Iowa, and as set forth in the Urban Revitalization Act as adopted by the Legislature of the State of Iowa and signed by the Governor of the State of Iowa, and Resolution No. 2013-976 Page 2 WHEREAS, said applicant is requesting the following 10-year partial exemption schedule: For the first year 800 For the second year 700 For the third year 600 For the fourth year 500 For the fifth year 400 For the sixth year 40o For the seventh year 30o For the eighth year 300 For the ninth year 200 For the tenth year 200 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that said application is hereby approved and the City Clerk is hereby authorized and directed to forward said application and a copy of this resolution to the Assessor. PASSED AND ADOPTED this 25th day of November, 2013 . d rnest G. C ark, Mayor ATTEST: zySch r CMC City Cl k FINANCE DEPT. STAFF ONLY LINE ITEM USED /3 4-e TRAVEL REQUEST FY �-U;f`BUDGETED CITY OF WATERLOO EXPENDED YTD THIS REQUEST1c LEFT AFTER THIS REQUEST DATE original-Clerk/Finance Co -De rtment NAME(S)AND POSITION(S): DATE: Todd Henrich, Building Maintenance 11/7/13 NAME OF CLASS/ MEETING: DESTINATION Waterloo, Iowa State of Iowa Plumbing Code, Industry and Safety DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: 2/8/14 2/8/14 2/8/14 PURPOSE OF TRAVEL/TRAINING IAPMO Continuing Education WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST$ YES NO METHOD OF TRAVEL: X CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: Waterloo, Iowa ESTIMATE OF COST: BUDGET LINE ITEM: 010-22-5100=1346 LODGING TAXI X GRANT REIMBURSABLE MEALS PARKING YES NO 120.00 REGISTRATION AIRFARE X REQUIRED CERTIFICATION MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 120.00 TOTAL: $ 120.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO f- DEPARTMENT HEAD MAYOR DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346 TRAVEL REQUEST FY_2014_ BUDGETED >l, CITY OF WATERLOO EXPENDED YTD THIS REQUEST LEFT AFTER THIS r REQUEST j `ff DATE Original-Clerk/Finance ` Copy-Department NAME(S) AND POSITION(S): DATE: Officer Justin Brandt Nov. 13,2013 NAME OF CLASS/MEETING: DESTINATION: Des Moines, Iowa Highway Drug Investigations for Patrol DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: Return Date: DATE(S) OF MEETING: Dec. 2,2013 Dec.4, 2013 Dec. 2-4,2013 PURPOSE OF TRAVEL: Lt Campbell is requesting authorization to send Officer Justin Brandt to the Highway Drug Investigations for Patrol Seminar at the Midwest Counter drug Training Center on Dec 2-4,2013, in Johnston, Iowa. This 3-Day course presents skill sets designed to enhance the proficiency of Officers who make drug interdiction stops. This class is taught through MCTC so there is no registration cost. The only cost to the city of Waterloo will be meals and lodging. A city vehicle will be needed for travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: XX CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: $200.00 LODGING TAXI x GRANT REIMBURSABLE $105.00 MEALS PARKING YES NO $0.00 REGISTRATION AIRFARE x REQUIRED CERTIFICATION $50.00 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 355.00 TOTAL: $ 355.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF A ERLOO r`f f t DEPARTMEOT HEAD MAYOR DATE DATE FINANCE DEPT. STAFF ONLY LINE ITEM USED 010 03 8400 1346 TRAVEL, REQUEST FY BUDGETED CITY OF WATERLOO EXPENDED YTDUU THIS REQUEST LEFT AFTER THIS / REQUEST !� C/4 o,)) DATE f , Original—Clerk/Finance y- Department NAME(S) AND POSITION(S): EDEIPARTURE TE: Michelle Weidner, Chief Financial Officer 11/15/2013 NAME OF CLASS/ MEETING: STINATION: 18`h Annual Governmental GAAP Update binar— in office POINT OT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: 12/5/2013 12/5/2013 12/5/2013 PURPOSE OF TRAVEL: Class covers governmental auditing and accounting principles update. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST$ YES NO METHOD OF TRAVEL: N/A CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: 010 03 8400 1346 LODGING TAXI x GRANT REIMBURSABLE MEALS PARKING YES NO 180.00 REGISTRATION AIRFARE x REQUIRED CERTIFICATION MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 180.00 TOTAL: $ 180.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO D PARTMENT HEAD MAYOR DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 CITY OF WATERLOO Council Communication City Council Meeting: 11 18 13 Prepared: 11 1,!W13 Dept.Head Signature. Kent Shankle C. #of Attachments: SUBJECT: Curator. Cultural&Arts Submitted by: Kent Shankle Cultural&Arts Director Recommended City Council Action:Approval to appoint Chawne Paige, from the Civil Service list, to the position of Curator at the Waterloo Center for the Arts effective 11/25/13. Summary Statement: Expenditure Required: Source of Funds: Position is budgeted for in the FYI budget Policy Issues Alternatives Background Informations i !I i 1 i CITY OF WATERLOO Council/Committee Communication Committee Meeting: November 25, 2013 Prepared: November 18, 2013 Dept. Head Signature: Al — # of Attachments: 1 SUBJECT: New appointment of Gregory Zars to the Metropolitan Transit Authority Board Submitted by: Mayor Buck Clark Recommended City Council Action: Approval Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: Mr. Zars is fulfilling the term vacated by Sally Myers. This term expires 6/30/14 after which Mr. Zars would be eligible to serve his first full term. NUv 15 2013 CITY OF WATERLOO, IOWA BOARDS $, COMMISSIONS APPLICATION Date: 11115Z- 7-0- 13 I, C reeo o -Z-GV S request to be appointed to (state preference): (Nme) _ 2. Nome Phone: Cell Phone5(q �q6 OO5� Work Phone: Z� i Home Address3�l�/ Vera, �A �f. �,� PAS Zipcode EmplOyefl YJ1 Ale, pIxy, Q "fir 1/hili / 111 14 ; J Title r,�r rt d� Employer Address L Zipcode Sb-70 l How long have you resided in Waterloo? IS years M List current jmembership in organizations anrd' offices held:: '1t ( lVllrt'ny7l t l > ,1l Cc 7 '��^"I�C bAe r / X TQ- I am available for meetings: (A M� CP: 4�on7) Evenings I am available to serve on a Board/Commi§"rion the entire year: CYes ' No (check below) Spring Summer Fall Winter All Seasons B11riefly� explain/your qualifications for appointment to a designated Boacd/Commissiorz �)'itk_ Xj / C(Irf' Q. noir "y' / 1� r �i�7 i �1, r (e� 16,; /("� 7 :7, 4- did u4.t A" C 1 JA (),4�1( Cl C �.1 M ttu t i 1 Additional ir1formation and comments that may not be evident from information already on this form: — d C'4 ? '. t1 Ul �1a 14 , SOI i References(include phone numbers)/"Xt _TSa,,ftS0-1 �Iq Z7Z 7-Zt4-y Z7 Z U-10 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, Il-be a ilable to attend appropriate training sessions.This application will remain valid and on file for c t ear from date above. Signature RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATEO, IA 50703 OWDW2010 FAX 291-4286; PHONE 291-4301. MY OF WATERLOO Council Communication City Council Meeting: I1 I8 13 Prepared: ll 6 13 Dept. Head Signature:Kent_kle of Attachments: SUBJECT: Curator. Cultural&Arts Submitted by: Kent Shan kle,,Cultural&ArU Director Recommended City Council Action:Approval to appoint Chawne Paige, from the Civil Service list, to the position of Curator at the Waterloo Center for the Arts effective 11/25/13. Summary Statement: Expenditure Required: Source of Funds: Position is budgeted for in the FY14 budget Policy Issue: Alternative: Background Information: I I I BONDS FOR COUNCIL APPROVAL November 25, 2013 RIGHT OF WAY CONSTRUCTION BOND (EXPIRES 4/30/14) AMOUNT: $5, 000. 00 55207658 KOELKER EXCAVATING INC. MARION, IOWA �J CITY OF T 0s IOWA COINIMUNITY PLANNING AND DEVIELOPMENT 715 Mulberry Street A Waterloo,Iowa 50703-5783 - (3,19)271-4366 Fax(319)291-4262, e • NOEL C.ANDERSON,Community Planning&Develolrmem Director Mayor CITY OF WATERLOO t3UCK CLARK COUNCIL Council Communication MEMBERS City Council Meeting: November 12,2 3 ................... Prepared: November 6, 2013 Dept. Head Signature: DAVID # JONES of Attachments: Ward I SUBJECT: Request to set a date of public hearing as November 25,2013 to enter CAROLYN into a development agreement with Black Hawk Contracting and Development to COLE authorize the sale and conveyance of a portion of City owned property for$1.00 along Ward Lafayette Street near its intersection with East 3rd Street, for the construction of 6 HAROLD townhouse dwellings. GETTY Wards Submitted by: Noel Anderson, Community Planning & Development Director QUENTIN HART Recommended City Council Action: Approval of request Ward 4 RON Summary Statement: Transmitted herewith is a request to set a date of public hearing as wELPER November 25, 2013 to enter into a development agreement with Black Hawk Contracting Ward s and Development to authorize the sale and conveyance of City owned property for$1.00 along Lafayette Street, near its intersection with East 3rd Street, for the construction of 6 BOB GREENWOODtownhouse dwellings. The property in question has served as a city-owned parking lot ,4t-Large with little to no leasing for its location. STEVE As you are aware, Black Hawk Contracting and Development has been actively SCHN41TT redeveloping this area, and has built 5 new homes on East 8d' Street, and 3 new homes on At-Large Lafayette Street near East 8"', for the City of Waterloo. Black Hawk Contracting& Development is also actively working to build new townhome units on Lafayette and East 7t'Street. Therefore, we would ask that the City Council set a date of public hearing as November 25, 2013, and publish and official notice pertinent to the request to sell and convey the area described herein. Expenditure Required. None. Source of Funds:N/A Policy Issue: Sale of City Property CITY WEBSITE: wNvwci.water100.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Alternative: Background Information: Black Hawk Contracting and Development has been actively redeveloping land near Downtown Waterloo with new housing opportunities. This project will work ion conformance with the Downtown Master Plan goal of bring additional residential development in and near Downtown Waterloo. Cc: Aric Schroeder, City Planner —file— Prepared by: Noel Anderson City of Waterloo Planning and Zoning, 715 Mulberry St Waterloo IA 50703 DEVELOPMENT AGREEMENT This Agreement is made and entered into this 5 day of i 2013 by and between Black Hawk Contracting and Development Co., hereafter called "Company", and the City of Waterloo, Iowa, hereinafter called "City". WHEREAS, City considers economic development within the City a benefit to the community and is willing for the total good and welfare of the community to sell city- owned property not needed for current or future public purposes so as to encourage that goal, and WHEREAS, Company is willing and able to construct five (5) residential townhouse dwellings, valued at approximately $150,000.00 each, on property owned by the City (the "Property"), generally described as a parking lot on parcel 8913-24-353- 002, and legally described on attached Exhibit "A". WHEREAS, said construction of five (5) residential townhouse dwellings, as shown on attached Exhibit "B", shall be completed by phasing described in Number 2 below, with all units completed by December 31 2016, of this signed and executed Development Agreement by Company, and said permit(s) for the first phase of construction shall be taken out within four (4) months of approval of the Agreement and conveyance. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREINAFTER CONTAINED, Developer and City agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the property, or cause it to be conveyed, to Company for the sum of $1.00 (the "Purchase Price"). Conveyance shall be quit claim deed, free and clear of all encumbrances arising by or through City, except: (a) easement, conditions and restrictions of record which do not, in Company's opinion, interfere with Company's proposed use, (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions unposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does no remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title preparation. 2. Improvements by Company. Company agrees to and shall construct five (5) residential townhouse dwellings, with each unit valued at approximately $150,000.00 each, on Property, and take out necessary permit(s) — in accordance with phasing plan below -- within a four-month period, from the date of this agreement. Said residential townhouse dwellings shall be constructed in accordance with all applicable City, State, and Federal building codes, be in compliance with all applicable city ordinances, and with design features and density as noted in Exhibit B (which includes building elevations, floor plans, and site plan). Phasing plan: 2 units under construction four (4) months from approval of this agreement. 2 units under construction one (1) year from approval of this agreement. 1 unit under construction two (2) years from approval of this agreement. The Property, the Improvements, and all site preparation and development- related work to make the Property usable for Company's purpose as contemplated by this Agreement are collectively referred to as the "Project". 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 convey the Property, or to cause the Property to be conveyed, to Company and that without said commitment would not do so. Measured from the date the Property is deeded to Company, Company must obtain a building permit(s) and begin construction on said houses. If Company has not, in good faith, begun the construction of any phase of the Improvements on the schedule stated above, then title to the Property shall revert to the City, except as provided in this Agreement; provided, however, that if construction has not begun, but the development of the Project is still imminent, the City Ypouncil may, but shall not be required to, consent to an extension of time for the construction of the Improvements, and if an extwwinn is granted but construction of the Improvements has not begun within such extended period, then the title to the Property shall revert to the City after the end of said extended period. If Company determines at any time that the Project is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the Property to City, and thereupon neither party shall have any further obligation under this Agreement except as expressly provided. If development has commenced within the required period of any extended period and 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 of any phase or of the entire Project 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 title to the Property shall revert to the City. 4. Platting and Release. Company may, in consultation with City, plat the Property if reasonably necessary for purposes of the Project. As nearly as reasonably possible, the area platted for each phase shall correspond with the description of the phase area stated in Section 2 above, or shall be comprised of a roughly equivalent area as measured in square feet. In connection with any sale by Company of that part of the Property corresponding with a completed phase of Improvements, City agrees to release such part of the Property from the conditions and restrictions set forth in this Agreement. A release of any such part of the Property shall not affect the continued effectiveness and enforceability of this Agreement as to any part of the Property that is not specifically released. 5. Reverter to Tithe; indemnity. Title shall not revert to City as to any phase of Improvements that has been substantially completed. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, or encumbrance arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Property. If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney-in-fact, the special warranty deed required by this Section 4, 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. Water and Sewer. Company shall be responsible for extending water and sewer service to any location on the Property and for payment associated with connection fees. 8 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 on behalf of City. 9. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating this transaction contemplated in this Agreement by a 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. 10. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of the City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this agreement. 11. Materiality of Company's Promises, Covenants, Representations and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 12. 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 facsimile (with and additional copy delivered by one of the foregoing means), and addressed: For the City: Mayor Ernest G. Clark City Hall 715 Mulberry Street Waterloo, Iowa 50703 With copy to Community Planning & Development Director For Developer: John R. Rooff III Black Hawk Contracting and Development Co. 1509 Commercial Street Waterloo, Iowa 50702 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. A party may change the address for giving notice by any method set forth in this section. 13. No Joint denture. 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. 14. 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. 15. Severability. Each provision, section, sentence, clause, phrase, and word 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 the 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. 16. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as 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. 17. Binding Effect. This agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 18. 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. 19. Entire Agreement. This Agreement, together with the exhibits attached hereto, 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. 20. 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. BLACK HAWK C®NTRACTWG AND DEVELOPMENT By: John R. Rooff III, Developer Date UTY OF WATERLOO, IOWA By- Ernest G. Clark, Mayor Date ATTEST. Suzy Schar s, City Clerk Date PERS®NAL. GUARANTY. The undersigned, being either an office, shareholder, manager, or member of Company, hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, it successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein. Liability of guarantors hereunder is joint and several. Exhibit "A" Legal Descriptions m Properties to be Convened ORIGINAL PLAT WATERLOO EAST LOT 8 BLOCK 31 LOT 9 BLOCK 31, ALL IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA. Exhibit "B" See building plans and sketches attached hereto CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 r0ulberry Street • Waterloo,Iowa 50703-5783 • (319)191-4366 Fax(319)291-4262. • NOEL C.ANDERSON,Community Planning&Develolrment Director Council Communication J Mayor City Council Meeting: November 25, 2013 BUCK Prepared: November 6, 2013 CLARK Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 COUNCIL MEMBERS SUBJECT: Set date of hearing for Real Estate Purchase Agreement between R ••• & S Commercial LLC and R& S Rental LLC and City of Waterloo for the sale of City-owned land for $1.00, in connection with DAVID JONES Development Agreement. Ward 1 Submitted by: Noel Anderson, Community Planning & Development Director CAROLYN COLE Recommended City Council Action: Set the date of hearing for approval of the Real Ward Estate Purchase Agreement, authorizing the sale of land for $1.00, plus up to $2,000 in HAROLD closing costs. GETTY Ward3 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 WQWard ART N expansion of Si Construction and the potential relocation of a home on the block at the d4 northwest corner of East 9th and Sycamore. The approved Development Agreement would convey lots to Si Construction in the Rath area for their new warehouse and RON office, as well as a potential lot, acquired by 657A, for house relocation. This project WELDER would help create new commercial development over $240,000 in new taxable value, as Ward well as work for infill neighborhood development to the area. BOB GREENWOOD Expenditure Required: Up to $2,000 in closing costs for legal work. At-Large STEVE Source of Funds: general fund, TIF cash, and bonds SCHpolicy Issue: Economic Development within the City of Waterloo. At-Large-Large rge p 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: www.d.waterloo.ia.us WE'RE WORKING FOR YOU? An Equal OpportunitylAffirmative Action Employer Prepared by Noel Anderson 715 Mulberry Street Waterloo, Iowa 50703 (319) 291.4366 DEVELOPMENT AGREEMENT This Development A reement (the "Agreement") is made and entered into this e2 day of tlf 2013, by and between R & S Commercial LLC (the "Company"), Steven J. Santomauro and Rachel M. Santomauro, husband and wife (the "Company Principals"), and the City of Waterloo, Iowa (the "City"). WHEREAS, City considers economic development within the City a benefit to the community and is willing for the total good and welfare of the community to provide financial incentives so as to encourage that goal, and WHEREAS, Company is willing and able to purchase real property and to develop a commercial building on property (the "Property") located in the Amended Rath Urban Renewal and Redevelopment Plan Area, which Property shall be specifically identified and legally described hereafter by addendum to this Agreement. NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, Company and City agree as follows: 1. Sale of Property; Improvements. Within three (3) years from the date of this Agreement, on a date to be determined hereafter by the mutual consent of the parties (the "Closing"), the City shall convey the Property to Company for the sum of $1.00. After conveyance, Company shall construct a commercial building consisting of approximately 5,200 square feet and related improvements (the "Improvements") on the Property. The Improvements are to be constructed in accordance with all applicable City, State, and Federal building codes and be in compliance with all applicable City ordinances and other applicable law. It is contemplated that the Improvements should have an estimated total project cost of $ 300,000. 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". The Sale of Property shall follow this agreement by a Purchase Agreement for city-owned land as specified in Exhibit "A" between the City of Waterloo and R & S Commercial LLC. Land also specified for potential development in Exhibit that it will pay when due all taxes and assessments, genal or special, and au other charges whatsoever levied upon or assessed or placed against the Redevelopment Site. Company further agrees that prior to the date set forth in Section 2 of Exhibit "D" it will not cause a reduction in the taxable valuation for the Redevelopment Site, which shall be fixed for assessment purposes, below the amount of $252,510 ("Minimum Actual Value"), through: (i) willful destruction of the Redevelopment Site, the 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 said attached Exhibit "D" at the closing. 4. Other Development Incentives and Commitments. . Because the Property is located in a designated Consolidated Urban Revitalization Area (CUBA), 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. 5. Deeds. The City shall convey or cause to be conveyed fee simple title to the Property by special warranty deed, free and clear of all encumbrances except: (a) easements, conditions, and restrictions of record which do not, in Company's opinion, interfere with Company's proposed use; (b) current and future real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. Company and/or Company Principals shall convey or cause to be conveyed fee simple title to the Company Property by warranty deed, free and clear of all encumbrances except: (a) easements, conditions, and restrictions of record which do not, in Company's opinion, interfere with Company's proposed use; (b) current and future real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. 5.1. Abstracting. No less than fourteen (14) days prior to the anticipated date of conveyance of its respective property, a party shall, at its own expense, deliver to the other party an updated abstract of title. If title is unmarketable or subject to matters not acceptable to the recipient, the conveying party shall remedy or remove such objectionable matters in timely fashion following written notice of such objections from the other party. 6. Representations and Warranties of City. City hereby represents and warrants as follows: 3 delivery 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. 11. 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 its duly authorized representative, 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. 12. 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. 13. 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. 14. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 15. 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. 16. Entire Agreement. This Agreement, together with the Minimum Assessment Agreement attached hereto as Exhibit "C", 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. 17. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement as of the date first written above. 5 EXHIBIT "A" Legal Descvapt1®n ®f the City Property MORNING SIDE ADDITION LOT 22, 23, 24, AND 25 BLOCK 1, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. 7 Exhibit "ell Legal description Of C®mpany property ORIGINAL PLAT WATERLOO EAST LOTS 8 AND 9 BLOCK 18, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. 9 2019. Noshing herein shall be deemed to waive the Developer's rights under Iowa Cade section 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 Value 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 paying 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 Minimum Assessment 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. City of Waterloo, Iowa R & S Commercial LLC By: By: Ernest G. Clark, Mayor Steve Santomauro, President Atte". Suzy Schargs, City Clerk STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) 11 CERTPCAT1lOH 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 Two Hundred Fifty Two Thousand Five Hundred Ten Dollars ($252,510.00). Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on 2013, by Assessor for Black Hawk County, Iowa. 13 November 18, 2013 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m. , on Monday, November 18, 2013. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Welper, Hart. Absent: Schmitt. Moment of Silence. Pledge of Allegiance: Noel Anderson, Community Planning & Development Director. 141899 - Hart/Greenwood that the Agenda, as proposed, for the Regular Session on Monday, November 18, 2013, at 5:30 p.m. , be accepted and approved. Voice vote-Ayes: Six. Motion carried. 141900 - Hart/Greenwood that the Minutes, as proposed, for the Regular Session on Monday, November 12, 2013, at 5:30 p.m. , be accepted and approved. Voice vote-Ayes: Six. Motion carried. Mayor Clark read a Proclamation declaring November 2013 as "Adoption Month". Mayor Clark read a Proclamation declaring November 2013 as "Pancreatic Cancer Awareness Month" Presentation of the Leisure Services Youth Flag Football Character Counts Player of the Year Awards to: Carter Gallagher, Mina Ruiz, Maxwell Paxton and Tajanik Williams. Presentation of Leisure Services Youth Flag Football Character Counts Coach of the Year Awards to: Dustin Luctenberg, Tom Hansen, Dustin Fadiga and Nathan Porter. CONSENT AGENDA 141901 - Hart/Welper 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 November 18, 2013, in the amount of $3, 519, 516.04, 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. 2013-953. 2. Resolution approving the Request of Carrie Morrison for tax exemptions on improvements totaling $18,750.00 for property located at 1522 Longfellow Avenue and located in the Consolidated Urban Revitalization Area (CURA) . Resolution adopted and upon approval by Mayor assigned No. 2013-954 . 3. Resolution approving the Request of Fawn Davis for tax exemptions on improvements totaling $134, 000.00 for property located at 950 Newton Street and located in the Consolidated Urban Revitalization Area (CURA) . Resolution adopted and upon approval by Mayor assigned No. 2013-955. 4 . Resolution approving the Request of Jesse Bialas for tax exemptions on improvements totaling $257, 652.00 for property located at 1921 Partridge Lane and located in the City Limits Urban Revitalization Area (CLURA) . Resolution adopted and upon approval by Mayor assigned No. 2013-956. b. Motion to approve the following: 1. Recommendation of appointment of Adrienne Volker to the position of Associate Planner, effective November 26, 2013. November 18, 2013 Page 2 Approved Beer, Liquor, and Wine Applications Name & Address of ClasNew or Expiration Includes Business s Renewal Date Sunday 2. Chapala Mexican C Liquor Renewal 8/7/14 X Restaurant 900 La Porte Road 3. Gallerija 92 C Liquor New 11/1/14 X 1927 Jefferson Street 4 . R-Place B Native Wine, New 10/28/14 X 921 Broadway Street Special C Liquor (BW) , Outdoor Service Roll call vote-Ayes: Six. Motion carried. PUBLIC HEARINGS 141902 - Getty/Hart that proof of publication of notice of public hearing on the Request of Iowa Development Enterprises for a site plan amendment to the "R-1,R-P" Planned Multiple Residence District, to allow for the construction of 5 single-family homes on approximately 3 acres of land generally located north of the intersection of Burton Avenue and West Donald Street at the former Van Eaton School site, be received and placed on file. Voice vote-Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 141903 - Getty/Hart that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission. Voice vote-Ayes: Six. Motion carried. 141904 - Getty/Hart to receive, file, consider and pass for the first time 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 Site Plan Amendment on Certain Property. Roll Call vote-Ayes: Six. Motion carried. 141905 - Getty/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll Call vote-Ayes: Six. Motion carried. 141906 - Getty/Hart that "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 Site Plan Amendment on Certain Property in conjunction with the Request of Iowa Development Enterprises for a site plan amendment to the "R-1,R- P" Planned Multiple Residence District, to allow for the construction of 5 single-family homes on approximately 3 acres of land generally located north of the intersection of Burton Avenue and West Donald Street at the former Van Eaton School site" be considered and passed for the second and third times and the ordinance be adopted. Roll call vote-Ayes: Six. Ordinance adopted and upon approval by Mayor assigned No. 5190. 141907 - Greenwood/Hart that proof of publication of notice of public hearing on the Request of Iowa Development Enterprises for a site plan amendment to the "R-3,R-P" Planned Multiple Residence District, to allow for the construction of 6 twin homes on approximately 1. 68 acres of land generally located at the intersection of Mills Lane and Dysart Road, be received and placed on file. Voice vote-Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. November 18, 2013 Page 3 141908 - Greenwood/Hart that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission. Voice vote-Ayes: Six. Motion carried. 141909 - Greenwood/Hart to receive, file, consider and pass for the first time 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 Site Plan Amendment on Certain Property. Roll Call vote-Ayes: Six. Motion carried. 141910 - Greenwood/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll Call vote-Ayes: Six. Motion carried. 141911 - Greenwood/Hart that "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 Site Plan Amendment on Certain Property in conjunction with the Request of Iowa Development Enterprises for a site plan amendment to the "R-3,R- P" Planned Multiple Residence District, to allow for the construction of 6 twin homes on approximately 1. 68 acres of land generally located at the intersection of Mills Lane and Dysart Road" be considered and passed for the second and third times and the ordinance be adopted. Roll call vote-Ayes: Six. Ordinance adopted and upon approval by Mayor assigned No. 5191. 141912 - Getty/Hart that proof of publication of notice of public hearing on the Request of Iowa Development Enterprises for a site plan amendment to the "R-3,R-P" Planned Multiple Residence District, to allow for the construction of 1 twin home and 2 single-family homes on approximately 0.8 acres of land generally located along the south side of Summerland Drive, adjacent to 5732 Summerland Drive, be received and placed on file. Voice vote-Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 141913 - Getty/Hart that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission. Voice vote-Ayes: Six. Motion carried. 141914 - Getty/Hart to receive, file, consider and pass for the first time 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 Site Plan Amendment on Certain Property. Roll Call vote-Ayes: Six. Motion carried. 141915 - Getty/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll Call vote-Ayes: Six. Motion carried. 141916 - Getty/Hart that "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 Site Plan Amendment on Certain Property" be considered and passed for the second and third times and the ordinance be adopted. Roll call vote- Ayes: Six. Ordinance adopted and upon approval by Mayor assigned No. 5192. November 18, 2013 Page 4 BID OPENING 141917 - Cole/Hart that proof of publication of notice of public hearing on the Request for Proposal for Asbestos Survey Services for properties located at 1423 Hawthorne Avenue, 223 Independence Avenue, 927 Mullan Avenue, 421 Almond Street, 425 Almond Street, 928 Mulberry Street, 408 Saxon Street, 420 Dawson Street, 426 Cherry Street, 134 Dearborn Avenue, 717 Vinton Street, 67 Franklin Street, 520 Cottage Street, 120 Smith Street, 820 Fowler Street, 1013 Lincoln Street, 409 State Street, 100 Blackwood Avenue, 3137 Independence Avenue, 2375 Independence Avenue, 4012 Leversee Road, 210 Clay Street and 211 Courtland Street, be received and placed on file. Voice vote-Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 141918 - Cole/Hart that the hearing be closed. Voice vote-Ayes: Six. Motion carried. 141919 - Cole/Hart that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with the Request for Proposal for Asbestos Survey Services for properties located at 1423 Hawthorne Avenue, 223 Independence Avenue, 927 Mullan Avenue, 421 Almond Street, 425 Almond Street, 928 Mulberry Street, 408 Saxon Street, 420 Dawson Street, 426 Cherry Street, 134 Dearborn Avenue, 717 Vinton Street, 67 Franklin Street, 520 Cottage Street, 120 Smith Street, 820 Fowler Street, 1013 Lincoln Street, 409 State Street, 100 Blackwood Avenue, 3137 Independence Avenue, 2375 Independence Avenue, 4012 Leversee Road, 210 Clay Street and 211 Courtland Street", be adopted. Roll call vote-Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-957. 141920 - Cole/Hart that "Resolution ordering construction in conjunction with the Request for Proposal for Asbestos Survey Services for properties located at 1423 Hawthorne Avenue, 223 Independence Avenue, 927 Mullan Avenue, 421 Almond Street, 425 Almond Street, 928 Mulberry Street, 408 Saxon Street, 420 Dawson Street, 426 Cherry Street, 134 Dearborn Avenue, 717 Vinton Street, 67 Franklin Street, 520 Cottage Street, 120 Smith Street, 820 Fowler Street, 1013 Lincoln Street, 409 State Street, 100 Blackwood Avenue, 3137 Independence Avenue, 2375 Independence Avenue, 4012 Leversee Road, 210 Clay Street and 211 Courtland Street", be adopted. Roll call vote-Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-958. 141921 - Cole/Hart to receive and file and instruct City Clerk to open and read bids and refer to the Community Planning & Development Director for review: Bidder Bid Security Bid Amount Cardno ATC 223 E. 4th St. Suite D 5% $12, 050.00 Waterloo, IA 50703 Evans Inspection Service, Inc. 15253 Hollywood Road $682.00 $13, 639.00 Monticello, IA 52310 Hawkeye Environmental 814 Wood Lily Road 50 $10, 580.00 Solon, IA 52333 New Horizons Enterprises, LLC 1201 D Street 50 $46, 000.00 Lincoln, NE 68502 i Terracon 6612 Chancellor Drive, Suite 102 $29, 805.00 Cedar Falls, IA 50613 Ayes: Six. Motion carried. I November 18, 2013 Page 5 141922 - Hart/Welper that proof of publication of notice of public hearing on the Request for Proposal for Demolition and Site Clearance Services for 1019 Lafayette Street, be received and placed on file. Voice vote-Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 141923 - Hart/Welper that the hearing be closed. Voice vote-Ayes: Six. Motion carried. 141924 - Hart/Welper that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with the Request for Proposal for Demolition and Site Clearance Services for 1019 Lafayette Street", be adopted. Roll call vote-Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-959. 141925 - Cole/Hart that "Resolution ordering construction in conjunction with the Request for Proposal for Demolition and Site Clearance Services for 1019 Lafayette Street", be adopted. Roll call vote-Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-960. 141926 - Cole/Hart to receive and file and instruct City Clerk to open and read bids and refer to the Community Planning & Development Director for review: Bidder Bid Security Bid Amount Frickson Bros. Excavating, Inc. 737 Colleen Ave $395. 00 $7, 900.00 Evansdale, IA 50707 Lehman Trucking & Excavating, Inc. 1422 Ashland Ave 5% $11, 850.00 Waterloo, IA 50703-5611 Ayes: Six. Motion carried. Mayor Clark stated that we are tearing down and building new homes. The city is progressing. Noel Anderson, Community Planning & Development Director, noted that Neighborhood Stabilization Funds & Brownfield Funds are being used in conjunction with City funds to tear down houses. 141927 - Welper/Hart that proof of publication of notice of public hearing on the Purchase of One (1) 2014 Parks Truck with Chip Box, be received and placed on file. Voice vote-Ayes: Five. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 141928 - Welper/Hart that the hearing be closed. Voice vote-Ayes: Six. Motion carried. 141929 - Welper/Hart that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Purchase of One (1) 2014 Parks Truck with Chip Box", be adopted. Roll call vote-Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-961. November 18, 2013 Page 6 141930 - Welper/Hart that "Resolution authorizing to proceed in conjunction with the Purchase of One (1) 2014 Parks Truck with Chip Box", be adopted. Roll call vote-Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-962. 141931 - Welper/Hart to receive and file and instruct City Clerk to open and read bids and refer to Public Works Director for review in conjunction with Purchase of One (1) 2014 Parks Truck with Chip Box. Bidder Bid Amount GATR Truck Center Cedar Rapids, IA $134, 350.62 GATR Truck Center Cedar Rapids, IA $118, 445. 16 -Mack GU Harrison Truck Centers P.O. Box 1708 $124,235.00 Waterloo, IA 50704 Truck Country - Cedar Rapids 8415 6th Street SW $123, 620.00 Cedar Rapids, IA 52404 Ayes: Six. Motion carried. RESOLUTIONS 141932 - Hart/Welper that "Resolution approving recommendation of award of bid to Murphy Tractor & Equipment Co. of Waterloo, Iowa, in the amount of $54, 000.00, for the Rental of Three (3) Motor Graders to Support Snow Removal Operations.", be adopted. Roll call vote-Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-963. 141933 - Hart/Welper that "Resolution approving recommendation of award of contract to Cramer and Associates, Inc. of Grimes, Iowa, in the amount of $1, 163, 182.55, for the F.Y. 2014 Bridge Deck Repairs and Overlay Program, Contract No. 777; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote- Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-964 . 141934 - Hart/Welper that "Resolution approving Contract, Bonds and Certificate of Insurance with Cramer and Associates, Inc. of Grimes, Iowa, in the amount of $1, 163, 182.55, for the F.Y. 2014 Bridge Deck Repairs and Overlay Program, Contract No. 777; and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-965. 141935 - Cole/Hart that "Resolution approving Supplemental Agreement No. 1 with AECOM Technical Services, Inc. of Waterloo, Iowa, in an amount not to exceed $15, 000.00, for professional services related to construction review and staking for the South Hills Drainage Improvements Project; and authorize Mayor to execute said document", be adopted. Roll call vote-Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-966. November 18, 2013 Page 7 141936 - Cole/Hart that "Resolution approving recommendation of award of contract to Veith Construction Corporation of Cedar Falls, Iowa, in the amount of $119,000.00, for the South Hills Drainage Improvements Project; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-967. 141937 - Cole/Hart that "Resolution approving certain actions with respect to the Kimball Avenue Improvements Project and to authorize negotiations and the use of condemnation procedures for the acquisition of said property interests", be adopted. Roll call vote-Ayes: Five. Abstain: One. Noel Anderson, Community Planning & Development Director, stated that there will be a work session next week to discuss three, four, and five lane designs. Tonight' s item is to set potential use of condemnation but it is not thought to be needed. Resolution adopted and upon approval by Mayor assigned No. 2013-968. 141938 - Hart/Welper that "Resolution approving Contract for Asbestos Abatement Services with Active Thermal Concepts of Hiawatha, Iowa, in the amount of $43, 948.00, in conjunction with asbestos abatement services for 217-219 Jefferson Street and 300 West 3rd Street; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-969. 141939 - Hart/Welper that "Resolution approving Demolition Contract for Demolition and Site Clearance Services with Stickfort Construction of Hudson, Iowa, in the amount of $31, 650.00, in conjunction with demolition services for 1001 Linden Avenue; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-970. 141940 - Hart/Welper that "Resolution approving Amendment to Development Agreement and Amendment to Minimum Assessment Agreement with Cedar Valley Warehouse, LLC of Waterloo, Iowa for the building located at 2843 Geraldine Road, which will better define timelines for tax rebates and required minimum values on the project area; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Six. I Noel Anderson, Community Planning & Development Director, stated that this is a 40, 000 sq. ft. building that was built by Brent Dahlstrom & Jim Selentic and is now being sold. This amendment to the development agreement is to clarify that the buyer gets the appropriate tax rebates. Resolution adopted and upon approval by Mayor assigned No. 2013-971. 141941 - Hart/Welper that "Resolution approving request of MidAmerican Energy to dedicate a new utility easement on property located near the end of Sycamore Street, just west of Highway 63, near 59 Sycamore Street, for the purpose of constructing new underground electric feeder circuits within the proposed easements, with said circuits serving areas near downtown; and authorize Mayor to execute said document", be adopted. Roll call vote-Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-972. OTHER COUNCIL BUSINESS 141942 - Welper/Hart to instruct Public Works Director to prepare specifications, bid document, etc. in conjunction with Purchase of Six (6) 2014 Police Patrol Vehicles, be approved. Voice vote-Ayes: Six. Motion carried. November 18, 2013 Page 8 141943 - Welper/Hart that specifications, bid document, etc. in conjunction with Purchase of Six (6) 2014 Police Patrol Vehicles, be received and placed on file. Voice vote-Ayes: Six. Motion carried. 141944 - Welper/Hart that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with Purchase of Six (6) 2014 Police Patrol Vehicles", be adopted. Roll call vote-Ayes: Six. Mark Rice, Public Works Director, stated that the new model is working well and that the lifespan of each vehicle is four to five years. Mr. Welper stated that the reason we're staying with the current model of Ford is because the inside of the vehicle is the same as the old Crown Victoria so we don't have to buy new interiors. Mr. John Sherbon, 1715 Robin Rd, recommended that the city look at purchasing vehicles that run on natural gas for cost effectiveness. Mayor Clark stated that CNG is not readily available and Police cars need to fill up two to three times in a 24 hour period, day and night. Mark Rice, Public Works Director, stated that they did spec it in garbage trucks and it was not cost effective. He also said that in the future they would spec it as an alternative. Mayor Clark stated that we would do it if, taking into consideration all of the variables, it proves to be cost effective. Mr. Greenwood said that he would like to see it spec'd. Resolution adopted and upon approval by Mayor assigned No. 2013-973. 141945 - Welper/Hart that "Resolution setting date of hearing and bid opening as December 9, 2013; and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids in conjunction with Purchase of Six (6) 2014 Police Patrol Vehicles", be adopted. Roll call vote-Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 2013-974 . ORAL PRESENTATIONS - None 141946 - Hart/Getty that the council adjourn to Executive Session at 6:20 p.m. Roll call vote-Ayes: Six. Motion carried. City Attorney Jim Walsh stated that discussion of property acquisitions is an approved topic of Executive Session pursuant to Iowa Code Section 21.5 (1) (j )2013. E X E C U T I V E S E S S I O N 141947 - Hart/Getty that the council adjourn Executive Session at 6:30 p.m. Voice vote-Ayes: Six. Motion carried. 141948 - Hart/Getty to proceed. Voice vote-Ayes: Five. Abstain: One (Greenwood) . Motion carried. ADJOURNMENT 141949 - Hart/Getty that the Council adjourn at 6:30 p.m. Voice vote-Ayes: Six. Motion carried. Suzy Schares City Clerk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2013-983 RESOLUTION APPROVING GOLF COURSE PRO SHOP AGREEMENT WITH MONTE MEYER PRO SHOP, INC. AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Golf Course Pro Shop Agreement dated November 25, 2013, to provide golf pro services at South Hills Golf Course, by and between Monte Meyer Pro Shop, Inc. 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 25th day of November, 2013. 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. 2013-984 RESOLUTION APPROVING GOLF COURSE PRO SHOP AGREEMENT WITH ANDY DEVINE GOLF, INC. AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Golf Course Pro Shop Agreement dated November 25, 2013, to provide golf pro services at Iry Warren Memorial Golf Course, by and between Andy Devine Golf, Inc. 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 25th day of November, 2013 . Ernest G. Clark, Mayor ATTEST: i Suzy Schres, CMC City Cle k Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2013-985 RESOLUTION APPROVING GOLF COURSE PRO SHOP AGREEMENT WITH NATE LUBS GOLF, INC. AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Golf Course Pro Shop Agreement dated November 25, 2013, to provide golf pro services at Gates Park Golf Course, by and between Nate Lubs Golf, Inc. 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 25th day of November, 2013 . "EfLie5'�� egZ 6st G. Clark, Mayor I ATTEST: l i i Suzy Schres, CMC City Cle k i II I I CITY OF WATERLOO Council Communication City Council Meeting: November 25, 2013 Prepared: November 2uk-:�Dept. Head Signature: # of Attachments: SUBJECT: Recommendation -Award of Bid to Truck Country-Cedar Rapids for the purchase of one (1) 2014 Parks Truck with Chip Box Submitted by: Mark Rice, Public Works Director Recommended City Council Action: Approval Summary Statement: Recommendation-Award of Bid to Truck Country-Cedar Rapids, IA Expenditure Required: $123,620. Source of Funds: 412-37-4100-2117 Policy Issue: N/A Alternative: N/A Background Information: It is my recommendation that the bid received from Truck Country, Cedar Rapids in the amount of$123,620 be accepted. Bids Received were: GATR Truck Center Cedar Rapids, IA Bid did not meetspec Truck Country Cedar Rapids, IA 5123,620.00 Harrison Truck Center Elk Run Heights, IA $124,235.00 GATR Truck Center Cedar Rapids, IA $134,350.62 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-986 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF BID TO TRUCK COUNTRY OF CEDAR RAPIDS, IOWA, IN CONJUNCTION WITH THE PURCHASE OF ONE (1) 2014 PARKS TRUCK WITH CHIP BOX, IN THE AMOUNT OF $123, 620 . 00 . BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the bid of Truck Country of Cedar Rapids, Iowa, in the amount of $123, 620 . 00, in conjunction with the Purchase of One (1) 2014 Parks Truck with Chip Box described in the specifications heretofore adopted by this Council for said purchase with Resolution No. 2013-961, after public hearing on November 18, 2013 on published notice required by law, be and is hereby accepted. PASSED AND ADOPTED this 25th day of November, 2013 . �f &�� Erest G�Clark, Mayor ATTEST : Suzy Sch res, CMC City Clerk THIRD TOLLING AGREEMENT FOR CLAIMS UNDER CLEAN WATER ACT RELATING TO CITY OF WATERLOO'S SANITARY SEWER SYSTEM i ' The United States,on behalf of the United States Environmental Protection Agency, contends that it has a cause of action under the Clean Water Act, 33 U.S.C. § 1251 et seg., against the City of Waterloo,Iowa("Waterloo"), for, inter glia, failure to meet the conditions of its National Pollutant Discharge Elimination System("NPDES")permit and the Clean Water Act in the operation and maintenance of its sanitary sewer system(the "Tolled CIaims"). i The United States and Waterloo("Parties")enter into this Tolling Agreement to facilitate settlement negotiations between the Parties within the time period provided by this Agreement, without thereby altering the claims or defenses available to any Party hereto, except as specifically provided herein. The Parties, in consideration of the covenants set out herein, agreeas follows: j I. Notwithstanding any other provision of this Tolling Agreement, the period commencing on March 1,201,3,and ending on September 1, 2014, inclusive(the"Tolling Period"), shall not be included in computing the running of any statute of limitations potentially applicable to any action brought by the United States on the Tolled Claims. 2. Any defenses of laches,estoppel, or waiver, or other similar equitable defenses based upon the running or expiration of any time period shall not include the Tolling Period for the Tolled Claims. 3. Waterloo shall not assert,plead, or raise against the United States in any j fashion, whether by answer,'motion or otherwise, any defense of laches, estoppel,or waiver, or other similar equitable defense based on the running of any statute of limitations or the passage of time during the Tolling Period in any action brought on the Tolled Claims. 4. This Tolling Agreement does not constitute any admission or acknowledgment of any fact, conclusion of law, or liability by any Party to this Tolling Agreement. Nor does this Tolling Agreement constitute any admission or acknowledgment on the part of the United States that any statute of limitations,or similar defense concerning the timeliness of commencing a civil action,is applicable to the Tolled Claims. The United States reserves the right to assert that no statute of limitations applies to any of the Tolled Claims and j that no other defense based upon the timeliness of commencing a civil action is applicable. ;. i 5. This Tolling Agreement may not be modified except in a writing signed by both Parties. The Parties acknowledge that this Tolling Agreement maybe extended for such period of time as the Parties agree to in writing. -- I j i I I 6. It is understood that the United States may terminate settlement negotiations and commence suit at any time, upon provision of written notice to Waterloo. Where the United States elects to terminate negotiations under this Paragraph,the Tolling Period shall continue for the duration set forth in Paragraph 1. Nothing herein shall preclude the commencement of any action by the United States to protect the public health, welfare, or the environment without provision of advance notice. 7. This Tolling Agreement does not limit in any way the nature or scope of any claims that could be brought by the United States in a complaint against Waterloo or the date on which the United States may file such a complaint, except as expressly stated herein. 8. This Agreement is not intended to affect any claims by or against third parties. i 9. Defendant shall preserve and maintain, during the pendency of the Tolling Period, and for a minimum of 90 days after tennination of the Tolling Period, at least one legible copy of all potentially relevant information and other materials subject to discovery under the Federal Rules of Civil Procedure and relating to the Tolled Claims,regardless of any corporate I or document retention policy to the contrary. "Potentially relevant information" includes any tangible thing such as physical materials, documents and electronically stored information. Electronically stored information must be maintained and preserved in its original"native" format. i i 10. This Tolling Agreement is effective upon execution by Waterloo,and without the requirement of filing with the Court,and may be signed in counterparts. i 11. This Tolling Agreement contains the entire agreement between the Parties, and no statement,promise, or inducement made by any Party to this Toiling Agreement that is not set forth in this Tolling Agreement shall be valid or binding, nor shall it be used in construing the terms of this Tolling Agreement as set forth herein. . I. 12. The undersigned representative of each of the Parties certifies that he or she is fully authorized to enter into the terms and conditions of this Tolling Agreement and to legally bind such party to all terms and conditions of this document. This Agreement shall be binding upon the United States, acting on behalf of the United States Environmental Protection Agency, and upon Waterloo and its successors. I r-= i Third Tolling Agreement between U.S.&Waterloo at 2 i i i I i SIGNATURES i The United States,on behalf of the United States EnviromnentaI Protection Agency, consents to the terms and conditions of this Tolling Agreement by its duly authorized representatives on this 25day of _ (V O ye (aQ/� ,2013. Susan M.A rs y Assistant Section Chief Environmental Enforcement Section Environment and Natural Resources Division United States Department of Justice Danica Andes n Glaser j Trial Attom i Environmental Enforcement Section i. Enviroiunent and Natural Resources Division United States Department of Justice II I i i i i i i j ' i Third Tolling Agreement between U.S. &Waterloo at 3 i i Ii F i i Waterloo consents to the terms and conditions of this Tolling Agreement by its j duly authorized representative on this RJ day of ��� �e 2013. By: /F Y .Ernest G. Clark, Mayor City of Waterloo, Iowa I I. j .. I i I i I i I i Third Tolling Agreement between U.S. & Waterloo at 4 I Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-987 RESOLUTION APPROVING THIRD TOLLING AGREEMENT WITH U. S. DEPARTMENT OF JUSTICE, ENVIRONMENT AND NATURAL RESOURCES DIVISION AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Third Tolling Agreement dated November 25, 2013, in conjunction with the City' s sanitary sewer system and wastewater treatment plant, by and between the U. S . Department of Justice, Environment and Natural Resources Division 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 25th day of November, 2013 . Ernest G. Clark, Mayor ATTEST: S, ��,, , q- _tCs_ . Suzy Sc ares, CMC City Clerk CITY OF WATERLOO, IOWA 4---nm___ WASTE MANAGEMENT SERVICES 3505 EASTON AVE. WATERLOO, IA 50702 (319)291-4553 FAX(319)291-4523 • • LARRY N.SMITH SUPERINTENDENT Mayor BUCK Council Communication CLARK City Council Meeting: 11/25/2013 Prepared: 11/14/2013 COUNCIL Dept. Head Signature: MEMBERS # of Attachments: 1 T DAVID JONES SUBJECT: La Porte Road Pumping Station and Force Main City Contract # 847 Ward 1 CAROLYN COLE Submitted by: Larry N. Smith, Superintendent WMS Ward 2 HAROLD Recommended City Council Action: Resolution approving award of bid and contract GETTY to Ricklefs Excavating of Anamosa, Iowa as the lowest responsive bidder for City Ward 3 Contract#847 - La Porte Road Pumping Station and Force Main in the amount of QUENTIN $352,134.00 HART Ward 4 RON Summary Statement: WELPER Ward 5 BOB Expenditure Required: $352,134.00 GREENWOOD At-Large STEVE Source of Funds: Sewer Bonds SCHMITT At-Large Policy Issue: Alternative: Background Information: �I WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer I AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax AC0M Suite 222 Waterloo,Iowa 50703 www.aecom.com November 12, 2013 Mr. Larry Smith Water Pollution Control Superintendent 3505 Easton Avenue Waterloo, Iowa 50703 Subject: La Porte Road Pumping Station and Force Main Waterloo, Iowa City Contract No. 847 AECOM #60279867 Dear Larry, Please find attached for your review a Tabulation of Bids for the above-mentioned project. We have reviewed these bids and find them to be in order. In addition, we had requested the low bidder, Ricklefs Excavating, to submit the attached Statement of Qualifications for review. After review of the bids received, along with review of the Statement of Qualifications, we recommend award of the above contract to Ricklefs Excavating of Anamosa, Iowa, as the lowest responsive bidder, in the amount of Three Hundred Fifty-Two Thousand One Hundred Thirty-Four Dollars ($352,134.00). After final review and approval of award by the City, we will forward contracts to the Contractor for signature. If you have questions or need anything further at this time, please let us know. Yours sincerely, iI AV, Dou as W. Schindel, P.E. Enclosures: As Noted c: Ms. Suzy Schares (w/enclosures) Mr. Eric Thorson (w/enclosures) Mr. Bob Bamsey(w/enclosures) P:\60279867\200_Correspondence\11-11-13 Is La PorteRd Pu mpSta-Award Recom m.docx 0 0 0 0 0 0 0 0 0 0 00 0 < 0 0 0 0 0 0 0 0 0 00 00 c vi o o v o r: o is o vi vi o c r, o o v o0 00 N ry , Ln rn m e O M O O Vl VI a N o0 r` 00 ciLn c U O l0 O o0 M W m V M r, V .--i c C N � V?VL V1 V}V?VY N Vl V1 in V}N In i c m o ', o00000000000oc H lY O O0 O O O O O O O O O O C VI O O 01r-I 1p Q1 O Vl V1 O C r` O O N tf1 O M N .ti l0 W M pl f m M O O d w w O N ...j N 0 0 0 0 0 0 0 0 0 0 0 0 0c O O O O O O O O O O O O o c O O O O O O O O N VI O O O C 7 p oc:, O O 41 N 0 0 0 (3) Ol v) O O C 0 0 00 v1 M a 0 Cl O N M M O F 00 C Ql N VI V N W C l7 O O O oo O O O O O O O O c O O O O O O O O O O O O O41 03 C 0 0 o Ln Vj VI o o Lrl O O O c C "O u o 0 o M 0 0 N Ln to O O N N O N M M m 0_ M N n'1 LD M r-1 N Lf Vf In VT V}V}Vf N V}V?V}N V1 i 0 0 0 0 0 0 0 0 v1 O O o O c O O O V1 0 0 0 0 r` N O O O c No In O -4 V O O O r-1 lD O V1 V1 e N +' r` N V O o0 O V N V) ro N l0 W Lo, V L _ V O n W M w w L C F- U M V1 V1 Oi M r` r; tD m V m ' O "'� T M N Ln V N N W O O OLn O O O O V1 O O O O L h AC O O r` W O O O c x O u a ^ ^ o of vi o o of r` vv om`no c m N Ol O oo N ti N lA lA N V1 VL N V1 W N i/Y In V1 V C O O O O O O O O O O OO O O c (p O O O O O O O O O O O O O C G O O N l0 O O 00 ry 0 0 0 c m Y ' 0 0 0 0 v1 O O Ln O V1 L rp 0 0 0 00 V O O oo .-i ti W of r H rn C U V M 00 N N m N lA lA i//N W to V}Nm Sm. N V}N V}VY L / U y O O O O O OO O O O O O O u a `X 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 m o1 0 0 0 Qi o 0 0 o r U m u O co O N N N O p V Vl oo a` cd v m m ,n ri c N lA lA VY Vl W In V}V}N V}N Vl i �I H O O O co o 0 0 0 0 0 0 0 c O O O O O O O o 0 0 0 0 0 C m Y 00 00 O o 00 0 0 0 0 0 0 U O M , O O o N O o C 0 0 O m o V) ro O M O cD 0 Lf) nN ro rn W N W N f-I N V}N W VY VY N VY V?N V}N t/Y U C E O O O O O O O O O C i W W O O O O O O O O O O O O C v o 0 o vi o vi ' 0 0 0 0 D o r Lo u o o o O v o n o o m 0 , 0 O m N O i/Y to to In VY In � V}to VY Vl Vf In W v oo D_ O O O O O O O O O O O O O C R V o m of m c N W ti C F+ 7 `� N w cl t (n fp J J J J rp N J V U U J W W W u C d � o a LL o U C f ad c -M w In O ` C > u O O N Q U C m W N Vf C ccC 'tot0 d >' > V C CJ .yf'j 76G .cL ^ C W W f` t0 u U W S E LD d O c6 U' C7 V) ut O O m ro oo a u N c z in u c c c u r ro u r ` C Co oo N c c c y� CC m j -r Q C o0 zr N O to Vf r-1 l0 O u � d WN .-1 N M V VI lD r` oo C 1 CD �--I .N-1 .m-I I J U Q m m STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted by the Bidder only upon the specific request of the City of Waterloo,Iowa.) All questions must be answered and the date given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of bidder. 2. Permanent main office address. 3. When organized. 4. If a corporation,when incorporated, 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6, Contracts on hand: (Schedule these,showing amount of each contract and the appropriate anticipated dates of completion.) 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you? If so,where and why? 9. Have you ever defaulted on a contract? If so,where and why? 10. List the more important projects recently completed by your company, stating the approximate cost for each,and month and year completed. 11. List your major equipment available for this contract. 12. Experience in construction work similar in importance to this project. 13. Background and experience of the principal members of your organization,including the officers. 14. Credit available: $ 15. Give bank reference: 16. Will you,upon request,fill out a detailed financial statement and furnish any other information that may be required by the City of Waterloo,Iowa? STATEMENT OF BIDDERS QUALIFICATIONS CONTRACT NO.847 SQ-1 oft 60279867 17. The undersigned hereby authorizes and requests any person,fine,or corporation to furnish any information requested by the City of Waterloo,Iowa,in verification of the recitals comprising this Statement of Bidder's Qualifications. Dated atr�tI L59 All this day of Lovewy� ,2013. 2(CA oil AI (Name of Bidder) j By: -4 1 TitleA- a: ms �rvl - State of :VAU ss: County of A 0 00—- being duly sworn deposes and says that lit is re'e 5�j� -7t- of (Name of Organization) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of Vembet: 2013. bis NANCY RICKLEFS COMMISSION NUMBER 760626 MYCOMMISSIORBPIRES Notary Public ,owl, Z�`--//�5I Nly—commission expires--Z( - — �..., END OF SECTION STATEMENT OF BIDDERS QUALIFICATIONS CONTRACT NO.847 SQ-2 of 2 60279867 RICKLEFS EXCAVATINGLTD. 12536 Buffalo Rd Anamosa, IA 52205 Phone: 319-462-4435 Fax: 319-462-2599 November 7, 2013 RE: La Porte Road Pumping Station and Force Main; Contract No. 847 Waterloo, Iowa STATEMENT OF BIDDER'S QUALIFICATIONS 1. Ricklefs Excavating, Ltd. 2. 12536 Buffalo Road, Anamosa, IA 52205 3. June 1998, incorporated June 1, 2001 4. June 1, 2001 5. 15 years 6. Contracts on Hand a. Colesburg—Div. 2: Wastewater Treatment Plant— 1,830,000.00; Completion: 05/31/14 b. Hiawatha North Center Point Rd Improvements— 1,919,497.80; Completion: 01/01/14 c. Iowa City 1St Ave Storm Sewer Improvements Phase 2 — 1,213,062.00; Completion: 11/30/13 d. Fairfax E. Cemetery Rd. Reconstruction—1,494,307.60; Completion: 12/15/13 e. IDOT/Linn Co. Salvage & Removal—22,600.00; Completion: 12/30/13 f. Cedar Rapids Meiers Ct. NW Drainage Improvements—46,000.00; Completion: 12/06/13 7. Civil construction; grading, roads, installing sewer, water 8. No 9. No 10. Recently Completed Projects a. Palo Water Main Phase 2— 1,767,529.18; Complete November 2013 lI b. West Branch Lift Station & Force Main— 1,016,519.00, Complete November 2013 c. Robins Chester Road Improvements—742,202.15; Complete November 2013 11. Please see attached equipment list 12. Similar Work Experience a. Hiawatha NW Watermain and Sewer Extension —2,856,352.28; Complete July 2012 i. 35 ft. deep Lift Station and 32 ft. deep Lift Station; 8,000 ft. Force Main; 4,000 ft. Gravity Main b. Manchester Northtowne Lift Station — 149,669.55; Complete June 2013 i. The extent of the work involved consists of replacement of existing lift station with new lift station and related subsidiary and incidental work. c. West Branch Lift Station and Force Main— 1,016,519.00; Complete i. 33 ft. deep Lift Station; 4,000 ft. Force Main; Rehab existing lift station 13. Please see attached spreadsheet 14. $1,000,000.00 Line of credit—more available upon request 15. Citizens Savings Bank, Anamosa, IA—Matt Behrends—319-462-3561 16. To be determined upon request [ EI Equipment List- Ricklefs Excavating Equipment Equipment Item No Semi Tractors/Dump Trucks 01-01 1989 Ford Dump Truck 01-07 1995 Red Ford Dump Truck 01-09 2008 Mack Dump Truck 01-11 2006 Sterling Service Truck 01-12 2007 Mack Dump Truck 01-13 2007 Kenworth Semi Tractor 01-15 2006 International 9900 Semi 01-19 2006 Int'l DT 01-23 2000 Sterling DT Green 01-49 2000 Mack Dump Truck 01-93 1993 Mack Semi Tractor Excavators 05-01 2800Q Linkbelt 05-02 4300Q Linkbelt 05-06 210LX Linkbelt 05-07 210x2 Linkbelt 05-08 460LX Linkbelt 05-09 80SB Linkbelt Excavator 05-10 Cat 375 Excavator 05-11 Cat 345 DL Excavator 05-12 240 LX Linkbelt 05-13 Cat 329DL 05-14 210 x2 Linkbelt 05-15 135 MSR LBX Excavator 05-17 CAT 314E LCR Excavator 05-18 Linkbelt 330LX Excavator 05-19 305E CAT Mini Excavator 05-20 350 x3 Linkbelt Excavator Bulldozers 07-04 D6R XW Cat Bulldozer 07-05 D6R LGP Cat Bulldozer 07-06 D6M Cat Bulldozer 07-07 D6N LGP Cat Bulldozer 07-09 D6N LGP Bulldozer Skidloaders 08-01 Mustang MTL25 SL 08-02 TL140SL 08-03 MTL 325 SL 08-04 2076 Mustang SL 08-05 CAT 299C Skidloader 08-06 2004 Mustang 2064 SI 08-07 Mustange 2070 SL 08-08 Mustang 2070 SL 08-09 2056 Mustang SL 08-10 TL240C Takeuchi SL 08-11 2074 Mustang SL Rubber Tire Backhoes 10-01 590 Case Backhoe 10-02 420E IT CAT Backhoe 10-03 420E Cat Backhoe Loader Wheel Loaders 12-01 544H JD WL 12-02 Cat 930G Wheel Loader 12-03 95OF II Cat Wheel Loader Crawler Loaders 13-01 963C Crawler Loader 2004 13-02 963C Crawler Loader Roller Compactors 14-02 840 Champion Roller 14-03 Sheeps Foot 14-04 Cat CP433C Roller 14-05 Cat CP433E Roller 2004 14-06 48" Sheepsfoot 14-07 CAT CB224D Asphalt Compactor 14-08 CS563E CAT Soil Compactor-84" Tractors 15-02 Case IH 7140 15-03 9370 IH Tractor 15-04 JD 9520 Tractor Directional Drills 25-02 Vermeer D36x50I1 Dir. Drill 25-03 F5 DCI Locator Sys for Drill 25-04 MX240 Mixing System for Drill 25-05 MX240 Mixing System for Drill 25-06 1999 Vermeer D7x11A Dir Drill Lifts and Forklifts 26-01 SLA25 Genie Superlift 3 f s ` Years of Present Position or Office in Construction Individual's Name Your Organization Experience Type of Construction In NVIiat Capacity Bockenstedt,Nicholas Pi2e Foreman 6 Excavating,Pipe Operator Brockhohn,Keith Operator 17 ExcavatinE,Concrete Foreman Caspers,Rusty Truck Driver,Operator 32 Excavating Operator Dicken,Matthew Operator 11 Grading and Seeding Operator Egge,Eric Pipe Foreman 27 Underground Utilities Crew Leader,Operator Eggc,Logan Laborer 2 Excavating,Pipe Laborer Ellison,Dennis Mechanic 20 Quarry,Eartlinioving Fabricating,Mechanic Fensternian,Andrew Operator 15 Excavating,Earthwork Operator Haag,Drew Truck Driver 5 Trucking Truck Driver Heasty,Jenna Office Assistant 2 Excavating -Office Assistant Heidt,Rod Concrete Foreman 20 Concrete Concrete Foreman T71olthaus,Mark Truck Driver/Laboer 3 Trucking Truck Driver Kluestier,Todd Operator/Pipe Layer 5 Excavating-Pipe Operator Lan e,Patrick Pipe Layer 30 Excavatio ,Pipe Pipe Layer Maynard,Max Jr. Project Mgr/Estimator 24 General,Bridges Foreman,Project Mgmt Ratlije,Brett Pipe Foreman 25 Excavatio ,Pipe Foreman Ricklefs,Brent Dirt Foreman 15 Earth Moving,Pipe Operator Ricklefs,Br yce President 19 Excavating,Concrete Owner,Manager Ricklefs,Sarah Secretary 12 Excavating Owner,Office Matiaer Roob,Kevin Laborer 31 Concrete Laborer Schaul,Brad Equipment Operator 16 ExcavatiU,Earthwork Operator Young,Derek Laborer 5 Excavating,Concrete Laborer,Truck Driver Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-988 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF CONTRACT TO RICKLEFS EXCAVATING, LTD. OF ANAMOSA, IOWA, IN CONJUNCTION WITH THE LA PORTE ROAD PUMPING STATION AND FORCE MAIN, CONTRACT NO. 847, IN THE AMOUNT OF $352, 134 . 00 . BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the Contract with Ricklefs Excavating, Ltd. of Anamosa, Iowa, in the amount of $352, 134 . 00, in conjunction with the La Porte Road Pumping Station and Force Main, Contract No. 847, described in the plans and specifications heretofore adopted by this Council for said project with Resolution No. 2013-897 after i public hearing on November 4, 2013 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 improvements, said contract not to be binding on the City until approved by this Council. PASSED AND ADOPTED this 25th day of November, 2013 . E nest G. Clark, Mayor i ATTEST: I zy Sc ares, CMC City Clerk CITY OF WATERLOO, IOWA NN'ASTE :MANAGEMENT SERVICES 3505 EASTON AVE. WATERLOO.iA 50702 1319;291-4553 FAX(319)291-4523 s • LARRY N.SMITH SUPERINTENDENT Council Communication �ra,ar City Council Meeting: 11/25/2013 BUCK Prepared: 11/18/2013 CLARK Dept. Head Signature: jn�,:�z 0 # of Attachments:_2 COUNCIL MEMBERS SUBJECT: CIP Sewer Lining West Airline Highway City contract No. 834 ................. DAVID JONJONES ard r Submitted by: Larry N. Smith CAROLYN Recommended City Council Action: Resolution approving completion of project and COLE Fkard release of retainage in the amount of$8,840.05 and final acceptance of work performed by Municipal Pipe Tool Company LLC for the CIP Sewer Lining West Airline Highway HAROLD City Contract No. 834. GE'ITY Ftard 3 QUEM-IN Summary Statement: The Substantial completion date for the project is November 1, HART Fbcud d 2013 and the final construction cost for the project is $176,801.00 RON WELPER Hard j Expenditure Required: $8,840.05 BOB GREENWOOD At-Large Source of Funds: Sewer Bonds STEVE SCHM'F1' At-Large Policy Issue: i Alternative: Background Information: 1 WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer AECOM 319-232-8531 tel 501 Sycamore Street 319-232-0271 fax AZCOMSuite 222 Waterloo,Iowa 507Q3 www.aecom.com November 19, 2013 Honorable Mayor Buck Clark and City Council 715 Mulberry Street Waterloo, Iowa 50703 Subject: Completion Statement 2012 CIP Sewer Lining West Airline Highway City Contract No. 834 AECOM#60249169.10 Dear Mayor and Council: By this letter, we hereby state: 1. We have made a final review of the project and, to the best of our knowledge and belief, based on observations by City personnel and AECOM staff during construction, the Contractor, Municipal Pipe Tool Company, LLC, has performed the work in accordance with the plans and specifications and contract documents in effect for the above-referenced project. 2. The substantial completion date for the project is November 1, 2013. 3. The final construction cost for the project is $176,801.00. FF:= �.,, I hereby certify that this engineering document was prepared by me orE e4 ' under my direct personal supervision and that I am a duly licensed Professional Engineer under the laws of the state of Iowa. 9509 �' ' • IoW A �' ROBERT E. BAMSE 'LF�:E�� Date s/®NAL ``, License No. 9509 My license renewal date is December 31, 2013. Pages or sheets covered by this seal: P:\60249169\200_Correspondence\11-19-13 2012 CIP Sewer Lining-WAirline-ComplStmnt-Contr834.docx AECOM 319-232-6531 tei 501 Sycamore Street 319-232-0271 fax ®COM Suite 222 Waterloo,Iowa 50703 www.aecom.com November 19, 2013 Mr. Larry Smith Water Pollution Control Facility 3505 Easton Avenue Waterloo, Iowa 50702 Subject: 2012 CIP Sewer Lining West Airline Highway City Contract No. 634 AECOM #60249169.10 Dear Larry, Enclosed please find two (2) copies of Pay Estimate No. 4 in the amount of $25,232.00 for work completed on the above-referenced project through October 10, 2013. The project is complete, and this pay estimate reflects all payments except the 5% retainage. We reviewed the quantities and amounts shown on this pay estimate and recommend it for payment. If you have any questions or need additional information in this matter, please let us know. Yours sincerely, Robert E. Bamsey, P.E_ Enclosures: As Noted c: Ms. Suzy Schares (w/enclosure) P:\60249169\200_Correspondence\11-19-13 2012 CIP Sewer Lining-WAirline-Contr834.docx Qmcojooo ac I ap� o 000 oIDu-i mr�n ID o ow 1111 oc o. oo00 oom Nam m p mID w��$c,h cuoi o� auk o 000ti oRdR mom O m m L?D 9 O N �m Init9 N}N 6 Iti ID R1f m tD tD Nv N 'Oi r r Mf fA fA�VA 64 f9 fR(9� fR df(6 d3� 4A Y3 M d}ff} f9 f9 Y3 fR fA Y! f9 V3 fA to O 00 O O Coo 00 O h O COa Lu -N M OQOooaoO OOoO OO.d v O O O 0 us B uN O4I t CF r`d'P V' IDW m N� O OCIDm m �00 a E m o. m c aQ mmgru�NJiR O� ( NNI N NN00 E �a m C ?�Wu•N N� NIri UmE � m` C 6 ri m O m m Z a V m- Q U m O Ca�C 000'0 DO O 000 O O CO O OmN O�O 0 0 O o� C C O O O� O D O 00 m m 0 Dui C>C d 6 ui O to� a O� cc O ui Ci m<i aos(P or�oo o� c m o 000c� Lmm 0 m W O P. O:7 m P O ID m I�✓p O N O m O m i�m m U U P N Oi u) N y7 T O F W � f9 f9 Ni ooc000lo oo c ocrd o 0 0000 v mO C C\C C O O O D O O O O p O O O O N 0QN jroui0 d( dui ui dui of d d dddui J m m sn N NPi, O W- V ID2 t\• m p OO a{� Jm d IDM m N p O OIDm C o10, Q, W to t7 N O.m O PPO'7fm.0�!(N N( O r a mIM N' m N { N 11 t i r N d d d ma_m a �Z mOZZ O aLC NN ° m« UW as �� � Z ¢`moi }rte ®� Irr 2m = i3 $ �l wy d 0 E m Ti 02 J~ t1 Fm-O U I m C �N U V C m m g 3 Q. m g � 2O V ¢ c C m r �'-�5 3 0'o c�°. a �S, Q OlO m @ O 3 m r G G C V C ca (t)c.mn.Vaml�mvNv vmiP0s aamCO �fJv,«a como3 rami a�l�i!ON@ m 2mN2m9 I -tc o�cmffiarcmm zr_e 2 a >. afd j\voiJ!n E Ul U 12 nm ¢ mmNovW`'nmW¢ } Lu sir a: zo z Z d U U T m$ m m y 2 Z a n m U m m m C W mj 0 W C d O W AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax AZCOMSuite 222 Waterloo,Iowa 50703 www.aecom.com V�4� November 19, 2013 C& Honorable Mayor Buck Clark and City Council 715 Mulberry Street Waterloo, Iowa 50703 Subject: Completion Statement 2012 CIP Sewer Lining West Airline Highway City Contract No. 834 AECOM #60249169.10 Dear Mayor and Council: By this letter, we hereby state: 1. We have made a final review of the project and, to the best of our knowledge and belief, based on observations by City personnel and AECOM staff during construction, the Contractor, Municipal Pipe Tool Company, LLC, has performed the work in accordance with the plans and specifications and contract documents in effect for the above-referenced project. 2. The substantial completion date for the project is November 1, 2013. 3. The final construction cost for the project is $176,801.00. � t� E ,, I hereby certify that this engineering document was prepared by me or ••••••`��is��'; under my direct personal supervision and that I am a duly licensed o GENSF®.• Fes' Professional Engineer under the laws of the state of Iowa. 9509 = __ N+ s` ROBERT E. BAMSE Date fill"'11111%,10"° License No. 9509 My license renewal date is December 31, 2013. Pages or sheets covered by this seal: P:\60249169\200_Correspondence\11-19-13 2012 CIP Sewer Lining-WAirline-ComplStmnt-Contr834.docx AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 AZCOM Waterloo,Iowa 50703 www.aecom.com November 19, 2013 Mr. Larry Smith Water Pollution Control Facility 3505 Easton Avenue Waterloo, Iowa 50702 Subject: 2012 CIP Sewer Lining West Airline Highway City Contract No. 834 AEC®M #60249169.10 Dear Larry, Enclosed please find two (2) copies of the Final Pay Estimate for the above-referenced project reflecting the Release of Retainage in the amount of$8,840.05. The project is complete, and payment for the retainage should be approved 30 days after approval of Pay Estimate No. 4. If you have any questions or need additional information in this matter, please let us know. Yours sincerely, Robert E. Bamsey, P.E. - Enclosures: As Noted C'. Ms. Suzy Schares (w/enclosure) P:\60249169200_Correspondence\11-19-13 2012 CIP Sewer Lining-WAirline-FinalPayEst-Contr834.docx J'E TOOL Ct31)iiiPANY LLC R'S PAYMENT REQUEST Estimate No. 5 FINAL Period: From: 10/11/2013 100% Invoice No, To: 10/1112013 -%-Complete Total contract Project: Waterloo,IA#634 pate: 1 011 11201 3 2012 CIP Sewer Lining W Airtime Hwy AECOM#60249169.10 Owner. City of Waterloo Contractor: Municipal Pipe Tool Co„LLC 715 Mulberry Street 515 5th Street-PO Box 398 Waterloo,IA 50703 Hudson,IA 50643-0398 Engineer: AECOM 501 Sycamore Street,Suite 222 PO Box 1497 Waterloo.IA 50704-1497 BASE Bid ITEMS Anticipated: COMPLETED: CITY 1PRICE I ERT PRICE I QTY UNIT COST VALUES 1 12"CIP Sanitary Sewer Linina 12050.00 6,000 OD` 116.3 . 50..00 S 5.815.00 2 10"CIP Sanitary Sewer Lining 2,854!: 2400 68,493.60 1 3,069,9 24.00 IS 73.677.60 3 13"CIP Sanitary Sewer Lining 2,945 21.00 61,845.00 2,955.4 21.00 $ 62,063.40 4 CIP Sanitaia Sewer Service Connections 40 i 100.00 4.000.00, 21 100.00 I$ 2,100.00 5 Seal Precast MH Joints with Water Seal 5 i 475.00 2 375,00 5 475.00 $ 2.375.00 6 Seal Casting Rings to Top of MH 22 45000 9,900.00 i 22 450.00 $ 9,900.00 7 M t&I Barrier Seal(Used Polvrina instead) 12 450.00 5,400-00 1 13, 450.00 $ 5,85000 I 8 Add 12"Barrel Section to MH 10 500.00 5,000.00 1 10 500.00 $ 5,000.00 9 Add 24"Barrel Section to MH 1 575.00 575.00 1 575.00 $ 575.00 10 Add 48"Barrel Section to MH 1.0 675.00 1 675.00 I 675.00,$ 11 MH Adjusting Rings 18 150.00 2,700.00 150.00 $ 12 MH Lid Gasket and Pick Hole Piu Is 23 85.00 ; 1,955.00 22 85.00 1$ 1,870.00 13 Manhole Inflow Dish 12, 250.00 3.000.00: 12 250.00 is 3.000.00 1 14 9"Thick Crushed Stone Base 16 80.00 1,280.00 ' 80.00 $ i 15 StabilizaVon Wx FortIlWrig and Seeding 02 5,o00.a0 1,000.00 0.2 5.000.00'$ 1,000,00 I 16 Rural Mix Fendlizing and Seeding 0,2, 4,000.00 800.00 0.2! 4.000.00 $ 800.00 17 Mulching0.2{ 3,000.00 600.00 1 0.2 3.000.00;$ 600.00 18 Traffic Control 1 1,500.00 1,500.001A 1,500.00 Is 1,500.00 CO#1 R&R New Cone Section&Backfill MH 2-17 1 67500 67500 i 1 0 675.00 's 675.00 ORIGINAL CONTRACT: $ 177,095.60 Total Anticipated $ 177,773.60 Total Completed $ 176,801.00 Less Retained 5% $ 8,888,68 Less Retained $ - Total Anticipated less retain $ 168,884 92 Net Amount Earned $ 176,801.00 Previous Pay Requests 1 $ 99,615.29 2 $ 8,435.81 3 $ 34,577.85 CURRENT CONTRACT �AMOUNT �T$�� (17(7,0)98.60 / 4 HAVE NOT BEEN PAID FOR $ 25,232.00 Accepted by: a l''V tet/Y t C!V Mun'I al Pipe Tool Co.,LLC Total previous pay requests $ 167,960.95 Accepted by:4'1"Y amount due this payment $ 8,640.05 Ity Contract Amount $ 177,773.60 Balance to complete $ R-1C4man--.u..z,E-L, d V1 --�.'�;. ..�.�..��� r(It All 3 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-989 RESOLUTION APPROVING THE RECOMMENDATION OF ACCEPTANCE AS TO WORK AND MATERIALS FURNISHED BY MUNICIPAL PIPE TOOL COMPANY LLC OF HUDSON, IOWA, IN CONJUNCTION WITH THE 2012 CIP SEWER LINING WEST AIRLINE HIGHWAY, CONTRACT NO. 834, ACCEPTING THE WORK, AND RELEASING THE $8, 840. 05 RETAINAGE. WHEREAS, Municipal Pipe Tool Company LLC of Hudson, Iowa, has under contract with the City of Waterloo, Iowa, furnished certain materials and performed labor at a total cost of $176, 801 . 00 in conjunction with the 2012 CIP Sewer Lining West Airline Highway, Contract No. 834, 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 $8, 840 . 05 for the project be hereby released. PASSED AND ADOPTED this 25th day of November, 2013 . /ne'47�GZC*1ark,- Mayor ATTEST : Suzy Schaes, CMC City Cler CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES • 3505 EASTON AVE. WATERLOO,[A 50702 (313)291-4553 FAX(319)291-4523 LARRY N.SMITH SUPERINTENDENT Council Communication :savor City Council Meeting: 11/25/2013 BUCK Prepared: 11/20/2013 CLARK Dept. Head Signature.- a"P" 24W # of Attachments:- 2/---COUNCIL MEMBERS SUBJECT: Supplemental Agreement No.l - WPCF Belt Press Addition City ................... Contract 697 DAVID JONES T 4 and I Submitted by: Larry N. Smith CAROLYN COLE ll-ard 2 Recommended City Council Action: Approval of Supplemental Agreement No. 1 for the addition of electrical upgrades,des heating,ventilating and air conditioning HAROLD improvements to the Belt Filter Press Building and amend the original Professional GETTY [lard_ Service Agreement dated April 24, 2013, QUENTIN HART' Ward d Summary Statement: A Professional Service Agreement was entered into by the City of Waterloo and AECOM Technical Services Inc.dated April 24, 2013 for design and Rr7ONI,I=R bidding services for the addition of a belt press and related equipment and now wishes hard to enter into Supplemental Agreement No. 1 for additional engineering services. BOB GREENWOOD .-i.r-i_arge Expenditure Required: $55,000.00 STEVE SCF IMI17 Source of Funds: Sewer Bonds Policy Issue: Alternative: Background Information: WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax XSuite 222 Waterloo,Iowa 50703 www.aecom.com FF y /t November 20, 2013 r �� Mr. Larry Smith Water Pollution Control Facilities 3505 Easton Avenue Waterloo, Iowa 50703 Subject: Additional Design Services for the Belt Press Addition at the Waterloo WPCF AEC®M#60300979 Dear Larry, Enclosed please find two (2) originals of Supplemental Agreement No. 1 to the above-referenced project. This Supplemental Agreement adds the electrical upgrade and heating, ventilating and air conditioning improvements to the Belt Filter Press Building that we have discussed with you and your staff. Please return one (1)signed copy(original signature)to our office upon approval. If you have any questions or need anything further in this matter, please let us know. Yours sincerely, Robert E. Bamsey, E. Enclosures: As (Voted C___ Ms.Suzy Schares(w/enclosure) ------_-- - P:\60300979\300-Communications\11-20-13 Is SAI-BeltFilter Press.docx AECOM 319-232-6531 tel AXOM 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo,Iowa 50703 www.aecom.com CITY OF WATERLOO WATERLOO EASTON WPCF BELT PRESS ADDITION SUPPLEMENTAL AGREEMENT NO. 9 WHEREAS, a Professional Service Agreement was entered into by the City of Waterloo(Client), 715 Mulberry Street, Waterloo, Iowa, and AECOM Technical Services, Inc. (ATS), 501 Sycamore Street, Suite 222,Waterloo, Iowa,dated April 24,2013,for design and bidding services forthe addition of a belt press and related equipment at the Easton Water Pollution Control Facility(WPCF); and WHEREAS, the Client and ATS now desire to enter into Supplemental Agreement No. 1 to include additional engineering services. NOW THEREFORE, it is mutually agreed to amend the original Professional Service Agreement as follows: I. PROJECT DESCRIPTION This supplemental agreement will include engineering services associated with heating, ventilating and air conditioning (HVAC), and electrical improvements at the sludge filter (dewatering)building (Structure 330)at the WPCF. Il. SCOPE OF SERVICES The Scope of Services for the additional engineering services will include the following: Pleating and !Ventilation Upgrade for Belt Filter Press Room in Dewatering Building No.330: a. Proposed ventilation design improvements will be based on NFPA 820 for dewatering buildings containing gravity belt thickeners and areas containing the storage of dewatered sludge. b. The NEC Area Electrical Classification will remain "Unclassified." C. Design improvements will provide continuous ventilation rate of 6 Air Changes per Hour (ACH) as required in accordance with NFPA 820 Chapter 9 for both the Belt Press Room and Truck Loading Station. Chapter 9.3.3 allows recirculation up to 75 percent of the exhaust air-flow for _ — unclassi€led aid reas, proved that the following criteria are met: 1) The recirculated air and outside airflow rate total is not less than 6 ACH. 2) Recirculation does not occur during occupancy. 3) Recirculation does not occur whenever a combustible gas detector senses a lower explosive limit of 10 percent or greater. d. Air-flow Requirements: 1) Belt Press Room will be designed with ventilation rate of 9,100 CFM outside air. SCO , Fage 2 2) Truck Loading Station will be designed with ventilation rate of 1,900 CFM outside air. e. HVAC Design Improvements will consist of: 1) Demolition plan for removing existing make-up air unit, supply ductwork, outside air louver and gas-fired heaters. 2) Plans and specifications for new 11,000 CFM direct-fired make-up air unit to serve both the Belt Press Room and Truck Loading Station mounted outside at grade(possibly two separate units). 3) Plans and specifications for new supply and return air ductwork distribution layout and supply air grilles. 4) Evaluation of existing exhaust fan capacities and rebalance of air flows, if necessary. 5) Plans and specifications for roof exhaust fan and exhaust hood over new 3rd belt press. 6) Plans and specifications for roof exhaust fan over Truck Loading Station. 7) Plans and specifications for exhaust ductwork layout. 8) Plans and specifications for lesser capacity gas-Fred unit heater for supplemental heat. 9) Specifications for HV controls, including ventilation recirculation during unoccupied hours Secondary Electrical Service Upgrade-Belt Filter Press Room Dewatering Building 330 a. Revise two incoming underground services(main/tie/main)from a 480V,3-phase, 3- wire distribution system to a 277/480V, 3-phase, 4-wire solidly grounded distribution system. b. Revise main service disconnects and MCC power distribution equipment inside building. 1) Electrical Engineer to coordinate design and scope of supply with utility. 2) Electrical Engineer to conduct site visit to meet with Client staff and collect data. Client to provide electrical staff to meet with ATS engineer for one day during investigation. 3) Electrical Engineer to design plan revisions to power distribution system inside and outside building. 4) Prepare specifications for bid documents. Ill. COMPENSATION Compensation for the Services shall be on an hourly basis in accordance with the hourly fees and other direct expenses in effect at the time the services are performed. Total compensation is an estimated fee of Fifty-Five Thousand Five Hundred Dollars ($55,500.00) and shall be integrated with the fees estimated for Part VI of the original agreement. IV. In all other aspects, the obligations of the Client and ATS shall remain as specified in the Professional Services Agreement dated April 24,2013. M Page 3 IN WITNESS WHEREOF,the parties hereto have executed this Supplemental Agreement No. 1 as of the dates shown below: AECOM TECHNICAL SERVICES INC. i BY— ✓r Al Date November 19 2013 i Douglas W. Schind6l, P.E. 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O 0coo Dp :rm G) G) � Dw -n LnCn c N O (CD D 1 0 7 (D v p G) .P N N o (OD O OO r ((DD N O O O O p (P 61 v v J c Ul & Cn & W W W w O O O O cr c O O O O N N N N O O O O O W W W W O O O O v v -4 v r r r r -i -i i D CD p p cn cn (D to W N 501 Sycamore Street,Suite 222•Waterloo,Iowa 50703 (319)232-6531 Fax: (319)232-0271 j Invoice A OM Invoice To: Date: November 12, 2013 Mr. Eric Thorson, P.E. Project Number: 60188622 City of Waterloo 715 Mulberry Street Invoice No: 37392289 Waterloo, Iowa 50703 Your Authorization: Advanced Notice to Proceed Dated November 12, 2010 Professional Services Agreement Dated July 18,2011 Progress Billing: September 28, 2013 through November 8,2013 Storm Water Lift Station Blower's Creek Dry Run Creek �`" `"' Direct Labor $147,274.06 $66,386.12 Indirect Costs $235,638.50 $106,217.81 Direct Expenses $1,847.80 $267.56 Stantec $2,118.00 $200.00 Terracon $3,110.50 $0.00 Fixed Fee $49,778.63 $22,438.50 Total Costs to Date $439,767.49 $195,509.99 Less Previous Billing $439,767.49 $189.035.78 •_ r Amount Due $0.00 $6,474.21 TOTAL AMOUNT DUE $6.474.21 cK -/en �, -Z*1� g>36' Remit to: AECOM Technical Services,Inc 0 1178 Paysphere Circle 0 Chicago,IL 60674 ATTN :ERIC THORSON Invoice Date: 12-NOV-13 CITY OF WATERLOO Invoice Number: 37392289 WATERLOO,IA 50703 Agreement Number: 60188622 Payment Term: 30 DAYS Please reference Invoice Number and Project Number with Remittance Project Number :60188622 Project Name :WAT-Stormwater Pump Stations-Dry Run Creek Bill Through Date :28-SEP-13-08-NOV-13 Labor Multiplier Billed Amt Emolovee Name/Title Title ff- penditure Date Hours Rate Raw Cost 04-OCT-13 15.00 42.80 642.00 Allyn,Todd L Project Professional Allyn,Todd L Project Professional 01- 4.00 42.80 171.20 Bernhardt,Mary E Project Support 04-OCT-13 13 0.50 26.00 13.00 Coselman,Barbara L Project Support 04-OCT-13 3.00 26.00 78.00 Eaton,Steven J Senior Professional 04-OCT-13 4.00 85.95 343.80 Eaton,Steven J Senior Professional 01-NOV-13 4.00 85.95 343.80 Eaton,Steven J Senior Professional 08-NOV-13 3.00 85.95 257.85 Kimball,Daniel D(Dan) Staff Professional 18-OCT-13 2.00 34.50 69.00 Schindel,Douglas W Senior Professional 01-NOV-13 2.00 71.24 142.48 Schindel,Douglas W Senior Professional 08-NOV-13 2.00 71.24 142.48 Total Labor Multiplier 39.50 2,203.61 2,203.61 3,525.78 OverHead Markup Labor CPFF Total 5,729.39 Lump Sum Billed Amt Description 744.82 Fixed Fee Labor Total Lump Sum f44.82 Project Total :WAT-Stormwater Pump Stations 6,474.21 Invoice Summaries 6,474.21 Total Current Amount: 0.00 Retention Amount: 6,474.21 Pre-Tax Amount: 0.00 Tax Amount: 6,474.21 Total Invoice Amount: �/ Board Approval AUDITOR'S COPi Council Approval MINUTES COMMUNITY DEVELOPMENT BOARD MEETING October 15, 2013 The regular meeting of the Community Development Board was held in the City Council Chambers, 715 Mulberry Street, Waterloo, Iowa and called to order by Chairman Eric Johnson at 4:00 p.m. on Tuesday, October 15, 2013. Members present: Gary Rankin, Bob Reisinger, Maxine Tisdale, Jeri Thornsberry, Sajra Vunic and Eric Johnson. Members absent: John Berry. Also present: Rudy Jones, Community Development Director,Nancy Gulick, Community Development Coordinator,Noel Anderson, CPD Director and Ann Northey, Administrative Secretary. A. APPROVAL OF THE AMENDED AGENDA. Chairman Johnson indicated Board packets were mailed prior to the meeting. A new Amended Agenda has been distributed adding New Business Item D4: Subordination request from Veridian Credit Union on forgivable loan at 1133 Oregon Street—Lumpa, Owner. It was moved by Maxine Tisdale and seconded by Gary Rankin to approve the amended agenda. Motion carried. B. APPROVAL OF THE MINUTES FOR THE REGULAR MEETING AND PUBLIC HEARING ON SEPTEMBER 10,2013. Chairman Johnson asked for changes or corrections to the minutes of the last regular meeting and public hearing on September 10, 2013 at the Center for the Arts. It was moved by Bob Reisinger and seconded by Sajra Vunic to approve the minutes of both the regular meeting and public hearing on September 10, 2013 as mailed. Motion carried. C. OLD BUSINESS 1. Single Family Unit Production—Round 2 Update (Dec. 31,2012 extended to Dec. 31, 2013) Chairman Johnson noted all units have been built and we are waiting on one unit to be sold. Rudy Jones indicated there was no new information to report. 2. Single Family Unit Production—Round 3 Update (December 31,2012 extended April 30, 2014). Rudy Jones explained that of the final four units at the Summerland site,two are under construction and about 80% complete. He noted the developer will break ground soon on the remaining two units. We are also working through the final paperwork so they can get started on the five units at the Van Eaton site. Chairman Johnson confirmed the deadline to complete this project has been extended to April 30, 2014. 3. Single Family Unit Production—Round 4 Update (March 15,2013 Extended April 30,2014). Rudy Jones explained the developer at the Summerland site is working on the final design of the road for the remaining units. They probably won't begin until the road is finished. Skogman Homes is making Minutes October 15, 2013 Page 2 progress and will hopefully be installing foundations within the next 30 days. Rooff Development has all units substantially complete at the former Lincoln School Site and they are working on closings. 4. Neighborhood Stabilization Program—Round 3 Update (February 28, 2014). Rudy Jones reviewed some items still remaining on the final punch lists for the three new construction properties built b- Rooff Development. Rudy indicated with each site visit we seem to pick up additional items that need attention or reveal poor workmanship. Rudy reviewed a few of the issues and stated the Rehabilitation staff has been diligent in checking these properties. Rudy explained there were also difficulties with the hydro-seeding and responsibility for watering of the lots after they were seeded. There is also exhaust from the sump pumps directed along the foundations that is not acceptable. Chairman Johnson inquired if any of the work has been completed in the last 30 days. Rudy Jones explained that he has seen no progress. Maxine Tisdale noted at the last meeting it was suggested that staff go back to the manufacturer for some answers. Rudy Jones noted these are modular homes, built at the factory and the final product is finished at the delivery site, such as painting, mechanicals, etc. Chairman Johnson indicated it's been 30 days, has anyone checked the progress? Rudy Jones stated he spoke with Carrie, a representative of Rooff Development, and asked for weekly updates/visits to the site. Rudy noted she would contact him once the punch list items were completed. Rudy noted it has been several weeks since that discussion. Rudy also stated that Noel Anderson and the Mayor did have a conversation with John Rooff about these issues and Noel was planning to visit the site. Chairman Johnson asked Noel Anderson for an update. Noel Anderson stated John Rooff was not available for a visit last week. He is setting up an appointment with him for this week. Chairman Johnson asked that Noel schedule the visit to these properties and get the punch lists narrowed down to get these items done. Bob Reisinger inquired if we were withholding funds from the project until the job was completed? Rudy Jones stated we are paying invoices as items are completed. Chairman Johnson indicated that Noel Anderson should take Mark Boesen out to the site with him to review the progress and give a 30 day deadline to get the work done. If not, then another subcontractor should be hired to finish the job and take it out of the proceeds. We need to get this finalized as the city owns these houses and we are on a deadline to get them sold. Rudy Jones indicated Rick Bauer, the realtor, did not want to begin showing these houses until all the items were complete, as they are very visible and should not be a concern with a new house. Minutes October 15, 2013 Page 3 Considerable discussion continued on other new construction projects and similar issues with this developer. Jeri Thomsberry suggested an official letter be sent to Rooff Development giving them 30 days to complete the work or another contractor would be secured to finish the project. Board members were in agreement. Rudy Jones explained that February 28, 2014 is the deadline for the new construction properties to be obligated under contract. Jeri Thornsberry then commented that the deadline should be changed to 15 days to complete. Chairman Johnson inquired about the terms of the contract, specifically on the hydro-seeding and suggested staff meet with John Rooff as soon as possible to keep this moving along. 5. Tabled action on request to release Forgivable Mortgage on property at 306 Sherman Avenue. Chairman Johnson noted this item was tabled at the last meeting pending an opinion from the City Attorney. There is a set policy and a clause in our mortgage that states we will release a forgivable loan upon the death of a deed holder, at the request of the heirs. Marilyn Wortham, was a non-residing deedholder of the property at 306 Sherman Avenue at her father's death, however, Ms. Wortham did not sign the mortgage document, therefore,the City Attorney determined the release of the mortgage was required. The Chairman declared no further action was required as the mortgage has been released and filed. D. NEW BUSINESS: 1. Endorse Rehabilitation Contracts for September 2013. (Copy attached) Chairman Johnson indicated the report was in the Board packet. Jeri Thomsberry inquired about assistance from several sources for the property at 106 Locust Street. Nancy Gulick explained several sources are required on numerous rehabilitation projects. She indicated HOME funds are used to bring the house up to code, the Lead Grant is used for lead issues and CDBG funds are used for match on the lead issues. It was moved by Jeri Thornsberry and seconded by Gary Rankin to endorse the Rehabilitation Contracts for September 2013. Motion carried. 2. Wintrust Mortgage request to be a participating lender for the DPA Program. Chairman Johnson noted a request has been received from Stacey Folkers of Wintrust Mortgage to be included as a participating lender in the city's Down Payment Assistance program. The Chairman noted that staff has recommended denial of this request. Rudy Jones explained that Wintrust Mortgage does not meet the criteria of being a full service provider and fit the original guidelines of the program. Rudy explained some recent qualification issues with a potential client. Chairman Johnson inquired about the participating lenders and the qualifications. Minutes October 15, 2013 Page 4 Nancy Gulick stated Veridian, U.S. Bank, Wells Fargo, Farmers, Lincoln, stating they have to be a full- service lending institution with a presence in the Cedar Valley. These were the guidelines set up when we started the program. Wintrust is only a mortgage company here. Wintrust became involved with the new construction homes through Iowa Economic Development Authority, and were chosen as the mortgage company for one of the developers. Nancy Gulick stated a number of years ago GMAC mortgage requested participation and they were denied on the same basis. Chairman Johnson inquired about the policy and who set the guidelines and Nancy noted guidelines were approved and set by the Board when the program began. It was moved by Bob Reisinger and seconded by Maxine Tisdale to deny the request from Wintrust Mortgage to become a participating lender. Gary Rankin suggested we review the program guidelines again to broaden the opportunity for all lending companies to participate. Chairman Johnson inquired if these participating lenders were required to hold these loans in house? Rudy Jones stated we do need to revisit the program guidelines, especially with changes in the financial markets. After considerable discussion, the Chairman suggested the Board review the current guidelines of the down payment program before rendering a decision on Wintrust's request. Bob Reisinger withdrew his motion and moved to table discussion until the present policy could be reviewed. Motion seconded by Maxine Tisdale and carried. 3. Approve proposed schedule for the FY2015 Consolidated Plan process. Chairman Johnson indicated the proposed schedule has been submitted for approval. It was moved by Bob Reisinger and seconded by Gary Rankin to approve the FY2015 Consolidated Plan Schedule as presented. Motion carried. Chairman Johnson indicated the subcommittee would be selected at the next meeting. 4. Subordination request from Veridian Credit Union on forgivable loan at 1133 Oregon Street— Lumpa, Owner. Chairman Johnson indicated the amended agenda included the subordination request from Veridian Credit Union on the forgivable loan at 1133 Oregon Street for Jeffrey and Christine Lumpa. After review of the Subordination Request form and discussion of the terms, it appears with the loan security position the city will remain in the third position. It was moved by Bob Reisinger and seconded by Jeri Thornsberry to approve the subordination request from Veridian Credit Union on a new loan for the Lumpa's at 4.99% interest for 10 years in the amount of$28,100.00. Minutes October 15, 2013 Page 5 On roll call: Gary Rankin voted nay. Bob Reisinger,Maxine Tisdale,Jeri Thorsberry, Sajra Vunic, and Eric Johnson voted Aye. The Chairman declared the motion carried. Chairman Johnson requested that staff secure a corrected copy of page 2 on the subordination form, indicating the amount of the proposed new loan positions, as this was omitted from the original fax. E. DISCUSSION ITEMS. Gary Rankin remarked on a previous comment concerning a whirling dervish. The Chairman suggested Googling it. (Urban Dictionary: Whirling Dervish-www.urbandictionary.com (n.) A person whose behavior resembles a rapid, spinning object.) Maxine Tisdale inquired if there were any updates on the contractors mentioned in the last report. Rudy Jones indicated the staff is working to stay on top of these issues. F. ADJOURN MEETING. With no further business to come before the Board, the Chairman adjourned the meeting. Respectfully submitted, Bob Reisinger, Secretary Minutes October 15, 2013 Page 6 September 2013 Contracts signed iananeydtrahab H-02014 r.ha4.aaert•asnlreetrr;onad by_kh CDBG Rehab Program NAME SPECIALIST NUMBER ADDRESSCONTRACT REPAIR CONTRACTOR DATE AMOUNT vainlows,�iDors,rDOf,tuf�shDti+�e Sara&Joshua Dale Jon 1618 106 Locust St r unit,electrical update Brothers /2013 Schae Shepherd 1.1att 1619 1117 Lafayette siding,windows,roo f.wall repairs Si Construction 911 2013 16,603.00 windows,doors,roof, 'Joyce Sutton Jon 1623 237 Mohawk St electrical update ToJo 911712013 26,586.00 windDws,doors,roof,tuWshDwe Jennifer Selleck Jon 1633 317 Hammond r unit,furnace,electrical update Brothers windows,doors,roof,repairing 91182613 1,131.00 walls&ceilings, !Patrice&Derrick Walker Jon 1627 141 Hope Ave electrical update SJ Construction 912412613 12,866.00 Tota I Down Payment Assistance 6 NAME SPECIALIST NUMBER ADDRESSCONTRACT REPAIR Lending Institution DATE iTotal ;Emergency Repairs Program CONTRACT NAME SPECIALIST NUMBER ADDRESS REPAIR CONTRACTOR DATE AMOUNT Sandra Plum Matt 1132 601 Dundee sidewalksteps Rons Construction 913012013 2,143.00 'Keshawn Reed Jon 1134 1687 Golden Valley vanity,tublshOwe r unit Brothers 912712013 4.000.00 J Linda Rasavong Jon 1131 927 N.8th St vanity,tub/shower unit Niedert Construction 91912013 3,991.00 Total $ 10.134.00 ED! Energy Efficiency Program CONTRACT NAME SPECIALIST NUMBER ADDRESS REPAIR CONTRACTOR Schae Shepherd Matt 1619 1117 Lafayette DATE AMOUNT Y see above SJ Construction 5117.2613 13,730.06 Total S 13,730.06 g > < 2 - ? �CD / CL CD k q < J / \ / 0 ? 7 a '(7D cr \ ƒ E O � \ 0 / ) .. m | ƒ 2 g / } ® 2 ! � ° I 2 � M0 . > > e / m (0 --AOD -4 \ ? / o « w = O 9 e I m O 0 41. 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Wf71 VmfnD+o AAmN+m[A Ammco 0O+OV 0 .PA mrNO M WEAO Vt,iI 0A ID t71 m m O++O W+tD O Df 00OO) tt,,it mcD OIt�tD NON pp obpEitOOAA V O (Am W IAmO m OO m O+NNNO m p O O O O O O O O N W j Exhibit"A" Cumulative as of June 30,2013 Project Designation:Rath Tax Increment Redevelopment Area Schedule 1 Indebtedness Qualifying for Tax Increment Reimbursement Under Section 403.19(2) P DATE OF ISSUANCE OR DESCRIPTION OF CUMULATIVE N® EXPENDITURE SOURCE INDEBTEDNESS AMOUNT AMOUNT INCURRED Fund 413 Interest $46,034.00 2003 GO Bonds $4,129,164.44 Rath Area Redevelopment Principal $75,000.00 2004 GO Bonds $4,204,164.44 Fund 414 Interest $32,317.50 2004 GO Bonds $4,236,481.94 Rath Area Redevelopment Fund Principal $61,994.76 2004 GO Bonds $4,298 476.70 _ 414 Taxable From NE Ind.Park Interest $30,268.97 2004 GO Bonds $4,328,745.6 Rath Area Development Fund Principal $6,656.31 2004 GO Bonds $4,335,401.98 414 From NE Ind.Park Interest $3,250.34 2004 GO Bonds $4,338,652.3 State of Iowa BCRLF Loan Principal $280,000.00 State Loan $4,618,652.32 1999 GO Bonds Refinanced-Deduct Old Debt Principal ($44,472.00) 1999 GO Bonds $4,574180.32 _ Service Interest ($16,043.00) 1999 GO Bonds $4,558,137.32 1999 GO Bonds Refinanced-Add New Debt Principal $44,784.00 2007 GO Bonds $4,602,921.3 Service-Fund 407 Interest $12,532.00 2007 GO Bonds $4,615,453.32 Rath Area Redevelopment Fund Principal $150,000.00 2007 GO Bonds $4,765,453.32 407(taxable) Interest $52,301.50 2007 GO Bonds $4,817,754.82 Rath Area Redevelopment Fund Principal $100,000.00 2008 GO Bonds $4,917,754.82 408(taxable) Interest $27,500.00 2008 GO Bonds $4,945,254.82 Rath Area Redevelopment Fund Principal $50,000.00 2009 GO Bonds $4,995,254.82 409(taxable) Interest $11,665.81 2009 GO Bonds $5,006,920.63 Asbestos Removal-Rath Admin Bldg Principal 1 $125,008.37 Advance $5,131,929.00 2001 GO Bond Original Interest-Ref Interest ($11,023.87) 2001 GO Bonds $5,120,905.13 2009 GO Bonds-2001 GO Bonds Ref Interest $7,472.88 2009 GO Bonds $5,128,378.01 Asbestos Removal-Rath Admin Bldg Principal $122,943.56 Advance $5,251,321.5 Secor Economic Dev Grant Principal $104,400.00 Advance $5,355,721.5 Loan Document Preparation Principal $9,764.34 Advance $5,365,485.91 CMC Site Purchase Principal $155,019.00 Advance $5,520,504.91 Rath Area Redevelopment Fund Principal $350,000.00 2010 GO Bonds $5,870,504.91 410(taxable) Interest $67,122.08 2010 GO Bonds $5,937,626.9 Rath Public Works Building-Fund 410 Principal $700,000.00 2010 GO Bonds $6,637,626.99 (exempt) Interest $93,209.08 2010 GO Bonds $6,730,836.0 2002 GO Bonds Refinanced-Deduct Old Debt Principal $15183.76 2002 GO Bonds $6,715,652.31 Service Interest ($2,797.01) 2002 GO Bonds $6,712,855.30 2002 GO Bonds Refinanced-Add New Debt Principal $15,390.68 2010 GO Bonds $6,728,245.98 Service-Fund 410 Interest $1,450.53 2010 GO Bonds $6,729,696.51 625 Glenwood Acquisition Principal $355.00 Advance $6,730,051.51 BCRLF Transfer Principal $280,000.00 Advance $7,010,051.51 Secor RR Spur FY11 Principal $99,111.32 Advance $7,109,162.83 123 Stanley Acquisition FY11 Principal $359,459.00 Advance $7,468,621.83 Secor RR Spur FY12 Principal $94,776.85 Advance $7,563,398.68 123 Stanley Acquisition FY12 Principal $100,000.00 Advance $7,663,398.68 1823 Black Hawk St Acquisition FY12 Principal $12,237.92 Advance $7,675,636.60 Secor RR Spur FY13 Principal $17,999.81 Advance $7,693,636.41 2004 GO Bonds Refinanced(Fund 414)-Deduct Principal ($40,000.00) 2002 GO Bonds $7,653,636.41 Old Debt Service Interest ($10,355.00) 2002 GO Bonds $7,643,281.41 2004 GO Bonds Refinanced(Fund 414)-Add New Principal $40,000.00 2010 GO Bonds $7,683,281.41 Debt Service-Fund 411 Interest $5,560.56 2010 GO Bonds $7,688,841.97 2006 GO Bonds Refinanced(Fund 406)-Deduct Principal ($315,000.00) 2006 GO Bonds $7,373,841.9 Old Debt Service Interest ($87,547.52) 2006 GO Bonds $7,286,294.45 2006 GO Bonds Refinanced(Fund 406)-Add New Principal $315,000.00 2013 GO Bonds $7,601,294.45, Debt Service-Fund 413(FY13) Interest $26,047.801 2013 GO Bonds $7,627,342.25 2003 GO Bonds Refinanced and 413 -Deduct Principal ($54,851.41)1 2006 GO Bonds $7,572A90.841 Exhibit"A" Cumulative as of June 30,2013 Project Designation:Rath Tax Increment Redevelopment Area Schedule 1 Indebtedness Qualifying for Tax Increment Reimbursement Under Section 403.19(2 DATE OF ISSUANCE OR DESCRIPTION OF CUMULATIVE NO SOURCE INDEBTEDNESS AMOUNT EXPENDITURE AMOUNT INCURRED Old Debt Service Interest ($5,749.00) 2006 GO Bonds $7,566,741.84 2003 GO Bonds Refinanced(Fund 413)-Add New Princi al 54 851.41 2013 GO Bonds $7,621,593.25 Debt Service-Fund 412 12) Interest $1538.19 2013 GO Bonds $7,623 131.44 Rath Area Redevelopment Fund 1 Principal $370,000.00 2013 GO Bonds $7,993,131.44 413(taxable) Interest $49,279.11 2013 GO Bonds $8,042,410.5511 EXHIBIT"B" Cumulative as of June 30, 2013 Project Designation: Rath Tax Increment Redevelopment Schedule 2 Indebtedness Qualifying for Tax Increment Reimbursement Under Section 403.19(2) Amount Received from Year Payments under Sec. Other Revenue No. Received 402.12(2) Received Cumulative Amount 1 FY 1992 $0.00 $0.00 2 FY 1993 $0.00 $0.00 3 FY 1994 $0.00 $0.00 4 FY 1995 $0.00 $0.00 5 FY 1996 $22,881.52 $22,881.52 6 FY 1997 $24,374.46 $47,255.98 7 FY 1998 $24,812.00 $72,067.98 8 FY 1999 $44,009.63 $116,077.61 9 FY 2000 $43,454.87 $159,532.48 10 FY 2001 $90,959.54 $250,492.02 11 FY 2002 $171,794.01 $422,286.03 12 FY 2003 $199,314.21 $621,600.24 13 FY 2004 $195,574.51 $817,174.75 14 FY 2005 $273,005.03 $1,090,179.78 15 FY 2006 $243,503.71 $1,333,683.49 16 FY2007 $389,654.09 $38,456.17 $1,761,793.75 17 FY2008 $395,139.29 $14,337.72 $2,171,270.76 18 FY2009 $569,358.38 $5,156.91 $2,745,786.05 19 FY2010 $574,520.69 $1,620.21 $3,321,926.95 20 FY2011 $558,081.89 $1,597.28 $3,881,606.12 21 FY2012 $540,285.80 $0.00 $4,421,891.92 22 FY2013 $401,074.75 $0.00 $4,822,966.67 231 FY2014* $397,542.00 $5,220,508.67 * estimated Values Prepared by MWeidner 11/12/2007 Project Designation: Rath Tax Increment Redevelopment Area June 30,2013 Total Expenses Certified $8,042,410.55 Less: Total Revenue Certified through 6/30/2013 $4,822,966.67 Net Revenue Certified $4,822,966.67 Net Obligation Certified as of 6/30/2013 $3,219,443.88 FYE14 Revenue Estimate $397,542.00 Net Projected Obligation for FYE14 Budget Year $2,821,901.88 Net Obligation Certified at 6/30/2012 $3,248,950.24 Add: Current Year Debt Activity Secor RR Spur $17,999.81 $17,999.81 2013 G.O. Bonds (Taxable) $419,279.11 $419,279.11 Refinanced Bonds Principal Interest 2013D $315,000.00 $26,047.80 $341,047.80 2003A(2012A) $54,851.41 $1,538.19 $56,389.60 Current Year Rebate Adjustments: Prior Yr Current Yr $0.00 $0.00 $0.00 $834,716.32 Less: Current Year PPEL $0.00 Current Year Interest Earnings $0.00 Current Year Rebate Adjustments: Prior Yr Current Yr $0.00 Refunded Bonds Principal Interest 2006B (2013D) ($315,000.00) ($87,547.52) ($402,547.52) 2003A ($54,851.41) ($5,749.00) ($60,600.41) ($463,147.93) TIF Revenue Adjustment from Prior Year Estimate to Actual $540,285.80 $401,074.75 $139,211.05 Subtract Current Year Revenue Estimate Reported Previously ($540,285.80) Net Obligation Certified as of 6/30/2013 $3,219,443.88 Rath TIF Schedule 13.xls Net Certified FY2013 Prepared by MWeidner 11/12/2007 Variance $0.00 Reconciliation to TIF Indebtedness/Increment Tax Reconciliation from BHC Net Obligation Certified as of 6/30/2011 (from above) $3,219,443.88 FYE2011 Projected Revenue per BHC 12/3/2010 ($565,967.00) FYE2012 Projected Revenue per BHC 12/3/2010 ($555.039.00) Projected TIF Indebtedness Remaining at end of next fiscal year Per BHC TIF Tax Reconciliation $2,098,437.88 FYE2011 Projected Revenue per BHC 12/3/2010 ($565,967.00) Per City FYE2011 Budget $397,542.00 Variance ($168,425.00) Rebates certified of$838,829 for properties that have still not met minimum assessments. Still have obligations of$2.3 million without those, so can still certify for all taxes for FYE2013. Rath TIF Schedule 13.xls Net Certified FY2013 Exhibit "A" 06/30/2006® Annual Project Designation: Rath Tax Increment Redevelopment Area Schedule 1 Indebtedness Qualifying for Tax Increment Reimbursement Under Section 403.19(2) DATE OF ISSUANCE OR SOURCE DESCRIPTION OF CUMULATIVE NO EXPENDITURE INDEBTEDNESS AMOUNT AMOUNT INCURRED Crystal II Fund 406 Principal $450,000.00 G.O. Bonds $450,000.00 Interest $252,561.30 G.O. Bonds $702,561.30 Crystal I1 Rebate 50% 2009* $58,500.00 Tax Rebate $761,061.30 50% 2010* $58,500.00 $819,561.30 50% 2011* $58,500.00 $878,061.30 50% 2012* $58,500.00 $936,561.30 50% 2013* $58,500.00 $995,061.30 50% 2014* $58,500.001 $1,053,561.30 50% 2015* $58,500.00 $1,112,061.30 50% 2016* $58,500.00 $1,170,561.30 50% 2017* $58,500.00 $1,229,061.30 50% 2018* $58,500.00 $1,287,561.30 50% 2019* $50,588.00 $1,338,149.30 50% 2020* $58,500.00 $1,396,649.30 Powers 100% 2009* Principal $46,800.00 Tax Rebate $1,443,449.30 80% 2010* $37,440.00 $1,480,889.30 60% 2011* $28,080.00 $1,508,969.30 50% 2012* $23,400.00 $1,532,369.30 50% 2013* $23,40 .00 $1,555,769.30 CVRD 80% 20091 Principal $22,464.00 Tax Rebate $1,578,233.30 70% 2010* $19,656.00 $1,597,889.30 60% 2011* $16,848.00 $1,614,737.30 50% 2012* $14,040.00 $1,628,777.30 40% 2013* $11232.00 $1,640,009.30 40% 2014* $ 1,232.001 $1,651,241.30 30% 2015* $5,424.00 $1,656,665.30 30% 2016* $5,424.00 $1,662,089.30 20% 2017* $5,616.00 $1,667,705.30 20% 2018* $5,616.00 $1,673,321.30 *Estimated s Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-1002 RESOLUTION AUTHORIZING CERTIFICATION TO THE COUNTY AUDITOR THE CITY' S EXPENDITURES THAT QUALIFY FOR REIMBURSEMENT FROM THE TAX INCREMENT FUND IN THE SAN MARNAN TAX INCREMENT DISTRICT. WHEREAS, the Code of Iowa allows the City to collect taxes within a certain geographical district to be deposited in a "Tax Increment Financing Fund", and WHEREAS, certification of the City' s expenditures within said district must be made to the County Auditor on a yearly basis . NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City Clerk be instructed to certify to the County Auditor all expenditures of the City that qualify for reimbursement from the Tax Increment Fund in the San Marnan Tax Increment District, as indicated in attached Exhibit "A" and Exhibit "B", be and the same are hereby approved. PASSED AND ADOPTED this 25th day of November, 2013 . Ernest G. Clark, Mayor ATTEST: I I. --stc,� zy Shares, CMC City C erk EXHIBIT"A" --- June 30,2013 -- Pro'ect Desi nation:San Martian Tax Increment Development Area_ _- Schedule 1 __ --- Indebtedness Qualifying for Tax Increment Reimbursement Under Section 403.19(2)No. Date Of Issuance Source Description of Indebtedness Cumulative or Expenditure Amount AMOUNT INCURRED Land Acquisition FY 1999 $548,856.00 Contract debt $548,856.00 Interest FY 02 $106,427.98 $655,283.98 Interest FY 03 $42,502.01 $697,785.99 Interest FY 04 $16,795.35 $714,581.34 Interest FY 05 $11,094.86 $176,820.20 Interest FY 06 $12,570.24 $82,962.46 Interest FY 07 $12,303.70 $52,764.15 Interest FY 08 $7 665.09 $758.215.23 Road FY 1999 Recording Fees FY 99 Principal. $2,373.60 G.O.Bonds $760,588.83 Design&Construction Eng. Principal $15,419.70 G.O.Bonds $776,008.53 Construction of Rd&Sewer Principal $78,364.41 G.O.Bonds $854,372.94 Financing FY 98-00 Interest $64,919.28 G.O.Bonds $919,292.22 GMAC Tax Rebates Principal TIF Rebate 75%2003 $126,460.50 $1,045,752.72 60%2004 $121,497.60 $1 167 250.32 45%2005 $105,821.10 $1,273,071.42 30%2006 $72,557.49 $1,345,628.91 15%2007 $31,691.70 $1.377.320.61 VGM Tax Rebates Principal TIF Rebate 501/12009 $50,788.00 $1,428,10 .61 So^i 2010 $152,742.00 $1,580,850.61 501/.2011 $102,094.00 $1,682,944.61 501/62012 $101,146.00 $1,784,090.61 50%2013 $111,138.00 $1.895228.61 CV Medical HQ Principal TIF Rebate 50//2009 $117,232.07 $2,012,460.68 50%2010 $86,068.00 $2,098,528.68 501/6 2011 $86,186.00 $2,184,714.68 501/62012 $55,455.01 $2,240,169.69 50%2013* $0.00 $2.240 169.69 WW Grainger,Inc. $2,240,169.69 1001%2012 $186.234.00 $2,426,403.69 1001/6 2013 $193,342.00 $2,619,745.6 100112014* $180,624.0 $2 800 369.69 100112015* $180,624.00 $2,980,993.69 100%2016* $180.624.00 $3,161,617.69 1001%2017* $180,624.00 $3 342 241.69 49%2018* $88,506.00 $3,430,747.69 747.69 Financial Resource Advisors Principal TIF Rebate $3 430 747.69 100%2012 $74,596.00 $3,505,343.69 100%2013 $72,824.00 $3.578.167.69 100%2014* $68,034.00 $3,646,20 .69 100%2015* $68,034.00 $3,714,235.69 100%2016* $68,034.00 $3 782 269.69 100%2097* $68,034.00 $3,850,303.69 52%2018* $35,378.0 $3 885 681.69 Cardinal Medical Office Principal TIF Rebate 100%2013 $100.128.00 M$3.985.809.691691001/6 2014* $46 216.00 69100%2015* $46 216.00 69100%2016* $46 216.00 69100%2017* $46 216.00 .691001/62018* $46 216.00 .69 80%2019" $36 972.00 $4,253,861.69 MBAK Principal TIF Rebate 1001/6 2014* $57,124.00 $4,310,985.69 100*%2015* $57,124.00 $4368.109.69 100%2016* $57,124.0 $4,425,211691 EXHIBIT"A" June 30,2013 Project Designation:San Marnan Tax Increment Development Area _ -Schedule 1 Indebtedness Qualifying for Tax Increment Reimbursement Under Section 403.19(2) -— — 10o 2017* $57,124.00 $4,482,357.69 100%2018* $57,124.00 $4,539,481.69 100%2019* $57,124.00 $4,596,605.69 100%2020* $57,124.00 $4,653,729.69 36'/.2021- $20,564.00 $4,674,293.69 Cardinal Veterans Clinic Principal TIF Rebate 89%2014* $56,326.00 $4,730,619.69 89%2015* $56,326.00 $4,786,945.69 89%2016* $56,326.00 $4,843,271.69 89%2017* $56,326.00 $4,899,597.69 89%2018* $56,326.00 $4,955,923.69 89%2019* $56,326.00 $5,012,249.69 -- 89%2020* $56,326.00 $5,068,575.69 89%2021* $56,326.00 $5,124,901.69 89%2022* $56,326.00 $5,181,227.69 89%2023* $56.326.00 $5,237,553.69 MFGC LLC Principal TIF Rebate 72%2016* $31,228.00 $5,268,781.69 71%2017* $30,794.00 $5,299,575.69 71%2018* $30,794.00 $5,330,369.69 71%2019* $30,794.00 $5,361,163.69 71%2020* $30,794.00 $5,391,957.69 71%2021* $30,794.00 $5,422,751.69 71%2022* $30,794.00 $5,453,545.69 71%2023* $30,794.00 $5,484,339.69 71%2024* $30,794.00 $5,515,133.69 71%2025* $30,794.00 $5,545,927.69 CBE Land Purchase Principal $740,000.00 2005 GO Bonds $6,285,927.69 Interest $245,900.00 2005 GO Bonds $6,531,827.69 VGM Access Road Principal $600,000.00 2005 GO Bonds $7,131,827.69 Interest $197,330.00 2005 GO Bonds $7,329,157.69 VGM Fund 406-FY2006 Principal $400,000.00 2006 GO Bonds $7,729,157.69 Interest $223,315.02 2006 GO Bonds $7,952,472.71 San Marnan Development Principal $100,000.00 2007 GO Bonds $8,052,472.71 Fund 407 FY2007 Interest $35,153.50 2007 GO Bonds $8,087,626.21 San Marnan Development Principal $200,000.00 2008 GO Bonds $8,287,626.211 Fund 408 FY2008 Interest $59,000.00 2008 GO Bonds $8,346,626.21 San Marnan Development-Fund Principal ($280.000.001 2006 GO Bonds $8,066,626.21 406 -Refund old Debt Interest (576-862.50) 2006 GO Bonds $7,989,763.71 San Marnan Development-Fund Principal $280,000.001 2013 GO Bonds $8,269,763.71 413 -Refinance 406 Funds Interest $23,153.60 2013 GO Bonds $8,292,917.31 San Marnan Development-Fund Principal (_S_',55_000()()) 2005 GO Bonds $7,937,917.31 405 -Refund old Debt Interest (S66.865-00) 2005 GO Bonds $7,871,052.31 San Marnan Development-Fund Principal $355,000.00 2012 GO Bonds $8,226,052.31 412 -Refinance 406 Funds Interest $35,569.00 2012 GO Bonds $8,261,621.31 San Marnan Development-Fund Princi al (5115 000.00) 2005 GO Bonds $7,816,621.31 405 -Refund old Debt Interest (%81.160.00) 2005 GO Bonds $7,732,461.31 San Marnan Development-Fund Principal $445,000.00 2012 GO Bonds $8,177,461.31 412 -Refinance 406 Funds Interest $44,575.97 2012 GO Bonds $8,222,037.28 Fund 407-Reallocated from Principal $19,140.80 2007 GO Bonds $8,241,178.08 Logan Ave Interest $6,786.57 $8,247,964.65 Fund 407-Reallocated from Princi al $48,071.35 2007 GO Bonds $8,296,036.00 Martin Rd Interest $17,044.18 $8,313,080. 8 Fund 408-Reallocated from Principal $75,000.00 2008 GO Bonds $8,388,080.18 Logan Ave Interest $23,750.00 $8,411,830.18 Fund 408-Reallocated from Principal $80,000.00 2008 GO Bonds $8,491,830.18 Martin Rd Interest $25,000.00 $8,516,830.18 L&H Farms Advance $439,179.20 Advance $8,956,009.38 Dry Run Sewer Study(FY10) Advance $19.69 Advance $8 956 029.07 Dry Run Sewer Study(FY11) Advance $9,539.75 Advance $8,965,568.82 L&H Farms Advance $751,943.25 Advance $9,717,512.07 Env.Site Assessment Advance $5,999.28 Advance $9 723 511.35 FY12 GCVA Principal $16,167.00 Contract $9,739,678.35 FYI GCVA Principal $24,000.00 Contract $9,763,678.35 L&H Farms Advance $334,109.50 Advance $10,097,787.85 *Estimated l EXHIBIT "B" June 30 2013 Project Designation: San Marnan Tax Increment Development Area Schedule 2 Indebtedness Qualifying for Tax Increment Reimbursement_ Under Section 403.19(2) No. Year Received Amount Other Revenue Cumulative Amount Received from Received Payments under 1 FY 1997 $0.00 $0.00 2 FY 1998 $0.00 $0.00 3 FY 1999 $0.00 $0.00 4 FY 2000 $0.00 $0.00 5 FY 2001 $0.00 $0.00 6 FY 2002 $115,934.72 $115,934.72 7 FY 2003 $146,872.14 $180,000.00 $442,806.86 8 FY 2004 $177,843.34 $620,650.20 9 FY 2005 $205,851.80 $826,502.00 10 FY2006 $214,330.06 $1,040,832.06 11 FY2007 $199,764.79 $6,118.47 $1,246,715.32 12 FY2008 $395,258.07 $10,724.47 $1,652,697.86 13 FY2009 $690,161.90 $1,252.06 $2,344,111.82 14 FY2010 $715,267.61 $943.98 $3,060,323.41 15 FY2011 $898,340.12 $353.67 $3,959,017.20 16 FY2012 $1,057,234.37 $995.06 $5,017,246.63 17 FY2013 $1,240,893.60 $345.77 $6,258,486. 18 FY2014* $1,1505340.00 $7,408,826.00 *Estimated Prepared by MWeidner 11/12/2007 Project Designation: San Marnan Tax Increment Development Area June 30,2013 Total Expenses Certified $10,097,787.85 Less: Total Revenue Certified through 6/30/2013 $6,258,486.00 Net Revenue Certified $6,258,486.00 Net Obligation Certified as of 6/30/2013 $3,839,301.85 FYE14 Revenue Estimate $1,150,340.00 Net Projected Obligation for FYE14 Budget Year $2,688,961.85 Net Obligation Certified at 6/30/2012 $3,697,221.75 Add: Current Year Debt Activity Greater Cedar Valley Alliance $24,000.00 L&H Farms Advance $334,109.50 New Bonds Issued Principal Interest 2013D (2006B) $280,000.00 $23,153.60 $303,153.60 2012B (2005A) $355,000.00 $35,569.00 $390,569.00 2012C (20058) $445,000.00 $44,575.97 $489,575.97 Bonds Reallocated - Logan Ave Principal Interest Fund 407 $19,140.80 $6,786.57 $25,927.37 Fund 408 $75,000.00 $23,750.00 $98,750.00 Bonds Reallocated - Martin Rd Principal Interest Fund 407 $48,071.35 $17,044.18 $65,115.53 Fund 408 $80,000.00 $25,000.00 $105,000.00 Current Year Rebate Adjustments: Prior Yr Current Yr Cardinal Medical Office $344,474.00 $368,180.00 $23,706.00 VGMD $507,916.00 $517,908.00 $9,992.00 Cardinal Veterans Clinic $0.00 $563,260.00 $563,260.00 MFGC, LLC $0.00 $308,374.00 $308,374.00 Less: Current Year PPEL $0.00 Current Year Interest Earnings ($345.77) Current Year Rebate Adjustments: Prior Yr Current Yr Financial Resource Advisors $476,584.00 $454,934.00 ($21,650.00) San Marnan TIF Certification Schedule 13.x1s Net Certified FY2013 Prepared by MWeidner 11/12/2007 MBAK $431,028.00 $420,432.00 ($10,596.00) WW Gainger $1,208,658.00 $1,190,578.00 ($18,080.00) Bonds Refunded Principal Interest ($280,000.00) ($76,862.50) ($356,862.50) VGM ($355,000.00) ($66;865.00) ($421,865.00) CBE ($445,000.00) ($84,160.00) ($529,160.00) TIF Revenue Adjustment from Prior Year Estimate to Actual $1,057,234.37 $1,240,893.60 ($183,659.23) Subtract Current Year Revenue Estimate Reported Previously ($1,057,234.37) Net Obligation Certified as of 6/30/2013 $3,839,301.85 Variance $0.00 Reconciliation to TIF Indebtedness/Increment Tax Reconciliation from BHC Net Obligation Certified as of 6/30/2010 (from above) $3,839,301.85 FYE2011 Projected Revenue per BHC 12/3/2010 ($898,131.00) FYE2012 Projected Revenue per BHC 12/3/2010 ($1,047,090.00) Projected TIF Indebtedness Remaining at end of next fiscal year Per BHC TIF Tax Reconciliation $1,894,080.85 FYE2011 Projected Revenue per BHC 12/3/2010 ($898,131.00) Per City FYE2011 Budget $1,150,340.00 Variance $252,209.00 San Marnan TIF Certification Schedule 13.xls Net Certified FY2013 CITY OF WATERL009 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 Mayor Council Communication BUCK City Council Meeting: November 25 20 CLARK Prepared: November 18, 2013 Dept. Head Signature: _________ COUNCIL # of Attachments: MEMBERS ................... SUBJECT: Request to preliminarily approve plans, specifications, form of contract, DAVID etc., set a date of public hearing, and publish an official notice pertinent to the JONES Ward I taking of bids and request to receive and open the proposals for the Request for Proposal for Demolition and Site Clearance Services (no regulated asbestos- CAROLYN containing materials) for 217-219 Jefferson Street and 300 W. 3rd Street. COLE Ward 2 Submitted by: Noel Anderson, Community Planning& Development Director HAROLD GETTY Recommended City Council Action: Preliminary approval of the plans, Ward 3 specifications, forms of contract, etc. and set a date of hearing and bid opening as QUENTIN December 9, 2013. HART Ward 4 Summary Statement: Once demolished these properties will become parking lots for RON the Cedar Valley Sport Plex-. The asbestos abatement contract for these properties WardWELPER has recently been let and should be completed by December 30th. Staff is now preparing for demolition of the structures. BOB GREENWOOD Expenditure Required: to be determined At-Large STEVE Source of Funds: G.O. SCHMITT At-Large Policy Issue: Cedar Valley Sports-flex Alternative: N/A Background Information: ccNoel Anderson,Community Planning&Development Director Aric Schroeder,City Planner CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Printable Map Output Page 1 of 1 Black Hawk County Parcel Map Parcel ID: 913-26-210-005 Deed Holder: OPERATION THRESHOLD Parcel Address: 000 W 3RD ST, WATERLOO, IA 50701 3 Aw L t.e9�rKl I 4 '1' } '" •'k A'�Ot* setec.a wrceiaim rR. 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Q e a Black Hawk County,Iowa Map Disclaimer:This map does not represent a survey.No liability is assumed for the 316 East 5th Street accuracy of the data delineated herein,either expressed or implied by Black Hawk County, Waterloo,Iowa 50703-4774 the Black Hawk County Assessor or their employees.This map is compiled from official Phone:(319)833-3002 records,including plats,surveys,recorded deeds,and contracts,and only contains Fax:(319)833-3070 information required for local government purposes.See the recorded documents for more E-mail:auditor co.black-hawk.ia.us.ordetailed legal information. http://www2.co.black-hawk.ia.us/servlet/com.esri.esrimap.Esrimap?ServiceName=bhov... 11/18/2013 Black Hawk County Property Photos Page 1 of 1 There are 2 photos of parcel 891326210005. Click a number to see an image: - a > http://www2.co.black-hawk.ia.us/website/bhmap/bhParlmages.asp?apn=891326210005&... 11/18/2013 Black Hawk County Property Photos Page 1 of 1 There are 2 photos of parcel 891326210005. Click a number to see an image: 1 2 r� j r v 19 # �wwr http://www2.co.black-hawk.ia.us/website/bhmap/bhParlmages.asp?apn=891326210005&... 11/18/2013 Black Hawk County Detailed Parcel Report Page 1 of 3 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID eed Holder ax Mail to Address 8913-26-210-005 PERATION THRESHOLD OPERATION THRESHOLD PO BOX 4120 PDF No.11viap Area ontract Bu er ATERLOO, IA 50704-4120 13 WATERLOO-C l - I Property Address Current Recorded Transfer 300 W 3RD ST Date Drawn jDate Filed Recorded Document rype WATERLOO, IA 50701-0000 /9/1988 /23/1988 JCLD 600071 ID SALES BUILDING PERMIT None11/23/2007 ate Number mount eason 2/19/2007 WA 03390 7,980 Misc 0/11/2007 WA HA 1264 1,885 C WA HA 0126 4,000 Furnace /1/2006 IWA HA 1497 11,158 Furnace ASSESSED VALUESICREDITS Year IClass 2013 E 100% Land Dwelling Building M/E ITotal cres alue 101,920 10 304,040 10 405,960 10 axable Land IDwelling IlBuildinM/E otal alue 101,920 10 10 05,960 Year lClass 012 JE 100% Land Dwellin Buildin M/E ITotal cres slue 1101,920 10 1304,040 10 1405,960 10 axable Land -IDwelling IlBuildingM/E otal slue 1101,920 10 1304,040 10 K05,960 Year Class 2011 E 100% Land IDwelling JEuildin M/E ITotal cres Value 101,920 0 1304,040 10 405,960 10 Taxable Land -- IDwelling IBuildingM/E otal Value 101,920 10 1304,040 10 05,960 TAX INFORMATION ASSESSMENT YEAR 2012 PAYABLE 2013/2014 Tax 941041 -WATERLOO RIVERFRONT UR TIF District Gross Value ITaxable Value Military Exemption Levy Rate Gross Tax Net Tax Corp0 0 40.61203 $0.00 1$0.00 Nocorp 0 0 0 $0.00 Homestead Disabled Veteran Property Tax Relief Ag Family Farm Credit Credit Credit Credit Credit Corp $0.00 $0.00 $0.00 $0.00 $0.00 Nocorp P0.00 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891326210005 11/18/2013 Black Hawk County Detailed Parcel Report Page 2 of 3 LEGAL ORIGINAL PLAT WATERLOO WEST LOT 1 BLK 14 LOT 2 BLK 14 SE 40 FT LOT 3 BLK 14 LANG Basis Front Rear Side 1 Side 2 Lot Area Acres Front 140 140 160 160 0 22400 0.514 Foot otals: 22400 0.514 COMMERCIAL BUILDINGS AND ADDITIONS Type IDescription IYear Built jArea tories Office-General JBLDG 1 11928 111970 11 Style Brick/ Blk- Frame Additional Base Square Feet 11,970 Information Basement Square Feet 400 GBA Square Feet 15970 Item Quantity Sink-Kitchen 1 Plumbing Toilet Room Water Closet 1 Urinal -Wall 11 Item uantit djustmen Interior- no finish L340 Extras Description Item Count Extended Description Door 1 ___]O.H. Door- Manual, 8 Ft Wide, 10 Ft High Description ize Ftr& Fdtn Concrete : LF Exterior Wall Brick on Block- : LF Exterior Wall C'Blk or Tile - : LF Interior Wall Drywall or Equiv : LF Windows Incl. w/ Base : LF of Wall Fronts/Doors Incl. w/ Base : LF Verticals & Basement Excavation, Floor, Li 00: SF Horizontals Roof 3-Ply Compo/Wood Deck 11970: SF Ceiling Suspended Blk-Fiber : SF/Story Struct. Floor R'Concrete 11970: SF Floor Cover Carpet : SF Partitions Office : P/Unit Framing Wood - Light 11970: SF HVAC Combination FHA-AC : SF Lighting Office 11970: SF Type IDescription IYear Built lArea Istories Warehouse JADDN 1 11970 E000 1 Style C'Blk- Steel Additional Base Square Feet 4,000 Information Basement Square Feet 0 GBA Square Feet 15970 Item uantit djustmen Plumbin - no whse(sf) 000 Extras Description Item Count Extended Description Door O.H. Door- Manual, 8 Ft Wide, 8 Ft High http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891326210005 11/18/2013 Black Hawk County Detailed Parcel Report Page 3 of 3 ruck Well 1 Floor=1,320, Foundation=40 Description ize Ftr& Fdtn C'Blk or Tile : LF Exterior Wall C'Blk or Tile - : LF Interior Wall Unfinished : LF Wall Facing Face Brick Veneer : SF Windows Incl. w/ Base : LF of Wall Fronts/Doors Incl. w/ Base : LF erticals & Basement Incl. w/ Base : SF Horizontals Roof Precast Hollow Plank 4000.. SF Ceiling Unfinished : SF/Sto Struct. Floor R'Concrete 000: SF Partitions Incl. w/ Base : P/Unit Framing R'Conc- Light 000: SF HVAC Suspended Gas Unit : SF Lighting Warehouse 000: SF YARD EXTRAS Description Iduantity xtended Description Paving 11988 11 ,200 SF, Asphalt Parkin2, Average Pricin Entry Status: Inspected http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891326210005 11/18/2013 .Black Hawk County Building Sketches Page 1 of 1 There is 1 building sketch of parcel 891326210005. 33 100 TRUCK WELL [1320] ADDN 1 40 40 [4000] 100 133 90 BLDG 1 90 [11970] 133 http://www2.co.black-hawk.ia.us/website/bhmap/bhParImages.asp?apn=891326210005&... 11/18/2013 Printable Map Output Page 1 of 1 Black Hawk County Parcel Map Parcel ID: 913-26-205-008 Deed Holder: 11313S REAL ESTATE HOLDINGS LLC Parcel Address: 17-219 JEFFERSON ST, WATERLOO, IA 50701 a . . a Legend _ q Y. selected p---dim q roadname_ _ h spital k o Renal Phaloe f• Black Hawk Co firedept t. Parks_ +f wG parks � 1 P.11 ads O J G9- y T nships Water Parcels , ftightsaf-WaY Cfty Lints ,' .H—d_dim s Yw r a _ + e{ Map cremed with Arc1M.9-Copyright 1C1 1992.2011 CSW Mc. 0 Black Hawk County,Iowa Map Disclaimer:This map does not represent a survey.No liability is assumed for the 316 East 5th Street accuracy of the data delineated herein,either expressed or implied by Black Hawk County, Waterloo,Iowa 50703-4774 the Black Hawk County Assessor or their employees.This map is compiled from official Phone:(319)833-3002 records,including plats,surveys,recorded deeds,and contracts,and only contains Fax:(319)833-3070 information required for local government purposes.See the recorded documents for more E-mail:auditoraco.black-hawk.ia.us.orq detailed legal information. http://www2.co.black-hawk.ia.us/servlet/com.esri.esrimap.Esrimap?ServiceName=bhov... 11/18/2013 Black Hawk County Property Photos Page 1 of 1 There is t photo of parcel 891326205008. �f NC9S lu ## a I 1 w t, http://www2.co.black-hawk.ia.us/website/bhmap/bhParImages.asp?apn=891326205008&... 11/18/2013 Black Hawk County Detailed Parcel Report Page l of 2 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel IDDeed Holder fax Mail to Address 8913-26-205-008 BBS REAL ESTATE HOLDINGS LLC BBS REAL ESTATE HOLDINGS LLC 08 DEARBORN AV PDF No. Map Area Contract Buver UVATERLOO, IA 50703-0000 CWTLO-09 Propert Address 110/15/2012 urrent Recorded Transfer 17-219 JEFFERSON ST ate Drawn Date Filed Recorded Document T pe ATERLOO, IA 50701-4909 110/15/201212013007626 ID SAI 11 BUILDING PERMIT Date mount 11 NUTC/Type ate Number mount Reason 10/15/2012 7,000 NORMAL -__.12/ Deed /1/2010 WA 01939 Demo/Rmvl 2/31/2008 WA 00638 Demo/Rmvl 8 WA 00636 11213 Garage ASSESSED VALUES/CREDITS Year IClass 2013 IR 100% Land IDwelling JIBuildingM/E ITotal cres Value 3,000 L2,730 5,730 Taxable Land IDwelling Buildin TM/E- Rotal Value 1,632 t23.245 10 10 P4,877 Year jClass 2012 IR 100% Land Dwellin Buildin M/E [Total cres Value 3,000 129,810 32,810 Taxable Land I I Dwelling LBuilding IMIE otal Value 1,584 115,745 10 10 117,329 Year lClass 011 IR 100% Land IDwelling JIBuildingM/E tTotalcres alue 3,000 129,810 0 P 132,810 axable Land IDwelling JIBuildingM/E otal alue 1,523 115,129 10 10 116,652 TAX INFORMATION ASSESSMENT YEAR.2012 PAYABLE 2013/2014 ax 941041 -WATERLOO RIVERFRONT UR TIF District Gross Value axable Value Military Exemption Levy Rate ross Tax Net Tax Corp 32,810 117,329 P 40.61203 0703.77 1$704.00 Nocor 0 0 1$0.00 Homestead Disabled Veteran10.00 roperty Tax Relief Ag Family Farm Credit Credit redit Credit Credit Corp $0.00 $0.00 0.00 $0.00 $0.00 Nocorp http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891326205008 11/18/2013 Black Hawk County Detailed Parcel Report Page 2 of 2 LEGAL ORIGINAL PLAT WATERLOO WEST SE 30 FT LOT 8 BLK 4 LAND Basis Front Rear Side 1 Side 2 Lot Area Acres Front 30 30 140 140 0 4200 0.096 Foot otals: 200 0.096 DWELLING CHARACTERISTICS Type Style rotal Living Area Two-Family Conversion Story Frame 11608 Year Built jArea lHeat JAC ttic 1912 24 es INo one Total Rooms Above ITotal Rooms Below Bedrooms Above Bedrooms Below g 10 Basement 113asement Finished Area No Basement Floor Full 10 10 Foundation Floorin Stn Carp/Vinyl Exterior Walls Interior Finish inyl Plas Roof sph /Gable Non-Base Floor/Wall Pipeless Handfired pace Heaters Heating 0 ddtions Year Built t le rea Basement SF No Basement SF Heat C ttic 1912 Story Frame 1180 10 es No 10 1 Full Bath < Plumbing 1 Shower Stall Bath tyle rea 1 Sink Ell, S Frame Open 0 S Frame Enclosed 16 YARD EXTRAS Description ear Built lQuantity IPlot No. Extended Description FR GAR 610 SF 11912 1 Quantit =1, Units=Each, Hei ht=0 Entry Status: Inspected http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891326205008 11/18/20t3 Black Hawk County Building Sketches Page 1 of 1 There is 1 building sketch of parcel 891326205008. 2S B FR(MAIN) [624] 26 24 2S FR 1S FR OP [180] 10 [60] 18 6 44 1 1S FR EP [16] http://www2.co.black-hawk.ia.us/website/bhmapibhParlmages.asp?apn=891326205008&... 11/18/2013 EXHIBIT"A" CONTRACT FOR ASBESTOS ABATEMENT SERVICES 300 W.3rd and 217-219 Jefferson Streets This Contract for Asbestos Abatement Services (the"Contract") is entered into as of November 21, 2013,by and between the City of Waterloo,Iowa("City") and Active Thermal Concepts ("Contractor"). In consideration of the mutual promises exchanged herein,the parties agree as follows: 1. Term and Services. For a period of one (1)month after the date of this Contract, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all tools, labor and materials, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. By executing this Contract, Contractor certifies that it holds an asbestos permit issued by the Iowa Division of Labor and that all personnel who perform work on the project will have an asbestos license issued by the Iowa Division of Labor. Contractor agrees that such permit and licenses will be maintained during the term of this Contract. Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in the Contractor's RFP response. Contractor will be paid separately for each property at which services are performed. Contractor's request for payment for services authorized under this Contract shall be submitted on a monthly basis and will be paid within forty-five (45) days after receipt of an original invoice and after such services are delivered and accepted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for asbestos removal and disposal, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work in accordance with the plans and specifications. 2. Contract Documents. The following documents (collectively,the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Proposal b. Addenda c. Response(Proposal) from the Contractor In the event of conflict between the provisions of the Contract Documents and this Contract,the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed$ as provided in the Bid Tabulation that is part of Contractor's RFP Response referenced in Section 2.c above, except by written amendment as provided herein. 3. Approval; Timing of Work. Contractor shall not begin work until after the Contract has been approved by the City Council and a completely executed copy has been returned to Contractor with Notice to Proceed. The work shall commence within seven (7) days after the City has issued a Notice to Proceed with respect to any particular property or set of properties, and all work shall be completed and delivered within thirty (30) days after issuance of the Notice to Proceed. 4.- Performance Bond. Contractor shall furnish a bond in an amount equal to One Hundred percent (100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and shall save harmless the City from claims and damages of any kind arising out of the performance of this contract. 4.1 Payment Bond. Contractor will be required to furnish a payment bond in an amount equal to one hundred percent(100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful payment as required by law of all persons supplying labor and material in the execution of the work provided for in the Contract. 5. Reporting; Records. Contractor shall exercise best efforts to maintain communication with City personnel whose involvement in the project is necessary or advisable for successful and timely completion of the work of the project. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. Contractor shall maintain all project records for a minimum period of three (3) years after the date of final payment for services rendered under this Contract. During the term of this Contract and for the ensuing record-retention period, Contractor shall make any or all project records available upon reasonable request, and in any event within two (2) business days of request, to City, Iowa Homeland Security and Emergency Management Division (HSEMD),the Federal Emergency Management Agency (FEMA), the Comptroller General of the United States, and any other agency of state or federal government, or the duly authorized representatives of any of the foregoing,that has provided funding or oversight for the HMGP property acquisition project, for the purpose of making audit, examination, excerpts and/or transcriptions. For purposes of this section, "records"means any and all books, documents, papers and records of any type or nature that are directly pertinent to this Contract. Contractor agrees to furnish, upon termination of this Contract and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Contractor pursuant to this Contract, without cost and without restrictions or limitation as to the use relative to specific projects covered under this Contract. In such event,the Contractor shall not be liable for the City's use of such documents on other projects. 6. Government-Mandated Provisions. Because the project activity is funded by the federal government, federal law requires that the City's contracts relating to the project include certain provisions. It is possible that some of the provisions set forth in this Section do not apply to Contractor or the services to be provided hereunder, but the provisions are nonetheless set forth to cause this Contract to comply with federal law. City makes no representation about whether any particular requirement is applicable to this Contract. Parenthetical comments in the following paragraphs are taken from 44 CFR § 13.36(i). A. Remedies. See Section 8 below. 2 B. Termination for Cause and for Convenience. See Sections 8 and 9 below. C. Contractor shall comply with Executive Order 11246 of September 24, 1965, entitled"Equal Employment Opportunity,"as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). (applies to all construction contracts awarded in excess of$10,000 by grantees and their contractors or subgrantees) D. Contractor shall comply with the Copeland"Anti-Kickback"Act(18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). (applies to all contracts and subcontracts for construction or repair) E. Contractor shall comply with the Davis-Bacon Act (40 U.S.C. 276a to 276A-7) as supplemented by Department of Labor regulations (29 CFR Part 5). (applies to construction contracts in excess of$2,000 awarded by grantees and subgrantees when required by federal grant program legislation, but does not apply to projects paid for with disaster funding) F. Contractor shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). (applies to construction contracts awarded by grantees and subgrantees in excess of$2,000, and in excess of$2,500 for other contracts which involve the employment of mechanics or laborers) G. City's Reporting Regulations and Requirements. See Section 4 above. H. Patent Rights and Copyrights. With respect to any discovery or invention which arises or is developed in the course of or under this Contract, the Archaeological Company is responsible for complying with requirements pertaining to patent rights, as defined by the awarding agency. With respect to any publication, documents, or data that arises or is developed in the course of or under this Contract, the Archaeological Company is responsible for complying with requirements pertaining to copyright, as defined by the awarding agency. I. Access to Documents. See Section 4 above. J. Retention of Documents. See Section 4 above. K. Contractor shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act(42 U.S.C. 1857(h)), Section 508 of the Clean Water Act(33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). (applies to contracts, subcontracts, and subgrants of amounts in excess of$100,000) L. Energy Efficiency Standards. Contractor shall comply with mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation Plan issued pursuant to the Energy Policy and Conservation Act(Pub. L. 94-163, 3 89 Stat. 871). [53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995]. 7. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. 8. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven(7)days after notice thereof shall have been given by City to Contractor(or for a period of fourteen(14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which,by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period),then City may declare that Contractor is in default hereunder and may take any one or more of the following steps,at its option: a. by mandamus or other suit,action or proceeding at law or in equity,require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; c. declare a default of this Contract,make no further disbursements,and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder,including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair,damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 9. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to 4 terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 10. Non-Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 11. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold,FICA or taxes of any kind from any payments which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation,medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 12. Anti-Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti-discrimination laws of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa,which are herein incorporated by reference and made a part of this Contract. 13. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part,the remaining provisions of this Contract 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 Contract is invalid, illegal, or unenforceable as written, but that by 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 limited. 14. General Terms. This Contract,together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs,personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF,the parties have executed this Contract for Asbestos Abatement Services as of the date first set forth above. CITY OF WATERLOO, IOWA E�nest G. Clark, Mayor Active Thermal Concepts 5 Attest: ��uzySch es, ity Clerk 6 Notification PG1 NOTIFICATION OF DEMOLITION AND RENOVATION Operator Project# 131116A Date ReceivedPostmark Notification# TYPE OF NOTIFICATION (O-Original R-Revised C-Cancelled): O FACILITY INFORMATION (Identify owner, removal contractor, and other operator) OWNER NAME: Operation Threshold Address: PO Box 4120 City: Waterloo State: IA Zip: 50704 Contact: Chris Western Tel: 319-291-4366 REMOVAL CONTRACTOR: ACTIVE THERMAL CONCEPTS INC. Address: 2805 Stonegate Ct City: Hiawatha State: Iowa Zip: 52233 Contact: Terry Beaird Tel: 319-393-8088 OTHER OPERATOR: N/A Address: City: State: Zip: Contact: Tel: III. TYPE OF OPERATION (D-Demo O-Ordered Demo R-Renovation E-Enver. Renovation): R IV. IS ASBESTOS PRESENT? (Yes/No) Y FACILITY DESCRIPTION (Include building name, number and floor or room number) Bldg. Name: Commercial Address: 300 West 3rd Street City: Waterloo State: IA County: Black Hawk Zip: 50701 Contact: Chris Western Tel: 319-291-4366 Site Location: throughout Building Size: 1 J#of Floors: 11970 Age: 85 Present Use: Office [P—r:107ru se: same PROCEDURE, INCLUDING ANALYTICAL METHOD, IF APPROPRIATE, USED TO DETECT THE PRESENCE OF ASBESTOS MATERIAL: Bulk Sample using Polarized Light Microscopy -PI O-XTMATE ANFO _. ASBESTOS, INCLUDING: Nonfriable Asbestos 1.Regulated ACM to be Removed RACM Material Not Indicate Unit Of 2.Category I ACM Not Removed To Be To Be Removed IMeasurement Below 3.Category it ACM Not Removed Removed Cat I I Cat II 1 Unit Surface Area I Duct Paper I SgFt: 180 Sq m: Surface Area FT SgFt: 1,700 Sq m: Surface Area Caulk SgFt: 40 Sq m: Surface Area Roofing SgFt: 15970 Sq m: VII. SCHEDULED DATES ASBESTOS REMOVAL(MM/DD/YY)Start: 12/02/13 Complete: 12/31/2013 IX. SCHEDULED DATES DEMO/RENOVATION (MM/DD/YY) Start: N/A Complete: N/A Page 1 i Notification PG1 NOTIFICATION OF DEMOLITION AND RENOVATION Operator Project# 13 111 6A Date Receive JPostmarK Notification# TYPE OF NOTIFICATION (O-Original R-Revised C-Cancelled): O FACILITY INFORMATION (Identify owner, removal contractor, and other operator) OWNER NAME: BBS Real Estate Holding Address: 808 Dearborn Ave City: Waterloo State: IA Zip: 50703 Contact: Chris Western Tel: 319-291-4366 REMOVAL CONTRACTOR: ACTIVE THERMAL CONCEPTS INC. Address: 2805 Stonegate Ct City: Hiawatha State: Iowa Zip: 52233 Contact: Terry Beaird Tel: 319-393-8088 OTHER OPERATOR: N/A Address: City: State: Zip: Contact: Tel: III. TYPE OF OPERATION (D-Demo O-Ordered Demo R-Renovation E-Enver. Renovation): R IV. IS ASBESTOS PRESENT? (Yes/No) y FACILITY DESCRIPTION (Include building name, number and floor or room number) Bldg. Name: Residential Address: 217/219 Jefferson Street City: Waterloo State: IA County: Black Hawk Zip: 50701 Contact: Chris Western Tel: 319-291-4366 Site Location: throughout Building Size: 1608 kof Floors: 8 Age: 101 Present Use: residential Prior Use: same PROCEDURE, INCLUDING ANALYTICAL METHOD, IF APPROPRIATE, USED TO DETECT THE PRESENCE OF ASBESTOS MATERIAL: Bulk Sample using Polarized Light Microscopy RZSXTi�IAl`�A1�0 ASBESTOS, INCLUDING: Nonfriable Asbestos 1.Regulated ACM to be Removed RACM Material Not Indicate Unit Of 2.Category I ACM Not Removed To Be To Be Removed Measurement Below 3.Category If ACM Not Removed Removed Cat L Cat II Unit Pipe Covering Duct Paper LnFt: 100 Ln m: Surface Area Sheet Flooring SgFt: 160 Sq m: Vol. RACM Off Facility Component CuFt: jq-u m: VII. SCHEDULED DATES ASBESTOS REMOVAL(MM/DD/YY) Start: 12/02/13 Complete: 12/31/2013 IX. SCHEDULED DATES DEMO/RENOVATION (MM/DD/YY)Start: N/A Complete: NIA Page 1 R _{ CONTRACTOR REGISTRATION CERTIFICATE J ;fi r' STATE OF IOWA DATE ISSUED: 8/23/2013 IOWA WORKFORCE DEVELOPMENT DATE EXPIRES: 8/23/2014 DIVISION OF LABOR SERVICES CONTRACTOR REGISTRATION REGISTRATION NUMBER: C092803 1000 East Grand Ave. Des Moines, IA 50319-0209 Phone (515) 242—5871 ACTIVE THERMAL CONCEPTS INC /9 10 2805 STONEGATE CT Michael A. Mauro, Commissioner HIAWATHA, IA 52233 Your certificate will be enforced for 1 year if you are in compliance with contractor registration,unemployment insurance,and worker's compensation regulations. Falsifying any records may result in revocation of your certificate,$500 civil penalty,and criminal prosecution. ry W p too N LLJ IL 0 U O m Q J Q Q LU w N CL 00 ai W ' Z P4 � O00 ® � (� CN k s c/7 W z w t o � � O l w . :,. ujw k Cl) w z � COO P P ® ® o CN W N W ` V) N XP W W F- �y QQ O cbO 00N V O) O C`"7 ACTIV-2 OP 10:JN CERTIFICATE OF LIABILITY INSURANCE DATE(M1120 11/11120 3 13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: Joy Perkins A W Welt Ambrisco Ins.,Inc. PHONE 319-887-3731 alc No:319-887-3757 24 Westside Drive (AIC, A/c No Ext: Iowa City,IA 52246 an Ress;info@awwelt.com Joe Wegman CPCU INSURER(S)AFFORDING COVERAGE NAIC# INSURERA.Arch Specialty Insurance Co INSURED Active Thermal Concepts Inc. INSURERB:West Bend Insurance Co. 15350 2805 Stonegate Ct Hiawatha, IA 52233 INSURER C INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DDL BR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MMIDD/YYYY MM/DDIYYYY GENERAL LIABILITY EACH OCCURRENCE $ 3,000,00 DAMAGE:TO RENTED A X COMMERCIAL GENERAL LIABILITY X 12EMP4352908 02118/2013 02/18/2014 PREMISES Ea occurrence $ 50,00 MED EXP(Any one person) $ 5,00 CLAIMS-MADE X OCCUR Pe X Asbestos Abatemen INCLUDED PERSONAL&ADV INJURY $ 3,000,00 X Ded$5,000 GENERAL AGGREGATE $ 3,000,00 GEN'LAGGREGATE LIMIT APPLIES PER: -PRODUCTS-COMP/OP AGG $ 3,000,00 X POLICY PRO-JEC Ll LOC Pollution $ 3,000,00 AUTOMOBILE LIABILITY E,sBl.ntSINGLE LIMIT $ 1,000,00 A ANY AUTO CP10906060 03/07/2013 02/18/2014 BODILY INJURY(Per person) $ X ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS L NON-OWNED PROPERTY DAMAGE $ AUTOS PER ACCIDENT UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,00 A X EXCESS LAB CLAIMS-MADE 12EMX7167704 02/18/2013 02/18/2014 AGGREGATE $ 5,000,00 DED I X I RETENTION$ 0 $ WORKERS COMPENSATION X 8RRY STATU- LIMIT E0E RH- AND EMPLOYERS'LIABILITY TO Y! A ANY PROPRIETOR/PARTNER/EXECUTIVE❑N N/A EBWCC0002004 02/18/2013 02/18/2014 E.L.EACH ACCIDENT $ 1,000,00 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,00 A Prof Liability 12EMP4352908 02/18/2013 02/18/2014 Per Claim 1,000,00 Ded 5,00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) See attached holder notepad CERTIFICATE HOLDER CANCELLATION WATERCI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci of Waterloo THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City ACCORDANCE WITH THE POLICY PROVISIONS. 715 Mulberry St. Waterloo, IA 50703 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD NOTEPAD: HOLDER CODE WATERCI ACTIV-2 PAGE 2 INSURED'SNAME Active Thermal Concepts Inc. OP ID:JN Date 11/11/2013 If required by written contract, the City of Waterloo is automatically included as an additional insured in respects to the General Liability. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-1003 RESOLUTION PRELIMINARILY APPROVING THE REQUEST FOR PROPOSAL DOCUMENT, PLANS, SPECIFICATIONS, FORM OF CONTRACT, ETC. , IN CONJUNCTION WITH DEMOLITION AND SITE CLEARANCE SERVICES (NO REGULATED ASBESTOS- CONTAINING MATERIALS) FOR 217-219 JEFFERSON STREET AND 300 WEST 3RD 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, etc. , in conjunction with Demolition and Site Clearance Services (no regulated asbestos-containing materials) for 217-219 Jefferson Street and 300 West 3rd Street, in the City of Waterloo, Iowa, and WHEREAS, said Community Planning & Development Director did file said Request for Proposal document, plans, specifications, form of contract, etc. , in conjunction with Demolition and Site Clearance Services (no regulated asbestos-containing materials) for 217-219 Jefferson Street and 300 West 3rd Street . 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, etc. , in conjunction with Demolition and Site Clearance Services (no regulated asbestos- containing materials) for 217-219 Jefferson Street and 300 West 3rd Street, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. PASSED AND ADOPTED this 25th day of November, 2013 . Ernest G. Clark, Mayor ATTEST: r C Suzy �c ares, CMC City Clerk I 7 I Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-1004 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED REQUEST FOR PROPOSAL DOCUMENT, PLANS, SPECIFICATIONS, FORM OF CONTRACT, ETC. , IN CONJUNCTION WITH DEMOLITION AND SITE CLEARANCE SERVICES (NO REGULATED ASBESTOS-CONTAINING MATERIALS) FOR 217-219 JEFFERSON STREET AND 300 WEST 3RD STREET, IN THE CITY OF WATERLOO AS DECEMBER 9, 2013, AT 5 : 30 P.M. AT CITY HALL COUNCIL CHAMBERS, WITH THE TAKING OF BIDS THEREFORE, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1 . That the Council of the City of Waterloo, Iowa, shall meet at the City Hall Council Chambers in the City of Waterloo, Iowa, at 5 : 30 p.m. on the 9th day of December, 2013, for the purpose of holding a public hearing on proposed Request for Proposal document, plans, specifications, form of contract, etc. , in conjunction with Demolition and Site Clearance Services (no regulated asbestos-containing materials) for 217-219 Jefferson Street and 300 West 3rd Street, in the City of Waterloo, with the taking of bids therefore. Section 2 . That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 25th day of November, 2013 . Ernest G. Clark, Mayor ATTEST: '2— Suzy Sc ares, CM City Cl rk CITY OF WATERLOO , IOWA HUMAN RESOURCES DEPARTMENT 620 Mulberry Street . Waterloo,IA 50703 4 (319)291-4303 Fax(319;291-4569 s November 22, 2013 Mayr BUCK CLARK TO: Honorable Mayor& City Council COUNCIL MEMBERS ...`'`'.'.``°' 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 DAVID Service Commission for the appointment to the position of Waste Services Technician JONES for the City of Waterloo, Iowa Waste Management Services Department. Wad I Appointment(s) shall be made from this list for the next year (November 22, 2013 — CAROLYN November 21, 2014). COLE turd 2 CERTIFIED LIST HAROLD Travis Ross GETTY Ulanda Spates I ard 3 John Anderson QUENTIN M Jason Comer HART Blaine Frazer Ryan Yossi Ward 4 Jacob Kroenecke RON John Suhr WELPER Ward S BOB GREENWOOD .4t-Large STEVE Respectfully submitted, SCHMITT At-Large 1 m Luce Date Nate Bonetta Culp Date CS LIST WASTE SERVICES TECHNICIAN 13 CITY WEBSITE:utivw.cityofwaterloo owa..ecm WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLO.Oo IOWA HUMAN RESOURCES DEPARTMENT 620 Mulberry Street • Waterloo,1A 50703 (319)291-4303 Fax(319)291-4569 s• November 22,2013 Mayor BUCK CLARK COUNCIL TO: Honorable Mayor& City Council MEMBERS .............. DAVID We, the members of the Civil Service Commission, certify the following list of applicants, "ONES who are eligible based upon the examination process as set forth by the Civil Service (yard I Commission for the appointment to the position of Medical Officer for the City of CAROLYN Waterloo, Iowa Fire Rescue Department. List shall exhaust upon appointment. COLE Ward 2 CERTIFIED LIST Garrett Gingrich HAROLD GETTY beard 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 Respectfully submitted, BOB GREENWOOD At-Large fi`�_ STEVE Tim Luce Date ohn Blitsch Date SCHMITI' .4t-Large C /� Bonetta Culp Date CS LIST MEDICAL OFFICER 13-2 CITY WEBSITE:,Aww.cityoiraterlociowa_con7 WE,RB WORKING FOR YOU? An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO , IOWA HUMAN RESOURCES DEPARTMENT 620(Mulberry Street - Waterloo,{A 50'03 w (319)291-4303 Fax(319)291-4569 November 22,2013 Mayor BUCK CLARK COUNCIL J\4EMBERS The City of Waterloo Civil Service Laws adopted October 20, 1983, and approved by the .............. Waterloo City Council on.November 14, 1983, allow under Chapter IV, Section 2c for the Mayor and the department head to recommend the approval of a promotional eligibility list DAVID of less than three individuals. JONES Ward 1 We are recommending the Civil Service Commission certify a promotional list of one for C AROLYN Medical Officer—Fire Rescue. COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. Buck Clark, Mayor HART Ward 4 RON WELDER Ward 5 Dan Trelka BOB GREENWOOD Director of Safety Services At-Large STEVE SCMIITT At-Large CITY WEBSITE: www.cit3rofwateri00i0wa.c4m WE'RE WORKING FOR YOU? An Equal opportunity/Affirmative Action Employer CITY F WATERLOO , IOWA HUMAN RESOURCES DEPARTMENT 820 Pvlulberry Street Waterloo,EA 50703 (319)291-4303 Fax(319)291-4559 November 22, 2013 Mcyor BUCK CLARK TO: Honorable Mayor&City Council COUNCIL MEMBERS °`'°' 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 DAVID Service Commission for the appointment to the position of Animal Control Services JONES Officer for the City of Waterloo, Iowa Traffic Operations Department. Appointment(s) u,'a,-d I shall be made from this.list for the next year (November 22, 2013 — November 21, CAROLYN 2014). COLE i3jard2 CERTIFIED LIST Andrew Gelbowitz HAROLD GETTY Brian BOeSeri Ward 3 QUENTIN M. HART i,Yard 4 RON WELPER Ward 5 Respectfully submitted, BOB GREENWOOD At-Large f! l STEVE Tim L ce Date fJohn Blitsch ate SCHMITT At-Large Bonetta Culp Date CS LIST ANIMAL CONTROL SERVICES OFFICER 13 CI'T'Y WEBSITE: svww.cityofwater1ooiowa.co a1 %VE'RE WOR ONG FOR YOU! An Equal Opportunity/Affirmafive Action Employer CITY OF WATERLOOo IOWA HUMAN RESOURCES DEPARTMENT 620 Muibe"Street o livaterleo,IA 50703 . (319)291-4303 Fax(319)291 4569 November 22,2013 Mayor BUCK CLARK TO: Honorable Mayor&City Council COUNCIL MEMBERS ••.•.•.••• 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 DAVID Service Commission for the appointment to the position of Aquatics/Member Services JONES Specialist for the City of Waterloo, Iowa Leisure Services Department. List shall ward I exhaust upon appointment. CAROLYN CERTIFIED LIST COLE ;,Vard2 Kathryn Moeller HAROLD GETTY 6t'ard 3 QUENTIN M. HART Ward 4 Respectfully submitted, RON WELPER c.z ` �� L1(�j dt% / O Para' Tim Lucev Date' ` ?/JZo&Blit!' Date BOB GREENWOOD At-Large STEVE Bonetta Culp Date SCHMITT At-Large CS LIST AQUATICS-MEMBER SERVICES SPECIALIST 13 CITY WEBSITE:tvww.cityofwaterIoaiowaxom WE'RE WORKING FOR YOU? An Equal Opportunity/Affirmative Action Employer CITY OF WATERL009 IOWA HUMAN RESOURCES DEPARTMENT 620 Mulberry Street • Waterloo,iA 50793 (319)291-4303 Fax(319)291-4569 o • November 22, 2013 Mayor BUCK CLARK TO: Honorable Mayor& City Council COUNCIL MEMBERS ••••°'.''''`'' 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 DAVID Service Commission for the appointment to the position of Facilities Specialist for the JONES City of Waterloo, Iowa Leisure Services Department. Appointment(s) shall be made Ward I from this list for the next year(November 22,2013—November 21,2014). CAROLYN COLE CERTIFIED LIST Wardd 2 Craig Denner Carson Peterson HAROLD GETTY Alan Sweeney Ward 3 Travis Kiewiet John Law QUENTIN M. HART Wm d 4 RON WELDER 'yard S Respectfully submitted, BOB GREENWOOD 99 At-Large � �— �Blitsch OC' 3 STEVE Ti Luc Date ( Date SCHMITT At-Large Bonetta Culp Date CS LIST FACILITIES SPECIALIST 13 CITY WEBSITE:wwvv.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal OpportunitytAfrmaSve Action Employer CITY F WATERLOOv IOWA HUMAN RESOURCES DEPARTMENT 620!)Aulberry Street + Waterloo,IA 50703 ® (319)291-4303 Fax(319)291-4569 0 November 22, 2013 Mayor BUCK CLARK TO: Honorable Mayor& City Council COUNCIL MEMBERS °'`.'.'.`'`` 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 DAVID Service Commission for the appointment to the position of Fitness Specialist for the City JONES of Waterloo, Iowa Leisure Services Department. Appointment(s) shall be made from Ward I this list for the next year(November 22, 2013 —November 21, 2014). CAROLYN COLE CERTIFIED LIST Ward 2 Brian Kliegl LeAnn Cushion HAROLD GETTY KayMarie Wenzel Ward s Jacob Frederick Sarah Paustian QUENTIN M. HART Mar,-14 RON WELDER Ward 5 BOB GREENWOOD At-Large Respectfully submitted, STEVE SCHMITT At-.Large Tim Luce Dateohn Blitsch Date Bonetta Culp Date CS LIST FITNESS SPECIALIST 13 CITY WEBSITE: cvw-w.cityofivaterkj-oiowa.cc.,rn WE'RE WORKING FOR YOU? An Equal Opportunity/Affirmative Action Employer WATERLOO PUBLIC LIBRARY—Board of Trustees—September 10,2013 Submitted by Kim Chapman Members present: Ivy Hagedorn,Warren Wortham,Jan Hahn, Karol Erdmann Members absent: Kathleen Wernimont Others present: Sheryl McGovern, Mike Dargan, Kim Chapman, Mary Kabel,Amy Rousselow, Kelly Stern, Lori Petersen, Kim Van Deest The regular meeting of the Waterloo Public Library Board of Trustees was called to order by President Jan Hahn at 7:01 a.m. Moved by Hagedorn, seconded by Wortham,to approve the agenda as presented. Motion carried. Moved by Erdmann, seconded by Hagedorn,to approve the July 9, 2013, regular meeting minutes as presented. Motion carried. The financial reports were reviewed. It's a new fiscal year,so paying bills is easy and ordinary. Moved by Hagedorn,seconded by Wortham to pay the bills as presented. Motion carried. The statistical/usage report was reviewed. Sheryl noted that August is the second month in a row that circulation statistics are higher than the same time last year. Internet usage is down,though,and could be attributed to more patrons using smart phones. Director's Report • FY13 Budget Review—the FY13 budget figures were reviewed. Sheryl noted that any money not spent in the General Fund reverts to the City, but any money left in other library funds remains in those funds,though not necessarily budgeted to be spent in the new fiscal year. The new fiscal year is a new budget. The City's Finance Office writes the budget for the personnel line items,and that money is not allowed to be spent any other way than personnel. Sheryl pointed out 9%of the total library budget was spent on materials. • MakerSpaces in Libraries—there is a growing movement in the library world for MakerSpaces,which are spaces created specifically for activities,such as crafting or specific tools, like a 3-D printer. Staff members Claudia Rivera and Kim Van Deest have been investigating the idea for WPL. A 3-D printer is usually the beginning of a MakerSpace. It can be classified as a text-based "shop class." There will be a.couple ofIVidelos regarding MakerSpaces to view at the end of the meeting. Sheryl would like Board support to investigate creating such a space at WPL, with the garage mentioned as a possible location. • Goals FY13 Final Report—FY13 goals were reviewed. Goals not accomplished will be carried over to FY14. • Goals FY14—Sheryl reported goals were brainstormed by all staff. One of the items on the FY14 list- includes circulating Nooks,which will be purchased through the Friends Wishlist. Some of the items listed have already been accomplished, including new outside banners hanging above the front doors. • Downtown Parking,Jeff Speck—Sheryl attended a recent event at the newly remodeled Brown Derby where author Jeff Speck addressed the downtown as the new place to live and visit,a destination spot. He suggested higher priced parking meters close to businesses to encourage turn- over and less expensive meters further out. Sheryl shared a letter she has drafted to be sent to the mayor, city council members and some City staff regarding making parking easy for the library patron. Ideas include creating head-in parking on W.3`d Street between Commercial and Jefferson, head-in parking on Commercial Street and changing from double to single lanes, removing some parking meters and creating more free parking, moving staff parking and leaving the current staff parking area free for patrons. It was noted the Sportsplex will affect traffic patterns. It was suggested it be sent to the Chamber and Main Street. Sheryl will review it and send it off next Monday. • Miscellaneous—Sheryl reported the public has gung ho'd staff member Kim Van Deest for her classes. One hundred twelve teens registered for the summer program; several nice comments were received from the teens, including appreciation of the library. Sheryl reported attorney Bob Griffin, former WPL Board of Trustees member, would like to be on the October agenda. Bob represents a client who passed in April and has left a bequest to the library. Informational Reports from Staff • Mike Dargan,Technical Systems—site lines on second floor are vastly improved and the area is much easier to manage now that computers, furniture and shelving have been moved. Staff did a great job with coordinating and moving furniture and shelving. Weeding is on-going. A series of workshops with consultant Roy Kenagy, Designing Collection Experiences, begins today. • Nick Rossman, Circulation—the Hunger Games event will be held September 21 at the UNI Rod Library. The event is open to students 6th grade and up and adults. Volunteers are needed for the event, which takes place 2:00-10:00 p.m. There will be background checks on participants. • Lori Petersen,Technical Services—the Tech Services staff is busy working on cataloging and processing to get the newer materials out and circulating, including the back-log of items. Teen books are being weeded while new books are taking their place. • Amy Rousselow, Marketing&Volunteers—staff has helped to develop a new tagline for WPL: Gather. Connect. Exp/ore. A new library card,with a keytag, is being designed,and the new tagline will be used on it. • Kelly Stern,Youth Librarian—Martha Speaks, a PBS TV series,will be a party Thursday night at WPL. IPTV will be a part of the party with a Martha costume. Martha is a dog who eats alphabet soup and learns to speak; she saves her family from a burglar. Copies of the book, courtesy of Houghton Mifflin Harcourt Brace,will be distributed to the first one hundred kids. Kelly will be interviewed Thursday on KXEL radio station to promote the Hunger Games event. Monthly Lego Lab and puppet shows will resume next month. • Kim Van Deest, Literacy Coordinator—Kim has been teaching classes to staff and the public for eight years as of next month. She has taught over one thousand classes during that time. She is facilitating a new users group, iPad User Group; it is a meeting time for patrons to share their iPad experiences and questions. • Mary Kabel, 3rd Age Coordinator—Mary reported she coordinates outreach to seniors and homebound patrons. She arranges for twelve titles a year for thirteen book club groups for discussion. She drops off and picks up a collection of books every three months to sixteen facilities. She delivers books to seven homebound patrons monthly. The Third Age Project also includes reminiscent kits that aid memory assist programs. Enrich Iowa pays Mary's salary,which is shared with the Cedar Falls Public Library. When book club sets become less popular for the clubs here, they become available to other Iowa libraries through interlibrary loan. Mary is investigating e- readers for the book discussion groups,which would be especially good for those titles that aren't available in large type. • Kim Chapman, Business Office—Kim facilitates one of Mary's 3`d Age book discussion groups at the Western Home. The last session for this summer's Grow Your Green Thumb series, Harvest and Preservation,will be Thursday night with Jill Weber, an area food and nutrition specialist on preservation and Bryan Foster,the Black Hawk County Extension Horticulturalist. Board member Kathleen Wernimont asked Kim to relay a message regarding her absence today: Kathleen is expecting contractors at her home this morning, so could not attend the meeting, but she also finds 7:00 a.m. meetings are difficult for her to attend; a noon or 4:00 p.m. meeting would work better for her. She also feels the public is not involved enough with Board meetings,and a later time would work better for public participation. Referred for Board Action • Review of Behavior Policy(staff suggestion: Remove word "temporary"from the last sentence: "When the Behavior Policy is violated,temporary suspension of library access may also be implemented after warnings fail to correct behavior.") • Review of Safe Child Policy(no suggested changes from staff) • Review of Sex Offender Policy (no suggested changes from staff) • Director's Job Description After discussion, moved by Erdman to approve the policies and the job description as presented, removing the word "her" in the Sex Offender Policy("her designee" and using the word "designee" only); seconded by Wortham. Motion carried. [7:50 a.m. Hahn left meeting; Erdman assumed Chair] Unfinished Business • Labor/Management minutes for July 19,2013,were included in the packets. New Business • Nothing FOL Liaison • Erdmann questioned the possibility of a writer's workshop with Bob Wolfe. The programming committee did discuss Bob Wolfe's program and felt a three-day writing workshop required too much commitment of participants, particularly of teens, especially now as they return to school. As for an adult workshop,the committee wondered about the working population,who might be the most interested in the workshop,would be unable to attend. Erdmann reported the FOL Board did not meet in July and August;the September 28 book sale will be a five-hour sale beginning at9:00 a.m. Bags will be sold for$3, and customers can fill them up. Oral Comments of Board Members,Staff and the Public • Nothing The next meeting is October 8,2013,at 7:00 a.m. Moved by Hagedorn, seconded by Wortham to adjourn. Motion carried. The meeting adjourned at 7:53 a.m. WATERLOO PUBLIC LIBRARY—Board of Trustees—October 8, 2013 Submitted by Kim Chapman Members present: Ivy Hagedorn,Jan Hahn Members absent: Karol Erdmann,Warren Wortham, Kathleen Wernimont Others present: Sheryl McGovern, Mike Dargan,Amy Rousselow, Lori Petersen, Nick Rossman, Kim Chapman, Bob Griffin There was no formal Board of Trustees meeting due to lack of a quorum. However, some informal conversation took place. Former Waterloo attorney and Waterloo Public Library Board of Trustees officer and member, now from Des Moines, Bob Griffin announced that WPL is named as a beneficiary in the Jane Lawson Estate. Mrs. Lawson's estate lists WPL as a beneficiary of 2,000 Proctor and Gamble stocks, worth approximately $150,000. The gift is given for use in purchasing materials for the traveler, as Mrs. Lawson was a world traveler. Sheryl announced WPL recently received notice of being named as a beneficiary in the will of Jack Ralph Canty. One-third of the estate will be distributed to the library for use for the purchase of books,one- third will be distributed to Allen Memorial Hospital Intensive Care Unit and one-third to Our Savior's Lutheran Church. The next meeting is November 12, 2013,at 7:00 a.m. EXHIBIT"A" Cumulative as of June 30,2013 Project Designation: Northeast Industrial Area Tax Increment Redevelopment Area Schedule 1 Indebtedness Qualif in for Tax Increment Reimbursement Under Section 403.19(2) No. Source Description of Indebtedness Cumulative Amount AMOUNT INCURRED $245,447.90 Land Acquisition 8/95 Principal $245,447.90 Land Contract Land Acquisition Principal L $607,626.10 $362,178.20 and Contract Princi al $215,725.99 Advance $823,352.09 Sanitary Sewer FY 97-98 P $1,170,752.09 Dirt Credit 1997 Principal $347,400.00 Agreement 2000-$126,796.00 2001-$63,203.00 2002-$110,908.00 2003-$46,492.50 $1,276,548.50 Engineering FY 97-00 Principal $105,796.41 G.O.Bonds Principal $3,04875 G.O.Bonds $1,279,597.25 . Recording fees FY 97-00 $1,376,874.05 Northeast Drive FY 1997 Principal $97,276.80 G.O.Bonds $1,502,284.64 T.G.Drive FY 1998 Principal $125,410.59 G.O.Bonds R&N Investments II Rebate Principal TIF Tax Rebate 50% 2003 $0 $1,502,284.64 50% 2004 $1,502,284.64 (cancelled) 50% 2005 $1,502,284.64 50% 2006 1 502 284.64 50% 2007 $1,502,284.64 Interstate Brands Rebate Principal TIF Tax Rebate 75% 2003 $21,999.00 $1,524,283.64 60%2004 $18,402.00 $1,542,685.64 45%2005 $16,027.56 $1,558,713.20 30%2006 $10,989.48 1 569 702.68 15% 2007 $4,642.41 $1,574,345.09 Financing FY 1997-2000 Interest $417,660.53 G.O.Bonds $1,992,005.6 Plat Engineering Fund 411 Principal $5,000.00 $1,997,005.6 2001 G.O.Bonds $2,000,455.6 Interest $3,450.00 GT Drive II Fund 411-Construction Principal $182,868.00 $2,183,323.6 2001 G.O.Bonds $2,255,287.30 Interest $71,963.68 Fund412-Construction Principal $48,630.00 $2,303,917.30 2002 G.O.Bonds Interest $21,873.14 $2,325,790.44 Fund 412-RISE Application Principal $4,500.00 $2,330,290.44 2002 G.O.Bonds $2,333,429.44 Interest $3,139.00 WIDA FY 2003 Interest $8,482.82 Contract $2,341,912.2 WIDA FY2004 Interest $10,820.89 Contract $2,352,733.15 WIDA FY2005 Interest $4,276.29 Contract $2,357,009.44 Cedar Valley FY2004 Principal $13,200.00 Contract $2,370,209.4 Cedar Valley FY2005 Principal $17,500.00 Contract $2,387,709.44 Cedar Valley FY2006 Principal $17,500.00 Contract $2,405,209.44 Cedar Valley FY2007 Principal $17,500.00 Contract $2,422,709.44 Cedar Valley FY2008 Principal $32,000.00 Contract $2,454,709.44 Cedar Valley FY2009 Principal $33,168.00 Contract $2,487,877• 44 Cedar Valley FY2010 Principal $32,000.00 Contract $2,519,877.44 Cedar Valley FY2011 Principal $9,500.00 Contract $2,529,377.44 Cedar Valley FY2012 Principal $16,166.00 Contract $2,545,543.44 Cedar Valley FY2013 Principal $24,000.00 Contract $2,569,543.44 Gray Transportation Rebates Principal TIF Tax Rebate 50%2005 $31,493.93 $2,601,037.3 50%2006 $32,391.28 $2,633,428.65 50%2007 $26,788.28 $2,660,216.93 50%2008 $27,139.08 $2,687,356.01 50%2009 $28,976.01 $2,716,332.0 Ferguson Enterprises Fund 414Principal $3,500,000.00 2004 G.O.Bonds $6,216,332.0 EXHIBIT"A" Cumulative as of June 30,2013 Project Designation: Northeast Industrial Area Tax Increment Redevelopment Area Schedule 1 Indebtedness Qualifying for Tax Increment Reimbursement Under Section 403.19(2) $7 925,217.0 Interest $1,708,885.00 Pal Ferguson Enterprises Rebates Principal $392,733.25 TIF Tax Rebate $8,317,950.2 FY200 $8,753,137.95 FY200 $435,187.68 $9, 0,471.95 FY2009 $467,334.00 22 FY2010 $461,864.00 $9,682,335.95 $46250000 10144 835.95 , . FY2011 $10,603 045.Q FY2012 $458,210.00 10 977 229.95 FY2013 $374,184.00 $349,570.00 $11326,799,95 FY2014* $34957000 $11,676,369.95 , . FY2015* $12,025,939.95 FY2016* $349,570.00 Etrin er Land Contract Principal $350,000.00 Land Contract $12,375,939.95 FY2007 Interest $3,161.67 $12,379,101.6 FY2008 Interest $2,499.56 $12,381,601.18 OFI Properties Principal TIF Tax Rebate $12,381,601.18 50%FY2009 $52,758.13 $12,434,359.31 50%FY2010 $54,310.00 $12,488,669.31 50%FY2011 $54,384.00 $12,543,053.31 50%FY2012 $53,880.00 $12,596,933.31 50%FY2013 $37,352.00 $12,634,285.31 $12,634,285.31 Veteran Enterprises,Ltd. Principal TIF Tax Rebate 50%FY2013 $13,635.00 $12,647,920.31 50%FY2014* $39,115.00 $12,687,035.31 50%FY2015* $25,480.00 $12,712,515.31 50%FY2016* $25,480.00 $12,737,995.31 50%FY2017* $25,480.00 $12,763,475.31 1999 GO Bonds Refinanced-Deduct Principal (S208,847.00) 1999 G.O.Bonds $12,554,628.31 Old Debt Service Interest (576,344.00) $12,479,284.31 2007 GO Bonds-1999 GO Bonds Principal $210,281.00 2007 G.O.Bonds $12,689,565.31 Refinanced-Add New Debt Svc Interest $58,851.00 $12,748,416.31 Fund 414 Taxable Reallocate Bonds Principal (569,651.07) 2004 G.O.Bonds $12,678,765.24 for NE Site Projects-2008 Interest 534,007.24) $12,644,758.00 2001 GO Bonds Refinanced-Deduct Interest (515,180.06) 2001 G.O.Bonds $12,629,577.94 2009 GO Bonds-2001 GO Bonds Interest $9,564.06 2009 G.O.Bonds $12,639,142.00 Veterans Ent Grant Principal $207,093.00 Advance $12,846,235.00 2002 GO Bonds Refinanced-Deduct Principal (536,000.00) 1999 G.O.Bonds $12,811,235.00 Old Debt Service Interest (56,230.00) $12,804,985.00 2010 GO Bonds-2002 GO Bonds Principal $35,266.02 2007 G.O.Bonds $12,840,251.0 Refinanced-Add New Debt Svc Interest $3,241.25 $12,843,492.2 2004 GO Bonds Refinanced(Fund Principal (52,175.000.00) 1999 G.O.Bonds $10,668,492.2 414)-Deduct Old Debt Service Interest (5600,472.5(1) $10,068,069.7 2011 GO Bonds-2004 GO Bonds Principal $2,175,000.00 2011 G.O.Bonds $12,243,069.7 Refinanced Interest $278,885.44 $12,521,955.21 R&B Enterprises Principal $7,000.00 Advance $12,528,955.21 McCloud Legal Expenses Principal $258.75 Advance $12,529,213.96 2013 GO Bonds-Taxable Principal $220,000.00 2013 G.O.Bonds $12,749,213.96 Interest $30,028.19 $12,779,242.15 2013 GO Bonds-Non Taxable Principal $50,000.00 2013 G.O.Bonds $12,829,242.15 11 Interest $5,775.091 12 835 017.24 EXHIBIT "B" Cumlative as of June 30,2013 Project Designation: Northeast Industrial Area Tax Increment Redevelopment Schedule 2 Indebtedness Qualifying for Tax Increment Reimbursement Under Section 403.19(2) No. Year Received Amount Received Other Revenue Cumulative Amount from Payments Received under Sec. 402.12(2) 1 FY 1996 $0.00 $0.00 2 FY 1997 $0.00 $0.00 3 FY 1998 $0.00 $0.00 4 FY 1999 $201,360.86 $201,360.86 5 FY 2000 $110,300.50 $311,661.36 6 FY 2001 $194,966.55 $506,627.91 7 FY 2002 $321,469.26 $828,097.1 8 FY 2003 $381,390.68 $1,209,487.85 9 FY 2004 $458,310.16 $1,667,798.01 10 FY2005 $651,752.82 $2,319,550.83 11 FY2006 $464,313.36 $2,783,864.19 12 FY2007 $1,446,002.26 $109,650.08 $4,339,516.53 13 FY2008 $1,063,218.88 $26,036.60 $5,428,772.01 14 FY2009 $891,841.05 $4,972.61 $6,325,585.6 15 FY2010 $862,108.93 $1,153.42 $7,188,848.02 16 FY2011 $665,367.52 $1,239.16 $7,855,454.70 17 FY2012 $594,439.87 $89.63 $8,449,984.20 ±119 FY2013 $869,000.64 $0.00 $9,318,984.84 FY2014* $900,000.00 $10,218,984.84 *ESTIMATE Prepared by SGraham 11/2009 Project Designation: Northeast Industrial Area Tax Increment Redevelopment Area June 30,2013 Total Expenses Certified $12,835,017.24 Less: Total Revenue Certified through 6/30/2013 $9,318,984.84 Net Revenue Certified $9,318,984.84 Net Obligation Certified as of 6/30/2013 $3,516,032.40 FYE14 Revenue Estimate $900,000.00 Net Projected Obligation for FYE14 Budget Year $2,616,032.40 Net Obligation Certified at 6/30/2012 $4,139,511.76 Add: Current Year Debt Activity Greater Cedar Valley Alliance $24,000.00 2013 G.O. Bonds (Taxable) $250,028.19 2013 G.O. Bonds (Non Taxable) $55,775.09 Current Year Rebate Adjustments: Prior Yr Current Yr Less: Current Year PPEL $0.00 Current Year Interest Earnings $0.00 Current Year Rebate Adjustments: Prior Yr Current Yr Veteran Enterprises $139,630.00 $129,190.00 ($10,440.00) Ferguson Enterprises, Inc. $4,174,564.93 $4,100,722.93 ($73,842.00) TIF Revenue Adjustment from Prior Year Estimate to Actual $594,439.87 $869,000.64 ($274,560.77) Subtract Current Year Revenue Estimate Reported Previously ($594.439.87) Net Obligation Certified as of 6/30/2013 $3,516,032.40 Variance $0.00 Reconciliation to TIF Indebtedness/Increment Tax Reconciliation from BHC Net Obligation Certified as of 6/30/2011 (from above) $3,516,032.40 FYE2011 Projected Revenue per BHC 12/3/2010 ($650,899.00) NE Industrial Park Cert Schedule 13.x1s Net Certified FY2013 Prepared by SGraham 11/2009 FYE2012 Projected Revenue per BHC 12/3/2010 ($653,000.00) Projected TIF Indebtedness Remaining at end of next fiscal year Per BHC TIF Tax Reconciliation $2,212,133.40 FYE2011 Projected Revenue per BHC 12/3/2010 ($650,899.00) Per City FYE2011 Budget $900,000.00 Variance $249,101.00 NE Industrial Park Cert Schedule 13.x1s Net Certified FY2013 EXHIBIT "A" 06/30/2006- Annual Project Designation: Northeast Industrial Area Tax Increment Redevelopment Area Schedule 1 Indebtedness Qualifying for Tax Increment Reimbursement Under Section 403.19(2) No. Source Description of Indebtedness Cumulative Amount AMOUNT INCURRED Cedar Valley FY2006 Principal $17,500.00 Contract $17,500.00 OFI Properties Principal TIF Tax Rebate $17,500.00 FY2009* $37,050.00 $54,550.00 FY2010* $37,050.00 $91,600.00 FY2011*1 $37,050.00 $128,650.00 FY2012*1 $37,050.00 $165,700.00 FY2013* $37,050.001 $202,750.00 *Estimated Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-1001 RESOLUTION AUTHORIZING CERTIFICATION TO THE COUNTY AUDITOR THE CITY' S EXPENDITURES THAT QUALIFY FOR REIMBURSEMENT FROM THE TAX INCREMENT FUND IN THE RATH AREA TAX INCREMENT DISTRICT. WHEREAS, the Code of Iowa allows the City to collect taxes within a certain geographical district to be deposited in a "Tax Increment Financing Fund", and WHEREAS, certification of the City' s expenditures within said district must be made to the County Auditor on a yearly basis . NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City Clerk be instructed to certify to the County Auditor all expenditures of the City that qualify for reimbursement from the Tax Increment Fund in the Rath Area Tax Increment District, as indicated in attached Exhibit "A" and Exhibit "B", be and the same are hereby approved. PASSED AND ADOPTED this 25th day of November, 2013 . Ernest G. Clark, Mayor ATTEST: uzy Sch res, CMC City Cle k 5 FY2009 $163,601.69 $527.23 $357,573.35 6 FY2010 $163,569.43 $128.91 $521,271.69 7 FY2011 $239,397.71 $295.63 $760,965.03 8 FY2012 $262,508.01 $268.30 $1,023,741.34 91 FY2013 1 $294,663.41 $203.77 $1,318,608.52 101 FY2014* 1 $263,426.00 $0.00 $1,582,034.52 *-Estimated Prepared by SGraham 11//2009 Updated by MWeidner 11/19/2011 Project Designation: Logan Avenue Tax Increment Redevelopment Area June 30,2013 Total Expenses Certified $2,299,915.92 Less: Total Revenue Certified through 6/30/2013 $1,318,608.52 Net Revenue Certified $1,318,608.52 Net Obligation Certified as of 6/30/2013 $981,307.40 FYE2014 Revenue Estimate $263,426.00 Net Projected Obligation for FYE14 Budget Year $717,881.40 Net Obligation Certified at 6/30/2013 $1,131,542.79 Add: Principal Interest Bonds Refinanced $30,750.00 $2,894.20 $33,644.20 $55,000.00 $5,424.01 $60,424.01 Current Year Debt Activity Government Relations $28,000.00 Current Year Rebate Adjustments: Prior Yr Current Yr CVS Pharmacy $0.00 $270,348.00 $270,348.00 Avita Developments, LLC $418,372.00 $443,560.00 $25,188.00 Less: Current Year PPEL $0.00 Current Year Interest Earnings ($203.77) Current Year Rebate Adjustments: Prior Yr Current Yr Logan Plaza Retail Building $187,920.00 $150,336.00 ($37,584.00) Walgreens $334,318.00 $328,824.00 ($5,494.00) Principal Interest Bonds Refunded ($30,750.00) ($7,947.06) ($38,697.06) ($55,000.00) ($11,520.00) ($66,520.00) Bonds Reallocated ($75,000.00) ($23,750.00) ($98,750.00) ($19,140.80) ($6,786.56) ($25,927.36) TIF Revenue Adjustment from Prior Year Estimate to Actual $262,508.01 $294,663.41 ($32,155.40) Subtract Current Year Revenue Estimate Reported Previously ($262;508.01) Logan Ave TIF Schedule 13.x1s Net Certified FY2013 Prepared by SGraham 11//2009 Updated by MWeidner 11/19/2011 Net Obligation Certified as of 6/30/2013 $981,307.40 Variance $0.00 Reconciliation to TIF Indebtedness/Increment Tax Reconciliation from BHC Net Obligation Certified as of 6/30/2011 (from above) $981,307.40 FYE2011 Projected Revenue per BHC 12/2010 ($239;398.00) FYE2012 Projected Revenue per BHC 12/3/2010 ($264,963.00) Projected TIF Indebtedness Remaining at end of next fiscal year Per BHC TIF Tax Reconciliation $476,946.40 FYE2011 Projected Revenue per BHC 12/3/2010 ($239,398.00) Per City FYE2011 Budget $236,340.00 Variance (S3,058.00) Logan Ave TIF Schedule 13.xls Net Certified FY2013 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-998 RESOLUTION AUTHORIZING CERTIFICATION TO THE COUNTY AUDITOR THE CITY' S EXPENDITURES THAT QUALIFY FOR REIMBURSEMENT FROM THE TAX INCREMENT FUND IN THE MARTIN ROAD TAX INCREMENT DISTRICT. WHEREAS, the Code of Iowa allows the City to collect taxes within a certain geographical district to be deposited in a "Tax Increment Financing Fund", and WHEREAS, certification of the City' s expenditures within said district must be made to the County Auditor on a yearly basis . NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City Clerk be instructed to certify to the County Auditor all expenditures of the City that qualify for reimbursement from the Tax Increment Fund in the Martin Road Tax Increment District, as indicated in attached Exhibit "A" and Exhibit "B", be and the same are hereby approved. PASSED AND ADOPTED this 25th day of November, 2013. G-/e%GC Ernest G. Clark, Mayor ATTEST: Suzy Sc ares, CMC City Clerk Exhibit"A Cumulative as of June 30,2013 Project Designation: Martin Road Tax Increment Redevelopment Area Schedule 1 Indebtedness Qualifying for Tax Increment Reimbursement Under Section 403.19 2 DATE OF DESCRIPTION OF Cumulative NO. ISSUANCE OR SOURCE INDEBTNESS Amount EXPENDITURE AMOUNT INCURRED Recording Fees FY 1998-1999 Principal $464.50 1999 GO Bonds $464.50 Design&Construction Engineering FY 1997-2001 Principal $20,328.07 1999 GO Bonds $20,792.57 FY 1999-2001 Principal $165,433.36 1999 GO Bonds $186,225.93 Construction of Road &SewerFinancin FY 1998-2000 Interest $148,169.07 1999 GO Bonds $334,395.00 Brock Inc.Property 5/18/2004 Principal $385,000.00 Contract $719,395.00 Contract Interest $55,598.78 $774,993.78 Denso Project Expenses FY 2004 Principal $51,218.16 2002 GO Bonds $826,211.94 -Fund 412 Interest $20,299.47 2002 GO Bonds $846,511.41 Martin Road FY2006 Principal $100,000.00 2006 GO Bonds $946,511.41 Development-Fund 406 Interest $57,473.78 $1,003,985.19 Denso Tax Rebates Principal TIF Rebate $1,003,985.19 30%2007 $14,055.53 $1,018,040.72 30%2008 $17,072.82 $1,035,113.54 30%2009 $18,329.83 $1,053,443.37 30%2010 $18,115.17 $1,071,558.54 30%2011 $18,140.07 $1,089,698.61 Wilbert Vault Rebates Principal TIF Rebate 90%2008 $25,367.50 $1,115,066.11 90%2009 $25,045.82 $1,140,111.93 90%2010 $24,686.00 $1,164,797.93 90%2011 $24,720.00 $1,189,517.93 90%2012 $24,490.00 $1,214,007.93 90%2013 $22,604.00 $1,236,611.93 90%2014* $21,116.00 $1,257,727.93 90%2015* $21,116.00 $1,278,843.93 90%2016* $21,116.00 $1,299,959.93 90%2017* $7,418.64 $1,307,378.57 Rain Soft Rebates TIF Rebate $1,307,378.57 100% 2009 $12,844.23 $1,320,222.80 100% 2010 Principal $12,698.00 $1,332,920.80 100% 2011 $12,716.00 $1,345,636.80 100% 2012 $12,598.00 $1,358,234.80 100% 2013 $13,124.00 $1,371,358.80 Young Development TIF Rebate (Country Estates) $1,371,358.80 100% 2010 $16,100.00 $1,387,458.80 100% 2011 $16,122.00 $1,403,580.80 100% 2012 $15,972.00 $1,419,552.80 100% 2013 Principal $15,216.00 $1,434,768.80 100% 2014* $14,216.00 $1,448,984.80 100% 2015* $14,216.00 $1,463,200.80 100% 2016* $14,216.00 $1,477,416.80 100% 2017* $14,216.00 $1,491,632.80 100% 2018*1 $2,770.49 $1,494,403.29 Exhibit"A Cumulative as of June 30,2013 Project Designation: Martin Road Tax Increment Redevelopment Area Schedule 1 Indebtedness Qualifying for Tax Increment Reimbursement Under Section 3.19(2) Stephen Riley TIF Rebate $1,494,403.29 100% 2010 $19,498.00 $1,513,901.29 100% 2011 $19,548.00 $1,533,449.29 100% 2012 Principal $19,368.00 $1,552,817.29 100% 2013 $16,028.00 $1,568,845.29 100% 2014* $14,972.00 $1,583,817.29 100% 2015* $14,972.00 $1,598,789.29 Maurer TIF Rebate $1,598,789.29 100% 2011 $56,178.00 $1,654,967.29 100% 2012 Principal $55,656.00 $1,710,623.29 100% 2013 $65,472.00 $1,776,095.29 100% 2014* $61,164.00 $1,837,259.29 100% 2015* $61,164.00 $1,898,423.29 JARF(Fahr Beverage) TIF Rebate $1,898,423.29 100% 2011 $22,268.00 $1,920,691.29 100% 2012 $22,062.00 $1,942,753.29 100% 2013 Principal $20,642.00 $1,963,395.29 100% 2014* $19,284.00 $1,982,679.29 100% 2015* $19,284.00 $2,001,963.29 100% 2016* $23,526.00 $2,025,489.29 Watessa TIF Rebate $2,025,489.29 100% 2012 $41,396.00 $2,066,885.29 100% 2013 $48,422.00 $2,115,307.29 100% 2014* $45,238.00 $2,160,545.29 100% 2015* $45,238.00 $2,205,783.29 68% 2016* Principal $30,762.00 $2,236,545.29 50% 2017* $22,618.00 $2,259,163.29 50% 2018* $22,618.00 $2,281,781.29 50% 2019* $22,618.00 $2,304,399.29 50% 2020* $22,618.00 $2,327,017.29 50% 2021* $22,618.00 $2,349,635.29 Deer Creek $2,349,635.29 2011 $300,000.00 $2,649,635.29 2012 $200,000.00 $2,849,635.29 2013 $200,000.00 $3,049,635.29 2014 $200,000.00 $3,249,635.29 2015 $200,000.00 $3,449,635.29 2016 Principal $200,000.00 $3,649,635.29 2017 $200,000.00 $3,849,635.29 2018 $200,000.00 $4,049,635.29 2019 $200,000.00 $4,249,635.29 2020 $200,000.00 $4,449,635.29 2021 $200,000.00 $4,649,635.29 2022 $200,000.00 $4,849,635.29 2023 $756,299.48 $5,605,934.77 Corstang Enterprises $5,605,934.77 2013 $38,063.00 $5,643,997.77 2014* Principal $18,129.00 $5,662,126.77 2015* $18,129.00 $5,680,255.77 2016* $18,129.00 $5,698,384.77 PTL Properties,LLC TIF Rebate $5,698,384.77 100% 2013 $26,946.00 $5,725,330.77 100% 2014* $23,534.00 $5,748,864.77 100% 2015* $23,534.00 $5,772,398.77 100% 2016* $23,534.00 $5,795,932.77 22% 2017* Principal $5,178.001 $5,801,110.77 Exhibit"A Cumulative as of June 30,2013 Project Designation: Martin Road Tax Increment Redevelopment Area Schedule 1 Indebtedness Qualifying for Tax Increment Reimbursement Under Section 403.19(2) 50% 2018* $11,766.00 $5,812,876.77 50% 2019* $11,766.00 $5,824,642.77 50% 2020* $11,766.00 $5,836,408.77 50% 2021* $11,766.00 $5,848,174.77 50% 2022* $11,766.00 $5,859,940.77 SVW Properties,LLC TIF Rebate $5,859,940.77 100% 2013 $27,170.00 $5,887,110.77 100% 2014* $24,396.00 $5,911,506.77 100% 2015* $24,396.00 $5,935,902.77 100% 2016* $24,396.00 $5,960,298.77 22% 2017* Principal $5,368.00 $5,965,666.77 50% 2018* $12,198.00 $5,977,864.77 50% 2019* $12,198.00 $5,990,062.77 50% 2020* $12,198.00 $6,002,260.77 50% 2021* $12,198.00 $6,014,458.77 50% 2022* $12,198.00 $6,026,656.77 1999 GO Bonds Refinanced-Deduct Old Debt Principal -$82,507.00 $5,944,149.77 Service 1999 GO Bonds Interest -$29,395.00 $5,914,754.77- 1999 GO Bonds Refinanced-Add New Debt Principal $82,971.00 $5,997,725.77 Service-Fund 407 Interest 2007 GO Bonds $23,222.00 $6,020,947.77 Martin Road Dev. FY2007 Principal $50,000.00 2007 GO Bonds $6,070,947.77 (taxable) Interest $17,728.00 $6,088,675.77 Martin Road Dev. FY 2008 Princi al $80,000.00 2008 GO Bonds $6,168,675.77 taxable Interest $25,000.00 $6,193,675.77 Corstang Purchase FY2009 Principal $196,020.00 Advance $6,389,695.77 San Sewer Design FY2010 Principal $558.00 Advance $6,390,253.77 San Sewer Design FY2011 Principal $425.50 Advance $6,390,679.27 2002 GO Bonds Refinanced-Deduct Old Debt Principal (529,403.28) $6,361,275.99 Service Interest2002 GO Bonds ($5,907.08 $6,355,368.91 2002 GO Bonds Refinanced-Add New Debt Principal $29,639.76 $6,385,008.67 Service-Fund 410 Interest2010 GO Bonds $3,063.42 $6,388,072.09 2006 GO Bonds Refinanced-Deduct Old Debt Principal ($75,000.00) $6,313,072.09 Service 2006 GO Bonds Interest (S20,421.26) $6,292,650.83 2006 GO Bonds Refinanced-Add New Debt Principal $75,000.00 Service-Fund 413(FY13) 2013 GO Bonds $6,367,650.83 Interest $5,788.40 $6,373,439.23 Reallocate Fund 407 G.O.Bonds to San Principal ($48,071.35) $6,325,367.88 Marnan Interest2007 G.O.Bonds $17,044.18 $6,308,323.70 Reallocate Fund 408 G.O.Bonds to San Principal S80,000.00 2008 G.O.Bonds $6,228,323.70 Marnan Interest $25,000.00) $6,203,323.70 Martin Road Dev. FY 2011 Principal $100,000.00 2011 GO Bonds $6,303,323.70 taxable Interest $37,730.31 $6,341,054.01 Development Serv. FY2011 Principal $1,200.00 Advance $6,342,254.01 Failor-HurleyGrant FY2011 Princi al $80,000.00 Advance $6,422,254.01 Failor-HurleyGrant FY2012 Principal $17.00 Advance $6,422,271.01 Deer Creek Dev. FY2013 Principal 1 $80,000.00 Grant 1 $6,502,271.01 San Sewer Design FY2012 Principal $1,505.001 Advance 1 $6,503,776.01 *estimated I EXHIBIT "B" Cumulative as of June 30,2013 Project Designation: Martin Road Tax Increment Redevelopment Schedule 2 Indebtedness Qualifying for Tax Increment Reimbursement Under Section 403.19(2) Amount eceive from Payments under Sec. Other Revenue No. Year Rec 402.12(2) Received Cumulative Amount 1 FY 1997 $0.00 $0.00 2 FY 1998 $0.00 $0.00 3 FY 1999 $3,573.58 $3,573.58 4 FY 2000 $7,314.98 $10,888.56 5 FY 2001 $76,616.52 $87,505.08 6 FY 2002 $60,214.96 $147,720.04 7 FY 2003 $67,780.85 $215,500.89 8 FY 2004 $74,966.48 $290,467.37 9 FY2005 $123,495.49 $413,962.86 10 FY2006 $150,499.75 $564,462.61 11 FY2007 $171,278.42 $101,903.67 $837,644.70 12 FY2008 $204,129.43 $18,939.01 $1,060,713.14 13 FY2009 $255,746.77 $5,108.00 $1,321,567.91 14 FY2010 $249,984.54 $460.98 $1,572,013.43 15 FY2011 $394,612.49 $888.50 $1,967,514.42 16 FY2012 $474,303.10 $32.15 $2,441,849.67 17 FY2013 $564,599.22 $74.41 $3,006,523.30 181 FY2014* 1 $514,404.00 $3,520,927.30 *- Estimated Prepared by MWeidner 11/12/2007 Project Designation: Martin Road Tax Increment Redevelopment Area June 30, 2013 Total Expenses Certified $6,503,776.01 Less: Total Revenue Certified through 6/30/2013 $3,006,523.30 Net Revenue Certified $3,006,523.30 Net Obligation Certified as of 6/30/2013 $3,497,252.71 FYE14 Revenue Estimate $514,404.00 Net Projected Obligation for FYE14 Budget Year $2,982,848.71 Net Obligation Certified at 6/30/2012 $2,097,483.62 Add: Current Year Debt Activity Current Year Rebate Adjustments: Prior Yr Current Yr Corstang Enterprises $0.00 $92,450.00 $92,450.00 Wilbert Burial Vault $214,725.32 $217,679.96 $2,954.64 Young Development $118,659.50 $123,044.49 $4,384.99 Deer Creek Development $1,100,000.00 $3,256,299.48 $2,156,299.48 Bonds Refinanced Principal Interest 2013D (2006B) $75,000.00 $5,788.40 $80,788.40 $2,336,877.51 Less: Current Year PPEL $0.00 Current Year Interest Earnings ($74.41) Current Year Rebate Adjustments: Prior Yr Current Yr Riley $106,498.00 $104,386.00 ($2,112.00) JARF $131,436.00 $127,066.00 ($4,370.00) Maurer $339,324.00 $299,634.00 ($39,690.00) Watessa $340,650.00 $324,146.00 ($16,504.00) PTL Properties, LLC $185,472.00 $161,556.00 ($23,916.00) SVW Properties, LLC $187,022.00 $166,716.00 ($20,306.00) Bonds Reallocated out of Martin Rd Principal Interest ($48,071.35) ($17,044.18) ($65,115.53) ($80,000.00) ($25,000.00) ($105,000.00) Bonds Refunded Principal Interest 2006B ($75,000.00) ($20,421.26) ($95,421.26) Martin Rd TIF Schedule 13.xls Net Certified FY2013 Prepared by MWeidner 11/12/2007 TIF Revenue Adjustment from Prior Year Estimate to Actual ($372.509.20) $474,303.10 $564,599.22 ($90,296.12) Subtract Current Year Revenue Estimate Reported Previously ($474,303.10) Net Obligation Certified as of 6/30/2013 $3,497,252.71 Variance $0.00 Reconciliation to TIF Indebtedness/Increment Tax Reconciliation from BHC Net Obligation Certified as of 6/30/2011 (from above) $3,497,252.71 FYE2011 Projected Revenue per BHC 12/3/2010 ($398,240.00) FYE2012 Projected Revenue per BHC 12/3/2010 ($473,070.00) Projected TIF Indebtedness Remaining at end of next fiscal year Per BHC TIF Tax Reconciliation $2,625,942.71 FYE2011 Projected Revenue per BHC 12/3/2010 ($398.240.00) Per City FYE2011 Budget $514,404.00 Variance $116,164.00 Martin Rd TIF Schedule 13.xls Net Certified FY2013 Exhibit"A 7/1/05 -06/30/2006 -ANNUAL Project Designation: Martin Road Tax Increment Redevelopment Area Schedule 1 Indebtedness Qualifying for Tax Increment Reimbursement Under Section 403.19(2) DATE OF NO. ISSUANCE OR SOURCE DESCRIPTION OF INDEBTNESS Cumulative EXPENDITURE Amount AMOUNT INCURRED Martin Road FY2006 Principal $100,000.00 G.O. Bonds $100,000.00 Development Interest $57,473.78 G.O. Bonds $157,473.78 Wilbert Vault Rebates Principal TIF Rebates $157,473.78 90% 2008* $22,302.00 $179,775.78 90%2009* $22,302.00 $202,077.78 90%2010* $22,302.00 $224,379.78 90%2011* $22,302.00 $246,681.78 90%2012* $22,302.00 $268,983.78 90%2013* $22,302.00 $291,285.78 90%2014* $22,302.00 $313,587.78 90%2015* $22,302.00 $335,889.78 90%2016* $22,302.00 $358,191.78 Rain Soft Rebates Principal TIF Rebates $358,191.78 100% 2010* $11,100.00 $369,291.78 100% 2011* $11,100.00 $380,391.78 100% 2012* $11,100.00 $391,491.78 100% 2013* $11,100.00 $402,591.78 100% 2014* $11,100.001 $413,691.78 *estimated 4 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-999 RESOLUTION AUTHORIZING CERTIFICATION TO THE COUNTY AUDITOR THE CITY' S EXPENDITURES THAT QUALIFY FOR REIMBURSEMENT FROM THE TAX INCREMENT FUND IN THE MIDPORT/AIRPORT TAX j INCREMENT DISTRICT. WHEREAS, the Code of Iowa allows the City to collect taxes within a certain geographical district to be deposited in a "Tax Increment Financing Fund", and WHEREAS, certification of the City' s expenditures within said district must be made to the County Auditor on a yearly basis . NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City Clerk be instructed to certify to the County Auditor all expenditures of the City that qualify for reimbursement from the Tax Increment Fund in the MidPort/Airport Tax Increment District, as indicated in attached Exhibit "A" and Exhibit "B", be and the same are hereby approved. PASSED AND ADOPTED this 25th day of November, 2013 . rnest G. Clark, Mayor ATTEST: Suzy Schaes, CMC City Clerk EXHIBIT"A" Cumulative as of June 30,2013 Project Designation: Airport Tax Increment Redevelopment Area Schedule 1 Indebtedness Qualifying for Tax Increment Reimbursement Under Section 403.19(2) No. Date Of Issuance or Source Amount Description of Cumulative Expenditure Indebtedness Amount incurred Site Development FY 1996 Principal $220,648.35 1996 GO Bonds $220,648.35 MidPort Blvd. FY 1996 Principal $170,748.90 1996 GO Bonds $391,397.25 Rail Improvements FY 1996 Principal $8,682.75 1996 GO Bonds $400,080.00 Interest $205,357.39 1996 GO Bonds $605,437.39 Loan-Cedar Falls BDC Principal $10,000.00 ADVANCE $615,437.39 Interest 97-00 $1,058.63 $616,496.02 Interest FY O1 $300.00 $616,796.02 Interest FY 02 $275.00 $617,071.02 Basic Materials(AADA)FY Principal $100,000.00 ADVANCE $717,071.02 1997 Interest 97-00 $10,561.65 $727,632.67 Interest FY O1 $3,000.00 $730,632.67 Interest FY 02 $3,000.00 $733,632.67 Interest FY 03 $3,180.82 $736,813.49 Interest FY04 $2,537.26 $739,350.75 InterestFY05 $2,400.00 $741,750.75 Interest FY06 $2,100.00 $743,850.75 InterestFY07 $1,800.00 $745,650.75 Interest FY08 $1,500.00 $747,150.75 Interest FY09 $1,200.00 $748,350.75 Interest FY10 $900.00 $749,250.75 Interest FY11 $600.00 $749,850.75 Interest FY12 $300.00 $750,150.75 MIDPORT BLVD.RISE PHASE 1 Principal $129,945.07 1997 GO Bonds $880,095.82 6/97 Rail Spur Improvements FY 97 Principal $116,629.00 1998 GO Bonds $996,724.82 Interest $119,366.30 1998 GO Bonds $1,116,091.12 Site Development FY 98 Principal $141,120.56 1998 GO Bonds $1,257,211.68 MidPort Blvd.FY 98 Principal $47,137.12 1998 GO Bonds $1,304,348.80 Rail Spur Improvements FY 98 Principal $77,449.07 1998 GO Bonds $1,381,797.87 Interest $123,689.79 1998 GO Bonds $1,505,487.66 Site Development FY 99 Principal $28,285.68 1999 G O Bonds $1,533,773.34 MidPort Blvd. FY 99 Principal $266,086.66 1999 G O Bonds $1,799,860.00 Sanitary Sewer FY 99 Principal $793,792.01 1999 G O Bonds $2,593,652.01 Interest $707,864.43 1999 G O Bonds $3,301,516.44 Site Development FY 00 Principal $106,524.92 2000 GO Bonds $3,408,041.36 Interest $55,651.00 $3,463,692.36 Sanitary Sewer FY 98-99 Principal $214,142.37 Advance $3,677,834.73 CB Richard Ellis Principal $210,000.00 Contract $3,887,834.73 Water Tap-WTT Principal $4,535.93 Advance $3,892,370.66 Water Tap-Adv.Heat Treat Principal $6,531.29 Advance $3,898,901.95 WTT Properties Tax Rebate TIF Rebate Agreement 100% 2001 $29,912.18 $3,928,814.13 100% 2002 $31,504.14 $3,960,318.27 100% 2003 $32,634.15 $3,992,952.42 Clear Windows Rebate TIF Rebate Agreement Page 1 of 4 EXHIBIT"A" Cumulative as of June 30,2013 Project Designation: Airport Tax Increment Redevelopment Area Schedule 1 Indebtedness Qualifying for Tax Increment Reimbursement _ Under Section 403.19(2) 75%2004 $13,243.08 006195.50 60%2005 $0.00 006195.50 45% 2006 $14,526.00 $4,020,721.50 30% 2007 $8,715.58 $4,029,437.08 15% 2008 $2,346.00 $4,031,783.08 Advanced Heat Treat Rebate TIF Rebate Agreement 100%2002 $43,149.60 $4,074,932.68 100%2003 $44,697.34 $4,119,630.02 100% 2004 $46,099.04 $4,165,729.06 Fed Ex Tax Rebate TIF Rebate Agreement 50%2008 $24,433.25 $4190162.31 50%2009 $26,224.00 $4,216,386.31 50%2010 $25,916.00 $4,242,302.31 50%2011 $25,952.00 $4,268,254.31 50%2012 $25,712.00 $4,293,966.31 Criterion Tax Rebate TIF Rebate Agreement 50%2008 $3119.76 $4,297,086.07 50%2009 $3,080.18 $4,300,166.25 50%2010 $3,036.00 $4,303,202.25 50%2011 $3,040.00 $4,306,242.25 50%2012 $3,012.00 $4,309,254.25 Advanced Heat Treat Rebate II TIF Rebate Agreement 50%2010 $37,584.00 $4,346,838.25 50%2011 $37,636.00 $4,384,474.25 50%2012 $37,288.00 $4,421,762.25 50%2013 $36,412.00 $4,458,174.25 50%2014* $34,018.00 $4,492,192.25 50%2015* $34,018.00 $4,526,210.25 50%2016* $20,410.00 $4,546,620.25 Magee Properties Rebate TIF Rebate Agreement 50%2009 $6126.00 $4,552,746.25 50%2010 $6,054.00 $4,558,800.25 50%2011 $6,062.00 $4,564,862.25 50%2012 $6,006.00 $4,570,868.25 50%2013 $6,284.00 $4,577,152.25 Accurate Gear Rebate TIF Rebate Agreement 50%2012 $6,334.00 $4,583,486.25 50%2013 $10,888.00 $4,594,374.25 50%2014* $10172.00 $4,604,546.25 50%2015* $10172.00 $4,614,718.25 50%2016* $10172.00 $4,624,890.25 ConAjzra Rebate TIF Rebate Agreement 90%2010 $440,056.00 $5,064,946.25 90%2011 $442,012.00 $5,506,958.25 90%2012 $437,912.00 $5,944,870.25 90%2013 $426,024.00 $6,370,894.25 90%2014* $397,998.00 $6,768,892.25 90%2015* $397,998.00 $7,166,890.25 90%2016* $397,998.00 $7,564,888.25 90%2017* $397,998.00 $7,962,886.25 80%2018* $353,776.00 $8,316,662.25 80%2019* $353,776.00 $8,670,438.25 70%2020* $309,554.00 $8,979,992.25 70%2021* $309,554.00 $9,289,546.25 70%2022* $309,554.00 $9,599,100.25 60%2023* $265,332.00 $9,864,432.25 607o 2024* $265,332.00 $10,129,764.25 60%2025* $265,332.00 $10,395,096.25 50%2026* $221,110.00 $10,6 6 206.25 50%2027* $221,110.00 $10,837,316.25 50%2028* $221,110.00 $11,058,426.25 50%2029* $221,110.00 $11,279,536.25 Empire Enterprises TIF Rebate Agreement 50%2011 $7,390.00 $11,286,926.25 50%2012 $7,322.00 $11,294,248.25 50%2013 $7,064.00 $11,301,312.25 50%2014* 1 $6,600.00 $11,307,912.25 Page 2 of 4 EXHIBIT"A" Cumulative as of June 30,2013 Project Designation: Airport Tax Increment Redevelopment Area Schedule 1 Indebtedness Qualifying for Tax Increment Reimbursement Under Section 403.19(2) 50%2015* $6,600.00 $11,314,512.25 LaFor e LLC TIF Rebate Agreement 50%2013 $32,740.00 $11,347,252.25 50%2014* $30,586.00 $11,377,838.25 50%2015* $30,586.00 $11,408,424.25 50%2016* $30,586.00 $11,439 010.25 50%2017* $30,586.00 $11,469,596.25 50%2018* $30,586.00 $11,500,182.25 50%2019* $30,586.00 $11,530,768.25 50%2020* $30,586.00 $11,561,354.25 Schwickerath TIF Rebate Agreement 50%2013 $2,844.00 $11,564,198.25 50%2014* $2,658.00 $11,566,856.25 50%2015* $2,658.00 $11,569,514,25 50%2016* $2,658.00 $11,572,172.25 50%2017* $2,658.00 $11,574,830.25 Tournier Manufacturing TIF Rebate Agreement 58%2013 $21,120.00 $11,595,950.25 Bob&Kaye Huff(TKE Holdings) TIF Rebate Agreement 50%2010 $0.00 $11,595,950.25 50%2011 $0.00 $11,5 5950.25 50%2012 $7,854.00 $11,603,804.25 50%2013 $4,952.00 $11,608,756.25 50%2014* $4,626.00 $11,613,382.25 Anthony&Christopher Huff TIF Rebate Agreement 50%2012 $1,458.00 $11,6 4840.25 50%2013 $3,512.00 $11,618,352.25 50%2014* $3,282.00 $11,621,634.25 50%2015* $3,282.00 $11,624,916.25 50%2016* $3,282.00 $11,628,198.25 Cedar Valley Warehouse LLC TIF Rebate Agreement 50%2017* $19,918.00 $11,648,116.25 50%2018* $19,918.00 $11,668,034.25 50%2019* $19,918,00 $11,687,952.25 50%2020* $19,918.00 $11,707,870.25 50%2021* $19,918.00 $11,727,788.25 CPM Acquisition,CorpTIF Rebate Agreement 50%2014* $10,058.00 $11,737,846.25 50%2015* $10,058.00 $11,747,904.25 50%2016* $10,058.00 $11,757,962.25 50%2017* $10,058.00 $11,768,020.25 50%2018* $10,058.00 $11,778,078.25 Howard L Allen Investments TIF Rebate Agreement 50%2015* $17,008.00 $11,795,086.25 50%2016* $17,008.00 $11,812,094.25 50%2017* $17,008.00 $11,829,102.25 50%2018* $17,008.00 $11,846,110.25 50%2019* $17,008.00 $11,863,118.25 M&R Iowa LLC Fed Ex TIF Rebate Agreement $11,863,118.25 50%2016* $12,841.42 $11,875,959.67 50%2017* $12,841.42 $11,888,801.09 50%2018* $12,841.42 $11,901,642.51 50%2019* $12,841.42 $11,914,483.93 50%2020* $12,841.42 $11,927,325.35 H drite Chemical Co. TIF Rebate Agreement $11,927,325.35 50%2015* $28,798.00 $11,956,123.35 50%2016* $28,798.00 $11,984,921.35 50%2017* $28,798.00 $12,013,719.35 50%2018* $28,798.00 $12,04 517.35 50%2019* $28,798.00 $12,071,315.35 Cedar Valley Economic Principal $4,500.00 Contract $12,075,815.35 Midport Sign Fund 412 Principal $51,825.00 412 GO Bonds $12,127,640.35 Interest $23,665.40 412 GO Bonds $12,151,305.75 Midport Sign Fund 411 Principal $11,069.00 411 GO Bonds $12,162,374.75 Interest $7,637.70 411 GO Bonds $12,170,012.45 Page 3 of 4 EXHIBIT"A" Cumulative as of June 30,2013 Project Designation: Airport Tax Increment Redevelopment Area Schedule 1 Indebtedness Qualifying for Tax Increment Reimbursement Under Section 403.19(2) Cedar Valley FY2004 Principal $17,500.00 Contract $12,187,512.45 Fund 413 Taxable Principal $200,000.00 413 GO Bonds $12,387,512.45 Interest $76,609.00 $12,464,121.45 Fund 413 Taxable-Reallocate Principal (5102,488.00) 413 GO Bonds $12,361,633.45 out of Mid ort Interest (538,889.00) $12,322,744.45 Fund 413 Tax Exempt Principal $100,000.00 413 GO Bonds $12,422,744.45 Interest $26,177.00 $12,448,921.45 Fund 413 Tax Exempt- Principal (555,358.87 413 GO Bonds $12,393,562.58 Reallocate out of Mid ort Interest (514,490.00) $12,379,072.58 Fund 413 Tax Exempt- Principal (S11466.93) 413 GO Bonds $12,337,605.65 Reallocate to Chamberlain Interest (51056.00) $12,326,749.65 Fund 414 Taxable-Reallocate Principal $1,000.00 414 GO Bonds $12,327,749.65 out of NE Ind Park Interest $488.00 $12,328,237.65 Greater Cedar Valley Alliance $17,500.00 Contract $12,345,737.65 FYE2005 Principal Greater Cedar Valley Alliance $17,500.00 Contract $12,363,237.65 FYE2006 Principal Greater Cedar ey ance $17,500.00 $12,380,737.65 FYE2007 Principal Contract Greater Cedar ey ance $32,000.00 $12,412,737.65 FYE2008 Principal Contract Greater Cedar Valley Alliance $32,000.00 $12,444,737.65 FYE2009 Principal Contract Greater Cedar Valley ance $32,000.00 $12,476,737.65 FYE2010 Principal Contract Greater Cedar Valley ance $9,500.00 $12,486,237.65 FYE2011 Principal Contract Greater Cedar Valley ance $16,167.00 $12,502,404.65 FYE2012 principal Contract Greater Cedar Valley Alliance $24,000.00 $12,526,404.65 FYE2013 Principal Contract 1998 GO Bonds Refinanced- Principal (5133,991.00) 1998 GO Bonds $12,372,413.65 Deduct Old Debt Service Interest (525,186.00) $12,347,227.65 1999 GO Bonds Refinanced- Principal (S--IS 2,216.00) 1999 GO Bonds $11,865,011.65 Deduct Old Debt Service Interest (5173,9 67,00) $11,691,044.65 1998 GO Bonds Refinanced- Principal $155,051.00 2007 GO Bonds $11,846,095.65 Add New Debt Service Interest $22,397.00 $11,868,492.65 1999 GO Bonds Refinanced- Principal $485,540.00 2007 GO Bonds $12,354,032.65 Add New Debt Service Interest $135,891.00 $12,489,923.65 Fund 409 Taxable Principal $155,000.00 2009 GO Bonds $12,644,923.65 Interest $37,543.26 $12,682,466.91 Welter Purchase Principal $349,018.34 Advance $13,031,485.25 WIDA Purchase Principal $14,367.18 Advance $13,045,852.43 LaFor e Grant Principal $214,463.00 Advance $13,260,315.43 FAA Land Release Principal $111,618.00 Advance $13,371,933.43 2002 GO Bonds Refinanced- Principal (S36,825.00) 1999 GO Bonds $13,335,108.43 Deduct Old Debt Service Interest (5146372.66) $13,188,935.77 2002 GO Bonds Refinanced- Principal $37,091.02 2010 GO Bonds $13,226,026.79 Add New Debt Service-Fund $75,805.14 $13,301,831.93 410 Interest Standard Trucking Grant Principal $99,985.00 Advance $13,401,816.93 Cedar Valley Warehouse,LLC Principal $221,350.00 Advance $13,623,166.93 Grant Andrew Lusson Grant Prmcipal 1 $56,575.50 Advance $13,679.742.43 *Estimated Page 4 of 4 EXHIBIT"B" Cumulative as of June 30,2013 Project Designation: Airport Tax Increment Redevelopment Schedule 2 Indebtedness Qualifying for Tax Increment Reimbursement Under Section 03.19(2) No. Year Received Amount Received Other Revenue Cumulative Amount from Payments under Received Sec.402.12(2) 1 FY 1996 $0.00 $0.00 2 FY 1997 $0.00 $0.00 3 FY 1998 $0.00 $0.00 4 FY 1999 $0.00 $0.00 5 FY 2000 $199,485.92 $199,485.92 6 FY 2001 $173,980.54 $373,466.46 7 FY 2002 $215,717.04 $589,183.50 8 FY 2003 $226,422.30 $815,605.80 9 FY 2004 $238,607.04 $1,054,212.84 10 FY2005 $329,246.96 $1,383,459.80 11 FY2006 $272,132.01 $1,655,591.81 12 FY2007 $352,005.51 $53,241.43 $2,060,838.75 13 FY2008 $490,903.37 $22,100.85 $2,573,842.9 14 FY2009 $905,538.28 $24,935.40 $3,504,316.65 15 FY2010 $1,153,257.70 $31,855.29 $4,689,429.64 16 FY2011 $1,217,346.57 $22,119.44 $5,928,895.65 17 FY2012 $1,286,480.54 $1,187.52 $7,216,563.71 18 FY2013 $1,452,505.80 $1,894.54 $8,670,964.05 19 FY2014* $1,447,609.001 $10,118,573.05 *ESTIMATED Prepared by MWeidner 11/21/2008 Project Designation: Airport Tax Increment Redevelopment Area June 30,2013 Total Expenses Certified $13,679,742.43 Less: Total Revenue Certified through 6/30/2013 $8,670,964.05 Net Revenue Certified $8,670,964.05 Net Obligation Certified as of 6/30/2013 $5,008,778.38 FYE14 Revenue Estimate $1,447,609.00 Net Projected Obligation for FYE14 Budget Year $3,561,169.38 Net Obligation Certified at 6/30/2012 $6,168,668.12 Add: Current Year Debt Activity Greater Cedar Valley Alliance $24,000.00 $24,000.00 Cedar Valley Warehouse, LLC $221,350.00 $221,350.00 Andrew Lusson $56,575.50 $56,575.50 Current Year Rebate Adjustments: Prior Yr Current Yr Cedar Valley Warehouse, LLC $0.00 $99,590.00 $99,590.00 CPM Acquisition Corp $0.00 $50,290.00 $50,290.00 Howard L Allen Investments $0.00 $85,040.00 $85,040.00 M&R Iowa, LLC (Fed Ex) $0.00 $64,207.10 $64,207.10 Hydrite Chemical Co. $0.00 $143,990.00 $143,990.00 Less: Current Year PPEL $0.00 Current Year Interest Earnings ($1,894.54) Current Year Rebate Adjustments: Prior Yr Current Yr Advanced Heat Treat $243,592.00 $237,366.00 ($6,226.00) Empire Enterprises $35,904.00 $34,976.00 ($928.00) Bob & Kaye Huff $17,758.00 $17,432.00 ($326.00) ConAgra $7,000,300.00 $6,654,646.00 ($345,654.00) LaForge, LLC $268,208.00 $246,842.00 ($21,366.00) Ronan & Lisa Schwickerath $14,570.00 $13,476.00 ($1,094.00) Tournier Manufacturing $93,220.00 $21,120.00 ($72,100.00) Accurate Gear $49,886.00 $47,738.00 ($2,148.00) Anthony and Chris Huff $15,506.00 $14,816.00 ($690.00) TIF Revenue Adjustment from Prior Year Estimate to Actual $1,286,480.54 $1,452,505.80 ($166,025.26) Airport TIF Certification Schedule 13.xls Net Certified FY2013 Prepared by MWeidner 11/21/2008 Subtract Current Year Revenue Estimate Reported Previously S_;. 2S-- 43-15'a Net Obligation Certified as of 6/30/2013 $5,008,778.38 Variance $0.00 Reconciliation to TIF Indebtedness/Increment Tax Reconciliation from BHC Net Obligation Certified as of 6/30/2012 (from above) $5,008,778.38 FYE2011 Projected Revenue per BHC 12/2010 ($1.209,954.00) FYE2012 Projected Revenue per BHC 12/3/2010 ($1.3 19,727.00) Projected TIF Indebtedness Remaining at end of next fiscal year Per BHC TIF Tax Reconciliation $2,479,097.38 FYE2011 Projected Revenue per BHC 12/3/2010 ($1,209,954.00) Per City FYE2012 Budget $1,447,609.00 Variance $237,655.00 Airport TIF Certification Schedule 13.x1s Net Certified FY2013 EXHIBIT"A" June 30, 2006 -Annual Project Designation: Airport Tax Increment Redevelopment Area Schedule 1 Indebtedness Qualifying for Tax Increment Reimbursement Under Section 403.19(2) No. Date Of Issuance or Source Amount Description of Cumulative Expenditure Indebtedness Amount incurred Basic Materials (AADA)FY Principal ADVANCE $0.00 1997 Interest FY06 $2,100.00 $2,100.00 Fed Ex Tax RebateTIF Rebate Agreement 50% 2008* $23125.00 $25,225.00 50% 2009* $23125.00 $48350.00 50% 2010* $23125.00 $71475.00 50% 2011* $23125.00 J $94 600.00 50% 2012* $23125.00 117 725.00 Criterion Tax Rebate Agreement 50%2008" $2 868.00 50%2009* $120 593.00 $2 868.00 $123,461.00 50%2010* $2,868.00 50%2011* $126 329.00 $2 868.00 $129197.00 50%2012* $2,868.00 $132 065.00 rea er ear Valley iance $17,500.00 FYE2006 Principal Contract $149,565.00 *Estimated City Prepared by Carol t eW terlooepIAy50703, Clerk,(319) 91 4323 .Waterloo, 715 Mulberry Street, RESOLUTION NO. 2013-995 RESOLUTION AUTHORIZING CERTIFICATION TO THE COUNTY AUDITOR THE CITY' S EXPENDITURES THAT QUALIFY FOR REIMBURSEMENT FROM THE TAX INCREMENT FUND IN THE DOWNTOWN WATERLOO URBAN RENEWAL AND REDEVELOPMENT TAX INCREMENT DISTRICT . WHEREAS, the Code of Iowa allows the City to collect taxes within a certain geographical district to be deposited in a "Tax Increment Financing Fund", and WHEREAS, certification of the City' s expenditures within said district must be made to the County Auditor on a yearly basis . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City Clerk be instructed to certify to the County Auditor all expenditures of the City that qualify for reimbursement from the Tax Increment Fund in the Downtown Waterloo Urban Renewal and Redevelopment Tax Increment District, as indicated in attached Exhibit "A" and Exhibit "B", be and the same are hereby approved. PASSED AND ADOPTED this 25th day of November, 2013 . Ernest G. Clark, Mayor ATTEST: uz4Sc res, CMC City Clerk Exhibit "A" Cumulative as of June 30, 2013 Project Designation:Downtown Waterloo Urban Renewal and Redevelopment Program Schedule 1 Indebtedness Qualifying for Tax Increment Reimbursement Under Section 403.19(2) DATE OF DESCRIPTION OF CUMULATIVE NO ISSUANCE OR SOURCE INDEBTEDNESS AMOUNT EXPENDITURE AMOUNT INCURRED 147 W. Park Ave. Paving Contract $273,409.61 Advance $273,409.61 91 Bridge Canopy Contract $573,433.57 Advance $846,843.18 152 Fourth Street Paving Contract $323,983.56 Advance $1,170,826.7 28 Bridge Lighting Contract $14,396.40 Advance $1,185,223.1 Phase I Study Contract $15,000.00 Advance $1,200,223.1 Phase II Study Contract $152,553.00 Advance $1,352,776.14 613 Water Acquisition Contract $72,500.00 Advance $1,425,276.1 UDAG#17/17/80 Principal $1,001,627.00 G.O. Bonds $2,426,903.1 Interest $428,749.00 G.O. Bonds $2,855,652.1 Phase III Stud 12/20/80 Contract $111,000.00 Advance $2,966,652.1 UDAG#2 7/6/81 Principal $774,990.00 G.O. Bonds $3,741,642.1 Interest $422,256.23 G.O. Bonds $4,163,898.3 West Side Parking Ramp Principal $4,725,000.00 G.O. Bonds $8,888,898.3 7/15/82 Interest $4,779,262.50 G.O. Bonds $13,668,160.8 East Side Parking Ramp 8/1/83 Principal $1,500,000.00 G.O. Bonds $15,168,160.8 Interest $1,073,981.25 G.O. Bonds $16,242,142.1 East Side Parking Facility Principal $350,000.00 G.O. Bonds $16,592,142.1 8/1/84 Interest $325,777.00 G.O. Bonds $16,917,919.1 Conway Plaza Skywalk 8/1/84 Principal $100,000.00 G.O. Bonds $17,017,919.1 Interest $93,079.00 G.O. Bonds $17,110,998.1 East Fifth St. Parking Ramp Principal $50,000.00 G.O. Bonds $17,160,998.1 5/85 Interest $46,539.50 G.O. Bonds $17,207,537.62 Tax Redeemed Properties 5/85 Contract $5,004.49 Advance $17,212,542.11 Sk walk Feasibility Stud 8/85 Contract $25,000.00 Advance $17,237,542.11 317 E.4th Longfellow Property Contract $12,000.00 Advance $17,249,542.11 12/85 East Fifth Parking Ramp 5/86 Principal $50,000.00 G.O. Bonds $17,299,542.11 Interest $37,051.09 G.O. Bonds $17,336,593.20 Ellis Hotel Demolition 8/86 Contract $15,000.00 Advance $17,351,593.20 Ellis Hotel Demolition 8/86 Contract $27,500.00 WIDA Advance $17,379,093.20 Paving 6/87 400 Blk E.4th St. Principal $360,000.00 G.O. Bonds $17,739,093.20 500 Blk Lafayette Interest $233,134.09 G.O. Bonds $17,972,227.29 East Fifth Parking Ramp 6/87 Principal $100,000.00 G.O. Bonds $18,072,227.29 Interest $64,759.47 G.O. Bonds $18,136,986.76 Conway Plaza Phase I Skywalk Principal $100,000.00 G.O. Bonds $18,236,986.76 Refinancing 6/87 Interest $64,759.47 G.O. Bonds $18,301,746.23 4th St. Bridge Covered Contract $127,000.00 Advance $18,428,746.23 Walkway 6/88 Conway Plaza Skywalk 7/88& Loan $132,625.00 Advance $18,561,371.23 7/89 Park Avenue Parking Ramp Principal $2,000,000.00 G.O. Bonds $20,561,371.23 Expansion Interest $1,092,565.97 G.O. Bonds $21,653,937.20 Property acquisition for Principal $37,055.17 1996 GO Bonds $21,690,992.3 Waterloo Industries 5/98 Interest $19,020.08 1996 GO Bonds $21,710,012.45 Acquisition 5/98 1 Principal $37,944.8311997 GO Bonds $21,747,957.28 Page 1 of 8 Exhibit "A" Cumulative as of June 30,2013 Project Designation:Downtown Waterloo Urban Renewal and Redevelopment Program Schedule 1 Indebtedness Qualifying for Tax Increment Reimbursement _ Under Section 403.19(2) Interest $18,369.06 1997 GO Bonds $21,766,326.3 Interest on Advance FY 98-00 TIF $68,160.00 Interest $21,834,486.3 Acquisition&Demo FY 98-00 TIF $116,002.25 Contracts $21,950,488.5 Acquisitions&Demo FY 98-00 Principal $647,654.75 1999 GO Bonds $22,598,143.34 Financing Interest $421,307.99 1999 GO Bonds $23,019,451.3 Acquisitions&Demo FY 00 Principal $80,602.57 2000 GO Bonds $23,100,053.9 Financing Interest $42,108.59 2000 GO Bonds $23,142,162.4 Parking Ramp Reconstruction Principal $150,000.00 1998 GO Bonds $23,292,162.4 FY 99-00 Financing Interest $69,826.77 1998 GO Bonds $23,361,989.2 Johnson Rebate#1 &2 Principal TIF Rebate 5 yrs®100% 8 yrs®100% 2000 $20,934.30 $23,382,923.5 2001 $21,381.91 $23,404,305.4 2002 $34,795.88 $23,439,101.35 2003 $35,043.46 $23,474,144.81 2004 $37,174.38 $23,511,319.19 2005 $21,086.46 $23,532,405.6 2006 $22,056.54 $23,554,462.1 2007 $13,472.74 $23,567,934.9 2008 $13,871.48 $23,581,806.41 2009 $17,815.56 $23,599,621.9 GSW Rebate 5 yrs.Q 100% Principal TIF Rebate 2001 $9,747.24 $23,609,369.21 2002 $10,982.28 $23,620,351.4 2003 $10,780.79 $23,631,132.2 2004 $11,732.94 $23,642,865.2 2005 $7,037.40 $23,649,902.62 Hollen Rebate 5 yrs.®100% Principal TIF Rebate 2001 $2,388.33 $23,652,290.9 2002 $2,954.68 $23,655,245.6 2003 $2,960.08 $23,658,205.71 2004 $3156.64 $23,661,362.35 2005 $3,881.06 $23,665,243.41 Ritter Rebate 10 yrs @ 100% or Principal TIF Rebate until$20,910 is yd 2001 $2,660.86 $23,667,904.2 2002 $2,837.28 $23,670,741.5 2003 $2,873.50 $23,673,615.0 2004 $3,031.20 $23,676,646.25 2005 $3,539.38 $23,680,185.63 2006 $3,647.56 $23,683,833.19 2007 $2,089.29 $23,685,922.48 2008 $230.93 $23,686,153.41 Lown Rebate#1 5 yrs 03100% Principal TIF Rebate 2001 $1,417.98 $23,687,571.3 2002 $1,694.74 $23,689,266.13 2003 $722.85 $23,689,988.9 2004 $1,005.92 $23,690,994.9 2006 $2,982.84 $23,693,977.7 Lown Rebate#2 5 yrs 03100% Principal TIF Rebate 2001 $495.42 $23,694,473.1 Page 2 of 8 Exhibit"A" Cumulative as of June 30,2013 Project Designation:Downtown Waterloo Urban Renewal and Redevelopment Program Schedule 1 Indebtedness Qualifying for Tax Increment Reimbursement Under Section 403.19(2) 2002 $565.50 $23,695,038.6 2003 $540.89 $23,695,579.5 2004 $604.16 $23,696,183. 2005 $946.84 $23,697,130.55 Roberts Rebate 5 yrs®100% Principal TIF Rebate 2002? $0 $23,697,130.5 2003? $23,697,130.55 2004? $23,697,130.55 2005? $23,697,130.5 2006? $23,697,130.55 Marsh Place Rebate 10 yrs Principal TIF Rebate 85% 2003 $11,693.83 $23,708,824.38 85%2004 $12,668.38 $23,721,492.76 85%2005 $8,193.78 $23,729,686.5 85%2006 $6,771.88 $23,736,458.4 85%2007 $6,777.58 $23,743,236.0 85%2008 $6,855.68 $23,750,091.6 85%2009 $6,743.00 $23,756,834.6 75%2010 $5,886.26 $23,762,720.9 60%2011 $4,716.00 $23,767,436.9 45%2012 $3,504.00 $23,770,940.9 Garthoff Rebate 5 yrs 03100% Principal TIF Rebate 2003 $0 $23,770,940.9 2004 $23,770,940.94 2005 $23,770,940.9 2006 $23,770,940. 2007 $23,770,940.9 Ament Rebate 5 yrs®100% Principal TIF Rebate 2002 $1601.89 $23,7 2542.8 2003 $1585.43 $23,774,128.2 2004 $1,711.38 $23,775,839.6 - 2005 $2,332.32 $23,778,171.96 2006 $2,424.79 $23,780,596.75 MIK Rebate 5 yrs Q 100% Principal TIF Rebate 2002 $6,516.00 $23,787,112.75 2003 $6,278.34 $23,793,391.0 2004 $6,684.60 $23,800,075.6 2005 $8,239.50 $23,808,315.1 2006 $8,540.82 $23,816,856.01 Micou Rebate Principal TIF Rebate $23,816,856.01 100% 2006 $595.15 $23,817,451.16 100% 2007 $2,135.84 $23,819,587.0 100% 2008 $2,174.48 $23,821,761.4 100% 2009 $2,550.41 $23,824,311.8 100% 2010 $2,528.00 $23,826,839.8 Cedar Skyline Rebate TIF Rebate $23,826,839.8 Gilmor&Doyle 100%*2003-2006 2007 Principal $49,742.55 $23,876,582.44 Gilmor&Doyle 100%* 2007 Principal $15,292.97 $23,891,875.41 Gilmor&Doyle 2008 Principal $16127.59 $23,908,003.00 Landau Rebate 10 yrs Q 100% Principal TIF Rebate 2003 $13,646.60 $23 921 649.6 Page 3 of 8 Exhibit"A" Cumulative as of June 30,2013 Project Designation:Downtown Waterloo Urban Renewal and Redevelopment Program Schedule 1 Indebtedness Qualifying for Tax Increment Reimbursement Under Section 403.19(2) 2004 $14,427.14 $23,936,076.7 2005 $17,025.24 $23,953,101.98 2006 $17,615.74 $23,970,717.7 2007 $20,435.62 $23,991,153.34 2008 $20,610.38 $24,011,763.72 2009 $22,243.62 $24,034,007. 2010 $21986.00 $24,055,993. 2011 $22,016.00 $24,078,009.34 2012 $21,812.00 $24,099,821.34 Orr Haffa Rebate 7 yrs @ 100% Principal TIF Rebate USA) $7,824.63 $24,107,645.9 2009 $8,612.00 $24,116,257.97 2010 $8,516.00 $24,124,773.97 2011 $8,528.00 $24,133,301.9 2012 $8,450.00 $24141751.9 2013 $14,156.00 $24,155,907.9 *2014 $13,226.00 $24169133.9 Slife Rebate 8 yrs @ 100% Principal TIF Rebate 2008 $6,808.06 $24,175,942.0 2009 $6,291.58 $24,182,233.61 2010 $6,200.00 $24,188,433.61 2011 $6,210.00 $24,194,643.6 2012 $6,152.00 $24,200,795.6 2013 $8,332.00 $24,209,127.61 *2014 $7,784.00 $24,216,911.61 *2015 $7,784.00 $24,224,695.6 Courier Rebate 10 yrs @ 100% Principal TIF Rebate 2008 $6,740.10 $24,231,435.71 _ 2009 $9,584.16 $24,241,019.87 2010 $9,446.00 $24,250,465.8 - 2011 $9,460.00 $24,259,925.8 2012 $9,372.00 $24,269,297.87 2013 $13,090.00 $24,282,387.87 - 2014* $12,228.00 $24,294,615.87 2015* $12,228.00 $24,306,843.87 2016* $12,228.00 $24,319,071.87 2017* $12,228.00 $24,331,299.87 NCNLtd.Rebate 7yrs @ 100% Principal TIF Rebate 2008 $0.00 $24,331,299.87 2009 $26,230.70 $24,357,530.57 2010 $23,408.00 $24,380,938.57 2011 $28,218.00 $24,409,156.57 2012 $34,291.00 $24,443,447.57 2013 $40,653.00 $24,484,100.57 2014* $31,734.00 $24,515,834.57 2015* $23,006.00 $24,538,840.57 ollen II Rebate 5 yrs.@ 100% Principal TIF Rebate 2007 $1,793.46 $24,540,634.03 2008 $1,855.44 $24,542,489.47 2009 $2,470.00 $24,544,959.47 2010 $2,456.00 $24,547,415.47 2011 $2,456.00 $24,549,871.47 CN Bank-3rd Floor 10 yrs.@ 100% Principal _ TIF Rebate 2009 $16126.00 $24,565,997.4 i Page 4 of 8 I Exhibit"'A" Cumulative as of June 30,201_3 Project Designation: Downtown Waterloo Urban Renewal and Redevelopment Program Schedule 1 Indebtedness Qualifying for Tax Increment Reimbursement _ Under Section 403.19(2) 2010 $16,062.00 $24,582,059.4 _ 2011 $16,084.00 $24,598,143.47 2012 $15,934.00 $24,614,077.4 2013 $15,922.00 $24,629,999.47 2014" $14,876.00 $24,644,875.4 2015* $14,876.00 $24,659,751.4 2016* $14,876.00 $24,674,627.47 2017* $14,876.00 $24,689,503.47 2018* $14,876.00 $24,704,379.4 sa Development 5 yrs.@ 100% Principal TIF Rebate $24,704,379.47 2009 $6,146.00 $24,710,525.4 2010 $3,044.00 $24,713,569.47 2011 $9,140.00 $24,722,709.4 2012 $13,426.00 $24,736,135.4 2013 $9,766.00 $24,745,901.4 Jackie Rosic 5 yrs.@ 100% Principal TIF Rebate $24 745 901.4 2009 $4,149.00 $24,750,050.47 2010 $4,166.00 $24,754,216.4 2011 $4,172.00 $24,758,388.4 2012 $4,132.00 $24,762,520.4 2013 $7120.00 $24,769,640.47 Dolly lames,LLC 10yrs.@ 100% Principal TIF Rebate $24 769 640.4 2015* $64 968.00 $24,834,608.47 2016* $64,968.00 $24,899,576.4 2017* $64,968.00 $24,964,544.47 2018* $64,968.00 $25,029,512.41 2019* $64,968.00 $25,094,480.4 2020 $64 968.00 $25,159,448.47 2021 64,968.001 $25,224,416.4 2022` $64,968.00 $25,289,384.4 2023* $64,968.00 $25,354,352.4 2024* $64,969-00 $25,419,320.47 ischels Holdings,LLC I0yrs.@ 60% Principal $25,419,320.47 2016• $3,522.00 $25,422,842.47 2017* $3,522.00 $25,426,364.47 2018* $3,522.00 $25,429,886.47 2019* $3 522.00 $25,433,408.47 2020* $3 522.001 $25,436,930.4 2021* $3,522.00 $25,440,452.47 2022* $3,522.00 $25,443,974.47 2023* $3,522.00 $25,447,496.47 2024* $3,522.00 $25,451,018.4 2025* $3,522.00 $25,454,540.4 Downtown Redevelopment Principal $307,500.00 2001 GO Bonds $25,762,040.4 6/01 Interest $145,177.00 2001 GO Bonds $25,907,217.4 SSMID Taxes Principal $66,512.46 Contract $25,973,729.93 Downtown St. RISE Match Principal $150,000.00 2003 GO Bonds $26,123,729.93 Fund 413 Interest $32,912.00 2003 GO Bonds $26,156,641.93 US 63 Study Fund 411 Principal $50,000.00 2001 GO Bonds $26,206,641.93 Interest $23,446.50 2001 GO Bonds $26,230,088.43 Windows on Waterloo V Principal $11,002.00 2002 GO Bonds $26,241,090.43 Fund 412 Interest $7,674.00 2002 GO Bonds $26,248,764.43 Downtown Redevelopment Principal $200,000.0012003 GO Bonds $26,448,764.43 Page 5 of 8 Exhibit "A" Cumulative as of June 30,2013 Project Designation: Downtown Waterloo Urban Renewal and Redevelopment Program Schedule 1 _____Indebtedness Qualifying for Tax Increment Reimbursement Under Section 403.19(2) Fund 413 Interest $47,888.00 2003 GO Bonds $26,496,652.43 Downtown Redevelopment Principal $55,358.07 2003 GO Bonds $26,552,010.50 Fund 413 Interest $14,490.00 2003 GO Bonds $26,566,500.50 Downtown Redevelopment Principal $78,114.59 2003 GO Bonds $26,644,615.09 Fund 413 Interest $18,707.00 2003 GO Bonds $26,663,322.0 Downtown Street Lighting Princi al $40,000.00 2004 GO Bonds $26,703,322.09 Fund 414 Interest $13,450.00 2004 GO Bonds $26,716,772.0 Main Street 2004 Principal $30,000.00 Contract $26,746,772.0 SSMID 2003 Principal $56,641.16 Contract $26,803,413.2 SSMID 2004 Principal $896.59 Contract $26,804,309.8 Main Street 2005 Principal $30,000.00 Contract $26,834,309.84 Downtown Acquisition Fund Principal $140,000.00 2004 GO Bonds $26,974,309.8 414 taxable Interest $71,380.00 2004 GO Bonds $27,045,689.84 Vandewalle Contract Fund Principal $60,000.00 2004 GO Bonds $27,105,689.8 414 Interest $23,225.36 2004 GO Bonds $27,128,915.20 Downtown Redevelopment Principal $215,000.00 2004 GO Bonds $27,343,915.20 Fund 414 Interest $80,212.62 2004 GO Bonds $27,424,127.82 Downtown Street Lighting Principal $10,000.00 2004 GO Bonds $27,434,127.8 Fund 414 Interest $3,965.36 2004 GO Bonds $27,438,093.1 Main Street 2006 Principal $30,000.00 Contract $27 468 093.18 Downtown Acquisition Principal $150,000.00 2004 GO Bonds $27,618,093.18 Fuj]d 414 Interest $53,362.50 2004 GO Bonds $27,671,455.6 Downtown Acquisition Principal $850,000.00 2005 GO Bonds $28,521,455.68 Flind 415 Interest $282,397.50 2005 GO Bonds $28,803,853.1 Downtown Dev Fund 406 Principal $100,000.00 2006 GO Bonds $28,903,853.18 tax exemut Interest $40,915.00 2006 GO Bonds $28,944,768.18 WDC Properties I Acquisition Principal $240,000.00 Advance $29,184,768.18 Contract Interest $24,330.00 Advance $29,209,098.1 Downtown Dev. Fund 406 Principal $500,000.00 2006 GO Bonds $29,709,098.18 .tax exempt Interest $194,662.60 2006 GO Bonds $29,903,760.78 Downtown Property Acq. Principal $546,079.28 Advance $30,449,840.06 Main Street 2007 Principal $30,000.00 Contract $30,479,840.06 Main Street 2008 Principal $30,000.00 Contract $30,509,840.06 Main Street 2009 Principal $30,000.00 Contract $30,539,840.06 Main Street 2010 Principal $40,000.00 Contract $30,579,840.06 Main Street 2011 Principal $40,000.00 Contract $30,619,840.06 Main Street 2012 Principal $40,000.00 contract $30,659,840.06 Main Street 2013 Principal $40,000.00 contract $30,699,840.06 1998 GO Bonds Refinanced - Principal ($87,000.00) 1998 GO Bonds $30,612,840.06 Deduct Old Debt Service Interest ($14,231.00) 1998 GO Bonds $30,598,609.06 1998 GO Bonds Refinanced- Principal $87,600.00 2007 GO Bonds $30,686,209.06 Add New Debt Service Interest $12,654.00 $30,698,863.06 1999 GO Bonds Refinanced - Principal ($287;327.00) 1999 GO Bonds $30,411,536.06 Deduct Old Debt Service Interest (S]03,658.00) 1999 GO Bonds $30,307,878.06 1999 GO Bonds Refinanced- Principal $289,301.00 2007 GO Bonds $30,597,179.06 Add New Debt Service Interest $80,969.00 $30,678,148.06 Fund 407 Pump Station Principal $1,050,000.00 2007 GO Bonds $31,728,148.06 Interest $379,495.001 $32,107,643.06 Fund 407 Parking Ramp Principal 1 $700,000.0012007 GO Bonds $32,807,643.06 Page 6 of 8 _ Exhibit "A_" Cumulative as of June 30,2013 Project Designation: Downtown Waterloo Urban Renewal and Redevelopment Pro_a_m Schedule 1 Indebtedness Qualifying for Tax Increment Reimbursement _ Under Section 403.19(2) Interest $257,645.00 $33,065,288.06 Fund 407 Property Acq. Principal $200,000.00 2007 GO Bonds $33,265,288.06 Tax exempt Interest $74,550.00 $33,339,838.06 Fund 407 Property Acq. Taxable Principal $200,000.00 2007 GO Bonds $33,539,838.06 Interest $71,112.50 $33,610,950.56 Fund 407 Development Plan Principal $100,000.00 2007 GO Bonds $33,710,950.56 Interest $39,250.00 $33,750,200.56 Fund 408 Development Plan Principal $100,000.00 2008 GO Bonds $33,850,200.56 Tax Exempt Interest $34,332.50 $33,884,533.06 Fund 408 Property Acq. Principal $150,000.00 2008 GO Bonds $34,034,533.06 Tax Exempt Interest $45,655.00 $34,080,188.06 Fund 408 Public Market Principal $585,000.00 2008 GO Bonds $34,665,188.06 Taxable Interest $172,750.00 $34,837,938.06 Fund 408 Parking Ramp Principal $1,400,000.00 2008 GO Bonds $36,237,938.06 Taxable Interest $407,250.00 $36,645,188.06 E.4th Street Streetscape Project Principal $9,200.00 Advance $36,654,388.06 E 4th Street Improvements Principal $420,029.47 Advance $37,074,417.53 E 4th Street Principal $21,961.18 Advance $37,096,378.71 2009 Downtown Parking Principal $700,000.00 2009 GO Bonds $37,796,378.71 Garages-Exempt Interest $209,558.86 $38,005,937.5 2009 Downtown Development Principal $100,000.00 2009 GO Bonds $38,105,937.5 Plan-Exempt Interest $31,156.89 $38,137,094.46 2009 Downtown Acquisitions- Principal $250,000.00 2009 GO Bonds $38,387,094.46 Exempt Interest $71,649.06 $38,458,743.5 2009 Downtown Acquisitions- Principal $300,000.00 2009 GO Bonds $38,758,743.5 Taxable Interest $81,214.30 $38,839,957.8 Fund 410 Downtown Principal $60,000.00 2010 GO Bonds $38,899,957.8 Development Plan-Taxable Interest $10,893.17 $38,910,850.99 Fund 410 Downtown Principal $506,000.00 2010 GO Bonds $39,416,850.99 Acquisitions-Taxable Interest $97,450.89 $39,514,301.88 2002 GO Bonds Refinanced - Principal ($11,002.00) 1999 GO Bonds $39,503,299.88 Deduct Old Debt Service Interest (57,674.00) 1999 GO Bonds $39,495,625.88 2002 GO Bonds Refinanced- Principal $11,031.56 2007 GO Bonds $39,506,657.4 Add New Debt Service-Fund Interest $3,979.74 $39,510,637.18 410 2004 GO Bonds Refinanced - Principal (S85,000.00) 2004 GO Bonds $39,425,637.18 Deduct Old Debt Service Interest (517,925.00) 2004 GO Bonds $39,407,712.18 2004 GO Bonds Refinanced- Principal $85,000.00 2011 GO Bonds $39,492,712.18 Add New Debt Service-Fund Interest $12,705.56 $39,505,417.7 411 2005 GO Bonds Refinanced - Principal ($510,000.00) 2005 GO Bonds $38,995,417.7 Deduct Old Debt Service- Interest96,405.00 Downtown Acquisitions ($ ) $38,899,012.74 2005 GO Bonds Refinanced- Principal $510,000.00 2012 GO Bonds $39,409,012.74 Add New Debt Service-Fund 412 2012 Interest $51,204.18 $39,460,216.9 2003 GO Bonds Refinanced - Principal 1 ($60,000.00)12003-GO Bonds $39,400,216.9 Page 7 of 8 Exhibit"A" Cumulative as of June 30,2013 Project Designation: Downtown Waterloo Urban Renewal and Redevelopment Program Schedule 1 ---- ---- -___ Indebtedness Qualifying for Tax Increment Reimbursement _ Under Section 403.19(2) Deduct Old Debt Service- Interest (56,290.00) $39,393,926.9 Comm St Extension 2003 GO Bonds Refinanced- Principal $60,000.00 2012 GO Bonds $39,453,926.9 Add New Debt Service-Fund Interest $1,892.82 $39,455,819.7 412(2012) 2003 GO Bonds Refinanced - Principal (530,446.87) 2003 GO Bonds $39,425,372.8 Deduct Old Debt Service- Courier Bldg Acq(Midport) Interest (53,401.00) $39,421,971.8 2003 GO Bonds Refinanced- Principal $30,446.87 2012 GO Bonds $39,452,418.7 Add New Debt Service-Fund Interest $698.56 $39,453,117.30 412(2012) 2003 GO Bonds Refinanced - Principal ($35,149.00) 2003 GO Bonds $39,417,968.30 Deduct Old Debt Service- Courier Bldg Acq(Rath) Interest ($3,686.00), $39,414,282.30 2003 GO Bonds Refinanced- Principal $35,149.00 2012 GO Bonds $39,449,431.30 Add New Debt Service-Fund 412(2012) Interest $985.75 $39,450,417.05 2003 GO Bonds Refinanced - Principal ($30,000.00) 2003 GO Bonds $39,420,417.05 Deduct Old Debt Service- Downtown Lighting Interest (53,145.00} $39,417,272.05 2003 GO Bonds Refinanced- Principal $30,000.00 2012 GO Bonds $39,447,272.05 Add New Debt Service-Fund 412(2012) Interest $504.69 $39,447,776.7 Fund 411 Downtown Principal $100,000.00 2011 GO Bonds $39,547,776.7 Development Plan-Taxable Interest $37,066.11 $39,584,842.85 Fund 411 Downtown Principal $800,000.00 2011 GO Bonds $40,384,842.85 Acquisitions-Taxable Interest $269,240.97 $40,654,083.8 Fund 411 Downtown Principal $800,000.00 2011 GO Bonds $41,454,083.8 Demolitions-Taxable Interest $269,240.97 $41,723,324.79 Fund 412 Downtown Principal $800,000.00 2012 GO Bonds $42,523,324.7 Acquisitions-Taxable Interest $98,233.13 $42,621,557.9 Fund 412 Downtown Principal $60,000.00 2012 GO Bonds $42,681,557.9 Development Plan Interest $7,290.00 $42,688,847.92 Fund 413 Downtown Principal $950,000.00 2013 GO Bonds $43,638,847.9 Acquisitions-Taxable Interest $125,810.76 $43,764,658.68 Fund 413 Downtown Principal $80,000.00 2013 GO Bonds $43,844,658.68 Development Plan Interest $10,579.03 $43,855,237.71 Teamsters Acquisition Principal $92,781.02 Advance $43,948,018.73 E 4th Street Principal $31,886.19 Advance $43,979,904.9 TechWorks Principal $24,104.93 Advance $44,004,009.85 TIF Expansion Principal $1,063.75 Advance $44,005,073.60 Cedar Skyline Forgiveable Loan Principal $247,500.00 Advance $44,252,573.60 TechWorks Principal $3,977.50 Advance $44,256,551.10 *Estimated Page 8 of 8 EXHIBIT"B" Cumulative as of June 30, 2013 Project Designation: Downtown Waterloo Urban Renewal and Redevelopment Program Schedule 2 Indebtedness Qualifying for Tax Increment Reimbursement Under Section 403.19(2) Amount Received from Year Payments under Sec. Other Revenue No. Received 402.12(2) -TIF Received Cumulative Amount 1 FY 1977 $22,566.19 $22,566.19 2 FY 1978 $50,863.50 $73,429.69 3 FY 1979 $163,010.80 $236,440.49 4 FY 1980 $216,795.08 $453,235.57 5 FY 1981 $319,027.40 $772,262.97 6 FY 1982 $385,731.14 $1,157,994.11 7 FY 1983 $476,100.00 $1,634,094.11 8 FY 1984 $534,281.00 $2,168,375.11 9 FY 1985 $582,411.43 $2,750,786.54 10 FY 1986 $773,667.04 $72,793.00 $3,597,246.58 11 FY 1987 $829,625.00 $121,738.00 $4,548,609.58 12 FY 1988 $778,965.94 $73,975.00 $5,401,550.52 13 FY 1989 $607,992.00 $76,019.00 $6,085,561.52 14 FY 1990 $1,104,273.00 $199,453.84 $7,389,288.36 15 FY 1991 $911,105.00 $292,043.20 $8,592,436.56 16 FY 1992 $887,043.00 $136,932.05 $9,616,411.61 17 FY 1993 $881,666.00 $131,685.90 $10,629,763.51 18 FY 1994 $897,520.00 $146,935.03 $11,674,218.54 19 FY 1995 $752,642.00 $131,841.98 $12,558,702.52 20 FY 1996 $657,480.00 $203,285.29 $13,419,467.81 21 FY 1997 $602,482.27 $207,785.90 $14,229,735.98 22 FY 1998 $552,575.59 $198,774.53 $14,981,086.10 23 FY 1999 $599,707.53 $72,765.79 $15,653,559.42 24 FY 2000 $549,044.97 $72,000.00 $16,274,604.39 25 FY 2001 $781,750.82 $72,000.00 $17,128,355.21 26 FY 2002 $874,603.46 $72,000.00 $18,074,958.67 27 FY 2003 $797,581.70 $72,000.00 $18,944,540.37 28 FY 2004 $746,995.28 $19,691,535.65 29 FY 2005 $849,326.72 $20,540,862.37 30 FY2006 $972,617.30 $21,513,479.67 31 FY2007 $935,872.08 $143,555.75 $22,592,907.50 32 FY2008 $990,766.64 $16,979.08 $23,600,653.22 33 FY2009 $1,229,705.33 $3,671.82 $24,834,030.37 34 FY2010 $1,302,412.88 $334.14 $26,136,777.39 35 FY2011 $1,191,328.01 $1,609.19 $27,329,714.59 36 FY2012 $1,284,556.61 $401.43 $28,614,672.63 37 FY2013 $1,702,931.84 $121.07 $30,317,725.54 38 FY2014* $1,557,749.00 $31,875,474.54 * Estimated Values # Includes Special Assessments and Parking Revenue s Prepared by MWeidner 11/21/2008 Project Designation: Downtown Waterloo Urban Renewal and Redevelopment Program June 30,2013 I Total Expenses Certified $44,256,551.10 Less:Total Revenue Certified through 6/30/2013 $30,317,725.54 Net Revenue Certified $30,317,725.54 Net Obligation Certified as of 6/30/2013 $13,938,825.56 FYE14 Revenue Estimate $1,557,749.00 Net Projected Obligation for FYE14 Budget Year $12,381,076.56 Net Obligation Certified at 6/30/2012 $13,787,537.18 Add: Current Year Debt Activity TechWorks $3,977.50 $3,977.50 Main Street $40,000.00 $40,000.00 Current Year Rebate Adjustments: Prior Yr Current Yr Courier $91,462.26 $106,604.26 $15,142.00 NCN 1 $198,621.70 $207,540.70 $8,919.00 Dolly James $0.00 $649,680.00 $649,680.00 Fischels Holdings, LLC $0.00 $35,220.00 $35,220.00 New Bonds Issued: Principal Interest $510,000.00 $51,204.18 $561,204.18 $60,000.00 $1,892.82 $61,892.82 $30,446.87 $698.56 $31,145.43 $35,149.00 $985.75 $36,134.75 $30,000.00 $504.69 $30,504.69 $950,000.00 $125,810.76 $1,075,810.76 $80,000.00 $10,579.03 $90,579.03 $2,640,210.16 Less: Current Year Interest Earnings ($121.07) Current Year Rebate Adjustments: Prior Yr Current Yr Chuck Orr $70,242.63 $69,312.63 ($930.00) Jacky Rosic $23,829.00 $23,739.00 ($90.00) Slife $56,657.64 $55,561.64 ($1,096.00) Community Natl Bank $159,738.00 $154,508.00 ($5,230.00) G.O. Bonds Refunded: Principal Interest ($510,000.00) ($96,405.00) ($606,405.00) ($60,000.00) ($6,290.00) ($66,290.00) ($30,446.87) ($3,401.00) ($33,847.87) ($35,149.00) ($3,686.00) ($38,835.00) ($30,000.00) ($3,145.00) ($33,145.00) ($785,989.94) TIF Revenue Adjustment from Prior Year Estimate to Actual $1,284,556.61 $1,702,931.84 ($418,375.23) Subtract Current Year Revenue Estimate Reported Previously ($1,284,556.61) I Net Obligation Certified as of 6/30/2013 $13,938,825.56 I Downtown TIF Schedule 13.xis Net Certified FY2013 i Prepared by MWeidner 11/21/2008 Variance Reconciliation to TIF Indebtedness/Increment Tax Reconciliation from BHC _ Net Obligation Certified as of 6/30/2011 (from above) $13,938,825.56 FYE2011 Projected Revenue per BHC 12/3/2010 ($1,188,127.00) FYE2012 Projected Revenue per BHC 12/3/2010 ($1,371,716.00) I Projected TIF Indebtedness Remaining at end of next fiscal year Per BHC TIF Tax Reconciliation $11,378,982.56 FYE2011 Projected Revenue per BHC 12/3/2010 ($1,188,127.00) Per City FYE2011 Budget $1,557,749.00 Variance $369,622.00 i Downtown TIF Schedule 13.xis Net Certified FY2013 v Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-996 RESOLUTION AUTHORIZING CERTIFICATION TO THE COUNTY AUDITOR THE CITY' S EXPENDITURES THAT QUALIFY FOR REIMBURSEMENT FROM THE TAX INCREMENT FUND IN THE CATTLE CONGRESS TAX INCREMENT DISTRICT. WHEREAS, the Code of Iowa allows the City to collect taxes within a certain geographical district to be deposited in a "Tax Increment Financing Fund", and WHEREAS, certification of the City' s expenditures within said district must be made to the County Auditor on a yearly basis . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City Clerk be instructed to certify to the County Auditor all expenditures of the City that qualify for reimbursement from the Tax Increment Fund in the Cattle Congress Tax Increment District, as indicated in attached Exhibit "A" and Exhibit "B", be and the same are hereby approved. PASSED AND ADOPTED this 25th day of November, 2013 . i I I Ernest G. Clark, Mayor ATTEST: uzy hares, CMC City lerk Exhibit "A June 30, 2013 Project Designation: Cattle Congress Tax Increment Redevelopment Area Schedule 1 Indebtedness Qualifying for Tax Increment Reimbursement Under Section 403.19(2) DATE OF NO. ISSUANCE OR SOURCE DESCRIPTION OF INDEBTNESS Cumulative EXPENDITURE Amount AMOUNT INCURRED FY2004 $0.00 FY2005 $0.00 FY2006 $0.00 FY2007 $0.00 FY2008 $0.00 FY2009 $0.00 FY2010 $0.00 FY2011 $0.00 FY2012 I 1 $0.00 EXHIBIT "B" June 30,2013 Project Designation: Cattle Congress Tax Increment Redevelopmen Schedule 2 Indebtedness Qualifying for Tax Increment Reimbursement Under Section 403.19(2) No. Year Received Received from Amount 1 FY2004 $0.00 $0.00 2 FY2005 $0.00 $0.00 3 FY2006 $0.00 $0.00 4 FY2007 $0.00 $0.00 5 FY2008 $0.00 $0.00 6 FY2009 $0.00 $0.00 7 FY2010 $0.00 $0.00 8 FY2011 $0.00 $0.00 9 FY2012 $0.00 $0.00 10 FY2013 $0.00 $0.00 *- Estimated Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-997 RESOLUTION AUTHORIZING CERTIFICATION TO THE COUNTY AUDITOR THE CITY' S EXPENDITURES THAT QUALIFY FOR REIMBURSEMENT FROM THE TAX INCREMENT FUND IN THE LOGAN AVENUE TAX INCREMENT DISTRICT. WHEREAS, the Code of Iowa allows the City to collect taxes within a certain geographical district to be deposited in a "Tax Increment Financing Fund", and WHEREAS, certification of the City' s expenditures within said district must be made to the County Auditor on a yearly basis . NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City Clerk be instructed to certify to the County Auditor all expenditures of the City that qualify for reimbursement from the Tax Increment Fund in the Logan Avenue Tax Increment District, as indicated in attached Exhibit "A", be and the same is hereby approved. PASSED AND ADOPTED this 25th day of November, 2013 . rnest G. Clark, Mayor ATTEST: Suzy Sc ares, CMC City Clerk h Exhibit"A June 30,2013 Project Designation: Lo an Avenue Tax Increment Redevelo ment Area Schedule 1 Indebtedness Qualifying for Tax Increment Reimbursement Under Section 403.19 2 Cumulative DATE OF DESCRIPTION OF INDEBTNESS Amount ISSUANCE OR SOURCE NO. EXPENDITURE AMOUNT INCURRED $522,545.25 Princi al $522,545.25 Contract $645,205.11 6/112004 Interest $122,659.86 Land Acquisition $664,803.19 Princi al $19,598.08 2002 GO Bonds $671,748.83 FY2002 Bonds Interest $6,945.64 Misc. Improvements $761,748.83 Princi al $90,000.00 2005 GO Bonds FY2005 068.83 $793, Hy Vee Lease Interest $31,320.00 $843,068.83 $50,000.00 Princi al2006 GO Bonds $868,725.65 Hy Vee Lease & Misc Fund 406 taxable Merest $25,656.82 improvements 000.00 $908,725.65 $40, Princi al 2004 GO Bonds $925,961.67 Logan TIF Improvements Fund 414 taxable Merest $17,236.02 ,000.00 $975,961.67 $50 Principal 2007 GO Bonds $993,689.67 Logan TIF Improvements Fund 407 taxable Merest $17,728.00 . 0 $75,0000 $1,068,689.67 Princi al 2008 GO Bonds $1,092,439.67 Logan TIF Improvements Fund 408 taxable Merest $23,750.00 $100,000.00 $1,192,439.67 Princi al 2010 GO Bonds $1210,594.95 Fund 410 taxable Merest $18,155.28 Logan TIF Improvements $1,196,832.81 l ($13,762.14) 2002 GO Bonds Principal 2002 GO Bonds Refinanced - Deduct Old S�173.13) $1,193,659.68 Debt Service Interest ( - $1,207,687.84 2010 GO Bons 2002 GO Bonds Refinanced -Add New Debt Princi al $14,028.16 d $1,209,333.42 Service - Fund 410 Interest $1,645.58 Princi al (521,333.31) $1,188,000.11 2004 GO Bonds $1182,477.44 2004 GO Bonds Refinanced (Fund 414) - Merest 05,522.67) Deduct Old Debt Service Princi al $21,333.31 2011 GO Bonds $1,203,810.75 2004 GO Bonds Refinanced (Fund 414) - $1,206,064.03 Add New Debt Service - Fund 411 Interest $2,253.28 ($30,750.00) $1,175,314.03 2006 GO Bonds $1167,366.97 2006 GO Bonds Refinanced (Fund 406) - Princi al Merest (57,947.06} Deduct Old Debt Service Principal $30,750.00 $1,198,116.97 d Bons 2006 GO Bonds Refinanced (Fund 406) - 2013 GO $1,201,011.17 Add New Debt Service - Fund 413 (2013) Interest $2,894.20 i5' 2008 GO Bonds 000.00} $1,126,011.17 Interest 2008 GO Bonds Reallocated to San Marnan - mere al (st ($^523 750.00) $1,102,261.17 FY11 519 $1,083,120.37 2007 GO Bonds Reallocated to San Marnan -Princi a1 ( 6,14Q80)86 �b) 2008 GO Bonds $1,076,333.81 FY 11 Interest 2005 GO Bonds Refinanced (Fund 405) - Princi al (555,000.00) $1,021,333.81 Deduct Old Debt Service Interest 511.5_0.00; $1,009,813.81 2005 GO Bonds Refinanced (Fund 405) - Princii2al $55,000.00 2013 GO Bonds $1,064,813.81 Add New Debt Service - Fund 412 (2012) Interest $5,424.01 $1,070,237.82 Logan Plaza Retail Building 100%2012 Principal $0.00 Rebate $1,070,237.82 100%2013 $0.00 $1,070,237.82 100%2014* $37,584.00 $1,107,821.82 100%2015* $37,584.00 $1,145,405.82 100%2016* $37,584.00 $1,182,989.82 100%2017* $37,584.00 $1,220,573.82 Walgreen's 100%2012 Principal $52,934.00 Rebate $1,273,507.82 100%2013 $70,346.00 $1,343,853.82 100%2014* $51,386.00 $1,395,239.82 100%2015* $51,386.00 $1,446,625.82 100%2016* $51,386.00 $1,498,011.82 100%2017* $51,386.00 $1,549,397.82 Avita 100%2012 Principal $89,982.00 Rebate $1,639,379.82 100%2013 $87,806.00 $1,727,185.82 74%2014* $60,702.00 $1,787,887.82 50%2015* $41,014.00 $1,828,901.82 50%2016* $41,014.00 $1,869,915.82 50%2017* $41,014.00 $1,910,929.82 50%2018* $41,014.00 $1,951,943.82 50%2019* $41,014.00 $1,992,957.82 D&L 100%2012* Principal IRebate $1,992,957.82 100%2013* $1,992,957.82 100%2014* $1,992,957.82 100%2015* $1,992,957.82 100%2016* $1,992,957.82 CVS Pharmacy 100%2015* Principal $45,058.00 Rebate $2,038,015.82 100%2016* $45,058.00 $2,083,073.82 100%2017* $45,058.00 $2,128,131.82 100%2018* $45,058.00 $2,173,189.82 100%2019* $45,058.00 $2,218,247.82 100%2020* $45,058.00 $2,263,305.82 CVS Principal $610.10 Advance $2,263,915.92 Government Relations Contract Principal $8,000.00 Advance $2,271,915.92 Government Relations Contract Principal $28,000.00 Advance $2,299,915.92 Exhibit"B June 30,2013 Project Designation: Logan Avenue Tax Increment Redevelopment Area Schedule 2 Indebtedness Qualifying for Tax Increment Reimbursement Under Section 403.19(2) No. Year Received Received Other Revenue Cumulative Amount 1 FY2005 $0.00 $0.00 $0.00 2 FY2006 $0.00 $0.00 $0.00 3 FY2007 $45,666.48 $0.00 $45,666.48 4 FY2008 $146,296.25 $1,481.70 $193,444.43 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-990 RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 1 WITH AECOM TECHNICAL SERVICES, 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 Supplemental Agreement No. 1 dated November 25, 2013, in an amount not to exceed $55, 500 . 00, for the addition of electrical upgrades, heating, ventilating and air conditioning improvements in conjunction with the Waterloo Easton WPCF Belt Press Addition, Contract No. 697, by and between AECOM Technical Services, 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 25th day of November, 2013 . Ernest G. Clark, Mayor ATTEST: Q,4 A Q Suzy Sc res, CMC j City Cle k I 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 Council Communication Mayor City Council Meeting: 11/25/13 BUCK CLARK Prepared: 11 20 13 Dept. Head Signature: -� COUNCIL # of Attachments: 3 MEMBERS ................... SUBJECT. Acceptance of Total Acquisition Contract for: Parcel#8913-16-301- DAVID 001,Auditor Whitney Road Plat Part of Lot 54, generally located at the southeast JONES Ward 1 corner of North Hackett Road and Greenwood Avenue, Prairie Construction Company, Inc., successor in interest to Jens Olesen&Sons Construction Company, COOLELE C $40,000.00, plus up to $1,000 in closing expenses. Ward 2 Submitted by: Aric Schroeder, City Planner HAROLD GETTY Recommended City Council Action:Adopt a resolution approving the total Ward acquisition contract. QUENTIN Summary Statement: Acceptance of total acquisition contract for Parcel #8913-16- Ward 4 AR 301-001 as part of the Sherwood Park Recreation Area and Hartman Reserve Nature Center Additions Project. RON WELPER Expenditure Required: $40,000.00 plus up to $1,000.00 in closing expenses. Ward 5 Source of Funds: Department of Natural Resources Resource Enhancement and BOB GREENWOOD Protection (REAP) Fund Grant, grant agreement number 12-R4-XQ. At-Large Policy Issue: N/A STEVE SCHMITT Alternative: N/A At-Large Background Information: The City Council previously approved the application and grant agreement for the implementation of a Resource Enhancement and Protection Fund Grant agreement(REAP) to assist the City of Waterloo in the acquisition and development of land for the enhancement and protection of open space areas in the Sherwood Park area. The Total Acquisition Contract is subject to the City Council approval of the form of offer and the specific offer terms for each property. We have received an accepted offer on the above property and are requesting Council approval of the offer so that we can proceed to closing on the property. Please find attached a copy of the Total Acquisition Contract for the property in question. The purchase price is based on the appraised value for the property. The City of Waterloo had previously executed an acquisition contract CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer dated June 18, 2013 that was approved by the Waterloo City Council on July 1, 2013 by Resolution No. 2013-569. Said contract expired by its terms, and the parties have agreed that the former contract is of no further force or effect, and the attached contract is intended as a new agreement between the parties concerning the acquisition of the same subject property, but with certain terms revised, including a change in the previously approved purchase price of$35,500, which is being increased to $40,000 based on an updated appraisal. Said updated appraisal has been approved by the DNR, who has oversight of the REAP grant. Legal Description:AUDITOR WHITNEY ROAD PLAT PART OF LOT 54 COM AT NWLY COR LOT 19 SHERWOOD PARK TH SELY 668 FT 8 IN TO RT OF WAY OF C R I & P R R TH NWLY 585 FT TO ROAD ON SEC LINE TH 313 FT 6 IN N TO COUNTY ROAD TH WELY 471 FT 10 IN TO BEG. CC: Noel Anderson,Community Planning&Development Director Aric Schroeder,City Planner file t TOTAL ACQUISITION CONTRACT PARCEL NO. 8913-16-301-001 COUNTY Black Hawk PROJECT Sherwood Park Area Property Acauisitions ROAD NO.N/A THIS AGREEMENT is made and entered into this 25th day of November ,A.D,20 13 by and between Prairie Construction Co.. Inc., successor in interest to Jens Olesen & Sons Construction Company Seller,and City of Waterloo,Iowa,Buyer. 1. SELLER AGREES to sell to Buyer,and Buyer agrees to buy,the following real estate,hereinafter Parcel No.8913- 16-301-001 in the City of Waterloo State of Iowa,and more particularly described as AUDITOR WHITNEY ROAD PLAT PART OF LOT 54 COM AT NWLY COR LOT 19 SHERWOOD PARK TH SELY 668 FT 8 IN TO RT OF WAY OF C R 18,P R R TH NWLY 585 FT TO ROAD ON SEC LINE TH 313 FT 6 IN N TO COUNTY ROAD TH WELY 471 FT 10 IN TO BEG,as said parcel may be more accurately described in the abstract of title, which includes the following buildings,improvements and other property:none,land only The premises also includes all estates, rights, title and interests, including all easements, and all advertising devices and the right to erect such devices as are located thereon. SELLER ACKNOWLEDGES full settlement and payment from the Buyer for all claims per the terms of this contract and discharges the Buyer from liability because of this contract and the construction of this public improvement project. 2. Possession of the premises is the essence of this contract and Buyer may enter and assume full use and enjoyment of the premises per the terms of this contract. SELLER GRANTS Buyer the immediate right to enter the premises for the purpose of gathering survey and soil data. SELLER MAY surrender possession of the premises or building or improvement or any part thereof prior to the time at which he has hereinafter agreed to do so,and agrees to give Buyer ten(10)days notice of Sellers intention to do so by calling Buyer at(319)291-4366. 3. Buyer agrees to pay and SELLER AGREES to grant the right of possession,convey title and to surrender physical possession of the premises as shown on or before the dates listed below. Payment Amount Agreed Performance Date $ 40.000 Total Lump Sum Right of Possession Within 90 days after the date set forth above,unless extended by mutual agreement of the parties Notes: Property appraised at$40,000 by Rally Appraisal, LLC, 2302 W Isf Street, Cedar Falls, IA 50613, dated November 16,2012. 4. SELLER WARRANTS that there are no tenants on the premises holding under the lease except: 5. This contract shall apply to and bind the legal successors in interest of the Seller and SELLER AGREES to pay all liens and assessments against the premises,including all taxes and special assessments payable until surrender of possession as required by Section 427.2 of the Code of Iowa,and agrees to warrant good and sufficient title. Names and addresses of lienholders are: 6. Each page and each attachment is by this reference made part hereof and the entire agreement consists of 2 pages. 7. Following consultation with Buyer about the timing of closing,Seller shall promptly provide to Buyer an abstract of title to the Property, if Seller possesses one. Buyer shall cause the abstract of title to be updated or prepared at Buyer's sole expense.The abstract shall show marketable title in Seller in conformity with this Offer, Iowa law,and title standards of the Iowa State Bar Association.The Seller shall make every reasonable effort to promptly perfect title. If closing is delayed due to Seller's inability to provide marketable title,this Offer shall continue in force and effect until either party rescinds the Offer after giving ten (10) days'written notice to the other party.The abstract shall become the property of Buyer when the Offer Price is paid in full.Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or its assignees. After all valid objections have been satisfied or provided for, Seller shall have no obligation to pay.for further abstracting,excepting any made necessary by its own affairs.Unless stricken,the abstract shall be obtained from an abstracter qualified by the Guaranty Division of the Iowa Finance Authority. At closing,Seller shall convey title to Buyer by warranty deed. . 8. If the Seller holds title to the premises in joint tenancy with full rights of survivorship and not as tenants in common at the time of this contract,Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from that survivor,provided the joint tenancy has not been destroyed by operation of law or acts of the Seller. 9_ SELLER AGREES to keep fire, tomado,extended coverage and added perils insurance in the minimum amount of $ payable to all parties as their interests may appear from this date until delivery of the deed and 1 possession. Buyer shall notify all insurance companies of this contract. In case of loss or destruction of part or all of " the premises from causes covered by the insurance,SELLER AGREES to accept the lump sum payment to endorse the proceeds of any such insurance recovery to the Buyer,and SELLER ASSIGNS the proceeds of any such insurance recovery to the Buyer,and SELLER ASSIGNS to Buyer any and all of Seller's rights under such insurance contract. 10. CONTINGENCIES:This contract shall become effective only upon the acceptance and approval of it by the City Council of the City of Waterloo, and the environmental clearance of the land in accordance with Phase I site assessment and recommended subsequent activities(if determined necessary by the City of Waterloo).The City of Waterloo obtained a Phase I Environmental Site Assessment report dated July 3, 2013 from HR Green, Inc. The assessment indicated the presence of recognized environmental conditions that could impact the subject property,and completion of a Phase II Environmental Site Assessment was recommended. Specifically the Phase I ESA indicated the potential for asbestos containing materials(ACM) and lead based paint(LBP)to be located on the subject property. Closing hereunder is contingent upon Seller closing out the site as a rubble fill site. Close out shall consist of compliance with all applicable ordinances of the City of Waterloo and all requirements of the Black Hawk County Health Department. Seller shall act with diligence to achieve close out. Seller is responsible for all costs and any permitting or approval required for all work related with the close out. Seller shall obtain a letter from the Black Hawk County Health Department stating that the Department's requirements for close out have been satisfied. 11. Seller and Buyer are parties to an acquisition contract dated June 18,2013 and approved by the Waterloo City Council on July 1,2013 by Resolution No.2013-569. Said contract expired by its terms,and the parties agree that the former contract is of no further force or effect. This contract is intended as a new agreement between the parties concerning the same subject matter,but with certain terms revised. 12.This written contract constitutes the entire agreement between Buyer and Seller and there is no agreement to do or not to do any act or deed except as specifically provided herein. SELLER'S SIGNATURE AND CLAIMANTS CERTIFICATION: Upon due approval and execution by the Buyer, we the undersigned claimants certify the total lump sum payment shown herein is just and unpaid. XX Michael L Christiason for Prairie Construction Co. Inc. successor in Interest to Jens Olesen L Sons Construction Company FEIN#- 14?- APP, 4ZAPP VAL RE ME BY: Planning Director (Date) APPROVED BY: ATTEST: (Mayor) (City Clerk) DATE APPROVED: RESOLUTION NO.: 2 ' y, r ►„td's • � - - t. •a a 4 '�t"a.- -c ► -u _ YMAirllilirYi�MAllid�l7• yCINT�V�.' Ae �'K�• .'+,.A � � f. ice. z 44 € � 4µ a, �`� • �" ..F H� �y -. if L� /. i�` � � ate. s 41 SC IX gjk low Am • � � ^rt- � ► �IM�' y, rye ,�,i� ., a»,� .A ,�� h "'k 4`.�• � '�,Y9.-moi -�.z*i y� -� "F { e 1- �Y ` � _ z Clerk, City of Waterloo, Carol Nemmers► Deputy City 291_4323 . Prepared by Street, Waterloo, IA 50703, (319) 715 Mulberry RESOLUTION NO. 2013-991 IN RESOLUTION ACCEPTING AND LL PREAL PROVIPROPERTYATO ACQUISITION CONTRACT TO THE CITY AND ACCEPTING AND APPROVING CERTAIN DEED. y parcel WHEREAS, the Cit of Waterloo, Iowa, has had the described herein appraised and the fair market value ascertaine , and parcel WHEREAS, the acquisition Sherwood the k hereinafter Recreation b Area and is in conjunction with the Sher Hartman Reserve Nature Center Addition Project. COUNCIL OF THE NOW, THEREFORE, BE IT RESOLVED BY THE CITYfor the parcel CITY OF WATERLOO, IOWA, that the contract City Black Hawk hereinafter described to sell inethe City ofhWaterloo,f Water ot, Iowa, all of which is situated County, Iowa, is accepted and approved and the Mayor and City behalf of Clerk are authorized and directed toexecute necessary to nconsummate the City and to execute all instruments property from the owner thereof, and the agreement to purchase the p P Y i the deed for the conveyance directed to pay for the e same is also accepted an approved and the City of Waterloo property and the incidental expenses necessary to the consummation of the sale from City funds . The subject parcel is: Owner - Prairie Construction Company, Inc. , successor in-interest tJens oeSons Construction Company - Parcel No. 301001 000 . 00, plus up to $1, 000 . 00 in Total Acquisition - $40, closing costs 4 COM AUDITOR WHITNEY ROAD PLAPARKTTH ART OF LOT SELY 668 FT 8 IN TO RTWOF COR LOT 19 SHERWO SE WAY OF C R I & P TORTH COUNTYLROADSTHTTO WELYROA1 OFT lOCINITO TH 313 FT 6 IN N BEG. PASSED AND ADOPTED this 25th day of November, 2013 . 4X hestG. lark, Mayor ATTEST: Suzy Scha es, CMC City Cler 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 Mayor BUCK CLARK Council Communication COUNCIL City Council Meeting: November 25, 2013 MEMBERS Prepared: November 18, 2013 ••••••••••••••••••• Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 DAVID JONES SUBJECT: Resolution approving Development Agreement with MMC Properties Ward 1 pp 9 p 9 p LLC for the construction of a 10,000 sq. ft. industrial building on Lot 2 of the South CAROLYN Port Addition (Geraldine Road), adding $352,000 of taxable value to the site, and COLE offering a grant to purchase property for $73,868, and authorize Mayor to sign and Ward fully execute the document. HAROLD GETTY Submitted by: Noel Anderson, Community Planning and Development Director Ward 3 QUENTIN Recommended City Council Action: Approval of resolution as noted above HART Summary Statement: As you may recall, the City of Waterloo recently worked with Ward 4 State RISE funds for the construction of Geraldine Road on the south side of Airline RON Highway for the creation of more industrial lots. The City has seen one 40,000 sq. ft. WELDER spec building built, has an agreement for another 40,000 spec building to start soon, Ward has helped Koelker Excavating build a new 10,400 sq. ft. building on a lot, and is BOB now recommending for the approval of this Development Agreement for another GREENWOOD 10,000 sq. ft. building to be built in SouthPort. This new building would be the fifth At-Large project in this area (2 spec 40,000 sq. ft. buildings, Koelker, and La Forge) and bring STEVE forth new industrial development and jobs to the area. SCHMITT Expenditure Required: $73,868 At-Large Source of Funds: MidPort TIF cash Policy Issue: Economic Development Alternative: NA Background Information: The use of RISE funds is a great way for the City to provide new lot creation, and is matched with local option sale tax funding — utilizing those funds for not only for road construction, but economic development through road construction as well. The two stages of RISE funding for this area has now provided over $4.9 million in new taxable value to this area, as well as construction jobs, new employees, new energy, new excitement to the area. CITY WEBSITE: www.ci.waterloo.ia.us r WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer i Preparer Inicrmation: noel Anderson 715 Mulberry Street waterlog lowra 50703 (319)291-4366 Name Address City Phone SPACE ABOVE THIS LINE FOR RECORDER DEVELOPMENT AGREEMENT This Development Agreement(the "Agreement") is entered into as of 2013, by and between MMC Properties, LLC (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 Airport Tax Increment Finance District. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Purchase of Property. Company is purchasing the real property described on Exhibit "A" attached hereto (the "Property"). The purchase price for the Property is $73,868.00 (the "Purchase Price"). Company shall take all steps necessary or advisable to complete the purchase of the Property and to obtain marketable title thereto as promptly as possible. 2. Improvements by Company. Company shall construct on the Property one industrial building of not less than 10,000 square feet, and related improvements to the buildings and grounds (collectively, the "Improvements"). 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 1 6 contemplated that the Improvements will have a total project cost of approximately $352,000. 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". 3. Grant for Land Acquisition; Mortgage. The City shall make an economic development grant (the "Grant") to the Company for the Project in an amount equal to the Purchase Price, i.e., $73,868.00, to be paid by City on Company's behalf to the seller at the time of closing on the Property purchase transaction. No later than such closing, Company shall execute and deliver to City a mortgage (the "Mortgage") to secure Company's contingent repayment obligations under Section 4 below. City will record the Mortgage in the public land records. Company shall be in default of the Mortgage if, among other terms of default stated therein, Company is in default of any Project Mortgage described in Section 6 below pursuant to the terms of such Project Mortgage. 4. 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 Grant to Company and that without said commitment City would not have done so. Measured from the date of approval of this agreement, Company must obtain a building permit and begin construction within four (4) months, and construction shall be completed within an additional twelve (12) months. If Company has not, in good faith, begun the construction of the Improvements on the schedule stated above, this Agreement may be cancelled at the sole option of City, and Company must repay grant funds to City. If construction has not begun within the scheduled period 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, Company must repay Grant funds to City. If construction has begun within the required period or any extended period and 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 Project completion schedule 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 this Agreement may be cancelled at the sole option of City. 5. Indemnity. Company 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, other than permitted mortgages as described in Section 6, If City files suit to enforce the terms of this Agreement or the Mortgage 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 2 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 (a "Project Mortgage") 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 Project Mortgage. Company may not mortgage or encumber the Property or any part thereof for any purpose except in connection with financing of the Improvements, whether through a construction loan or permanent loan. City agrees to subordinate its Mortgage to any Project Mortgage. 7. Water and Sewer. Company will be responsible for extending water and sewer service to any location on the Property and for payment of any associated connection fees. 6. 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 amount of$360,370.00 (the "Minimum Actual Value"), through: (i) willful destruction of the Property, Improvements, or any part of either; 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. 9. 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. 3 :7 10. 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. 11. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 12. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 13. 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 Attention: 4 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. 14. 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. 15. 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 i default. 16. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement I 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 i thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 17. 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. 18. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 19. 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. 5 20. 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. 21. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement as of the date first set forth above. [signatures on next page] 6 CITY OF WATERLOO, IOWA MMC PROPERTIES, LLC By. a By. Ernest G. Clark, Mayor Title: dill Bradford, President Atter Suzy S ares, City Clerk PERSONAL GUARANTY. The undersigned, being either an officer, shareholder, manager, or member of Company, hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein. Liability of guarantors hereunder is joint and severa e Bill Bradfor'r. esident cc 77232fi RIST0PHC.?U W JMMISSICN NO f>. %iy COMMISSION,� 7 n EXHUT "A" Legal Description of the Property South Port Second Addition Lot 2, City of Waterloo, Black Hawk County,Iowa. j I j 1 EXHIBIT "B" ViftMUM ASSESSMENT AGREEfthENT This Minimum Assessment Agreement(the "Agreement") is entered into as of this -7 11 1 7 , day of 2013, by and among the CITY OF WATERLOO, IOWA ("City"), MMC Properties, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company 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 Company will undertake the development of an area ("Project")within the City and within the Airport Tax Increment Finance District; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company 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 Company, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project shall not be less than $360,370.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before the date that is twelve (12) months from the date hereof. 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 Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by 1 the 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 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, including but not limited to future owners of the Project property. CITY OF WATERLOO, IOWA MMC PROPERTIES, LLC By: By: Ernest G. Clark, Mayor till Bradfordnager By:r��-7 (<u By: L-17 Suzy S— ares, City Clerk Manager STATE OF IOWA ) SS. COUNTY OF BLACK HAWK On this day of 2013, 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. SIAZ DeAnne Kobliska COMMISSION NO.763995 -- otary Public My COMMISSION EXPIRES 2 STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on 2013 by and as Managers of MMC Properties, LLC. Notary Public 3 s 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 Sixty Thousand Three Hundred Seventy Dollars {$360,370} in the aggregate, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. i Ass ssor fear Blaki Hawk Coun y, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK } Subscribed and sworn to before me on 2011b T-w* J Me-F-af--lai-rd,,Assessor for Black Hawk County, Iowa. ` Notary Public A'lit Y C-C)MMISSiON NO, 195766 {Nf CC) MIs 4ON EXPIRES 1 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323 . RESOLUTION NO. 2013-992 RESOLUTION APPROVING DEVELOPMENT AGREEMENT WITH MMC PROPERTIES, LLC 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 Development Agreement dated November 25, 2013, for the construction of a 10, 000 square foot industrial building on Lot 2 of the South Port Addition (Geraldine Road) , adding $352, 000 . 00 of taxable value to the site, and offering a grant to purchase property for $73, 868 . 00, by and between MMC Properties, LLC 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 25th day of November, 2013 . nest Clar , Mayor ATTEST: uzy Sc ares, CMC City Clerk I 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 Mayor BUCK CLARK City Council Communication City Council Meeting: November 25, 2013 COUNCIL Prepared: November 20, 2013 MEMBERS Dept. Head Signature:g # of Attachments: DAVID JONES SUBJECT: Set a date of hearing for the Sale of 1640 Cherry Hills Drive to Robert Castro for Ward 1 $12,250 with development agreement. CAROLYN COLE Submitted by: Noel Anderson Ward 2 HAROLD Recommended Action: To set a date of public hearing on the sale of 1640 Cherry Hills Drive to GETTY Robert Castro for$12,250.and publish an official notice pertinent to the requested sale. Ward 3 QUENTIN Summary Statement: Three bids were received by ESI Engineering Studios, Kim and Otto HART Macklin, and Roberto Castro. Staff has reviewed all three bids and feels that all bids received were Ward more than acceptable and met all the requirements of the "Sale of 657A Properties Policy".All RON three bidders have excellent backgrounds in construction; specifically rehabilitation of dilapidated WELPER homes. However the bid received from Mr. Castro was more than $5,200 more than of the next Ward 5 highest bidder and therefore staff is recommending that council approve Mr. Castro as the highest BOB responsible bidder. Bids received were as follows: GREENWOOD At-Large Robert Castro: $12,250 STEVE Otto Macklin: $7,000 SCHMI'IT ESI Engineering: $5,500 At-Large Also, on November 12`h the building and Grounds Committee approved the request as submitted and is recommending that Robert Castro be selected has the highest responsible bidder. Expenditure Required N/A Source of Funds N/A Policy Issue Sale of 657A Dilapidated Housing Alternative: Demolish CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Legal Description: Lot 32 in Greenbrier Fifth Addition in the City of Waterloo, Black Hawk County, Iowa; Locally known as 1640 Cherry Hills Drive, Waterloo, Iowa Background Information: All sales of 657A properties requires a development agreement that allows up to twelve (12) months to complete rehabilitation projects and twenty-four (24) months for new construction. cc Aric Schroeder,City Planner Dave Zellhoefer,Assistant City Attorney Printable Map Output Page 1 of 1 Black Hawk County Parcel Map Parcel ID: 913-10-303-018 Deed Holder: ITY OF WATERLOO Parcel Address: 11640 CHERRY HILLS DR, WATERLOO, IA 50703 t r f r k y Selecffitl Legend parceltlim ,!' f_}}, •. �� �' �.. Features ... P roadnama � nosRilsi Aer.l photos P . �..,' ... 'T r .vporl Black Hawk Co. i t a 1` ; l a-w ,.r«. FlYPERtON DR. Mprnil yy ' ry.. Railroads t Y r �'p �t J' _^r,x 1 Townships .s .. f,^ 5echons l a .. . pam.ls Riahisatm.y u: TuwnshlR CityuRea raio-wa_dim Iroadtlim wa>ername .bib � " CHERRY14i DR. v Ua - r a u� +• ;: �� rgrg i Map craatod wd h ArdMS•CopyrV to;C 11992-20b1 CSRt fnc. a fit ' Black Hawk County,Iowa Map Disclaimer:This map does not represent a survey.No liability is assumed for the 316 East 5th Street accuracy of the data delineated herein,either expressed or implied by Black Hawk County, Waterloo, Iowa 50703-4774 the Black Hawk County Assessor or their employees.This map is compiled from official Phone:(319)833-3002 records,including plats,surveys,recorded deeds,and contracts,and only contains Fax:(319)833-3070 information required for local government purposes.See the recorded documents for more E-mail:auditoraco.black-hawk.ia.us.orq Idetailed legal information. http://www2.co.black-hawk.ia.us/servlet/com.esri.esrimap.Esrimap?ServiceName=bhov... 11/21/2013 Black Hawk County Property Photos Page 1 of 1 There is 1 photo of parcel 891310303018. ti`s _f� �•� '�^" Psi �-. e P �� � "ys 9 p �, � # '��„Y+� �sh �' By lly #�� �,�€+� ,t,Y''�g sb• g �� . 17 "qk�t Ir It.�..�. F 7 �.. hup://www2.co.black-hawk.ia.us/website/bhmap/bhParlmages.asp?apn=891310303018&... 11/21/2013 Black Hawk County Detailed Parcel Report Page 1 of 2 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID eed Holder Tax Mail to Address 8913-10-303-018 ITY OF WATERLOO CITY OF WATERLOO 715 MULBERRY ST PDF No. Map Area ontract Buyer CITY OWNED NWTLO-11 WATERLOO, IA 50703-0000 Property Address Current Recorded Transfer 1640 CHERRY HILLS DR ate Drawn 15ate Filed lRecorded Document pe WATERLOO, IA 50703-1314 1/11/2013 1/11/2013 12013 014536 ID ASSESSED VALUESICREDITS Year Class 013 JE 100% Land IDwelling JIBuildingM/E [Total cres Value 113,200 L5,950 10 09,150 0 Taxable Land Dwellin BuildingM/E otal slue 113,200 155,950 10 10 169,150 Year IClass 012 IR 100% Land Dwelling Building M/E Total cres Value 13,200 9,450 10 L 72,650 10 Military Homestead Disabled Property Tax Agricultural I amily Farm Credits Exemption Credit Veteran Credit Relief Credit Credit Taxable Land IDwelling JIBuilding --]M—/E ffotal Value 972 01,399 10 10 138,371 Year jClass 011 IR 100% Land Dwelling Buildin M/E Total lAcres Value 13,200 9,450 10 P 72,650 10 Military Homestead �eteran isabled Property Tax Agricultural Family Farm Credits Exemption Credit Credit Relief Credit Credit Credit Taxable Land Dw—el lin g IBuildingM/E otal Value 6,699 PO,172 0 10 136,871 TAX INFORMATION ASSESSMENT YEAR 2012 PAYABLE 2013/2014 Tax 940001 -WATERLOO District Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax Corp 72,650 36,519 1,852 0.61203 $1,483.11 1,484.00 Nocorp 10 0 $0.00 Homestead Disabled Veteran Property Tax Relief Ag Family Farm Credit Credit Credit Credit Credit Corp $0.00 $0.00 $0.00 $0.00 $0.00 Nocorp $0.00 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891310303 018 11/21/2013 Black Hawk County Detailed Parcel Report Page 2 of 2 LEGAL GREENBRIER FIFTH ADDITION LOT 32 LAND Basis IFront Rear Side 1 Side 2 Lot Area Acres Front 60 60 100 100 0 6000 0.138 Foot Totals: 6000 0.138 DWELLING CHARACTERISTICS Type Istyle otal Living Area Single-Family/Owner Occupied 11 Story Frame 1925 Year Built rea eat JAC ttic 1969 1925 es lNo lNone Total Rooms Above ITotal Rooms Below 113edrooms Above Oedrooms Below 5 10 13 Basement 113asement Finished Area No Basement Floor Full 1500 10 Foundation flooring Conc Carp/Vinyl Exterior Walls Interior Finish d Lap/Alum Drwl Roof sph/Gable Non-Base FloorMall IMPeless Handfiredpace Heaters Heating 0 Plumbing 1 Full Bath GARAGES BASEMENT STALLS ear Built Otyle Width ILength JArea 113asement jQtrs Over rea 1AC None 1980 IDet Frame P4 P4 1576 P lNone 10 YARD EXTRAS Description Year Quantity Plot Extended Description Built No. CONC APRON 1974 1 Quantit =412, Units=Square Feet, Hei ht=0 D DK 1974 1 Quantit =512, Units=Square Feet, Hei ht=0 Swimming 1974 1 300 SFWSA, Residence-Vinyl, Cover=No, Heat=Yes, Diving Pool Brd=No jEntry Status: Estimated http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891310303 018 11/21/2013 Black Hawk County Building Sketches Page 1 of 1 There is 1 building sketch of parcel 891310303018. 1S B FR(MAIN) [925] 25 37 http://www2.co.black-hawk.ia.us/website/bhmapibhParlmages.asp?apn=891310303018&... 11/21/2013 ., ROBERT CAS TROIN'E:, i�41 II) SI►UNEi AND WIMOWS, September 9 2013. Chist Western 715 Mulberry Street Waterloo, IA 50703 We Florentina and Roberto Castro propose to buy your property at 1640 Cherry Hills Drive, Waterloo IA and make repairs under our construction company"Robert Castro Roofing", as follows: ❖ Pool will be removed to make play area for our children. ❖ New electrical service and updates to code by Cedar Valley Electric. ❖ Tear off and reroof house and detached garage,fix fascia on garage too. ❖ All windows and door will be removed and replaced. •:� Exterior will be sided with vinyl siding we will install foam insulation. ❖ HVAC will be update by H&H heating and cooling as per code. ❖ Inside of home to be repaired as it is built today. Once the property is finished we are going to gift the home to our brother, his wife and two children. If you have any questions about our abilities or reliability we have worked with the Waterloo Building Department before,with lonh Magnafrow and Bob Ball. Thank You for your consideration in this offer. Sincerely, M � R Roberto Castro Florentina Castro (319) 269-0615 (641)485-7194 Free Estimates,Insured and Experience robertcastroroofing@hotmaii.com 721 C61umbia St Waterloo fA 50703 Roberto(319)269-0615 a • credit union September 9; 2013 Chris Western Planner II City of Waterloo This letter is to verify the account for Robert Castro Roofing has a balance of at least $80,000.00 as of today's date. This balance will be used to commence and complete the project for 1640 Cherry Hills Drive. Sincerely, Craig Sc rbrough Loan Officer 319-236-5663 P.O.Box 6000 1827 Ansborough Ave. Waterloo,IA 50704-6000 800.235.3228 www.veridiancu.org Federally insured by NCUA. Equal Housing Lender. z City of Waterloo Property Bid Sheet Property to be bid upon:_ 1640 Cherrj Hills Drive Name in which property would be transferred: Lok- t -t )NIL. O C A 'T-0 C F1 5 1 A0 Name of bidder: T CA, .iE 1J ey\ tj C A` r4R 0 0 e�C- e t ST Ra Address of bidder: ' (�' M 6 1 A 5T OJ L 00 Phone&Fax number of bidder: 6 Ci — ' is. My offer for property being bid upon: r , $1,000.00 earnest fee: CLQ C (Note:this amount is r6andable for unsuccessful bidders. The fee will not be refunded.for successful bidders who withdraw their offer.Also,it is required that the earnest fee be paid per property if bidding on multiple properties.) Brief Description of intended Improvements: �0 - AV C : , A`V vcr 41 t:s PIACI= 14 Arc R [ �► A IM i RT 3 t C( is 0 M�r 1) � �c tai�'t �L C( i 1 Furthermore,I understand the zoning designation of the property and building code requirements that I am bound by this designation for my use of property. Note: The successful bidder will be required to sign a Development Agreement binding t/h t the specified completion deadline of twelve (12) . i Signature of applicant/ bidder —bate * Please Place this sheet at the beginning of your bid packet when submitting to Clerks office. ' Personal Guarantees: Bank will require the personal guarantee of Lyle Stein along with any other future partners/owners Appraisal: Borrower will be responsible for the expense of an appraisal. This will need to be ordered by the Bank and be acceptable to the Bank containing an opinion as to the value of the property. Costs&Fees: Borrower will be responsible for payment of all legal,recording attorney, appraisal,EPA study, insurance costs and/or fees required to comply with the terms of this proposal or future formal commitment agreement. This proposal to lend is being made by Community National Bank(Bank) as an accommodation to Borrower and is being offered at the sole discretion of the Bank. This proposal is based on the Borrower's financial condition since the latest financial information was provided to the Bank. The Bank's obligation to provide the proposed financing is subject to further negotiations, reviews of financial information and agreement by the Bank with the Borrower on all material terms and conditions of the proposed financing. This proposal is for discussion purposes only, is not to be shared with other third parties and should not be construed as a commitment to lend on the part of Community National Bank(Bank). Once the terms and conditions of the proposal have been agreed on, a formal "Commitment Letter"specifically detailing the Bank's offer to lend, obligations and responsibilities of both the Bank and the Borrower may be issued. Thank you for the opportunity to provide you this proposal. I look forward to discussions surrounding this opportunity and future opportunities. If you have any questions,please do not hesitate to contact me. I look forward to talking with you soon. Respec 1Ly, Michael Tynan Vice President, Commercial Lending michael.tynan@cnbl.com r.,r�te :. Wit.srr• _ - Yl Ahmfit 11h, s.`-:>rr�' - - - - -. :•art_-. r 3 a�t i i 1, ` i . � t �� z�_. . _ .._ � 1E6�°0 h�r��-.��IIi's�i . 1��teri�a ,IA �o�;►��, U sa• Er Goole-earth Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 (319) 291-4323. RESOLUTION NO. 2013-993 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON THE SALE AND CONVEYANCE OF CITY-OWNED PROPERTY LOCATED AT 1640 CHERRY HILLS DRIVE TO ROBERT CASTRO, FOR $12, 250 . 00, PLUS COSTS, AS DECEMBER 9, 2013, AT 5 : 30 P.M. IN CITY HALL COUNCIL CHAMBERS, WATERLOO, IOWA, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1 . That the Council of the City of Waterloo, Iowa, shall meet at City Hall Council Chambers in the City of Waterloo, Iowa, at 5 : 30 p.m. on the 9th day of December, 2013, for the purpose of considering and acting upon a request to sell and convey city-owned property to Robert Castro, and legally described as follows : Lot 32 in Greenbrier Fifth Addition in the City of Waterloo, Black Hawk County, Iowa; Locally known as 1640 Cherry Hills Drive, Waterloo, i Iowa; for $12, 250 . 00, plus costs. Section 2 . That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 25th day of November, 2013 . L'fn- est G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Clerk CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT IM 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262. • • NOEL C.ANDERSON,Community Planning&Development Director CITY OF WATERLOO Mayor BUCK CLARK Council Communication COUNCIL City Council Meeting: November 25, 2013 MEMBERS Prepared: November 20, 2013 0 Dept. Head Signature: Noel Anderson, Community Planning & Development Director DAVID # of Attachments: JONES Ward SUBJECT: Resolution approving the Tax Increment Finance (TIF) electronic CAROLYN submittal reports to the State of Iowa for Fiscal Year 2013. COLE Ward2 Submitted by: Noel Anderson, Community Planning and Development Director HAROLD GETTY Recommended City Council Action: Approval of FY2013 TIF Reports. Ward 3 QUENTIN Summary Statement: As a part of the new TIF reporting requirements of the HART State of Iowa, the City Council must approve the submittal of the electronic Ward version of the TIF expenses, in the State forms and information as required. While the City Council has previously approved other spreadsheets and reports RON on this, this is a new step in the process, specifically requiring City Council WELPER Ward 5 approval. BOB Expenditure Required: NA GREENWOOD At-Large Source of Funds: NA STEVE SCHMITT Policy Issue: Economic Development and Urban Renewal At-Large Alternative: NA Background Information: The City of Waterloo utilizes TIF Districts to help revitalize areas and help create new areas for business expansion, location, and development. These reports inform the State of these types of activities. \\Alomain\waterloo\USERS\SHANE-G\Cit Wu)fciWftffi& I EeMl itis*kMtk ©Akltlte Report' ate TIF Report 11-25- 13.doc 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. 2013-994 RESOLUTION APPROVING THE TAX INCREMENT FINANCE (TIF) ELECTRONIC SUBMITTAL REPORTS TO THE STATE OF IOWA FOR FISCAL YEAR 2013 . BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the Tax Increment Finance (TIF) electronic submittal reports to the State of Iowa for Fiscal Year 2013, be, and the same are hereby approved. PASSED AND ADOPTED this 25th day of November, 2013 . Ernest G. Clark, Mayor I ATTEST: Suzy Sch res, CMC City Clerk CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT . 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 a- 0 NOEL C.ANDERSON,Community Planning&Development Director Council Communication City Council Meeting: November 25 201 Mayor Prepared: November 19, 2013 BUCK Dept. Head Signature: CLARK # of Attachments: COUNCIL MEMBERS SUBJECT: Downtown Waterloo Urban Renewal and Redevelopment Tax DAVID Increment District FY2013 Certification JONES Ward I Submitted by: Noel Anderson, Community Planning & Development Director CAROLYN COLE Recommended City Council Action:Approve a resolution to certify to the Black Ward 2 Hawk County Auditor expenditures that qualify for reimbursement in the HAROLD Downtown Waterloo Urban Renewal and Redevelopment Tax Increment District GETTY and place the certification on file. Ward 3 QUENSummary Statement: In accordance with the amended provision of the State HART Code of Iowa it is required that the Ci of Waterloo annually certify to the HART � � �' Y Y Ward 4 County Auditor its expenditures that qualify for reimbursement from the tax increment fund. RON WELDER Expenditure Required: N/A Ward 5 BOB Source of Funds: N/A GREENWOOD At-.Large Policy Issue: Economic Development STEVE SCHMITT Alternative: At-Large Background Information: The city has established several TIF Districts for community development. The certification of expenditures incurred in each TIF District is required to be filed with Black Hawk County in order to collect the TIF revenue. NA;sg cc: Noel Anderson, Community Planning cot Development Director. --file-- CITY WEBSITE: www.d.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer