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Council Packet - 6/18/2018
THE CITYCOUNCIL OF THE CITYOF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, June 18, 2018 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation(if appropriate) and speak clearly into the microphone. 2. You may speak one (1)time per item for a maximum of five(5)minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Cleric's office you may speak one(1)time per item for a maximum of three (3)minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1)time for a maximum of five (5)minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3)minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 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. Page 1 of 142 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Steve Schmitt,At-Large Council Member Agenda, as proposed or amended. Minutes of June 11, 2018, Regular Session, as proposed. Proclamation declaring June 23, 2018, as Juneteenth Celebration ORAL PRESENTATIONS I owa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 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 from Friendship Village to hold the Race To Remember 5K event July 21, 2018, starting at 9:00 a.m., on and around the Friendship Village Campus, sidewalks and side streets, with barricades on Southbrooke Drive, Rudi Place, Saratoga Drive, Crestline Avenue, Fairlane Avenue, Park Lane and Friendship Lane. Submitted By: Dave Mohlis, Police Captain 3. Resolution approving preliminary specifications, bid documents, etc. and setting date of bid opening as July 12, 2018 and date of public hearing as July 16, 2018 for the purchase and installation of FY 2019 Police Vehicle equipment needs, and instruct the City Clerk to publish said notice. Submitted By: Captain Frank Krogh 4. Resolution setting date of bid opening as July 12, 2018 and date of public hearing as July 16, 2018 in conjunction with the Police Department' s FY 2019 Ammunition Bids, and instruct the City Clerk to publish said notice. Submitted By: Captain Frank Krogh 5. Resolution approving specifications, form of contract, etc. and setting the date of bid opening as July 26, 2018, and public hearing as August 6, 2018, in conjunction Page 2 of 142 with furnishing the City of Waterloo with Maintenance and Service contracts for fourteen (14) city owned buildings, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director 6. Request to certify assessment to property for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees: Address and amount to certify: 179 West 18th Street- $1,318.00 Submitted By: Matt Mahler, General Manager 7. Request from Avita Developments for a waiver for a concrete driveway located at 419 E. Donald Street and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted By: Jamie Knutson, PE, Interim City Engineer 8. Request from Joan Smith for a waiver for a concrete driveway located at 4465 Texas Street with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted By: Jamie Knutson, PE, Interim City Engineer B. Motion to approve the following: 1. TRAVEL REQUESTS a. Lt. Feaker Class/Meeting: Federal Bureau of Investigation (F.B.I.) National Academy Destination: Quantico, VA Dates: July 6-14, 2018 Amount not to exceed: $3,355.00 b. LeAnn Even, Deputy City Clerk Class/Meeting: Municipal Professionals Academy 2018 Destination: Ames, IA Dates: July 25-27, 2018 Amount not to exceed: $554.84 C. Steve Hoambrecker, Waste Management Service Director Class/Meeting: Water Environment Federation Annual Technical Exhibition & Conference Destination: New Orleans, LA Dates: September 29 to Amount not to exceed: $2,560.00 October 3, 2018 2. LIQUOR LICENSES a. Applebee's Neighborhood Grill & Bar, 2780 Crossroads Blvd. Class: C Liquor Renewal Application Includes Sunday Expiration Date: 6/23/2019 b. Chaser's Pub, 3005 University Avenue Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 7/7/2019 Page 3 of 142 C. Dollar General Store #7136, 66 E. Tower Park Drive *Ownership Update* Class: B Wine / C Beer New Application Includes Sunday Expiration Date: 2/29/2018 d. Local's Bar and Grill, 229 E. 4th Street*Ownership Update* Class: C Liquor New Application Does not include Sunday Expiration Date: 5/21/2019 e. Riverloop Expo Plaza, 400 Jefferson Street*One Day Transfer* Class: Special Class C Liquor New Application Does not include Sunday Expiration Date: 6/21/2018 f. Steamboat Gardens, 1740 Falls Avenue Class: C Liquor Renewal Application Does not include Sunday Expiration Date: 6/13/2019 3. Motion to approve Application for Fireworks Display in conjunction with the Mayor's Firework Show to be held at Park Avenue Bridge, on Saturday, June 30, 2018, at 9:45 p.m. (Approx. 12 minutes). Submitted By: Pat Treloar, Chief of Fire Services 4. Bonds PUBLIC HEARINGS 2. General Aviation Apron Pavement Reconstruction Project at the Waterloo Regional Airport, via FAA Grant Project No: 3-19-0094-0046. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No Comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct the City Clerk to read bids and refer to Director of Aviation for review. Submitted By: Keith Kaspari, Director of Aviation 3. Development Agreement with Advanced Heat Treat Corp., to authorize the sale and conveyance of a portion of City owned property for $1.00 generally located south of 2825 Midport Boulevard, for the expansion of their heat treating facility. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No Comments on File. Motion to close hearing and receive and file oral and written comments. Resolution approving a Development Agreement with Advanced Heat Treat Corp., to authorize the sale and conveyance of a portion of City owned property for$1.00 generally located south of 2825 Midport Boulevard, for the expansion of their heat treating facility, with an estimated new taxable value of$2,055,780 million, with 3 years Page 4 of 142 at 50%tax rebates, and authorizing Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director 4. Master Lease Agreement and Lease Supplements with Verizon Wireless to be able to place equipment on city light structures, for a period of twenty-five (25) years, with supplements for five years at$30 per month/pole. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving lease agreement with Verizon Wireless to be able to place equipment on city light structures, for a period of twenty-five (25) years, with supplements for five years at $30 per month/pole, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director RESOLUTIONS 5. Resolution approving contract with the Cedar Valley Jaycees for the 85th Annual Greater Cedar Valley Jaycees Waterloo Open Golf Classic, with a rental payment to the City in the amount of$3,000.00, and authorize Mayor and City Clerk to execute said documents. Submitted By: JB Bolger, Golf& Downtown Area Maintenance Manager 6. Resolution approving a 2.75 percent salary increase for non-bargaining employees effective July 1, 2018. Submitted By: Lance Dunn, Human Resources Director 7. Resolution approving renewal of property insurance with Chubb Insurance for a total premium of$286,663. Submitted By: Kelley Felchle, City Clerk 8. Resolution approving renewal of general, cyber, auto liability, law enforcement, public officials, employment practices, and errors and omissions coverage with Travelers Insurance for a total premium of$824,591. Submitted By: Kelley Felchle, City Clerk 9. Resolution approving renewal agreement with Safety National at a cost not to exceed $170,151 per year to provide workers' compensation stop loss coverage and $23,314 to Alternative Service Concepts for claims administration. Submitted By: Kelley Felchle, City Clerk 10. Resolution approving renewal of umbrella insurance with Brit Insurance for a total premium of$230,992. Submitted By: Kelley Felchle, City Clerk 11. Resolution approving an agreement for excess liability insurance with Allied Insurance for a total premium of$50,523. Submitted By: Kelley Felchle, City Clerk Page 5 of 142 12. Resolution approving award of bid for the mowing of city owned lots generally acquired through Iowa Code 657A to B&B Lawn Care, Inc., of Waterloo, Iowa, at$19.75 per lot, Option A lots under one acre and $57 per acre for Option B lots 1 acre or more, including the contract, bond, and certificate of insurance, and authorize the Mayor and City Clerk to execute said documents, and rescinding Resolution No. 2018-400. Submitted By: Noel Anderson,Community Planning and Development Director 13. Resolution approving a Professional Services Agreement with Wayne Claassen Engineering and Surveying, Inc. for land surveying services within the MidPort Industrial Park, in an amount not to exceed $3,700, and authorize the Mayor to execute said document. Submitted By: Noel Anderson-Community Planning and Development Director 14. Resolution approving and accepting a certain donated temporary construction easement agreement with BCS Properties, for the Brock Sanitary Sewer Main Extension, Contract No. 954, located near 2680 Sergeant Road (O'Neal Steel). Submitted By: Noel Anderson, Community Planning and Development Director 15. Motion approving the Final Quantity Adjustment for a net decrease of $255.10 for the FY 2017 Wagner Road Sanitary Sewer Extension and Grading, Contract No. 899, and authorize the Mayor and City Clerk to execute said document. Submitted By: Dennis Gentz, PE,Assistant City Engineer 16. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of $547,374.90 for the FY 2017 Wagner Road Sanitary Sewer Extension and Grading, Contract No. 899, and receive and file two (2) year maintenance bond. Submitted By: Jamie Knutson, PE, Interim City Engineer 17. Resolution approving an agreement with the Iowa Department of Transportation and the Union Pacific Railroad for the reconstruction of the Franklin Street Railroad Crossing Surface Repair project, with the City's share of the cost totaling $22,410.20, and authorize Mayor to execute said agreement. Submitted By: Jeff Bales, Associate Engineer ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:50 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers Page 6 of 142 CITY OF WATERLOO Council Communication Minutes of June 11, 2018, Regular Session, as proposed. City Council Meeting: 6/18/2018 Prepared: REVIEWERS: Department Reviewer Action Date Clerk (:)p'pice 1" mmcy Approved /G2/2018 ... 5.02 PM ATTACHMENTS: Description Type Minutes of.1une pp, 2018 Backup Mammlaap Submitted by: Submitted By: Page 7 of 142 June 11, 2018 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, June 11, 2018. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Shimp, Klein, Amos, Schmitt, and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Sharon Juon, At-Large Council Member 146133 - Juon/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, June 11, 2018, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 146134 - Juou/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, June 4, 2018, at 5:30 p.m.,be accepted and approved. Voice vote-Ayes: Seven. Motion carried. ORAL PRESENTATIONS Terry Stevens, 1629 Ackermant, commented that she did not direct comments made at the Waterloo City Council meeting last week at the Waterloo Police Department regarding racial profiling. She also explained that she did research on vehicular racial profiling and found that Waterloo had the highest citation and incarceration rate among Iowa cities. Robert Henderson, 918 Calhoun St., explained that he was able to do research following the meeting last week on the citation ordinance and that he believes that the chief of police is making a genuine effort to lower the cost of tickets and that the council discounted some of the points that he and other citizens were trying to make. He explained that he is retired from the Department of Correctional Services and that the majority of what is done is appropriate and professional but that there are instances where situations are not handled in a professional manner. Bruce Kaesser, CRC Apartments, spoke on the importance of reducing violence and gun crimes and told the council that his life was traumatically altered by gun violence. Forest Dillavou, 1725 Huntington Road, commented that the renting of the building at 304 W. 5th Street, and stated that he went to the Building Department to see if a building permit and inspection were done for the work and was told no. He stated that if no permit was issued then it would also not be reflected on the property value and believes that this building does not receive the same treatment as others in Waterloo. He suggested that the city use the former Johnstone Supply building for maintenance equipment storage or storing impounded police vehicles. David Dryer, 3145 W. 4th Street, commented that at one time he measured the building that stores downtown maintenance equipment and believes that another building would be more suitable. He further noted that several city vehicles are sitting out under the Highway 218 overpass and that other buildings could be used to store these vehicles. Brianna Kuehl, 1119 W. Mullan, commented that there have been a series of break ins, including hers, at the Courier parking garage and stated that people pay to park but there are no cameras to protect their vehicles while they are at work. June 11, 2018 Page 2 146136 - Juon/Schmitt that the following items on the consent agenda be received,placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated June 11, 2018, in the amount of$3,259,181.63 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. 2018-409. 2. Resolution approving request from LaTanya Graves, on behalf of NAACP/Social Action Inc, for a variance to the Noise Ordinance on Saturday, June 23, 2018 from Noon to 6:00 p.m. in conjunction with the 23rd Annual Juneteenth Celebration event to be held at Sullivan Park, including live music, drill team and the use of a PA system. Resolution adopted and upon approval by Mayor assigned No. 2018-410. 3. Resolution approving Mayor's Walk Waterloo Community Wellness Celebration on Friday, June 22, 2018, beginning at 5:00 p.m. at Lincoln Park, traveling south on W. 4th Street to Cedar Street, north on Park Avenue and returning to Lincoln Park. Resolution adopted and upon approval by Mayor assigned No. 2018-411. 4. Resolution approving request from Jacklyn Gudenkauf of VGM Group, Inc. to hold a 5K and Fun Run on Saturday, October 6, 2018,beginning at 9:00 a.m. and traveling on Jefferson Street, west of Mullan, onto the Cedar River Trail and ending at 2nd and Commercial Streets. Resolution adopted and upon approval by Mayor assigned No. 2018-412. 5. Resolution approving request from Jessica Crouch for a waiver for a concrete driveway located at 2257 Country Lane and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2018-413. 6. Resolution approving request from Matthew and Jennifer Mangel for a waiver for a concrete driveway located at 129 Lichty Blvd. with the elimination of the sidewalk section due to the inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2018-414. 7. Resolution approving request from William and Therese Kohls for a waiver for an asphalt driveway located at 151 Lobdell Road with the elimination of the sidewalk section for asphalt driveways. Resolution adopted and upon approval by Mayor assigned No. 2018-415. 8. Resolution approving specifications, form of contract, etc. and setting the date of bid opening T 1 1 n -n 1 1 1' 1 T 1 1 ! -n -11 1 June 11, 2018 Page 3 1. Travel Requests Name & Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed a. Steve Gerberich, Gallery Talk Waterloo, May 21-31, $622.23 Artist/Guest Speaker IA -New 2018 *Revised* York City, NY b. Marc Cashman, Drone Certification Waterloo, June 13, $150.00 Production Assistant Testing (Hawkeye IA 2018 Community College) 2• Approved Beer, Liquor, and Wine Applications Name &Address of Business Class New or Expiration Includes Renewal Date Sunda a. The American Legion, 728 C Liquor Renewal 6/14/2019 x Commercial Street w/Outdoor Service b. Briqhouse Bar and Grill, 307 C Liquor Renewal 5/13/2019 x W. 5th Street w/Outdoor Service c. Broadway Liquor, 821 B Wine/C Beer/E Renewal 6/10/2019 x Broadway Street Liquor d. Metromart#1, 3201 W. 4th C Beer Renewal 6/30/2019 x Street e. Placita, 321 W. 4th Street C Beer New 12/7/2018 x £ Prime Mart#3, 1008 LaPorte B Wine/C Beer/E Renewal 6/12/2019 x Road Liquor g. Red Lobster#6267, 941 E. C Liquor Renewal 7/27/2019 x San Marnan Drive 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration New or Date Re-Appointment Katie Orlando Historic Preservation 6/22/2021 Re-appointment Commission Waste Watef Opefatof at the Waste Management Sefviees Depa44ment e4eetive Rily 2, 2018, n,a;,,,.physieal exam and aFug testing „d Elri 6. Motion to approve application for Fireworks Display at Bamboo Ridge Campgrounds, 4550 Hess Road, on July 2, 2018 beginning at 9:45 p.m., lasting approximately 10 minutes, in conjunction with the Bamboo Ridge Campground Fireworks event. June 11, 2018 Page 4 Mr. Shimp questioned if these positions were not filled, would the consent decree be affected. Steve Hoambrecker, Waste Management Services Director, provided an over view of the position and explained that losing the position would not violate the consent decree but could lead to effluent violations if the plant is not properly staffed. Mrs. Klein commented that she believes that starting salaries are very high and that she believes that the city needs a tiered salary program as the Human Resources Director is working on and will not support the item for that fact. Mr. Morrissey commented that staffing the plant effectively is critical to ensure that effluent violations do not happen and expressed support for the position. 146138 - Shimp/Morrissey Recommendation of appointment of Jordan Schmitz to the position of Park Maintenance 11 Crew Leader in the Leisure Services Department, effective June 12, 2018, subject to physical examination and drug screen. Roll-call vote-Ayes: Six. Nays: One (Klein). Motion carried. Mr. Shimp requested an overview of the position. Paul Huting, Leisure Services Director, provided an overview of the position and explained that it is a critical position Leisure Services and flood operations. Mrs. Klein commented that the starting wage for this position is not equitable to other starting wages for jobs in Waterloo. Mr. Shimp commented that has heard that pay scales are needed and stated that he will be proposing a resolution in the near future on implementing pay scales for employees. Lance Dunn, Human Resources Director, clarified that these positions are union and included in the bargaining contract. The wages are set in the contract that the city is required to follow. Mr. Jacobs commented that perhaps the city has too much park property to maintain. Mrs. Klein commented that mowing and plowing should be outsourced. Paul Huting explained that much of the work is outsourced and they experienced a 20% increase in cost and can fluctuate over time. Mr. Morrissey commented that he supports hiring Mr. Schmitz and noted that part of the consequence of eliminating a position from the Leisure Services department has negatively impacted mowing. He explained that parks are a quality of life issue that is important to the nearby residents. PUBLIC HEARINGS 146139 - Schmitt/Amos that proof of publication of notice of public hearing on Asbestos abatement services at 807, 809-811 East 4th Street., as published in the Waterloo Courier on June 4, 2018,be received and placed on -1 IT . A - 11A . 1 June 11, 2018 Page 5 Resolution adopted and upon approval by Mayor assigned No. 2018-417. 146142 - Schmitt/Amos that"Resolution authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-418. 146143 - Schmitt/Amos Motion to receive and file and instruct City Clerk to read bids. Estimate: 807 E. 4"' Street - $4,300 809-811 E. 4th Street- $5,600 Bidder SecBid Bid Amount Abatement Specialties, LLC o 807 E. 4th St. $3,777.00 Cedar Rapids, IA 5�° 809-811 E. 0 St. $4,485.00 AAA Budget Environmental, Inc. 807 E. 4th St. $6,970.00 Monticello, IA 5 0�0 809-811 E. 4th St. $9,100.00 REW Services Corporation Bid rejected—received after Des Moines, IA N/A deadline. Voice vote-Ayes: Seven. Motion carried. 146144 - Schmitt/Amos that "Resolution awarding contract to Abatement Specialists of Cedar Rapids, Iowa in conjunction with asbestos abatement removal services at 807 E. 4th Street in the amount of$3,777 and for 809- 811 East 4th Street in the amount of$4,485.", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-419. RESOLUTIONS 146145 - Morrissey/Shimp that "Resolution approving a Professional Services Agreement between the City of Waterloo and SPARK Consulting of Cedar Rapids, Iowa, for an architectural and historical survey of the Smokey Row neighborhood in the amount of $24,425, and authorize the Mayor and City Clerk to execute said documents", be adopted. Charles Pearson, 1715 Flower Street, explained that there should be a survey of Unity Neighborhood and stated that he will be asking the State Historical Society to do a survey of the neighborhood. Mrs. Juon requested an overview of the grant. June 11, 2018 Page 6 Mayor Hart asked that Mr. Pearson leave chambers due to not following the guidelines for oral presentations. Mr. Amos stated that Noel Anderson has been keeping him in the loop and stated that he has been doing an excellent job on the project. Mr. Morrissey commented that the item should be postponed until July 9, 2018 and questioned the urgency of the item. Mrs. Klein questioned if the city is subject to liability. Dave Zellhoefer, City Attorney, commented that postponing for a month will not open the city to liability concerns. 146146 - Morrissey/Shimp To postpone to July 9, 2018 with a work session prior to the vote. Roll call vote-Ayes: Seven. Motion carried. Mr. Schmitt questioned the timeliness. Noel Anderson explained the grant application must be completed by June 30, 2019. 146147 - Morrissey/Shimp that"Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Woodruff Construction of Waterloo, Iowa, in the amount of $75,176, in conjunction with construction/repairs to Aircraft Storage Hangar No. 4, Waterloo Regional Airport, and release of final retainage in the amount of$3,758.80", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-420. 146148 - Morrissey/Shimp that "Resolution approving the Contracted Education Proposal for the Hartman Reserve Stormwater Education Program in the amount of$2,570.14, and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Shimp questioned how education and outreach is defined and commented that Hartman Reserve is not located within the city limits. Jamie Knutson, Interim City Engineer, explained that Hartman Reserve brings a lot of school children into their facility and explained the education planned for the event. Mrs. Juon commented that a portion of Hartman Reserve is located in Waterloo. Resolution adopted and upon approval by Mayor assigned No. 2018-421. 146149 - Shimp/Morrissey June 11, 2018 Page 7 Resolution adopted and upon approval by Mayor assigned No. 2018-423. ORDINANCES 146151 - Schmitt/Amos that "an Ordinance amending the 2008 Traffic Code by amending Subsection (45A), Tower Park Drive, to Section 545, Yield Street, by deleting Subsection (45A) in its entirety and inserting in lieu thereof a new Subsection (45A) Tower Park Drive, to Section 545, Yield Streets as follows: Tower Park Drive - Bankers Blvd. and Fisher Drive, at Winn Street, from West of Jonathan Street to Hurst Drive", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. Sandie Greco, Interim Public Works Director,provided an overview of the ordinance. 146152 - Schmitt/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Seven. Motion carried. 146153 - Schmitt/Amos that "an Ordinance amending the 2008 Traffic Code by amending Subsection (45A), Tower Park Drive, to Section 545, Yield Street, by deleting Subsection (45A) in its entirety and inserting in lieu thereof a new Subsection (45A) Tower Park Drive, to Section 545, Yield Streets as follows: Tower Park Drive - Bankers Blvd. and Fisher Drive, at Winn Street, from West of Jonathan Street to Hurst Drive", be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned Ordinance No. 5457. 146154 - Shimp/Schmitt that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by amending Chapter I Traffic Code, of Title 6 Motor Vehicles and Traffic,by adding Article 5 Officer Traffic Citation", be considered and passed for the third time and adopted. Roll call vote-Ayes: Six. Nays: One (Morrissey). Motion carried. John Sherbon, 1715 Robin Road, explained that a lot of cars in Waterloo speed and observed a camera on Sans Souci and that the officer was not very visible to motorists. He explained that if officers are not visible then it is not a deterrent. Mr. Morrissey questioned if officers are allowed to use discretion when issuing citations. Dan Trelka, Chief of Police confirmed and explained that officers can make a decision to cite once the individual is pulled over. Mr. Morrissey questioned if the passage of the ordinance has an urgency. Dan Trelka explained that there are other components such as a contract and another ordinance June 11, 2018 Page 8 Josh Wilson, 170 S.E. Kellerman Lane, Waukee, Iowa, stated that he believes there is a lot of confusion on the issue and questioned if the police chief is going to direct officers to issue more citations and when the program will go into effect, especially considering there are other steps to get the program fully operational. Dan Trelka explained that officers will not be directed to issue more citations and that the program changes the process on how tickets are processed. 146155 - Morrissey/Amos To postpone to July 23, 2018 to allow the Human Rights Commission time to review the ordinance. Roll call vote-Ayes: Three. Nays: Four(Jacobs, Shimp, Klein, and Schmitt). Motion failed. Mr. Shimp commented that he has asked for a work session on an ordinance he is proposing on the makeup of a board for reviewing citations which would include an impartial citizen, Police Department member, and Human Rights Commission member. Mr. Amos requested that council members and members of the community look up the racial equity toolkit. Mrs. Juon commented that if it is tabled to July 23, 2018, she would like to have a work session on that date regarding the Human Rights Commission toolkit. Mrs. Klein commented she is not in favor of tabling the item. Ordinance adopted and upon approval by Mayor assigned No. 5458. 146156 - Juon/Schmitt that the council adjourn to Executive Session at 6:55 p.m. Roll call vote-Ayes: Seven. Motion carried. City Attorney Dave Zellhoefer stated that discussion of the purchase of real estate is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)0)(2017). EXECUTIVE SESSION 146157 - Juon/Jacobs that the council adjourn Executive Session at 7:11 p.m. Voice vote-Ayes: Seven. Motion carried. ADJOURNMENT 146158 - Juon/Jacobs that the Council adjourn at 7:12 p.m. Voice vote-Ayes: Seven. Motion carried. CITY OF WATERLOO Council Communication Proclamation declaring June 23, 2018, as Juneteenth Celebration City Council Meeting: 6/18/2018 Prepared: 6/13/2018 REVIEWERS: Department Reviewer Action Date Mayor (I..)ffice Westphal, Michelle Approved /G 3/2018 ... p p o tl 6 AM t`11erk Office i p igby, 1" a:-�cy Approved 6/ 3/2018 ... 11.24 AM ATTACHMENTS: Description Type Submitted by: Submitted By: Mayor Quentin Hart Page 16 of 142 ---------7,1 1 crrY (w WATEimoo,, ioWA PROCLAMATION WHEREAS, on June 19, 1865, Union soldiers led by Major General Gordon Granger landed at Galveston, Texas, to enforce President Lincoln's Emancipation Proclamation and declare freedom for all slaves; and 'WHEKASO each year thereafter, former Texas slaves and their descendents joined in a celebration of freedom and the commemoration became known as "Juneteenth"; and WHEREASO across our nation, Americans celebrate Juneteenth, a day to reflect on the sufferings of slavery and to remember the joyful declaration of fteedom. It is a time of rejoicing with family and friends and a time for planning the future; and WHEREAS, this celebration gives us the opportunity to commemorate African American heritage, As we honor the courage and fortitude of our ancestors, we renew our commitment to combat injustice with the triumphant spirit of freedom. If NOW, THEREFORE, 1, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim June 23, 2018, as JUNETFXMH CELEBRATION in the City of Waterloo and acknowledge the many contributions African Americans have made to our r great Nation. Today is an opportunity to recommit ourselves to confonting injustice wherever we find it and upholding the dignity of all people. By doing so, we protect the freedom and democratic ideals that will keep America strong for generations to come. IN WrMESS 'WHA KOF I have here unto set my hand and caused the official seal of`the City of Waterloo, Iowa to be affixed this 18'' day of June 2018. ATTEST: /V kelley Felcl e Quentin Halt City Clerk Mayor CITY OF WATERLOO Council Communication Request from Friendship Village to hold the Race To Remember 5K event July 21, 2018, starting at 9:00 a.m., on and around the Friendship Village Campus, sidewalks and side streets, with barricades on Southbrooke Drive, Rudi Place, Saratoga Drive, Crestline Avenue, Fairlane Avenue, Park Lane and Friendship Lane. City Council Meeting: 6/18/2018 Prepared: 6/7/2018 REVIEWERS: Department Reviewer Action Date Flo ce Delsartrnent Moo is, Dave Approved (5/7/2018 ... 9.09 AM 1.`Ilerrk Office Evenm, 1: eA.m,, p proved 6/12/2018 ... 8-p 9 AM ATTACHMENTS: Description Type 1-^rrpendslippa Viiiaat.;e, 5k route tin-ii.alpn Me nio Request from Friendship Village to hold the Race To Remember 5K event July 21, 2018, starting at 9:00 a.m., on and around the Friendship Village SUBJECT: Campus, sidewalks and side streets, with barricades on Southbrooke Drive, Rudi Place, Saratoga Drive, Crestline Avenue, Fairlane Avenue, Park Lane and Friendship Lane. Submitted by: Submitted By: Dave Mohlis, Police Captain Recommended Action: Approve request Summary Statement: The Race to Remember is a fundraiser to show support for those affected by Alzheimer's disease. Expenditure Required: Cost associated with barricade deliveiy/pick up and providing limited traffic support. Source of Funds: General Page 18 of 142 Li Tan-ku Terrace IS�fpc 3' 2 7,7 a tl zp °34 Rands Dr St Ranck Dr St MCI Or �51 ILI, fX�Ir. W,Mh St IN 9m ST CS, LA C:l Bonon Ave F ftp RAV jummop KknbaH Ame Kombalf Ave QnbaH Ave KOviNili AVenkie Access Rd CITY OF WATERLOO Council Communication Resolution approving preliminary specifications, bid documents, etc. and setting date of bid opening as July 12, 2018 and date of public hearing as July 16, 2018 for the purchase and installation of FY 2019 Police Vehicle equipment needs, and instruct the City Clerk to publish said notice. City Council Meeting: 6/18/2018 Prepared: 6/7/2018 REVIEWERS: Department Reviewer Action Date F'o ce Departrnent Krogh, t"r mmk Approved (5/7/2018 : � AM t.`Ilcmp Office Eveni, L-eA.mira Approved 6/2/2018 ... 8:27 /Gly Resolution approving12reliminary specifications, bid documents, etc. and SUBJECT: setting date of bid opening as July 12. 2018 and date ofpublic hearing as July 16, 2018 for the purchase and installation of FY 2019 Police Vehicle equipment needs, and instruct the City Clerk to publish said notice. Submitted by: Submitted By: Captain Frank Krogh Authorize the Police Department to seek bids, setting the date of bid opening Recommended Action: as July 12, 2018 and the date of Public Hearing of July 16, 2018 for the purchase and installation for FY 19 Police Vehicle equipment needs, and instruct the City Clerk to publish said notice. Summary Statement: The purchase of equipment and installation for squad cars are bid out on an annual basis. Source of Funds: CIP Bonds Page 20 of 142 CITY OF WATERLOO Council Communication Resolution setting date of bid opening as July 12, 2018 and date of public hearing as July 16, 2018 in conjunction with the Police Department' s FY 2019 Ammunition Bids, and instruct the City Clerk to publish said notice. City Council Meeting: 6/18/2018 Prepared: 6/7/2018 REVIEWERS: Department Reviewer Action Date Flohee t)cpartrnent Krogh, Frmk Approved (5/7/2018 X2.02 P t.`Ilcmp Oflce Evemm, 1-eA.mira Approved 6/12/2018 ... 8.22 /Gly Resolution setting date of bid opening as July 12, 2018 and date of public SUBJECT: hearing as July 16, 2018 in conjunction with the Police Department' s FY 2019 Ammunition Bids, and instruct the City Clerk to publish said notice. Submitted by: Submitted By: Captain Frank Krogh Authorize the Police Department to seek bids, setting the date of bid opening Recommended Action: as July 12, 2018 and the date of Public Hearing of July 16, 2018 for the FY 19 Ammunition needs, and instruct the City Clerk to publish said notice. This is an annual purchase of ammunition used in firearms training for the Summary Statement: Police Department. This ammunition is needed in order to maintain proficiency and certifications in a variety of weapon systems. Expenditure Required: Yes Source of Funds: General Funds Policy Issue: None Alternative: None Aminunition costs and requirements to continue to increase each year. The Background Information: delay from order to delivery can be up to a year. This ammunition is utilized to maintain proficiency and certification that reduces liability. Legal Descriptions: N/A Page 21 of 142 CITY OF WATERLOO Council Communication Resolution approving specifications, form of contract, etc. and setting the date of bid opening as July 26, 2018, and public hearing as August 6, 2018, in conjunction with furnishing the City of Waterloo with Maintenance and Service contracts for fourteen(14) city owned buildings, and instruct City Clerk to publish notice. City Council Meeting: 6/18/2018 Prepared: 6/12/2018 REVIEWERS: Department Reviewer Action Date 11pnannrn'ig& Zonnir'ig Sdiroederr, . .n°ic Approved 6/1 2/2018 ... -02 PM t.`Iled(. Off-we Eveni, 1-e mm Approved 6/12/2018 ... 5-Y7 PM ATTACHMENTS: Description Type Cover Memo D J.'e an of 'onntrad Cover Mcrnn.o Vendor l..,ist t::`ove.r 1���rnnrn Resolution approving specifications, form of contract, etc. and setting the date of bid opening as July 26, 2018, and public hearing as August 6, 2018, SUBJECT: in conjunction with furnishing the City of Waterloo with Maintenance and Service contracts for fourteen(14) city owned buildings, and instruct City Cleric to publish notice. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Approve setting date of bid opening and setting public hearing date in conjunction with maintenance and service contracts for Elevator Preventative Maintenance and Service for fourteen(14) city owned buildings: City Hall, Carnegie Annex, East 5th Street/Courier Parking Ramp, East Park Avenue Recommended Action: Parking Ramp, West 5th Street Parking Ramp, Commercial Street Parking Ramp, Waterloo Airport Terminal, Waterloo Public Library(2 elevators), Young Arena, Memorial Hall, Waterloo Center for the Arts/Youth Pavilion(2 elevators), Waterloo Boat House, Cedar Valley Sportsplex, and Hawkeye Lift Station. Expenditure Required: Unknown Source of Funds: Building Maintenance Page 22 of 142 CITY OF WATERLOO — REQUEST FOR PROPOSAL Elevator Preventative Maintenance and Service City of Waterloo, under the jurisdiction of the City Council, is seeking bids for furnishing the City of Waterloo with Elevator Preventative Maintenance and Service for fourteen (14) government facilities. To be considered for this project, the bidder must be familiar with the specifications set forth in the bid document; and the bidder offers to furnish elevator preventative maintenance services to the City as required in the bid document. This entire document shall be considered as bindinz, part of the contract, and must meet or exceed the specifications set forth in the Request for Proposal. The vendor with the lowest qualifying total bid or lowest individual building bid, which bests serves the interest of the City of Waterloo, will be awarded the project. The term of the contract and price shall be fixed for two (2) years, commencing on August 1, 2018, or shortly thereafter the signing of the contract. Note: There may be a 1, 2 or 3 year extension, if the City of Waterloo is satisfied with the elevator company's performance at the end of the contract period. Mark Boesen, Temporary Building Supervisor 319-291-4522 Ext 3065 Ed Abben, Foreman, Building Maintenance 319-269-4688 Page 23 of 142 Page 2 1. TERM OF CONTRACT: The price quoted for the two-(2) year term shall be fixed. There may be an option to extend the elevator agreements for a one-(1), two-(2) or three (3) year period. This option may be offered to the company by the City of Waterloo if the City Council is satisfied with the elevator vendor's performance during the initial contract period. 2. DEFINITIONS: Owner = City of Waterloo, City Council Project Manager = Temporary Building Supervisor Mark Boesen City = City of Waterloo Bidder = Vendor/Company Maintenance Depart = Building Maintenance Department 3. BUILDING/ELEVATOR INFORMATION: The fourteen (14) City Buildings with specific elevators are as follows: City Hall 715 Mulberry Street Main Elevator#3983 Traction Police Department Elevator#3984 Traction Carnegie Annex 620 Mulberry Street Elevator#8076 Hydro East 5th Street/Courier Parking Ramp Elevator#9055 Hydro East Park Avenue Parking Ramp Elevator#5886 Hydro West 5th Street Parking Ramp Elevator#9114 Hydro Commercial Street Parking Ramp Elevator#4818 Hydro Page 24 of 142 Page 3 Waterloo Airport Terminal 2790 Livingston Lane Elevator#10787 Hydro Waterloo Public Library 415 Commercial Street Elevator#3160 Hydro Elevator#3342 Traction Young Arena 125 Commercial Street Elevator#8300 Hydro Memorial Hall 104 W. 5th Street Elevator#10243 Hydro Waterloo Center for the Arts/Youth Pavilion 225 Commercial Street Elevator#3183 Hydro Elevator#11892 Hydro Waterloo Boat House 707 Park Road Elevator#12921 Hydro Cedar Valley Sportsplex 300 Jefferson Street Elevator#13 3 93 Hydro Hawkeye Lift Station 3900 Texas Street Elevator#6598 Traction 4. IMPORTANT DATES: PRE-BID MEETING: City Hall, City of Waterloo 715 Mulberry Street, Mollenhoff Conf. Room Tuesday, July 10, 2018 At 10:00 a.m. Page 25 of 142 Page 4 BID SUBMITTAL DEADLINE: THURSDAY, JULY 26, 2018 On or before 1:00 p.m. SUBMIT BID (& Bid Bond) TO: City of Waterloo, City Hall City Clerk's Office 715 Mulberry Street, Waterloo, IA 50703 All bids shall have prices clearly printed on the attached"FORM OF PROPOSAL". All bids are to be submitted in a sealed envelope clearly marked as follows: "BID PROPOSAL FOR ELEVATOR PREVENTATIVE MAINTENANCE AND SERVICE—CITY OF WATERLOO, IOWA". All bids shall be accompanied with a bid security of 5% of the bid price for one year. Bid security shall be submitted with the bid proposal in a sealed envelope clearly marked as "BID SECURITY FOR ELEVATOR PREVENTATIVE MAINTENANCE AND SERVICE". The name of the business submitting the bid must also be clearly marked on both envelopes. Any bid submitted after the specified date and/or time shall be rejected. All bids must be hand-delivered or mailed to the above address, and it shall be the sole responsibility of the bidder to ensure that the bid is received by the City at the above location and time. Any bid submitted after the specified date and time shall be rejected. NO FAXED BIDS WILL BE ACCEPTED UNDER ANY CIRCUMSTANCES. BID OPENING: THURSDAY, JULY 26, 2018 At approx. 1:00 p.m. City Clerk's Office, Pt Floor Conference Room 715 Mulberry Street, Waterloo, IA 50703 5. CONTRACT/PROJECT TO COMMENCE: Contract shall commence on or after August 1, 2018, and signing of the contract. Two (2) original signed contracts to be furnished by the successful bidder to be approved by the City Council and signed by the Mayor. By virtue of statutory authority, the company shall give preference to Iowa Domestic Labor, and products produced within the State of Iowa according to the provisions of the Code of Iowa as amended. 6. BID REJECTION/ACCEPTANCE: The City reserves the right to reject any and all bids, waive informalities in bidding, or to accept the bid which best serves the interests of the City. Page 26 of 142 Page 5 7. BID WITHDRAWL: All bid prices, upon submission by bidder, are recognized by the City and bidder to be irrevocable for a minimum of thirty(30) calendar days after the scheduled opening of the bids without the consent of the City. S. BID SECURITY: Each bidder shall accompany the bid with a bid security by a bid bond, cash deposit, Cashier's Check or Certified Check on a solvent bank chartered under the laws of the United States and in accordance with the requirements of Section 384.97 of the Iowa Code as amended, in the amount of not less than 5%of the total first year of the proposed project. Bid security shall be made payable to the City of Waterloo. Bid security shall be submitted in a separate sealed envelope and be affixed to the bid. The envelope shall have the company name and address clearly stated along with being labeled as "Bid Security". Bid Security shall be returned to the bidders who were not awarded the contract, upon signing of the Contract. 9. PERFORMANCE BOND: Upon signing the Contract, a Performance Bond in the amount equal to the l st year of the two-year contract shall be required and submitted before work commences. The Performance Bond shall be in effect until the end of the 1 st year of the contract and contract has been satisfied and accepted by the City Maintenance Administrator and City Council. 10. TAXES & LATE FEES: The City is a governmental agency and does NOT pay taxes or late fees. 11. TERMS OF PAYMENT: The company shall submit a monthly invoice request for payment. The City shall endeavor to make payment in a reasonable time frame and manner. 12. START UP: The contractor shall inspect all the City's elevators listed above and determine what if any work at that time is necessary for the safe operation of the City's elevators. This work is to be coordinated with the Maintenance Administrator and/or Building Maintenance Foreman and shall occur in the first ninety (90) days of the contract start date. Page 27 of 142 Page 6 13. TERMINATION OF SERVICES: Either party may terminate this agreement with a written thirty(30) day notice to the other party. 14. INTERPRETATION OF THE CONTRACT DOCUMENTS: Bidders are hereby given notice to check carefully the accuracy and arithmetic of their bids before submission of said bid. Plea of errors in the bid may never the less result in acceptance or rejection of that bid and award to the next lowest reasonable bidder. The vendor shall verify all sizes, types, locations and existing conditions prior to bidding. If any discrepancy is noted by the vendor, the Maintenance Administrator and Building Maintenance Foreman shall be notified immediately. In the event that any questions shall arise after the letting of the contract respecting the true meaning of the specifications, the matter shall be referred to the Maintenance Administrator, whose decision shall be final as to all parties of the contract. No advantage shall be taken of any manifest clerical errors or omissions or questions the vendor may have which could affect the bid before submitting the bid. 15. INSURANCE & LEGAL REQUIREMENTS: 15.1 The company shall maintain adequate liability insurance in form(s) and amount(s) sufficient to protect the City of Waterloo, its agencies, its employees, its clients and the general public against loss, damage and/or expense related to performance under the elevator maintenance and service contract. 15.2 The company shall provide a Certificate of Liability insurance naming City of Waterloo as additional insured and said insurance certifications must be provided to the City of Waterloo before or upon award and signing of the contract. 15.3 In the event the insurance coverage is canceled or modified in any way, the City of Waterloo must be notified immediately. If at any time during the contract period the company fails to maintain the minimum insurance coverage, the contract may be canceled at the City's option. 15.4 Minimum insurance requirements are as follows: 1) Comprehensive General Liability $2,000,000 2) Comprehensive Automobile Liability $1,000,000 3) Workers Compensation State Statutory Page 28 of 142 Page 7 15.5 Hold Harmless—Our business partners shall defend, indemnify and hold harmless the City of Waterloo, its officers, employees, agents, and/or representatives from and against any and all claims for injury or damages arising out of the performance of the relationship,but only in proportion to and to the extent such liability, loss, expense, attorney fees, or claims for injury or damages are caused by or result from negligent or intentional acts or omissions of the business partner, its officers, agents or employees. 16. SCOPE OF WORK: 16.1 Bidder is to provide a scope of work as to what they will provide with their proposals. This scope of work should include and not be limited to just what is provided under their proposal, but what items if any are to be excluded from the proposal. This should include items needing repair necessitated by normal wear and tear and other maintenance issues. This should include and not be limited to: Relay logic control system, microprocessor control system,power unit, hydraulic system accessories, car equipment, wiring, hoist and pit equipment, door equipment,rails and guides, manual freight door equipment,power freight door equipment, signals and accessories, geared/gearless machines, and ropes. 16.2 If items are to be excluded, they should be listed under an exclusion section of the Bidders proposal. 16.3 Tests on equipment should follow manufacturer and State of Iowa requirements and should be included with this proposal. 16.4 In addition, since the State of Iowa will begin enforcing specific ASME A17.3 Safety Code Requirements for elevators beginning May 1, 2020. The Bidder needs to assist the City in planning and budgeting bringing our elevators into compliance. This may include and not limited to; emergency lights, emergency alarms, door restrictors, pit ladders, emergency two-way communication devices, keyed stop switch,pit light,pit stop switch and outlet, car top light and non-shearing Astragals. 16.5 Bidder to include pricing for after-hours service calls. 16.6 Bidder to note anticipated response time from initial contact to service work. (Speed of Service) 16.7 Bidder shall include in their proposal any price adjustment provisions that may be needed down the road. Page 29 of 142 Page 8 17. REFERENCES: The bidder must provide along with the proposal the names of two (2) or more references - installations of comparable size in which the company currently provides elevator maintenance services. Bidder must list names of firms, addresses,phone numbers and name of contact persons. Page 30 of 142 CITY OF WATERLOO ELEVATOR PREVENTATIVE MAINTENANCE AND SERVICE FORM OF BID The bidder, having fully read this document,hereby acknowledges that this Bid Proposal completely reflects the total bid price contained herein. It is the bidder's responsibility to determine the bid price based on the bidder's own evaluation of the space to be covered and the work to be done. BASE BID PER MONTH: City Hall 715 Mulberry Street Main Elevator#3983 $ per month Police Department Elevator 43984 Carnegie Annex 620 Mulberry Street Elevator#8076 $ per month East 5th Street/Courier Parking Ramp Elevator#9055 $ per month East Park Avenue Parking Ramp Elevator#5886 $ per month West 5t" Street Parking Ramp Elevator#9114 $ per month Commercial Street Parking Ramp Elevator#4818 $ per month Waterloo Airport Terminal 2790 Livingston Lane Elevator#10787 $ per month Waterloo Public Library 415 Commercial Street Elevator#3160 $ per month Elevator#3342 $ per month Page 31 of 142 Young Arena 125 Commercial Street Elevator#8300 $ per month Memorial Hall 104 W. 5t" Street Elevator#10243 $ per month Waterloo Center for the Arts/Youth Pavilion 225 Commercial Street Elevator#3183 $ per month Elevator#11892 $ per month Waterloo Boat House 707 Park Road Elevator#12921 $ per month Cedar Valley Sportsplex 300 Jefferson Street Elevator#13393 $ per month Hawkeye Lift Station 3900 Texas Street Elevator#6598 $ per month TOTAL BID: $ PER MONTH ADDITIONAL POSSIBLE CHARGES (EXTRA WORK REQUESTED): Page 32 of 142 CITY OF WATERLOO FORM OF BID (cont.) Company By: (Authorized Signature) (City, State) By: (Printed Name) (Date) Page 33 of 142 VENDOR LIST - ELEVATOR MAINTENANCE/SERVICE - 2018 KONE, Inc. (Jennifer Reyes) (309) 797-3232 ext 209 1801 River Drive, Moline, IL 61265 (309) 314-8334 - Cell Email: Jennlfer.Reyeskkone.com Schumacher Elevator Company(Jamilee Lightfoot) (319) 984-5676 One Schumacher Way, PO Box 393, Denver, IA 50622 (319) 406-1232 Email: jamille.li htg foot(a�schumacherelevator.com Otis Elevator Company (641) 423-1574 103 E State St Ste 24, Mason City, IA 50401 Website: otis.com O'Keefe Elevator Company (515) 283-2471 1567 Ohio St, Des Moines, IA 50314 Website: okeefe-elevator.com Page 34 of 142 CITY OF WATERLOO Council Communication Request to certify assessment to property for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees:Address and amount to certify: 179 West 18th Street- $1,318.00 City Council Meeting: 6/18/2018 Prepared: 6/11/2018 REVIEWERS: Department Reviewer Action Date Water Works Maifierc, Mead. Approved (5/11/2018 :OD AM (.`Ilenk Office Even, L-eA. nn Approved 6/12/2018 ... 8-29 AM ATTACHMENTS: Description Type D May 24, 2018 Board action aan,sessrneaat letter 179 t:"oNleir Memo West '18th Stine Request to certify assessment to property for work performed by the Waterloo Water Works, together with recommendation of approval by the SUBJECT: Waterloo Water Works Board of Trustees: Address and amount to certify: 179 West 18th Street- S1,318.00 Submitted by: Submitted By: Matt Mahler, General Manager Adopt a resolution approving communication from the General Manager of Recommended Action: the Waterloo Water Works transmitting a request to certify repair amounts for work performed by the Waterloo Water Works. The Board of Trustees of the Waterloo Water Works adopted a resolution at Summary Statement: their Board meeting, instructing the General Manager to forward the request to certify to the City Council of Waterloo, Iowa. The repairs were made to the private service line of a customer of the Waterloo Water Works. No City funds are required for this action. The Waterloo Water Works paid Expenditure Required: for the repairs to the referenced private water service lines, and then recovers the cost of the repairs through this assessment process. Source of Funds: Waterloo Water Works operating funds, generated from water sales. Page 35 of 142 CITY OF WATERLOO Council Communication Request from Avita Developments for a waiver for a concrete driveway located at 419 E. Donald Street and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. City Council Meeting: 6/18/2018 Prepared: 6/13/2018 REVIEWERS: Department Reviewer Action Date p:^n)ggd,ii=•ing 1 mases i, Jamie Approved 13/2018 ... 1 1.0I AM t.`Ilcrrp Office p p igngby, Na:amcy Approved 6/13/2018 ... i p:a 3 AM ATTACHMENTS: Description Type DV"V Wawa°r 41.9 E Donald ld Sg Me nio Request from Avita Developments for a waiver for a concrete driveway SUBJECT: located at 419 E. Donald Street and authorizing the construction of a concrete drivewayplacing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted by: Submitted By: Jamie Knutson, PE, Interim City Engineer Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on Recommended Action: City right-of-way on an unimproved street. I have reviewed this request and recommend its approval subject to the following provisions. 1.Work to be performed by an approved and bonded contractor. 2.A permit is to be obtained from the office of the City Engineer prior to construction. Summary Statement: 3.All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. THAT PART OF THE SW 1/4 OF THE SW 1/4 SEC 12 T 89 R 13 COM AT THE SE COR OF SAID SW 1/4 OF THE SW 1/4 TH N ALONG THE E LINE OF SAID SW 1/4 A DIST OF 33 FT TH N 89 DEG 51 SEC W 33 FT TO THE PT OF BEG WHICH IS THE Page 38 of 142 INTERSECTION OF THE WLY ROW LINE OF E 4TH ST AND THE NLY ROW LINE OF DONALD ST TH N 89 DEG 51 SEC W Legal Descriptions: ALONG SAID NLY ROW LINE 445.61 FT TH N A DIST OF 200.01 FT TH N 89 DEG 51 SEC W 185 FT TH N 308.41 FT TH S 89 DEG 51 MIN E 628.30 FT TO THE WLY ROW LINE OF E 4TH ST TH S ALONG SAID WLY ROW LINE 508.45 FT TO PT OF BEG EXC COM SE COR SW SW TH N 33 FT TH N 89 DEG 55 MIN 28 SEC W 33 FT TO W ROW LINE E 4TH ST BEING PT OF BEG TH N 89 DEG 55 MIN 28 SEC W 10 FT TH N 44 DEG 34 MIN 58 SEC E 14.02 FT TO W ROW LINE E 4TH ST TH S 10 FT TO PT OF BEG Page 39 of 142 WAIVER Date �,� „ Honorable Mayor and City Council City Hall ��... Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a driveway or sidewalk located at .......... ..... ncrete or asphalt) �C-0— iV Mui, i��ui" ge (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of ad rivew' ay or sidewalk on City right-of-way on an unimproved street. Other: agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dolls i ($7.00)°dor the purpose of recording this agreement. Respectfully submitted, ,Prn Ped .N0Pgame of Property owner �i nat „r�e of eroperty Owner Page 40 of 142 �I CITY OF WATERLOO Council Communication Request from Joan Smith for a waiver for a concrete driveway located at 4465 Texas Street with the elimination of the sidewalk section due to the inability to meet grade requirements. City Council Meeting: 6/18/2018 Prepared: 6/13/2018 REVIEWERS: Department Reviewer Action Date p:^nmg'iieer'inng KnnLIISOr1, Iaame Approved 6/�3/2,018 ipnii6 AM (..,11;rk Ot%pnce Ilipg") > 114armcy Approved 6/13/2 018 1 3 AM ATTACHMENTS: Description Type I..)W V"a vei 4465 1'exa s St Covet Menio Request from Joan Smith for a waiver for a concrete driveway located SUBJECT: at 4465 Texas Street with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted by: Submitted By: Jamie Knutson; PE, Interim City Engineer Recommended Action: Recommended for approval by the City Engineer. Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk specifications, Section 18, to be located at 4465 Texas Street. I have reviewed this request and recommend its approval subject to the following provisions: Summary Statement: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. This is a waiver of the City's Standard Specifications for Driveway Background Information: Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. UNPLATTED WLOO WEST A PART OF GOVT LOT 3 IN SEC 12 T Page 41 of 142 88 R 13 COM AT A PT ON CENTERLINE HWY 218 THAT IS 1108.84 FT SELY FROM INTERS CENTERLINE HWY 218 WITH W LINE GOVT LOT 3 TH NELYAT RT ANGS 470 FT TO POB TH SELY AT RT ANGS 195 FT TH NELYAT RT ANGS TO E LINE GOVT LOT 3 TH NLY ALONG E LINE TO CENTERLINE CO RD 258 TH NWLY ALONG CO RD 258 TO A PT THAT IS 261.6 FT FROM PT OF BEG TH SWLY TO POB EXC PCL G IN DOC 2017-016774 DESC AS Legal Descriptions: COM AT APT ON CENTERLINE OF TEXAS ST THAT IS 1188.84 FT SELY FROM PT OF INTERSECTION OF CENTERLINE OF SAID ST WITH W LINE OF GOVT LOT 3 TH SELY 127 FT TH NELYAT RIGHT ANGLES 263 FT TH NWLYAT RT ANGS 12 FT TH NELYAT RT ANGS 107.93 FT TO POB TH N 36 DEG 14 MIN 14 SEC W 114.92 FT TH S 53 DEG 45 MIN 55 SEC W 98.89 FT TH N 36 DEG 12 MIN 57 SEC W 80.05 FT TH N 53 DEG 45 MIN 55 SEC E 198.04 FT TH S 36 DEG 17 MIN O1 SEC E 194.94 FT TH S 53 DEG 45 MIN 07 SEC W 99.34 FT TO POB Page 42 of 142 WAIVER J. Date: �Jwqe - Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a driveway or sidewalk located at Qc0-nH!!!i.90 a s p h a I t) 1A-16 1-5 WU (Address) This Waiver is needed because of: special surface texture to be used on the concrete approach (i.e.,exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements, elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: .......... I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk Is constructed. 2. To remove and replace the private driveway, as needed, to an Official elevation at no additional expense to the City of Waterloo at such time that curb and gutter Is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a-permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. B. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, Printed Name of Property Owner Sign ture of Property Owner Page 43 of 142 CITY OF WATERLOO Council Communication Motion to approve Application for Fireworks Display in conjunction with the Mayor's Firework Show to be held at Park Avenue Bridge, on Saturday, June 30, 2018, at 9:45 p.m. (Approx. 12 minutes). City Council Meeting: 6/18/2018 Prepared: 6/14/2018 REVIEWERS: Department Reviewer Action Date p'11erk Office ppigby, T a� � cy Approved 6/i4/.'018 ... 4.35 PM Motion to approve Application for Fireworks Display in conjunction with the SUBJECT: Mayor's Firework Show to be held at Park Avenue Bridge, on Saturday, June 30, 2018, at 9:4512.m. (Approx. 12 minutes). Submitted by: Submitted By: Pat Treloar, Chief of Fire Services Page 44 of 142 CITY OF WATERLOO Council Communication Bonds City Council Meeting: 6/18/2018 Prepared: REVIEWERS: Department Reviewer Action Date �:^nig dmneen'namp fflgby, 1" mmcy A.pproved /G 3/2,018 11.25 lG.M ATTACHMENTS: Description Type ❑ 1:3orids for cotineup ampp:rrovamp 6.1 8.p.8 Cover p0 ert.o SUBJECT: Bonds Page 45 of 142 BONDS FOR COUNCIL APPROVAL June 18, 2018 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 3398458 ANTHONY TUCKER WATERLOO, IA 7900383696 CEDAR VALLEY RENOVATIONS LLC CEDAR FALLS, IA IA5130688 KAYSER PLUMBING & HEATING INC. dba KAYSER PLUMBING & HEATING WATERLOO, IA IA5130228 MAC CONCRETE CONSTRUCTION, LLC WEST LIBERTY, IA IA5130155 SEMIR SKRGIC WATERLOO, IA IA 560030 TIME CONCRETE CONST. CO. HUDSON, IA Page 46 of 142 CITY OF WATERLOO Council Communication General Aviation Apron Pavement Reconstruction Project at the Waterloo Regional Airport, via FAA Grant Project No: 3-19-0094-0046. City Council Meeting: 6/18/2018 Prepared: 6/12/2018 REVIEWERS: Department Reviewer Action Date Airport Kasparn, ICC::�th Approved 6/�2/2018 4.35 PM ('..'Ilerk Offi�ce Evein, 1-eA.m) Approved (5/12/2018 5-46 PM ATTACHMENTS: Description Type D 1.)ata Sficct 11fiase 4 ... Tennilrial A,prori Project Covet Memo D cwirigTessioinal Nodfication of'FAA(3rarit Award No. 46 Memo D Ptch.iiire No -. I of(YA.Apirmflaveui.erut West Cover Me.rn-io D Ptctn.iiii-e Nw 2 of(3A.Apiro�i flaVreai.ent West ("'ovcx Mcrn-io D P tcftuii'e No , 1 of Air Cairirueir AproEast ('.'ovc.r Mcaio D Bkl 'Tabulafiori (Ietaiied (...'over Meaty D Bi(I 'Tab Backup Materiall Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No Comments on file. Motion to close hearing and receive and file oral and written comments. SUBJECT: Resolution confirming a1212roval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct the City Clerk to read bids and refer to Director of Aviation for review. Submitted by: Submitted By: Keith Kaspari, Director of Aviation Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING: No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of specifications, form of contract, etc. Recommended Action: Resolution authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids. Resolution awarding the bid to of for Page 47 of 142 the General Aviation Apron Pavement Reconstruction Project at the Waterloo Regional Airport, via FAA Grant No: 3-19-0094-0046, in the amount of$ , and authorize the Mayor and City Clerk to execute said document. Summary Statement: Request Council to approve of this request by Staff. The source of funds for this project is as follows: 1. 90% of the funds from the Federal Aviation Administration's Airport Source of Funds: Improvement Program, or AIP. 2. The remaining 10% comes from and is derived by the Passenger Facility Charge, which is a fee associated with the purchase of an airline ticket. This project complies with the City of Waterloo's Strategic Plan, as follows: Policy Issue: 1. Goal No:2, and Strategy No: 2.2. 2. Goal No: 3, and Strategy Nos: 3.3, 3.4, 3.5 and 3.7. 3. Goal No:4, and Strategy No:4.5. Alternative: There were no project alternatives selected for this project. This project allows Staff to continue the phased improvements to aircraft movement and non-movement pavements at Waterloo Regional Airport. This particular project includes the following scope of work: Background Information: 1. Complete reconstruction of current asphalt pavement located adjacent and north of the airfield lighting vault; and, 2. Cleaning and resealing of pavement joints at the East Air Carrier Apron located between the Airline Passenger Terminal Building and the FAA's Air Traffic Control Tower(ATCT). Legal Descriptions: Not Applicable for this request by Staff. Page 48 of 142 CIP DATA SHEET • ' Waterloo Regional Airport • I ALO kelegg 0 • ' 2 - ' • Terminal Apron Phase 4 • - 2018 SKETCH: 9 I K iu Illli � uuu uui i i iq� H a ,i t A JUSTIFICATION: The southern section of the airport terminal apron is constructed of hot mix asphalt pavement and is in poor condition with almost the entire area showing medium to high severity block cracking. This area of the apron is used for charter aircraft operating at the airport and is in need of complete reconstruction. The Waterloo Regional Airport currently has approximately 18,200 square yards of General Aviation Apron including this section of apron. The attached apron sizing spreadsheet untilizing Design Group II aircraft shows that the airport is deficient on general aviation apron area. This area serves as parking for remain overnight aircraft for sports and Honor Flights in addition to parking for the general aviation terminal for aircraft operated by businesses in the area including John Deere, Target and Menards. COST ESTIMATE: (Attach detailed cost estimate) Federal(90%) $510,480 State $ Local (10%) $56,720 Total $567,200 SPONSOR'S VERIFICATION: Date (see instruction sheet or point mouse over each date box for more information) For each and every project 2001 - Date of approved ALP with project shown as applicable N/A - Date of environmental determination (ROD, FONSI, CE), or cite CE paragraph#(Ch 5) in Order 1050.1 F N/A - Date of land acquisition or signed purchase agreement FAA USE ONLY 2017 - Date of pavement maintenance program Verification:FAA •- - N/A - Snow removal equipment inventory&sizing worksheet(for SIRE acquisition) attached d -Apron sizing worksheet (for apron projects) Revenue producing facilities (for fuel farms, hangers, etc.) N/A - Date statement submitted for completed airside development N/A - Date statement submitted for runway approaches are clear of obstructions SPONSOR'S SIGNATURE: DATE: September 6, 2017 PRINTED NAME: Keith Kaspari, MPA, CM TITLE: Director of Aviation PHONE NUMBER: (319)291-4483 FAA USE ONLY PREAPP NUMBER GRANT NUMBER NPIAS CODE WORKCODEPRIORITY Page 49 of 142 KeithKai an == L.... From: Kuntz, Sherry (Grassley) <Sherry,-Kuntz@grassley.senate.gov> Sent: Friday, June 08, 2018 12:28 PM "To: Keith Kaspari Cc: QUENTIN HART Subject. FAA Award Notice ............... n........................................ ........................................... iUnS. Department of Transportation 1200 New Jersey Ave o ;office of Secretary of Transportation Washington, DC 2056� ............... ....... ......... ...... NOT'iCE OF GRANT AWARD Tide: Waterloo Regional. Reconstru(A'Apron DOT Agency Disbursing Funds: Federal Aviation Administration Ir Project Name/Number: Waterloo Regional Award Recipient City of Waterloo, Iowa City/Country/State Waterlioo,Black Hawk, to Place of Performance Waterloo Regional State Congressional District Entitle Amount $ 510,480.00 Discretionary Amount $ om Total Grant Amount $ 510,480.00 DOT Regional Office/Telephone Number Sheila Bridges (816)329-2638 Description- Reconstruct Apron a This grant will provide federal funding for the Waterloo Regional Airport associated with Waterloo, Iowa. 'This project reconstructs 3,500 square yards of the existing apron pavement that has reached the end of its useful life. 9 Waterloo Regional Airport is a nonhub primary airport associated with Waterloo, Iowa. The local point of contact is Mr. Brad Hagen, Director of Aviation. Mr. Brad Hagen may be reached at (319) 291-4483. Following this grant announcement, FAA will notify the sponsor of the allocation. A grant offer will be issued subsecluently for this grant as finally formulated. 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Base Bid: $699,767.50 Clarksville, IA 5% Base + Alt: $745,367.50 K. Cunningham Base Bid: $688,153.75 Construction Co., Inc. 5% Base + Alt: $730,778.75 Cedar Falls, IA Croell Inc. Base Bid: $639,233.75 New Hampton, IA 5% Base + Alt: $667,251.25 Page 55 of 142 CITY OF WATERLOO Council Communication Development Agreement with Advanced Heat Treat Corp., to authorize the sale and conveyance of a portion of City owned property for$1.00 generally located south of 2825 Midport Boulevard, for the expansion of their heat treating facility. City Council Meeting: 6/18/2018 Prepared: 6/12/2018 REVIEWERS: Department Reviewer Action Date 1° aaaaan'nng& Zo ming Sdircoederc,Aric Approved (5/12/2018 ... :1)"I 13mM 1.1IIca1 Office 1pigby, Namy Approved 6/13/2018 ... 9-58 AM ATTACHMENTS: Description Type .111" .1!xe.e i.e nt Baackiiipb MateirW Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING - No Comments on File. Motion to close hearing and receive and file oral and written comments. Resolution approving a Development Agreement with Advanced Heat Treat SUBJECT: Corp., to authorize the sale and conveyance of a portion of City owned property for 51.00 generally located south of 2825 Midport Boulevard, for the expansion of their heat treating facility, with an estimated new taxable value of$2,055,780 million, with 3 years at 50% tax rebates, and authorizing Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approve The City has been working with Advanced Heat Treat on their 15,500 square foot expansion at their location along MidPort Blvd. As a part of the expansion, they will need access off of Airport Blvd. to allow for additional truck movements on their property. The development agreement requires the city to deed over approximately 0.82 acres of land to allow for an access point for semi traffic to their Summary Statement: expansion. Typically for a project of this size the company would receive a full acre of land for$1. Since the company is not receiving the full acre, the city is also offering 3 years of rebates at 50% on the added valuation of the addition to equal out the land price of one complete acre. A total of 12 new jobs will be created as a part of the expansion, 6 of those jobs recognized as high quality jobs by the State with wages at or above $17.29 an hour. Page 56 of 142 Expenditure Required: Rebates/Land Source of Funds: Midport TIF Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- creation of jobs, ways to create an Policy Issue: environment to attract population to Waterloo, create new tax base, new investment in CURA area and TIF areas Alternative: Not approve The city has been working with Advanced Heat Treat on their expansion at 2825 MidPort Blvd. The city has previously approved state incentive applications for the High Quality Jobs program with the Iowa Economic Background Information: Development Authority. As a part of the High Quality Jobs program a local match was needed. Advanced Heat Treat applied for the Industrial Property Tax credit as well as receiving the Land and rebates from the city for the match. Council has also approved an early access agreement for the project so construction could begin on the project. Midport America Park Plat No. I that part Tract B lying north of a line which begins at a point on the east line of said Tract B at a point which is 420 feet south of the northeast corner of said Tract B thence north 90 degrees west 790 feet to the west line of said Tract B and point of termination. Legal Descriptions: Also The North 100 feet of the West 360 feet of that part of Tract "B", Midport America Park Plat No. 1, in the City of Waterloo, Black Hawk County, Iowa, lying south of the parcel shown on the Plat of Survey recorded in City Lot Deed Book 665, at Page 403, in the records of the Black Hawk County Recorder. Page 57 of 142 Prepared by Christopher S.Wendland, P.O. Box 596,Waterloo, IA 50704 Phone(319)234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of ' 2018 by and between Advanced Heat Treat Corp. (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, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. B. Company owns property at 2825 Midport Blvd., Waterloo, Iowa, described on Exhibit "A-2" attached hereto (the "Company Property") and is willing and able to finance and construct a building and related improvements on adjacent property located in the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Airport Area Development Plan area, and legally described on Exhibit "A-1" attached hereto (the "Property"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company for the sum of $1.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made Page 58 of 142 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. 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 not 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 review. 2. Improvements by Company. Company shall construct on the Property and the Company Property a 15,500 square-foot addition to its current facility, and related parking, landscaping, and other 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. The Property, the Company 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. Timeliness of Construction; Possibility of Reverter. 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 to Company and that without said commitment City would not do so. Company must obtain a building permit and begin construction within six (6) months from the date of this Agreement (the "Project Start Date") and substantially complete construction by September 30, 2019 (the "Project Completion Date"). If Company has not, in good faith, begun the construction of the Improvements by the Project Start Date, then title to the Property shall revert to the City, except as provided in this Agreement; provided, however, that if construction has not begun by the Project Start Date but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then 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 by special warranty deed, and thereupon neither party shall have any further obligation under this Agreement except as expressly provided. If development has commenced by the Project Start Date 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 requirement that construction is to be completed by the Project Completion Date shall be tolled for a period of time equal to 2 Page 59 of 142 the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension the title to the Property shall revert to the City after the end of said period. 4. Reverter of Title; Indemnity. 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, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. Appointment of Attorney in Fact: 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, 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 or Liens 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, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any Liens 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 before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 6. Reserved. 7. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. 8. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property and the Company 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 3 Page 60 of 142 the Property or the Company Property, which shall be fixed for assessment purposes, below the amount of$2,055,780 (the "Minimum Actual Value"), through: (i) willful destruction of the Property, 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 "B" at the closing. 9. Tax Rebates. Provided that Company has completed the Improvements as set forth herein and has executed the Minimum Assessment Agreement as set forth above, City agrees to rebate property tax (with the exceptions noted below) as follows: Year One through Year Three 50% rebate each year for any taxable value over the January 1, 2018 value. Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year. To receive rebates for a given year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City, or the rebate shall be forfeited. The taxable value of the Property and the Company Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of$500.00. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year of in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of the Improvements, and not based on a prior year for which the assessment is based solely upon (x) the value of the Property and the Company Property or upon (y) the value of the Property, the Company Property, and a partial value of the Improvements due to partial completion of the Improvements or a partial tax year. 10. 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. 4 Page 61 of 142 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. 11. 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. 12. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 10% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 13. 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. 14. 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 5 Page 62 of 142 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. 15. 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 2825 Midport Blvd., Waterloo, Iowa 50703, facsimile number , Attention: President. 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. 16. 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. 17. 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. 18. Severability; Reformation. 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 6 Page 63 of 142 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. 19. 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. 20. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 21. 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. 22. 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. 23. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA ADVANCED HEAT TREAT CORP. By: By: Quentin M. Hart, Mayor Gary L. Sharp, CEO Attest: Kelley Felchle, City Clerk 7 Page 64 of 142 EXHIBIT "A-1" Legal Description of Property The North 100 feet of the West 360 feet of that part of Tract "B", Midport America Park Plat No. 1, in the City of Waterloo, Black Hawk County, Iowa, lying south of the parcel shown on the Plat of Survey recorded in City Lot Deed Book 665, at Page 403, in the records of the Black Hawk County Recorder. Page 65 of 142 EXHIBIT "A-2" Legal Description of Company Property Midport America Park Plat No. 1 that part Tract B lying n of a line which begins at a point on the east line of said Tract B at a point which is 420 feet south of the northeast corner of said Tract B thence north 90 degrees west 790 feet to the west line of said Tract B and point of termination. Page 66 of 142 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2018, by and among the CITY OF WATERLOO, IOWA ("City"), ADVANCED HEAT TREAT CORP. ("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-1" and Exhibit "A-2" 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 East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Airport Area Development Plan Area; 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 $2,055,780 (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 September 30, 2019. 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, 2026. 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 the Assessor in excess of the Minimum Actual Value established herein. In no event, Page 67 of 142 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. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA ADVANCED HEAT TREAT CORP. By: By: Quentin M. Hart, Mayor Gary L. Sharp, CEO By: Kelley Felchle, City Clerk STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of , 2018, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, 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 2 Page 68 of 142 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. Notary Public STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2018 by Gary L. Sharp as CEO of Advanced Heat Treat Corp. Notary Public 3 Page 69 of 142 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 Two Million Fifty-Five Thousand Seven Hundred Eighty Dollars ($2,055,780) until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2018 by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 70 of 142 CITY OF WATERLOO Council Communication Master Lease Agreement and Lease Supplements with Verizon Wireless to be able to place equipment on city light structures, for a period of twenty-five (25)years, with supplements for five years at$30 per month/pole. City Council Meeting: 6/18/2018 Prepared: 6/12/2018 REVIEWERS: Department Reviewer Action Date 1° ar)rrmir)g;& zona llg Seliroeder, Axie Approved 6/ 3/.2018 ... 10-45 CSM (.'Ilerk 1.1p'pnce 1pipp") > 114amcy Approved (5/13/2018 1 O4 AM ATTACHMENTS: Description Type Master and t%vaa 4 uipplcrrnents Covet Menlo Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. SUBJECT: Resolution approving lease agreement with Verizon Wireless to be able to place equipment on city light structures, for a period of twenty-five 25) years, with supplements for five years at S30 per month/pole, and authorize the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approve resolution Verizon has worked with other communities in Iowa, private owners, and utility companies, to utilize existing light structures, for the addition of Summary Statement: equipment for wireless services. This equipment works to boost signals and strength in area of high usage in communities to help residents and visitors alike gain additional services, etc. Expenditure Required: None Source of Funds: NA Policy Issue: Additional revenue, services to community Alternative: Not approve Verizon has been working with the City to work out a Master Agreement so we can continue to work on providing this type of improvement in differeing areas of the community. Light pole fixtures are often owned by the City, or MidAmerican Energy, or the Iowa DOT, or private companies. There is Page 71 of 142 Background Information: equipment in the Crossroads area now, that is in place to boost the signal. The two light poles starting for the supplemental agreement would be in the Tower Park area, and would replace poles (per City specs), be in charge of maintenance of pole, and would pay the City $30 per year(same as University of Iowa lease amount). Legal Descriptions: NA Page 72 of 142 SITE NAME:Waterloo MLA SITE NUMBER: ATTYIDATE:GJ MASTER LEASE AGREEMENT This Master Lease Agreement (the "Agreement") made this day of 20_, between the City of Waterloo, Iowa, with its principal offices located at 715 Mulberry Street, Waterloo, Iowa 50703, hereinafter designated LESSOR and Southwestco Wireless, Inc. d/b/a Verizon Wireless, with its principal offices located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone number 866-862-4404), hereinafter designated LESSEE. LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Party." RECITALS WHEREAS, LESSOR is the owner of, or holds a leasehold or other possessory interest in, certain properties, utility poles and/or facilities,which are located within the geographic area of a license held by LESSEE to provide wireless services issued by the Federal Communications Commission (the "FCC License"); and WHEREAS, LESSEE desires to install, maintain and operate communications equipment on certain of LESSOR's properties, utility poles and/or facilities; and WHEREAS, LESSOR and LESSEE desire to enter into this Agreement to define the general terms and conditions which would govern their relationship with respect to particular sites at which LESSOR may wish to permit LESSEE to install, maintain, and operate communications equipment; and WHEREAS, LESSOR and LESSEE acknowledge that they will enter into a lease supplement ("Supplement"), in substantially the form attached hereto as Exhibit A, with respect to each particular location or site on which the LESSOR agrees to allow LESSEE to install, maintain, and operate communications equipment; and f WHEREAS, the Parties acknowledge that different related entities may operate or conduct the business of LESSOR and LESSEE in different geographic areas, and as a result, each Supplement may be signed by LESSEE and LESSOR's affiliated entities as further described herein, as appropriate based upon the ownership or other interest in the subject property, utility poles or facility, in the case of LESSOR, and the entity holding the FCC License in the subject geographic location, in the case of LESSEE. NOW THEREFORE, in consideration of the mutual covenants contained herein, and intending to be legally bound hereby, the Parties agree as follows: 1. PREMISES. Pursuant to all of the terms and conditions of this Agreement and the applicable Supplement, LESSOR agrees to lease to LESSEE certain space described in the applicable Supplement upon LESSOR's utility poles (the "Poles") and/or surrounding real and/or personal property (LESSOR's Poles, personal property and surrounding real property are hereinafter sometimes collectively referred to as the "Property"), for the installation, operation and maintenance of communications equipment; together with the non-exclusive right of ingress and egress from a public right-of-way, seven (7) days a week, twenty four (24) hours a day, over, under and through the Property to and from the s Premises(as hereinafter defined)for the purpose of installation, operation and maintenance of LESSEE's communications facility. Notwithstanding the foregoing, in the event a Pole is not located in the public i Page 73 of 142 right-of-way or is not located upon Property which allows public access seven (7) days a week, twenty four (24) hours a day, LESSEE shall provide LESSOR twenty four(24) hours' advance notice to LESSOR by contacting LESSOR's emergency number at (31.9) 291-4267, except in the event access to the Pole is required for emergency maintenance and/or repair, in which case LESSEE shall provide LESSOR advance notice as is reasonably practical given the circumstances. The space leased by LESSOR to LESSEE described in the applicable Supplement is hereinafter collectively referred to as the "Premises". The Premises may include, without limitation, certain space on the ground (the "Equipment Space") on the Property, and space on the Poles sufficient for the installation, operation and maintenance of antennas and other equipment (the "Antenna Space") as described in the Supplement. Notwithstanding anything in any Supplement to the contrary, the Premises under each Supplement shall include such additional space necessary for the installation, operation and maintenance of wires, cables, conduits, and pipes (the "Cabling Space") running between and among the various portions of the Premises and to all necessary electrical and telephone utility, cable, and fiber sources located within the Property. If there are not sufficient electric and telephone utility, cable, or fiber sources located on the Property, LESSOR agrees to grant LESSEE,or the local utility, or fiber or cable provider,the right to install any utilities,cable,and fiber on, thru, over, and under the Property necessary for LESSEE to operate its communications facility, provided the location of those utilities, cable, and fiber shall be as reasonably designated by LESSOR. 2. CONDITION OF PROPERTY. LESSOR shall deliver the Premises to LESSEE in a condition ready for LESSEE's construction of its improvements and clean and free of debris. LESSOR represents and warrants to LESSEE that as of the Effective Date of each Supplement,and continuing throughout the Term (as hereinafter defined) of each Supplement: (a) the Property is in compliance with all Laws (as defined in Paragraph 23 below), including any applicable building codes, regulations, or ordinances that may exist with regard to the Poles, or any part thereof; and (b) LESSOR will facilitate LESSEE's investigation of the Property to determine whether or not lead-based paint, asbestos,or other hazardous substances(as that term may be defined under any applicable federal, state or local law) are present on the Premises. If a breach of the representations and warranties contained in this Paragraph 2 is discovered at any time during the Term of a particular Supplement, LESSOR shall, promptly after receipt of written notice from LESSEE setting forth a description of the breach, rectify the non-compliance at LESSOR's expense. 3. TERM; RENTAL. This Agreement shall be for a term of twenty-five (25) years commencing upon the execution hereof by both Parties. Each Supplement shall be effective as of the date of execution by both Parties (the "Effective Date"), provided however, the initial term of each Supplement shall be for five (5) years and shall commence on the first day of the month following the day that LESSEE commences installation of its equipment on the Premises (the "Commencement Date"), at which time rental payments shall commence and be due at a total annual rental which shall be assessed pursuant to pole attachment rates established by the FCC and reflected in the corresponding Supplement,to be paid in advance annually on the Commencement Date and on each anniversary of the Commencement Date, in advance,to the payee designated by LESSOR in the Supplement,or to such other person,firm or place as LESSOR may,from time to time,designate in writing at least thirty(30)days in advance of any rental payment date by notice given in accordance with Paragraph 17 below. LESSOR and LESSEE acknowledge and agree that the initial rental payment for each Supplement may not actually be sent by LESSEE until thirty (30) days after the Commencement Date. LESSOR and LESSEE agree that they shall acknowledge in writing the Commencement Date of each Supplement. 2 Page 74 of 142 Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and in that event, LESSOR agrees to provide to LESSEE bank routing information for that purpose upon request of LESSEE. LESSOR hereby agrees to provide to LESSEE certain documentation(the"Rental Documentation") including without limitation: (i) regarding the right of LESSOR to receive rental payments and other benefits under each Supplement; (ii)a completed, most current version of Internal Revenue Service Form W-9, or equivalent, and applicable state or local withholding forms, for any party to whom rental payments are to be made pursuant to this Agreement or a Supplement; and (iii) other documentation requested by LESSEE to comply with the requirement of any applicable laws, rules, regulations, ordinances, directives, or covenants now in effect, or which may hereafter come into effect. Within fifteen (15) days of obtaining an interest in any Property,Supplement or this Agreement, any assignee(s), transferee(s) or other successor(s) in interest of LESSOR must provide to LESSEE such Rental Documentation. All documentation must be acceptable to LESSEE in LESSEE's reasonable discretion. Delivery of Rental Documentation to LESSEE shall be a prerequisite for the delivery of any rental payment by LESSEE. Notwithstanding anything to the contrary herein, or in any Supplement, LESSEE may hold all rent payments until Rental Documentation has been supplied to LESSEE as provided herein. 4. ELECTRICAL. At all times during the Term of each Supplement, LESSEE shall be permitted to connect its equipment to any existing electrical service and telephone service within the Premises. In the event LESSEE utilizes existing electrical and telephone service at the Premises,then a specified amount may be added to the annual rent due under each Supplement as additional rent as consideration for LESSEE's electrical service usage. In the event electrical and telephone service does not exist at the Premises,then LESSEE shall be permitted to obtain and install such services from the utility provider of LESSEE's choosing. LESSOR agrees to grant LESSEE and/or its provider the right to install such support services in a location as reasonably designated by LESSOR. LESSEE and/or its utility provider shall be permitted to upgrade such services, if necessary. If permitted by the local utility company servicing the.Premises, LESSEE shall furnish and install an electrical meter at the Premises for the measurement of electrical power used by LESSEE's installation, and shall pay the utility company directly for its electrical service usage. LESSEE shall be permitted at any time during the Term (as defined herein)of each Supplement,to install, maintain, and/or provide access to and use of, as necessary(during any power interruption at the Premises), a temporary power source and a temporary installation of any other services and equipment required to keep LESSEE's communications facility operational, along with all related equipment and appurtenances within the Premises, or elsewhere on the Property in such locations as reasonably approved by LESSOR. LESSEE shall have the right to install conduits connecting the temporary power source, and the temporary installation of any other services and equipment required to keep LESSEE's communications facility operational, and related appurtenances to the Premises. 5. EXTENSIONS. Each Supplement shall automatically be extended for four (4) additional five(5)yearterms unless LESSEE terminates it at the end of the then currentterm bygiving LESSOR written notice of the intent to terminate at least three (3) months prior to the end of the then current term. The initial term and all extensions under a Supplement shall be collectively referred to herein as the "Term". Notwithstanding anything herein, after the expiration of this Agreement, its terms and conditions shall 3 Page 75 of 142 survive and govern with respect to any remaining Supplements in effect until their expiration or termination. 6. USE; GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the purpose of constructing, maintaining, repairing and operating a communications facility and uses incidental thereto. LESSEE shall have the right, without any increase in rent, to replace, repair, add or otherwise modify its utilities, fiber or cable, equipment, antennas and/or conduits or any portion thereof, and the frequencies over which the equipment operates ("Modifications", whether the equipment, antennas, conduits or frequencies are specified or not on any exhibit attached to a Supplement,during the Term,so long as such Modifications do not substantially or materially alter LESSEE's equipment. Any substantial or material modifications to the equipment will require LESSOR's prior written approval, which shall not be unreasonably withheld, conditioned or delayed. It is understood and agreed that LESSEE's ability to use the Premises is contingent upon LESSEE obtaining after the execution date of each Supplement all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or Local authorities, as well as a satisfactory Pole structural analysis that will permit LESSEE use of the Premises as set forth above. LESSOR shall cooperate with LESSEE in its effort to obtain the Governmental Approvals, and shall take no action which would adversely affect the status of the Property with respect to the proposed use thereof by LESSEE. LESSEE shall have the right to terminate the applicable Supplement if: (i) any of the applications for Governmental Approvals is finally rejected; (ii) any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (iii) LESSEE determines that the Governmental Approvals may not be obtained in a timely manner; (iv) LESSEE determines that the Premises is no longer technically compatible for its use; or (v) LESSEE, in its sole discretion, determines that the use of the Premises is obsolete or unnecessary. Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR in accordance with the notice provisions set forth in Paragraph 17 and shall be effective upon the mailing of that notice by LESSEE, or upon such later date as designated by LESSEE, All rentals paid to the termination date shall be retained by LESSOR. Upon such termination, the applicable Supplement shall be of no further force or effect except to the extent of the representations, warranties, and indemnities made by each Party to the other thereunder. Otherwise,the LESSEE shall have no further obligations for the payment of rent to LESSOR for the terminated Supplement. 7. INDEMNIFICATION. Subject to Paragraph 8 below, to the extent allowed by law, each Party shall defend, indemnify and hold the other harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of the indemnifying Party, its employees, contractors or agents, except to the extent such claims or damages may be due to, or caused by, the negligence or willful misconduct of the other Party, or its employees, contractors or agents. For purposes of this Paragraph, neither LESSEE nor any other third party to whom LESSOR has granted a right or permit to locate cable,telecommunications or other similar facilities upon the Property for use by persons other than LESSOR shall be deemed a contractor or agent of LESSOR. The indemnified Party will provide the indemnifying Party with prompt, written notice of any written claim covered by this indemnification; provided that any failure of the indemnified Party to provide any such notice, or to provide it promptly, shall not relieve the indemnifying Party from its indemnification obligations in respect of such claim, except to the extent the indemnifying Party can establish actual prejudice and direct damages as a result thereof. The indemnified Party will cooperate appropriately with the indemnifying Party in connection with the indemnifying Party's defense of such claim. The indemnifying Party shall defend any indemnified Party, at the indemnified Party's request, against any claim with counsel reasonably satisfactory to the indemnified Party. The indemnifying Party 4 Page 76 of 142 shall not settle or compromise any such claim or consent to the entry of any judgment without the prior written consent of each indemnified Party and without an unconditional release of all claims by each claimant or plaintiff in favor of each indemnified Party. 8. INSURANCE. a. To the extent allowed by law, the Parties hereby waive and release any and all rights of action for negligence against the other which may hereafter arise on account of damage to the Premises or to the Property, resulting from any fire,or other casualty of the kind covered by standard fire insurance policies with extended coverage, regardless of whether or not, or in what amounts such insurance is now or hereafter carried by the Parties, or either of them. These waivers and releases shall apply between the Parties and they shall also apply to any claims under or through either Party as a result of any asserted right of subrogation. All such policies of insurance obtained by either Party concerning the Premises or the Property shall waive the insurer's right of subrogation against the other Party. b. LESSOR and LESSEE each agree that at its own cost and expense, each will maintain commercial general liability insurance with limits not less than$2,000,000.00 per occurrence for bodily injury(including death)and for damage or destruction to property. LESSOR and LESSEE each agree that it will include the other Party as an additional insured. 9. LIMITATION OF LIABILITY. Except for indemnification pursuant to Paragraphs 7 and 21, a violation of Paragraph 26,or a violation of applicable law, neither Party shall be liable to the other, or any of their respective agents, representatives, employees, for any lost revenue, lost profits, loss of technology,rights or services,incidental, punitive,indirect,special or consequential damages,loss of data, or interruption or loss of use of service,even if advised of the possibility of such damages,whether under theory of contract, tort(including negligence), strict liability or otherwise. 10. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods, LESSEE shall have the right to terminate each Supplement upon the annual anniversary of the Commencement Date provided that three (3) months prior notice is given to LESSOR. 11. INTERFERENCE. LESSEE agrees to install Equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to any equipment of LESSOR or other tenants of the Property which existed on the Property prior to the date the applicable Supplement is executed by the Parties. In the event any after-installed LESSEE's equipment causes such interference, and after LESSOR has notified LESSEE of such interference by a written communication and a call to LESSEE's Network Operations Center [at (800) 224-6620/(800) 621- 2622), LESSEE will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at LESSEE's option, powering down such interfering equipment and later powering up such interfering equipment for intermittent testing. If the interference continues for a period in excess of 48 hours following such notification, LESSOR shall have the right to require LESSEE to reduce power, and/or cease operations until such time LESSEE can effect repairs to the interfering equipment. In no event will LESSOR be entitled to terminate a Supplement or relocate the Equipment as long as LESSEE is making a good faith and diligent effort to remedy the interference issue. LESSOR agrees that LESSOR and/or any other users of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry 5 Page 77 of 142 standards to the then existing equipment of LESSEE. If LESSEE determines, in its reasonable discretion, that LESSOR'S equipment or any other user's equipment permitted by LESSOR is causing interference, LESSOR shall, upon written communication and a call from LESSEE to LESSOR's emergency number(319) 291-4267,take all steps necessary to correct and eliminate the interference, including causing other users causing such interference to correct and eliminate the interference. if the interference continues for a period in excess of 48 hours following the notification, LESSOR shall, or shall require any other user to, reduce power and/or cease operations until such time as LESSOR, or the other user, can effect repairs to the interfering equipment. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies, such as,without limitation, injunctive relief and specific performance. 12. REMOVAL AT END OF TERM. LESSEE shall, within ninety(90) days after expiration of the Term, or any earlier termination of a Supplement, remove its equipment, conduits, fixtures and all personal property and restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted. LESSOR agrees and acknowledges that all of the equipment,conduits,fixtures and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same at any time during the Term, whether or not said items are considered fixtures and attachments to real property under applicable laws. If the time for removal causes LESSEE to remain on the Premises after termination of the Supplement, LESSEE shall pay rent at the then-existing monthly rate, or on the existing monthly pro-rata basis if based upon a longer payment term, until such time as the removal of the antenna structure, fixtures and all personal property are completed. 13. INTENTIONALLY OMITTED. 14, RIGHTS UPON SALE. If, at any time during the Term of any Supplement, LESSOR decides; (i)to sell or transfer all or any part of the Property or the Poles thereon to a purchaser other than LESSEE, or (ii) to grant to a third party by easement or other legal instrument an interest in that portion of the Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof, then any such purchaser or transferee must recognize LESSEE's rights hereunder and under the terms of the affected Supplement(s). 15. QUIET ENJOYMENT AND REPRESENTATIONS. LESSOR covenants that LESSEE, on paying the rent and performing the covenants herein and in a Supplement,shall peaceably and quietly have,hold and enjoy the Premises. LESSOR represents and warrants to LESSEE as of the execution date of each Supplement,and covenants during the Term,that LESSOR is seized of good and sufficient title and interest to the Property, and has full authority to enter into and execute the Supplement. LESSOR further covenants during the Term that there are no liens,judgments or impediments of title on the Property, or affecting LESSOR's title to the same and that there are no covenants, easements or restrictions that prevent or adversely affect the use or occupancy of the Premises by LESSEE as provided in this Agreement and in the applicable Supplement(s). 16. ASSIGNMENT. This Agreement and each Supplement under it may be sold, assigned or transferred by the LESSEE without any approval or consent of the LESSOR to the LESSEE's principal,affiliates, subsidiaries of its principal, or to any entity which acquires all or substantially all of LESSEE's assets in the market defined by the FCC in which the Property is located by reason of a merger, acquisition or other business reorganization ("LESSEE Affiliate"). As to other parties,this Agreement and each Supplement may not be sold, assigned or transferred without the written consent of the LESSOR, which consent will not be b Page 78 of 142 unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of LESSEE or transfer upon partnership or corporate dissolution of LESSEE shall constitute an assignment hereunder. 17. NOTICES. All notices hereunder must be in writing and are validly given if sent by certified mail, return receipt requested or by commercial courier,provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender,addressed as follows(or to any other address that the Party to be notified may have designated to the sender by like notice): LESSOR: City of Waterloo, Iowa Attn: City Engineer 715 Mulberry Street Waterloo, IA 50703 LESSEE: Southwestco Wireless, Inc. d/b/a Verizon Wireless Attention: Network Real Estate 180 Washington Valley Road Bedminster, New Jersey 07921 Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 18. RECORDING. LESSOR agrees to execute a Memorandum of each Supplement which LESSEE may record with the appropriate recording officer. The date set forth in the Memorandum of Lease is for recording purposes only and bears no reference to commencement of either the Term or rental payments. 19. DEFAULT. If there is a breach by a Party with respect to any of the provisions of this Agreement, or under the provisions of an individual Supplement, the non-breaching Party shall give the breaching Party written notice of that breach. After receipt of the written notice, the breaching Party shall have thirty (30) days in which to cure the breach, provided the breaching Party shall have such extended period as may be required beyond the thirty (30) days if the breaching Party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion, but in no event more than ninety(90)calendar days after receipt of written notice. The non- breaching Party may not maintain any action or effect any remedies for default against the breaching Party unless and until the breaching Party has failed to cure the breach within the time periods provided in this Paragraph. Notwithstanding the foregoing to the contrary, it shall be a default under this Agreement,or under an Individual Supplement, if LESSOR fails,within five (5)days after receipt of written notice of such breach, to perform an obligation required to be performed by LESSOR, and if the failure to perform that obligation interferes with LESSEE's ability to conduct its business in the Premises; provided, however, that if the nature of LESSOR's obligation is such that more than five (5) days after notice is reasonably required for its performance, then it shall not be a default under this Agreement or the applicable Supplement if performance is commenced within such five (5) day period and thereafter diligently pursued to completion, but in no event more than fifteen (15) calendar days after receipt of 7 Page 79 of 142 written notice. LESSOR and LESSEE agree that a default under an individual Supplement does not constitute a default under this Agreement 20. REMEDIES. In the event of a default by either Party with respect to a material provision of this Agreement,without limiting the non-defaulting Party in the exercise of any right or remedy which the non-defaulting Party may have by reason of that default, the non-defaulting Party may terminate the applicable Supplement and/or pursue any remedy now or hereafter available to the non-defaulting Party under the Laws or judicial decisions of the state in which the Premises are located. Further, upon a default, the non-defaulting Party may at its option (but without obligation to do so), perform the defaulting Party's duty or obligation on the defaulting Party's behalf, including but not limited to the obtaining of reasonably required insurance policies. The costs and expenses of any such performance by the non-defaulting Party shall be due and payable by the defaulting Party upon invoice therefor. If LESSEE undertakes any such performance on LESSOR's behalf and LESSOR does not pay LESSEE the full undisputed amount within thirty(30)days of its receipt of an invoice setting forth the amount due, LESSEE may offset the full undisputed amount due against all fees due and awing to LESSOR under the applicable Supplement until the full undisputed amount is fully reimbursed to LESSEE. 21. ENVIRONMENTAL. LESSEE shall conduct its business in compliance with all applicable laws governing the protection of the environment or employee health and safety ("EH&S Laws"). LESSEE shall indemnify and hold harmless LESSOR from claims to the extent resulting from LESSEE's violation of any applicable EH&S Laws or to the extent that LESSEE causes a release of any regulated substance to the environment. To the extent permitted by applicable law, LESSOR shall indemnify and hold harmless LESSEE from all claims resulting from the violation of any applicable EH&S Laws ora release of any regulated substance to the environment except to the extent resulting from the activities of LESSEE or its agents. The Parties recognize that LESSEE is only licensing a small portion of LESSOR's property and that LESSEE shall not be responsible for any environmental condition or issue except to the extent resulting from specific activities and responsibilities of LESSEE or its agents. In the event that LESSEE encounters any hazardous substances that do not result from its activities, LESSEE may relocate its facilities to avoid such hazardous substances to a mutually agreeable location or, if LESSEE desires to remove at its own cost all or some the hazardous substances or materials(such as soil)containing those hazardous substances, LESSOR agrees to sign any necessary waste manifest associated with the removal,transportation and/or disposal of such substances. 22. CASUALTY. 1n the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired within forty-five (45) days following same or, if the Property is damaged by fire or ether casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five(45)days,then LESSEE may,at any time following such fire or other casualty, provided LESSOR has not completed the restoration required to permit LESSEE to resume its operation at the Premises, terminate the Supplement upon fifteen (15) days prior written notice to LESSOR. Any such notice of termination shall cause the Supplement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of the Supplement and the Parties shall make an appropriate adjustment, as of such termination date,with respect to payments due to the other under the Supplement. Notwithstanding the foregoing, 8 Page 80 of 142 the rent shall abate during the period of repair following such fire or other casualty in proportion to the degree to which LESSEE's use of the Premises is impaired. 23. APPLICABLE LAWS. During the Term, LESSOR shall maintain the Property and the Poles in compliance with all applicable laws, rules, regulations, ordinances, directives, covenants, easements, zoning and land use regulations, and restrictions of record, permits, building codes, and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may hereafter come into effect (including, without limitation, laws regulating hazardous substances) (collectively "Laws"). LESSEE shall, in respect to the condition of the Premises and at LESSEE's sole cost and expense, comply with: (a) all Laws relating solely to LESSEE's specific and unique nature of use of the Premises; and (b) all building codes requiring modifications to the Premises due to the improvements being made by LESSEE in the Premises. It shall be LESSOR's obligation to comply with all Laws relating to the Property and Poles in general, without regard to specific use (including, without limitation, modifications required to enable LESSEE to obtain all necessary building permits). 24. AUTHORIZED ENTITIES, This Agreement is entered into by the Parties each on its own behalf and for the benefit of: (i) any entity in which the Party directly or indirectly holds an equity or similar interest; (ii) any entity which directly or indirectly holds an equity or similar interest in the Party; or (iii) any entity directly or indirectly under common control with the Party. Each Party and each of the entities described above are referred to herein as an "Authorized Entity". No obligation is incurred or liability accepted by any Authorized Entity until that Authorized Entity enters into a site specific Supplement. Only the Party and the Authorized Entity executing a Supplement are responsible for the obligations and liabilities related thereto arising under that Supplement and this Agreement. All communications and invoices relating to a Supplement must be directed to the Authorized Entity signing the Supplement. A default by any Authorized Entity will not constitute or serve as a basis for a default by any other Authorized Entity not a party to the applicable Supplement. 25. MISCELLANEOUS. This Agreement and the Supplements that may be executed from time to time hereunder contain all agreements, promises and understandings between the LESSOR and the LESSEE regarding this transaction, and no oral agreement, promises or understandings shall be binding upon either the LESSOR or the LESSEE in any dispute, controversy or proceeding. This Agreement may not be amended or varied except in a writing signed by all Parties. This Agreement shall extend to and bind the heirs,personal representatives,successors and assigns hereto. The failure of either party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights hereunder shall not waive such rights and such party shall have the right to enforce such rights at any time. The performance of this Agreement via each Supplement shall be governed, interpreted,construed and regulated by the laws of the state in which the Premises is located without reference to its choice of law rules. 26. INTENTIONALLY OMITTED. 27. STRUCTURE RECONDITIONING, REPAIR, REPLACEMENT. a. From time to time, LESSOR paints, reconditions, or otherwise improves or repairs the Poles in a substantial way ("Reconditioning Work"). LESSOR shall reasonably cooperate with LESSEE to carry out Reconditioning Work activities in a manner that minimizes interference with LESSEE's approved use of the Premises. 9 Page 81 of 142 b. Prior to commencing Reconditioning Work, LESSOR shall provide LESSEE with not less than sixty(60)days prior written notice. Upon receiving that notice, it shall be LESSEE's sole responsibility to provide adequate measures to cover or otherwise protect LESSEE's equipment from the consequences of the Reconditioning Work, including but not limited to paint and debris fallout. LESSOR reserves the right to require LESSEE to remove all of LESSEE's equipment from the Poles and Premises during Reconditioning Work, provided the requirement to remove LESSEE's equipment is contained in the written notice required by this Section. C. During LESSOR's Reconditioning Work, LESSEE may maintain a temporary communications facility on the Property, or after approval by LESSOR, on any land owned or controlled by LESSOR in the vicinity of the Property. If the Property will not accommodate LESSEE's temporary communications facility, or if the Parties cannot agree on a temporary location, the LESSEE, at its sole option, shall have the right to terminate the applicable Supplement upon thirty (30) days written notice to LESSOR. d. LESSEE may request a modification of LESSOR's procedures for carrying out Reconditioning Work in order to reduce the interference with LESSEE's use of the Premises. If LESSOR agrees to the modification, LESSEE shall be responsible for all reasonable incremental cost related to the modification. e. If the Poles need to be replaced ("Replacement Work"), LESSOR shall provide LESSEE with at least sixty(60)days'written notice to remove its equipment. LESSOR shall also promptly notify LESSEE when the Poles have been replaced and LESSEE may re-install its equipment. During LESSOR's Replacement Work, LESSEE may maintain a temporary communications facility on the Property, or after approval by LESSOR, on any land owned or controlled by LESSOR in the vicinity of the Property. If the Property will not accommodate LESSEE's temporary communications facility or if the Parties cannot agree on a temporary location, the LESSEE, at its sole option, shall have the right to terminate the applicable Supplement upon thirty(30) days written notice to LESSOR. f. If the Poles need to be repaired due to storm or other damage ("Repair Work"), LESSOR shall notify LESSEE to remove its equipment as soon as possible. In the event of an emergency, LESSOR shall contact LESSEE by telephone at LESSEE's Network Operations Center [at (800) 224-6620/(800) 621- 2622] prior to removing LESSEE's Equipment. Once the Poles have been replaced or repaired, LESSOR will promptly notify LESSEE it can reinstall its equipment. During LESSOR's Repair Work, LESSEE may maintain a temporary communications facility on the Property, or after approval by LESSOR, on any land owned or controlled by LESSOR in the vicinity of the Property. If the Property will not accommodate LESSEE's temporary communications facility,or if the Parties cannot agree on a temporary location,or if the Pole(s) cannot be repaired or replaced within thirty (30) days, LESSEE, at its sole discretion, shall have the right to terminate the applicable Supplement upon thirty (30) days written notice to LESSOR. However, at LESSEE's sole option,within thirty(30)days after the casualty damage, LESSOR must provide LESSEE with a replacement Supplement to lease space at a new location upon which the Parties mutually agree. The monthly rental payable under the new replacement Supplement will not be greater than the monthly rental payable under the terminated Supplement. The new replacement Supplement shall have an initial term of five (5)years, and shall have extension terms as provided in Paragraph 5 of this Agreement. [Balance of page intentionally left blank] 10 Page 82 of 142 IN WITNESS WHEREOF,the Parties have executed this Master Lease Agreement effective the day and year first above written. LESSOR: City of Waterloo, Iowa By: WITNESS Name: C Its: Date: LESSEE: Southwestco Wireless, Inc. cl/b�/aerizVon Wireless Name: James R. Martin WITNESS Its: Director-Network Field Engineering Date: 11 Page 83 of 142 EXHIBIT A LEASE SUPPLEMENT This Lease Supplement ("Supplement"), is made this day of 20_ between whose principal place of business is <Address>, City, State, ("Lessor"), and d/b/a Verizon Wireless, whose principal place of business is One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 ("Lessee"). 1. Master Lease Agreement. This Supplement is a Supplement as referenced in that certain Master Lease Agreement between and , dated , 201 , (the "Agreement"). All of the terms and conditions of the Agreement are incorporated herein by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Supplement, the terms of this Supplement shall govern. Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein. 2. Premises. Lessor hereby leases to Lessee certain spaces on and within Lessor's Property located at<INSERTSITE ADDRESS>, including, without limitation, approximately ( )square feet of Equipment Space, and Antenna Space on the Poles. The Equipment Space, Antenna Space and Cabling Space are as shown on Exhibit 1, attached hereto and made a part hereof. 3. Term. The Commencement Date and the Term of this Supplement shall be as set forth in the Agreement[add if applicable: provided, however,that the Term of this Supplement shall be subject to the term of the Ground Lease[or Easement] (as hereinafter defined).]. 4. Consideration. Rent under this Supplement shall be per year, payable to at . In consideration for electrical service, shall be added to the annual rent due under this Supplement as additional rent.] 5. Easement. The parties acknowledge that Lessor's rights in the Site derive from a certain agreement dated between Lessor and ("Land Owner"), hereinafter referred to as "Easement", and attached to this Supplement as Exhibit 2, This Supplement shall not be effective until Lessee has approved the Easement,and Lessee shall be under no obligation to proceed under this Supplement unless and until the form of the Easement is acceptable to Lessee. By its signature below, Lessee has reviewed and approved of the Easement. [6. [if applicable]Consent. The consent of the Land Owner to this Supplement[check as applicable]: _is NOTrequired; is required and the executed Land Owner's Consent is attached to this Supplement as Exhibit 3.] 7. Site Specific Terms. (Include any site-specific terms) 12 Page 84 of 142 IN WITNESS WHEREOF, the Lessor and the Lessee have executed this Supplement effective the day and year first above written. LESSOR: <ENTITY NAME> By: WITNESS Name: Title: Date: WITNESS LESSEE <VERIZON WIRELESS ENTITY> By: WITNESS Name: Title: Date: WITNESS I3 Page 85 of 142 EXHIBIT 1 Site Plan of Premises 14 Page 86 of 142 EXHIBIT 2 Easement [if applicable] 15 Page 87 of 142 EXHIBIT 3 Landowner's Consent [if applicable] 16 Page 88 of 142 SITE NAME: WAT SUNNYSIDE SC1 SITE NUMBER:201614236421418861 ATTYIDATE:GJ LEASE SUPPLEMENT This Lease Supplement ("Supplement"), is made this day of 20_ between the City of Waterloo, Iowa, with its principal office located at 715 Mulberry Street, Waterloo, Iowa 50703 ("Lessor"), and SOuthwestCO Wireless, Inc. d/b/a Verizon Wireless, with its principal offices located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 ("Lessee"). Lessor and Lessee are at times collectively referred to hereinafter as the"Parties" or individually as the "Party." 1, Master Lease Agreement. This Supplement is a Supplement as referenced in that certain Master Lease Agreement between Lessor and Lessee dated , 2018, (the "Agreement"), All of the terms and conditions of the Agreement are incorporated herein by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Supplement, the terms of this Supplement shall govern. Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein. 2. Premises. Lessor hereby leases to Lessee certain space on and within Lessor's Property located at 4013 Shoppers Blvd, Waterloo, Iowa 50701, including, without limitation, Equipment Space, Antenna Space, and Cabling Space on Lessor's Pole. The location of the Pole, Equipment Space and Antenna Space are as shown on Exhibit 1, attached hereto and made a part hereof. 3. Term.The Commencement Date and the Term of this Supplement shall be as set forth in Section 3 of the Agreement. 4. Consideration. Rent under this Supplement shall be $30.00 per year, payable to Lessor at the address set forth in Section 17 of the Agreement. 5. Site Specific Terms. The Parties acknowledge that a new utility pole, which upon installation shall be considered a "Pole" as defined in the Agreement, must be installed in the approximate location and as generally described in Exhibit 1 in order to accommodate the Lessee equipment at the Premises. The Parties agree that Lessee shall acquire and install the new Pole at Lessee's expense. The Pole shall be of mutually agreeable style, size and quality, with Party approval to not be unreasonably withheld, conditioned or delayed. As part of Lessee's installation of the Pole, Lessee shall coordinate the addition of electrical services for use by Lessee at the Pole site. Upon completion of the installation of the Pole, Lessee shall be permitted to install its equipment upon the Pole and within the Premises at Lessee's expense. Upon installation of the Pole, Lessor shall own and maintain the Pole in accordance with applicable law and terms of the Agreement.At the request of either Party,the Parties shall execute a Bill of Sale memorializing the transfer of ownership of the Pale to Lessor in the form attached as Exhibit 2. However, Lessee shall maintain its equipment and utility connections to the site at its expense. [Signatures appear on following page] Page 89 of 142 IN WITNESS WHEREOF,the lessor and the Lessee have executed this Supplement effective the day and year first above written. f � LESSOR: City of Waterloo, Iowa By: WITNESS Name: Title: Date: WITNESS SEE: outhwestco Wireless, Inc.d/b/a Verizon Wireless By: WITNESS Name: Title: Date: WITNESS z Page 90 of 142 EXHIBIT 1 Site Plan of Premises (See attached Site Plan) 3 Page 91 of 142 5 � PUBLIC RlGHf OF WAY UNE 9 r 1d1� .Tr r � 1 I vi n. I ' s s r ' x y ,27� i a s i��r•� s 7 xy "T 'r ate"{�"��,�, �v '" �.. s °� "` lr ✓;,� cf EXISTING £XISIING TREE s 'POWER NAND HCLE/PULL BOX \ LESSOR REPLACEAIENF POLE s p \ 40 F18ER WNb HOLE/pUYI BD% - � -yr � ✓""� ��y 3 �.,� t ✓ v'{ �,. y.a"' �''r"'ri,,;fir„ n r Y a � � z�a x,y.,�i .fir i� x'�' �✓' �v' �""-�,-'�„ ,� �" ys x ,-" �"'<. .%-" r,5 is i r ,^ `a .cess' r.�',r f x. ✓r "¢ rs �. _ ��S .5 �;rr y r � f. "ra. .� �tiri �..��� �, ����� �`t�.r,wz.' ✓ � "'�, v„,'�-' x re r'"'T r r z , i�r � 3"�,r ✓ �,^:;•'",�„ r- � ,p- A� ,k, r r y r' � >z� ,�. G✓ ,ter x - v ry ,x,�� s .� -� �ari � �'� ..� r i �.,`'�' ',�, ✓ ✓ � r v",r �i r'+'�.'k'...� ��'^ f�r s-,�.rX a ✓ �1 .� s- .� :� r j 5 r '3'"x x �r � /l J y3A �✓�� 6 kyr ° r �_��i1�aL1\ �f11}� � � �? ',.,� ;y� y��yl?�f7.S x Page 92 of 142 OL TOP OF LIGHT HEIGHT 30.3' AGL OL TOP OF POLE HEIGHT 27.0' AGL ; OL APPROXIMATE ANTENNA SPACE CENTERLINE 27.0' AGL I ` LIGHT ARM LESSEE ANTENNA SPACE -------- OL APPROXIMATE EQUIPMENT SPACE CENTERLINE I I 21.7' AGL i i LESSEE EQUIPMENT SPACE i LESSEE REPLACEMENT POLE i' HANDHOLE 0 OL GROUND ELEVATION 0.0' AGL 4 WAT SUNNYSIDE SC1 Page 93 of 142 EXHIBIT z Bill of Sale (See attached Bill of Sale) I j i j M, 6 Page 94 of 142 w QUITCLAIM BILL OF SALE FOR VALUABLE CONSIDERATION, Southwestco Wireless, Inc. d/b/a Verizon Wireless, Seller, sells and conveys to the City of Waterloo, Iowa, Buyer, the following personal property: one (1) light pole and light fixtures affixed thereto (the "Personal Property) located at 4013 Shoppers Blvd, Waterloo, Iowa 50701.The Personal Property is further depicted on Exhibit A,attached hereto and made a part hereof. SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE CONDITION OF THE PERSONAL PROPERTY OR ITS MERCANTIBILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. BY ITS ACCEPTANCE OF THIS QUITCLAIM BILL OF SALE, BUYER ACKNOWLEDGES THAT IT HAS FULLY INSPECTED THE PERSONAL PROPERTY AND BUYER ACCEPTS THE SAME "WHERE IS" AND IN ITS PRESENT USED AND "AS IS" CONDITION, This Quit Claim Bill of Sale merely conveys to Buyer all right, title and interest, if any, of Seller in the Personal Property, but this shall not convey any of the communications equipment or appurtenances of Seller that are installed,attached, mounted or otherwise connected to the Personal Property. By its acceptance of this Quit Claim Bill of Sale, Buyer hereby assumes the full risk of any injuries, damages or loss related to the Personal Property except to the extent such liability is caused by Seller's gross negligence or intentional or willful acts and except for third-party injuries, damages or losses occurring prior to the execution of this Quit Claim Bill of Sale. Buyer hereby indemnifies and agrees to hold Seller harmless and forever releases, relieves, discharges and covenants not to sue Seller for any and all claims, liabilities, demands, costs and expenses (including attorney's fees), actions, proceedings, causes of action of any kind, known or unknown, claimed or concealed, based on any theory whatsoever, including claims arising out of Seller's negligence and except to the extent any claim is caused by Seller's gross negligence or intentional willful acts, which Buyer or any third party has, ever had, or ever claims to have ever had or may have against Seller, which are related to the Personal Property conveyed hereunder and except for third-party injuries, damages or losses occurring prior to the execution of this Quit Claim Bill of Sale. This Quit Claim Bill of Sale contains the entire agreement and representations of the parties related to the sale of the Personal Property, may not be altered except by a written instrument signed by both parties,and shall be construed in accordance with the laws of Iowa. Southwestco Wireless, Inc. d/b/a Verizon Wireless Date: By: Name: Its: 6 Page 95 of 142 Exhibit A Personal Property (see attached drawing) i Page 96 of 142 9 �PUeuc RIGHT OF wl1Y UNE J n _ sx� 3 r r v p f EX35T1NG - TREES \ EXISTING \ TREE ' �POWE#!HAND HOEEfNUIL BOXj y r (LESSOR REPIACEIAE'NT POiE � \�\ � / d im^' a^ �.y r, Y�'•`" r.^U„-'rod ✓-� ~E � i a ^ r r ' z ./s' s- �' 7 rm ,^zr "' r' s v ',':>«""✓ :r rJ ',- nr.�'. a � �s � '�, xr � � r-r �"'i �v�""`''; ^�,�•�' _��r / �",,�,. �.a.,�nc'r F `"r "3�" 'r .,-/� x '� �_ � t � „ysr �x� :'-'". �/Cp pip }gyp M rr, .� '. - ..:/,y � :: a.-M. r x j �^ �, r�s,,,^'?`r .✓r t r�, � r r �i a r ,'x �' � �:^, z � ,�' %,Z�3'f,„war...• -- 3 z 4 :.�.. �1111AT SUN�UYSIQ��C��I Page 97 of 142 OIL TOP OF LIGHT HEIGHT 30.3' AOL OIL TOP OF POLE HEIGHT 27.0' AGL ; OL APPROXIMATE ANTENNA SPACE CENTERLINE 27.0' AGL ` LIGHT ARM LESSEE ANTENNA SPACE F ----I OIL APPROXIMATE EQUIPMENT SPACE CENTERLINE I 21.7' AGL ` LESSEE EQUIPMENT SPACE LESSEE REPLACEMENT POLE HANDHOLE 0 OL t GROUND ELEVATION 0.0' AGL s 4 WAT SUNNYSIDE SC1 Page 98 of 142 I SITE NAME: WAT SUNNYSIDE SC8 SITE NUMBER:201614239501418906 ATTYIDATE:GJ LEASE SUPPLEMENT This Lease Supplement("Supplement"), is made this day of 20_between the City of Waterloo, Iowa, with its principal office located at 715 Mulberry Street, Waterloo, Iowa 50703 ("Lessor"),and Southwestco Wireless, Inc.d/b/a Verizon Wireless,with its principal offices located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 ("Lessee"). Lessor and Lessee are at times collectively referred to hereinafter as the "Parties"or individually as the"Party." 1. Master Lease Agreement. This Supplement is a Supplement as referenced in that certain Master Lease Agreement between Lessor and Lessee dated , 2018, (the"Agreement"), All of the terms and conditions of the Agreement are incorporated herein by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Supplement, the terms of this Supplement shall govern. Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein. 2. Premises. Lessor hereby leases to lessee certain space on and within Lessor's Property located at 201 Tower Park Dr, Waterloo, Iowa 50701, including, without limitation, Equipment Space, Antenna Space,and Cabling Space on lessor's Pole, The location of the Pole, Equipment Space and Antenna Space are as shown on Exhibit 1,attached hereto and made a part hereof. 3. Term.The Commencement Date and the Term of this Supplement shall be as set forth in Section 3 of the Agreement. 4. Consideration. Rent under this Supplement shall be $30.00 per year, payable to Lessor at the address set forth in Section 17 of the Agreement. 5. Site Specific Terms. The Parties acknowledge that a new utility pole,which upon installation shall be considered a"Pole"as defined in the Agreement, must be installed in the approximate location and as generally described in Exhibit 1 in order to accommodate the Lessee equipment at the Premises. The Parties agree that Lessee shall acquire and install the new Pole at Lessee's expense. The Pole shall be of mutually agreeable style, size and quality, with Party approval to not be unreasonably withheld, conditioned or delayed. As part of Lessee's installation of the Pole, Lessee shall coordinate the addition of electrical services for use by Lessee at the Pole site. Upon completion of the installation of the Pole, Lessee shall be permitted to install its equipment upon the Pole and within the Premises at Lessee's expense. Upon installation of the Pole, lessor shall own and maintain the Pale in accordance with applicable law and terms of the Agreement.At the request of either Party,the Parties shall execute a Sill of Sale memorializing the transfer of ownership of the Pole to Lessor in the form attached as Exhibit 2. However, Lessee shall maintain its equipment and utility connections to the site at its expense. [Signatures appear on following page] Page 99 of 142 IN WITNESS WHEREOF,the Lessor and the Lessee have executed this Supplement effective the day and year first above written. LESSOR: City of Waterloo,Iowa By: WITNESS Name: Title: Crate: WITNESS LESSEE: Southwestco Wireless,Inc,d/b/a Verizon Wireless By: WITNESS Name: Title: Date: WITNESS z i Page 100 of 142 EXHIBIT 1 Site Plan of Premises (See attached Site Plan) 3 Page 101 of 142 ? l l"ryh rC. .;✓ ,.� �r-.zT ✓ �s e c ✓ PUBEIO RM OF WAY IJNE I f r wr J x I C h :r ✓ _J A � O � EXISTING TREE a r y M 7 ZV y a > FIBER HAND NOIE/PUl1 BOR �s , s . I '�Y �„ S .,art � � � ➢_ ,�, Y .Y- POWER HNJD LESSOR RFPIACEAIENT POLEp sy ���/�y X11 pay � � -. 2 �✓ K' . i INFO/iU L Box sr "` r� ..✓ �„ ''� '� a rrr a�T-� � w�i^�fv.� A�M r-�' r�' ' r a � �. s n z ` 4 r '�,�"''�, � �;�,� i: ,..^��. :r �''➢rz r.,r�s� s.., F r f � �.,,,/�, Y � ..,^ ��' ,, � r r._ ^� x w r sy !:�- 'x '� y* ��s t ',a ✓,Y v :: r's' �l-,r'., y %�Vc., "� �ppo'11kGpti���#Vytaa Pppuf�tK 34 - ` l '�✓ ..,jam ',�:� s�7 J .d y* -EXISTINGar �� W r`y air ar } i✓ ', t r'�.r a ^^srf ;�. Zvi✓ ' ''v "' r✓` - .:� �"--w,,� t �.s� �z. ",� IAWdHOLE Emg'i qx,.��1� r '� .✓' -,� >r �'r- ✓ �j ac 3""��.,�'��^���fir,>?a .;s...,rC .a'k �N"� «3 �—' � ,y /- 3 '.�, S 3 �' r, . k s.��� �T>'._ �y„.no "' _^-a y ��s f r ",�,��.�-'s�N? 's— �.^�,. � ,r�, "�;' ;;?.r^r'� .�3,.Y r'� s r' � c r � �' a '� ➢ WAT„:SUNNYS�QE SC8 Page 102 of 142 TOP OF POLE HEIGHT 35.2' AGL LIGHT ARM TOP OF LIGHT HEIGHT 35.1' AGL APPROXIMATE ANTENNA SPACE CENTERLINE I I 27.0' AGL LESSEE ANTENNA SPACE-----�"�� I� APPROXIMATE EQUIPMENT SPACE CENTERLINE I 21.7' AGL I I LESSEE EQUIPMENT SPACE LESSEE REPLACEMENT POLE HANDHOLE OL GROUND ELEVATION 0.0' AGL WAT SUNNYSIDE SC8 Page 103 of 142 EXHIBIT 2 Bill of Sale (See attached Bill of Sale) s Page 104 of 142 QUITCLAIM BILL OF SALE FOR VALUABLE CONSIDERATION, Southwestco Wireless, Inc. d/b/a Verizon Wireless, Seller, sells and conveys to the City of Waterloo, Iowa, Buyer,the following personal property: one (1)light pole and light fixtures affixed thereto(the"Personal Property)located at 201 Tower Park Dr,Waterloo,Iowa 50701.The Personal Property is further depicted on Exhibit A, attached hereto and made a part hereof. SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE CONDITION OF THE PERSONAL PROPERTY OR ITS MERCANTIBILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. BY ITS ACCEPTANCE OF THIS QUITCLAIM BILL OF SALE, BUYER ACKNOWLEDGES THAT IT HAS FULLY INSPECTED THE PERSONAL PROPERTY AND BUYER ACCEPTS THE SAME "WHERE IS" AND IN ITS PRESENT USED AND "AS IS" CONDITION. This Quit Claim Bill of Sale merely conveys to Buyer all right, title and interest, if any, of Seller in the Personal Property, but this shall not convey any of the communications equipment or appurtenances of Seller that are installed,attached, mounted or otherwise connected to the Personal Property. By its acceptance of this Quit Claim Bill of Sale, Buyer hereby assumes the full risk of any injuries,damages or loss related to the Personal Property except to the extent such liability is caused by Seller's gross negligence or intentional or willful acts and except for third-party injuries, damages or losses occurring prior to the execution of this Quit Claim Bill of Sale. Buyer hereby indemnifies and agrees to hold Seller harmless and forever releases, relieves,discharges and covenants not to sue Seller for any and all claims, liabilities,demands,costs and expenses(including attorney's fees),actions,proceedings,causes of action of any kind, known or unknown,claimed or concealed, based on any theory whatsoever, including claims arising out of Seller's negligence and except to the extent any claim is caused by Seller's gross negligence or intentional willful acts,which Buyer or any third party has,ever had,or ever claims to have ever had or may have against Seller, which are related to the Personal Property conveyed hereunder and except for third-party injuries,damages or losses occurring prior to the execution of this Quit Claim Bill of Sale. This Quit Claim Bill of Sale contains the entire agreement and representations of the parties related to the sale of the Personal Property, may not be altered except by a written instrument signed by both parties, and shall be construed in accordance with the laws of Iowa. Southwestco Wireless, Inc. d/b/a Verizon Wireless Date: By: Name: Its: Page 105 of 142 Exhibit A Personal Property (see attached drawing) i Page 106 of 142 r f. +✓ - lfv. tel.�fN x ....... ... PUBLIC RICHT OF WAY UNE 1 i r r 1 4r / I y s r / 1 t d r F EXISTING TREE r r r q � r � ' K � r 2 FIBER HAND HOLE/PVU BOX l Y ✓ POWER HANG ��� �LESSOR REPLACELiEHi POLE HOLE/PULL BOX yr r"5 G r '4 Y✓ Y,� 7'f- ,I' ykT l' N x—�%r� vi r -, a � , ✓ / ✓ r a,y� / T.xfFy��l �f Y 3t.rs s,.„.,�'�� �� *ti a� �, . � s�✓r ti / � ��st,�✓X,Y.r y� ,��r�,r'". .��,xr•E��� Q�� '�� „� � � � r m r ✓ �'x�/ *. y � rf x� �� � � �`� �r /,a�v ��`w^-r,� ,s -*^�,ice � ,��,y"-^+: ,.F >r��* ,` 'M �-7 > �6r y � EXISTING ,. r' .a :, "� -- � "' .4 ;;✓ � s '-s��=, r�31�WJVHOLE�' '� ^' .,�. �✓ r � Mg M. Okl � f � f r Y q H.. Page 107 of 142 TOP OF POLE HEIGHT 35.2' AGL LIGHT ARM TOP OF LIGHT HEIGHT 35.1' AGL APPROXIMATE ANTENNA SPACE CENTERLINE I 27.0' AGL LESSEE ANTENNA SPACE ------- APPROXIMATE EQUIPMENT SPACE CENTERLINE I I 21.7' AGL LESSEE EQUIPMENT SPACE LESSEE REPLACEMENT POLE HANDHQLE OL GROUND ELEVATION 0.0' AGL WAT SUNNYSIDE SC8 Page 108 of 142 CITY OF WATERLOO Council Communication Resolution approving contract with the Cedar Valley Jaycees for the 85th Annual Greater Cedar Valley Jaycees Waterloo Open Golf Classic, with a rental payment to the City in the amount of$3,000.00, and authorize Mayor and City Clerk to execute said documents. City Council Meeting: 6/18/2018 Prepared: 6/13/2018 REVIEWERS: Department Reviewer Action Date p a usure Sn;rOces p pno9.pnmp, Paul Approved 13/2 018 ... 9-47 AM (.`clerk Office ppp;i)y, 114ummmcy Approved 6/13/2018 ... 4-56 Aye ATTACHMENTS: Description Type Waterloo Opp eii (oU'Commtru:ct Me nio Resolution approving contract with the Cedar Valley Jaycees for the 85th SUBJECT: Annual Greater Cedar Valley Jaycees Waterloo Open Golf Classic; with a rental payment to the City in the amount of$3.000.00; and authorize Mayor and City Clerk to execute said documents. Submitted by: Submitted By: JB Bolger. Golf& Downtown Area Maintenance Manager Request Council approve contract with the Cedar Valley Jaycees including Recommended Action: full and partial day golf course rental from July 18, 2018 to July 22, 2018 with rental payment to the City in the amount of$3,000.00. Summary Statement: The Waterloo Open is the largest professional golf tournament in the state of Iowa. This is the 85th annual tournament. Expenditure Required: N/A Source of Funds: N/A Policy Issue: N/A Alternative: N/A Details of the contract including rental payment has remained the same for a Background Information: number of years. The Greater Cedar Valley Jaycees are excellent partners to work with and support a number of charitable causes in the Cedar Valley including youth golf initiatives. Page 109 of 142 LEISURE SERVICES CONTRACTED GOLF COURSE RENTAL CONTRACT This Agreement is made and entered into this day of 2018, by and between the City of Waterloo,by and through the Waterloo Leisure Services Commission (hereinafter"Lessor"), and Cedar Valley Jaycees (hereinafter"Lessee") for and in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledge. The terms of this Agreement are as follows: 1. TERMS AND PREMISES. Lessor agrees to permit Lessee to use Iry Warren, Gates Park& South Hills beginning on the l 8t" day of July, 2018, and ending on the 22nd day of July, 2018. 2. RATES AND OTHER NEEDS. The Lessee agrees to pay Lessor and facilities within ten (10) working days of being billed according to the following rates: RENTING OF THE GOLF COURSE: $3,000.00 for the following times: South Hills July 18, 6:00pm— 8:30pm (Driving Range, Putting Green Only- Youth Clinic) Iry Warren July 19, All Day Gates/South Hills July 20, 7:00 AM—2:00 PM Iry Warren July 20, All Day Gates/South Hills July 21, 7:00 AM—2:00 PM Iry Warren July 2l, All Day Iry Warren July 22, All Day Contact Person: Nick Maas- Chairman Phone Number: 319-464-6692 3. MOTORIZED GOLF CARTS The lessee shall have the right to restrict the use of motorized golf carts on the golf courses during the hours of the tournament. 4. SCHEDULING A. It is further agreed that any dates, times, and rates, in addition to the above, must be negotiated with Lessor and reduced to writing prior to its effectiveness B. If for any reason Lessor deems it necessary to close any or all of the City Courses, either temporarily or permanently, Lessor will not assume nor be responsible for any Page 110 of 142 loss, financial or otherwise, incurred by any organization including Lessee, utilizing City Courses on a regular, contractual, or other basis resulting from said closure of the facility. This disclaimer shall further notify all Lessees, users, and/or parties' agreement that Lessor shall not be liable for any consequential damages resulting from the closure of City Courses for any reason. 5. INSURANCE AND BONDS A. The Cedar Valley Jaycees, at their own expense,procure and maintain casualty and liability insurance with a responsible company/companies who is/are authorized to do business in the State of Iowa in the amounts not less than One Million Dollars ($1,000,000.00). At the beginning of the Waterloo Open, the Cedar Valley Jaycees shall provide the Leisure Services Director and City's Insurance Coordinator with proof of such insurance coverage. B. The Leisure Services Commission and City shall be listed as additional named insureds on the insurance policies the Jaycees is required to maintain. Furthermore, Cedar Valley Jaycees agrees to indemnify and hold harmless the Leisure Services Commission and City from any and all bodily injury to or death of any person or persons, or any damage to any property occasioned by any act, omission, neglect, or wrong-doing of Cedar Valley Jaycees under this Agreement. Cedar Valley Jaycees further agrees to defend and protect the Leisure Services Commission and City against any and all claims and demands occasioned by this Agreement. The foregoing insurance policies shall not be canceled or otherwise altered in any way without at least thirty(30) days written notice, which is either hand delivered or mailed to the Leisure Services Director by registered mail,return receipt requested. IN WITNESS WHEREOF, we have hereunto set our hands this, day of , LESSEE By: By: STATE OF IOWA ) ss. BLACK HAWK COUNTY ) On this day of 2018, before me, the undersigned, a Notary Public in and for the State of Iowa,personally appeared to me known to be the identical persons named in and who executed the Page 111 of 142 foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for the State of Iowa CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor ATTEST: Kelley Felchle, City Clerk STATE OF IOWA ) ss. BLACK HAWK COUNTY ) On this day of , 2018 , before me, the undersigned, a Notary Public in and for the State of Iowa,personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk,respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council and that Quentin M. Hart and Kelley Felchle acknowledged the execution of the instrument to be their voluntary act deed and the voluntary act and deed of the corporation, by it voluntary executed. Notary Public in and for the State of Iowa Page 112 of 142 CITY OF WATERLOO Council Communication Resolution approving a 2.75 percent salary increase for non-bargaining employees effective July 1, 2018. City Council Meeting: 6/18/2018 Prepared: 5/31/2018 REVIEWERS: Department Reviewer Action Date flutnan Resmirces flig,)y, Nancy Approved 5/31/2018 11-01 AM ATTACHMENTS: Description Type Non 13argt6iingwage increase leti.er to Mayor and ("Uy D Counc�] CmTer Merlao Non Bargp�rrinj; Proposed W'age Increase. effective for D Rfly 2018 Backup Materkill SUBJECT: Resolution approving a 2.75 percent salary increase for non-bargaining employees effective July 1, 2018. Submitted by: Submitted By: Lance Dunn, Human Resources Director Page 113 of 142 1 CNTY OF WATERLOO , I HUMAN RIESOURCES DEP I' Tl5 Mulberry St. Waterloo, IA 50703 Phone(319)291-4303 Fax(319)291-4569 6• May 30, 2018 HART Mayor and City Council COUNCIL I am writing in reference to the item on the City Council agenda that recommends a 2.75%across MLMBLI'IRS the board increase for all non-bargaining employees. This same increase will be granted to ...."'.......'.... bargaining unit employees under the various collective bargaining agreements. I have attached a 1 chart that shows the proposed hourly rate and annual salary for each non-bargaining employee. MARC ARL"T KLEIN A salary survey review was conducted a few years ago and it was determined that the City of ITi W O O O O N O O O O O O O O O O O O O O O O O O O O O O O O O O O O IZT 00 lD IZT O M � lc:T lc:T w N w w lD IZT O N O w w lD NI;T N N lD lD w lD N w N lD N lD 4 -1 N .4 N O N lD O r1 -4 -4 M lD lD of 00 .4 .4 -1 01 lD 01 41 a) M 00 M Il N r-I M Il Ln 00 lD ;1- 00 T-1 al ;I- N lD Ln "It N M N I� Il N N N I� 00 M M N 01 00 I� LD Ill r-I al k.0 Ill lD Ql Ql 111 � Ql r-I Ill 00 lD � Ill N Ill M M 111 O Ill M 00 Q) of Ill M c-I � � O � � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1� Ln Ln 00 r1 Ln 1� O 00 n r1 1� 00 Ol 00 r1 lD 1� n o1 O lD O O Ln O 00 qzl- r-I 00 00 M M O 1l Itt Ln O 111 00 l0 00 Itt Itt Ln M M M M Ln Ln 00 Itt M of r1 Ln lD lD N -1 -4 -4 -1 t/). t/). t/). t/). i/). t/). t/). t!)• t!)• t!)• t!)• •l/1• •l/)• i/). i/). i/). i/). i/). i/). t!)• -In -In t/)• •l/)• •l/)- t/). t/). t/). t/). t/). t/). t/). -In -In 1, ci N M O rI o0 M M rI t -i to 1, M O m m rI rI 1, of w m m N N lD N of rI of 1, t 111 w 111 111 00 M o0 Ill M O lD o0 Ill lD M 1l 1�1- 00 00 00 1l Izi- Ln It Izi- -1 R:t M 't 111 M 00 lD a0 N O lD MItt lD 1- 00 M M Ql N N M MR:t n N n M -tt n r-I � I�t r-I a) 00 Ln M 1� N O of N Ln M N N Ln N Cn N N N N zt N N N r1 N r1 N r1 r1 N N N �t r1 r1 R:t Ln N M M Ln t/)• t/)• t/} i/} i/} t/} t/} t/). t/1. ,Ln v)- •l/)• •l/)• t/)• t/). 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City Council Meeting: 6/18/2018 Prepared: 6/13/2018 REVIEWERS: Department Reviewer Action Date Clerk Off 1 ell lle, Kelley Approved 6/21/2017 4.20 PM SUBJECT: Resolution approving renewal of property insurance with Chubb Insurance for a total premium of$286.663. Submitted by: Submitted By: Kelley Felchle, City Clerk Recommended Action: Approval. Page 120 of 142 CITY OF WATERLOO Council Communication Resolution approving renewal of general, cyber, auto liability, law enforcement, public officials, employment practices, and errors and omissions coverage with Travelers Insurance for a total premium of$824,591. City Council Meeting: 6/18/2018 Prepared: 6/21/2017 REVIEWERS: Department Reviewer Action Date t'11erk Office i dchlle, Kefley Approved 6/21/2017 4o tl 6 PM Resolution approving renewal of general, cyber, auto liability, law SUBJECT: enforcement, public officials, employment practices, and errors and omissions coverage with Travelers Insurance for a total premiw-n of $824,591. Submitted by: Submitted By: Kelley Felchle. City Clerk Page 121 of 142 CITY OF WATERLOO Council Communication Resolution approving renewal agreement with Safety National at a cost not to exceed $170,151 per year to provide workers' compensation stop loss coverage and $23,314 to Alternative Service Concepts for claims administration. City Council Meeting: 6/18/2018 Prepared: 6/13/2018 REVIEWERS: Department Reviewer Action Date t.`IIefl(. Office FeUile, Kefley Approved 6)/21/.' 017 4:41 PM Resolution approving renewal agreement with Safety National at a cost not to SUBJECT: exceed $170,151 per year to provide workers' compensation stop loss coverage and $23,314 to Alternative Service Concepts for claims administration. Submitted by: Submitted By: Kelley Felchle. City Clerk Page 122 of 142 CITY OF WATERLOO Council Communication Resolution approving renewal of umbrella insurance with Brit Insurance for a total premium of$230,992. City Council Meeting: 6/18/2018 Prepared: 6/21/2017 REVIEWERS: Department Reviewer Action Date Clerk Off ice 1 e chlle, Kelley Approved 6/21/2017 4o tl 4 PM SUBJECT: Resolution approving renewal of umbrella insurance with Brit Insurance for a total premium of 5230,992. Submitted by: Submitted By: Kelley Felchle, City Clerk Page 123 of 142 CITY OF WATERLOO Council Communication Resolution approving an agreement for excess liability insurance with Allied Insurance for a total premium of $50,523. City Council Meeting: 6/18/2018 Prepared: 6/13/2018 REVIEWERS: Department Reviewer Action Date t]errk Off-we 1 elchlle, Kedeylid roved /G3/:018 ... -39 PM SUBJECT: Resolution approving an agreement for excess liability insurance with Allied Insurance for a total premium of$50,523. Submitted by: Submitted By: Kelley Felchle, City Clerk Page 124 of 142 CITY OF WATERLOO Council Communication Resolution approving award of bid for the mowing of city owned lots generally acquired through Iowa Code 657A to B&B Lawn Care, Inc., of Waterloo, Iowa, at$19.75 per lot, Option A lots under one acre and $57 per acre for Option B lots 1 acre or more, including the contract, bond, and certificate of insurance, and authorize the Mayor and City Clerk to execute said documents, and rescinding Resolution No. 2018-400. City Council Meeting: 6/18/2018 Prepared: 6/12/2018 REVIEWERS: Department Reviewer Action Date F1° auuum'iuig& Zona i'ig Sd roedeu-, Axic Approved 6/p 3/201 ... 10-.59 AM t.`Ileirk Off-we Fellcllile, Keiiey Approved 6/13/2018 11-.22, AM ATTACHMENTS: Description Type Bid 'Tab t_`ove.r Mc.irio Mowirig t:.oiitract 13acku p Materiall Resolution approving award of bid for the mowing of city owned lots generally acquired through Iowa Code 657A to B&B Lawn Care; Inca SUBJECT: of Waterloo, Iowa, at$19.75 per lot, Option A lots under one acre and S57 per acre for Option B lots 1 acre or more, including the contract,bond, and certificate of insurance; and authorize the Mayor and City Clerk to execute said documents, and rescinding Resolution No. 2018-400. Submitted by: Submitted By:Noel Anderson,Community Planning and Development Director Recommended Action: Approval Bids were opened on Thursday, May 31st, and R&D Lawn Care was the low bidder for option B for lots one acre or more with a bid of$30 per acre. The bid was awarded on Monday, June 5th. R&D Lawn Care has since Summary Statement: made contact with the city and stated they want to decline the contract, as they do not believe they can perform the work according to the specifications. Staff is recommending we award the contract for option B to the next lowest bidder, B&B Lawn Care at$57 per acre, who was also the low bidder for Option A at$19.75 per lot for lots less than(1) one acre. Expenditure Required: Option A:$19.75 per lot under(1) one acre Option B: $57 Per Acre for lots (1) one acre or more Source of Funds: Nuisance abatement Policy Issue: Property Maintenance Page 125 of 142 The City of Waterloo through its Dilapidated Housing Committee has acquired approximately 190 properties over the last ten years using Iowa Code 657A. A majority of the properties where demolished with Background Information: approximately 10 homes being sold with development agreement and rehabilitated. Lots owned by the City of Waterloo must be maintained, including mowing of the lots. This bid will select a mowing contractor for the lots. Page 126 of 142 2018 CITY OWNED PROPERTY MOWING CONTRACT Bid Tab: May 31, 2018 Estimate: Option A: $27.00 per occurrence for lots under 1 acre Option B: $30.00 per occurrence for lots 1 acre or more Bidder Bid Security Bid Amount B&B Lawn Care, Inc. Ck $1 500 A: $19.75 Waterloo, IA B: $57.00 R&D Lawn Care, LLC A: $26.00 Waterloo, IA Ck $1,500 B: $30.00 Wilson Custom Tree ° A: $99.00 Cresco, IA 5�° B: $220.00 Page 127 of 142 EXHIBIT A CONTRACT PROVISIONS CITY OF WATERLOO, IOWA PLANNING AND ZONING DEPARTMENT CONTRACT for 2418 MOWING This Contract for mowing(the "Contract") is made and entered into on June 4, 2018, by and between the City of Waterloo, Iowa(the"City"), and (the "Contractor"). t s 1. The Contractor shall furnish all supervision,technical personnel, labor,materials, supplies and equipment to perform all work required for the Contract work as described in the Specifications. 2. The Contract Documents shall consist of the following: a. This Contract b. Request for Proposals c. Notice of Hearing d. Instruction to Bidders e. Signed copy of Bid f. General Conditions g. Specifications These documents form the Contract Documents and are all fully incorporated as a part of this Contract as if attached to this Contract or set forth in full herein. In the event of any conflict or ambiguity among the Contract Documents, the document in the order set forth above that first addresses the issue or provision in question shall be govern. 3. The Contractor agrees to complete work on a consistent schedule to keep properties in compliance. Time is of the essence in the performance of duties under this Contract. The Contractor also agrees to the following: a) The Contractor will remove all litter, garbage, or junk on vacant lots and/or vacant properties that would be cause the Contractor not to be able to fulfill the obligation of weed/grass removal at their own cost. b) Contractors will abide by ordinance sections a. 7-1-213(1)Contractors will not be permitted to transfer grass onto or across any city street or alley. In the event grass is transferred into the street, it shall be removed by the Contractor. b. 7-1-21{ Contractors will not be permitted to blow weeds/grass onto or across any street or alley. In the event weeds/grass is transferred into the street it shall be removed by the Contractor c) Contractors shall bag all weeds/grass taller than 12"in residential areas and dispose of the rubbish properly.Disposal can be done at the City of Waterloo Yard Waste Site located at 2749 Independence E' Ave.,Waterloo,Iowa. I d) Contractors are not to mow or trim any flowers or gardens unless specified by the Planning and Zoning Department. e) Contractors will trim around all trees,telephone poles,fences, structures, curbs and on the backside of alleys. f) In the event the Planning and Zoning Department finds that the Contractor did not fulfill its obligation,the Contractor will be required to go back to the property at no additional cost to the city or owner of the property. f g) Contractor shall remove all involuntary vines, brush, or trees along any fence and the portion of property to the alley when referral is given by the Planning and Zoning Department. h) Properties found in compliance upon arrival of contractor, will not result in additional charges to the City of Waterloo from the Contractor. Page 128 of 142 4. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo relating to the obstruction of streets and alleys, keeping open passageways for water and traffic,and maintaining proper and sufficient barricades with lights and signals during all hours of darkness. 5. 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 performing the work contemplated by this Contract. 6. Contractor shall be responsible for all damage to public or private property. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense,to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but the work is delayed by the City,the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. 8. The City, at its sole discretion and without waiving any claims or rights,may allow for partial payment for the work included on an invoice for which all services have not been delivered or accepted. The City may withhold payment for reasons including, but not limited to,the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract,third-party claims filed or reasonable evidence that a claim will be filed, or other reasonable cause. } r 9. 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,then City may declare that Contractor is in default hereunder and may terminate this Contract by delivery to Contractor of written notice of termination, and/or take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder. Contractor shall be entitled to only one such notice, and in connection with any subsequent breach then City may terminate this Contract upon seven(7)days' advance written notice. In the event of termination,the Contractor shall be compensated for all necessary services performed through the termination date. 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 u' action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 10. In addition to paragraph 9 above, 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 terminate this Contract at any time without cause by delivering to Contractor twenty-one(2 1)days' advance written notice of termination. 11. Contractor may not assign, delegate or subcontract any of its duties hereunder without the prior written consent of City. 12. Because time is of great importance when completing work,the Contractor must notify the City of Waterloo at least two(2)weeks in advance including who will be filling in for them for any planned time off. 13. Any notice under this Contract shall be in writing and shall be delivered in person or by United States registered or certified mail, postage prepaid and addressed: Page 129 of 142 City Contractor City of Waterloo,Iowa 715 Mulberry St. Waterloo, Iowa 50703 Attn: City Clerk Delivery of notice shall be deemed to occur(i) on the date of delivery when delivered in person, or(ii)three(3)business days following the date of deposit if mailed as stated above. I4. Nothing in this Contract 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, except as expressly set forth herein,to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. Contractor is an independent Contractor. 15. This Contract shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each. I 16. In the event any provision of this Contract is held invalid, illegal, or unenforceable,whether in whole or in pant,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. 17. 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 by the mutual written agreement of the parties. 18. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations and conditions hereof, or contained in the various instruments made a part of this Contract by reference, and upon completion and acceptance of the work,the City agrees to pay the Contractor as set forth on Exhibit"A"attached hereto. IN WITNESS WHEREOF,the parties have executed this Contract for Mowing by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR j!. Mayor Name of Contractor By: City Clerk Title: Page 130 of 142 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Wayne Claassen Engineering and Surveying, Inc. for land surveying services within the MidPort Industrial Park, in an amount not to exceed $3,700, and authorize the Mayor to execute said document. City Council Meeting: 6/18/2018 Prepared: 6/12/2018 REVIEWERS: Department Reviewer Action Date Ppmrnpng& Zonr ing Scpirrc edea, A.rie Approved ii/tl 3/2018 ... 10-47 AM i.`perk Office Fellcllfle, pCeHey Approved 6/13/2018 11.23 AM ATTACHMENTS: Description Type Survey W'oirk with ClaaaNseri L,'.,ri�..?J ee;ll"tirig Ba9ckiip'b McBtei[..0 Resolution approving a Professional Services Agreement with Wayne SUBJECT: Claassen Engineering and Surveying; Inc. for land surveying services within the Mid-Port Industrial Park, in an amount not to exceed S3,700, and authorize the Mayor to execute said document. Submitted by: Submitted By:Noel Anders on-Community Planning and Development Director Recommended Action: To approve and authorize the contract. The City would be swapping 4.6 acres of city owned land for 4.6 acres of Summary Statement: land owned by ConAgra Foods along MidPort Boulevard and Airline Highway. The land would allow for additional development for existing or new businesses located within the MidPort corridor. Expenditure Required: Up to $3,700. Source of Funds: Midport TIF Policy Issue: Economic Development policy number 1, 3 &4 within the Strategic Plan. Alternative: N/A Page 131 of 142 WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. 2705 University Avenue P.O. Box 898 Waterloo, Iowa 50704 Fax 319/235-0028 319/235-6294 June 6, 2018 Adrienne Miller City of Waterloo Community Planning&Development Department 715 Mulberry St. Waterloo, IA 50703 RE: Surveying Proposal for City of Waterloo-ConAgra land swap Dear Adrienne: We propose to survey the three areas outlined on the attached for$3,700,00. Please call with questions or any other needs. Very truly yours, WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. William J. Claas(' en, P. E. WJC/dad (FolderTroposals\Proposal for City of Waterloo-ConAgra land swap.doe) Page 132 of 142 ":�. iy f.,✓iii ;/© '4Ct 3 N ar q li e( N 1� 1 / o � ;G� N f r�I f i i y CITY OF WATERLOO Council Communication Resolution approving and accepting a certain donated temporary construction easement agreement with BCS Properties, for the Brock Sanitary Sewer Main Extension, Contract No. 954, located near 2680 Sergeant Road (O'Neal Steel). City Council Meeting: 6/18/2018 Prepared: 6/13/2018 REVIEWERS: Department Reviewer Action Date Ppmrnpng& Zonr iig Scpirroederr, uric Approved 13/2 018 10- p AM (.`perk Office ice p pp;i)y, 114amy Approved 6/13/2018 ... 10.54 AM ATTACHMENTS: Description Type B(,, S i`Eniipr 1-s rint Altachaii.erits (.,o er. Me nio Resolution approving and accepting a certain donated SUBJECT: temporary construction easement agreement with BCS Properties, for the Brock Sanitary Sewer Main Extension, Contract No. 954, located near 2680 Sergeant Road(O'Neal Steep Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Transmitted herewith is a request by the City of Waterloo to accept a certain donated temporary construction easement agreement with BCS Properties, for the Brock Sanitary Sewer Main Extension, Contract No. 954, located near 2680 Sergeant Road (O'Neal Steel). Please see the attached temporary easement agreement, easement plat and Summary Statement: aerial photo. There is a prospect ready to construct a new office/warehouse building to the west of 2680 Sergeant Road and it is necessary to extend a new sanitary sewer main to serve that new development. Also, this new sanitary sewer will be beneficial to serving future development in this area as it continues to grow. Expenditure Required: None Source of Funds: N/A Policy Issue: Infrastructure and Economic Development. Page 134 of 142 Alternative: N/A This area is experiencing considerable growth of new cointnercial and light Background Information: industrial development, and this new sanitary sewer will open up additional land for new development. An Easement for Temporary Construction purposes over, under and across that part of the Southwest Quarter(SW 1/4) of Section Thirty-three(33), Township Eighty-nine North(T 89N), Range Thirteen West(R 13W) of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, described as follows: Legal Descriptions: Beginning at the Northwest corner of Parcel A, Misc. Book 296, Page 832 in the Black Hawk County Recorder's Office; thence S36°04'30"W Seventy- seven and Fifty-eight Hundredths (77.58) feet along the Northwest line of said ParcIA; thence S53°55'30"E One Hundred (100.00) feet; thence N36°04'30"E One Hundred Fifty(150.00) feet to the North line of aforesaid Parcel A; thence N89°50'15"W One Hundred Twenty-three and Forty-seven Hundredths (123.47) feet along said North line to the point of beginning containing 0.26 acres. Page 135 of 142 Prepared by:Tim Andera,City of Waterloo,715 Mulberry Street.Waterloo,lA 50703—(3 19)291-4366 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT For consideration received, the undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary construction casement across the following legally described property in the City of Waterloo,Black hawk County,Iowa: See attaehed L•xhihit f ornstructing a new sanitary sewer main,together with a right of ingress and egress �a Z Ll 19 Date or ropertes,LLC Date By: Its: State of Iowa) Black Hawk Connty) ss. Acknowledged before me on 06 ly--&Aq f, and :A"'"`; CRYST&q#tSEN13ACH COMMISSION NO.785374 MY COMMISSION EXPIRES AUGUST 4,2020 Notaty uhlic Page 136 of 142 ei rn W INDEX LEGEND .nnrral IYaaaacnpllarn: fart of it,,, aauthoe r '1/4, t;R-ti- 3.3—TMIM R13W, WaW,,C fU n. .ti:urvcyrvr: C)avGt 7..., ,`wchcif (#16775) 'n—yi,"I C.mprnry: Woynn 00--n F:nf3 nearing he, aev gins, 2,7415 lhkl,,.Ay Alorue (P.O. 8-598) alln@ue^Bn<r, Invrra 6'o7aa C.7 (319)235 6294 pint R 1 nl l.d By: pity of fto,p - U2 P'op,latvr: BCS h.pr.rPles, 1_LG 1'c.rflparur,y CcaraSt.raactiraor t nloerlran'P;. LEGAL DESCRIFUON TEMPORARY CONSTRUC DON EASEMENT Ari Fosemen9 for 1'ompareary Construatian purposes over, under and across that part of the Southwest Ouorter (SW 1/4) of Section Thirty--throe (33), 'Township Eighty--ninp North ('T39N), Ronge Thirteen West (RIM) of 'Met Fifth principal Mearidian, Irl the City of Waterloo, Black Hawk County, fowa, desaa Awd as folkovs: Beginning at the. Northwest corner of Parrrl A, Misc. Book 293, Page 332 in the Glack Hawk County Recorder's Office; theca ;,;36'04'30"W Sevanty--soven and F"frly-eight. F1urldiedthrs (77.58) feet along than NortImest line of said Parcl A; thenars S53'55'30"E One t1tindred (100..00) feat; thence NW04'30"E One Hundred Fifty (150.00) feet to the Nuith linea of aforesaid Parcel A; thence NHrD"CSG"1a""VJ One Fluncired Twenty—throe and Forty—.eavon Hundredths (923.47) feet olong said Floras 11111, to the {mint of beginning containing 0.26 acres. NOTE" .._._w__._ .._. _r_. _..._....w,_.....__.- n 1. The basis of hearings, for this Peat of Survey is the .11 North lino of poicel A an;;lcarred a bearing of N89'50'15`W ae per Plat of Survey in Misc. Book 2£16, Patio 832, 2. F.Y. 2019 Clrocla 3rd Addition Sanitcny Sevierll?Exteansian, p'7 Contract hdo 954, Waterloo, lowo" " ..... .......... .........._...._____..._._.........__.._... .___....,__. . ..w.___.....___. ___,_.....__._...., C OTIFIUATION a rd kXY1 e °g I hereby oNmtif 911 k tlil!a lord ;week 1r daaurne+nk waxy re orad and the.rcloted < v,, y Y yi 9 p ti"G (.0p .�13 4 'e(." e survar l�wurk waa porfouned by rno or wlr1sr mydire2t llromoral vuf�esrvMonand Pal i rrrrr n duty lauaneed Und `.rurouynr un&r Rhe laaws of the "mato; ofILICENSED D ._ tt"ftlt"dya. %,.g,FIJI .v", F '._ .1_____.._.. ....._w ._.. ---.............. iianu9in ea L7cawld I r�aiG fn u I kl v1 1677. .:_. t irepa e Na ..�...._ ummmmrwu W"'• 1 ��INiIuTLS a _y ai " I _. ., -. ,." ..., 31 JCY1El .. .... ... .�,.....m.,��.... ,,.,�m. .,�:, �;""'" y u.wal data tr latrcrrrb¢.i..,_ B 1 o era or heals 4overad h 9h1, u rw .. ," „a".,m" ..._m, 11 li w.rrao.own .. ....,. ...... "ww,w .��.,.....,._"..,_....,�"" ,...,.,..�.� "., Page 137 of 142 WAYNE CI.AASSE N ENGINEERING AND SURVEYING, INC. FIIIONE (V(')ICIS19-235-6294 P,0. BOX 898 WAIERLOO, IOVIA 50704--0898 (F 319-235-0028 ............ EM�1134EMENT PLAT Temiporory Construction Eoseincrit SHEET 2 0F 2 POIA of the SoWilwest 1/4., Scution 33-189N-RIM� Waterloo, Black Ilm* County, love 200 Proprietor: BCS Propephes, LLC OM-MA I INCA-i 200 FEE--F F (wwtiol 1 B ... ....... I0 ........................... 61 N, 110 PARCEL.A MISC. BOOK 296-832 PROPRIETOM BCS PROPERTIES, 11 La 21 In MOT ci rn M(YE ..................... ............... .......... 9 --..A pm% RID(31EVINe AVENUE (R[CIIT OF-WAY VARIFs�) s 1/4 CORKER 33-fOgN RMY (FOUND MAG MI.IPV M9P)W--F)-- Co DOC', No. 2016-03108 E Q)' ................................. .............. ....................... ...... Page 138 of 142 PROJECT: Brock Sanitary Sewer Main Extension,Contract No.954 PARCEL: 8913-33-376-015 OWNER: BCS Properties,LLC OFFER TO DONATE FORM As owner(s) of real estate needed for the above-referenced project and parcel, and acknowledging the fact that we are entitled to just compensation for the subject property interests detailed in attached Exhibit"A",nevertheless,we desire to donate the temporary and permanent casements. We hereby waive such compensation rights and will promptly execute the necessary documents for the City of Waterloo,Iowa. This donation to the City of Waterloo,Iowa,is made knowingly,voluntarily,and not tinder coercion or threat of any nature by the City of Waterloo or its agents. Before signing this form, we ha e{rad the ol,)n i city to consult with ow°own legal counsel and lax advisors. Referenc in the singul nu her include the plural,and vice versa. Gj ?� 4S Prop ie ,LLC Date B For BCS Properties,LLC Date By: its: State of Iowa) Black Hawk County) ss. 5 Acknowledged before me on 'Z r ( by LlGI and t��`A4 sp CRYSTALaWISEN BACH x COMMISSION NO.785374 MY COMMISSION EXPIRES Notary 'ublio o r AUGUST 4,2020 Page 139 of 142 CITY OF WATERLOO Council Communication Motion approving the Final Quantity Adjustment for a net decrease of$255.10 for the FY 2017 Wagner Road Sanitary Sewer Extension and Grading, Contract No. 899, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 6/18/2018 Prepared: 6/13/2018 REVIEWERS: Department Reviewer Action Date t^i)&ccHng tCniasobi, Jami c pproved13/2018 ... pp,H AM t.` erk Office Fellcllfle, pC eHey Approved 6/13/2018 ... 11.25 /Gly Motion approving the Final Quantity Adjustment for a net decrease of SUBJECT: $255.10 for the FY 2017 Wagner Road Sanitary Sewer Extension and Grading, Contract No. 899, and authorize the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Dennis Gentz, PE,Assistant City Engineer This is the accumulated amount of adjustments from original to sinal quantities that were determined necessary during the construction of the Summary Statement: project, which results in a decrease to the total project cost. Source of Funds: TIF Page 140 of 142 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of$547,374.90 for the FY 2017 Wagner Road Sanitary Sewer Extension and Grading, Contract No. 899, and receive and file two (2)year maintenance bond. City Council Meeting: 6/18/2018 Prepared: 6/13/2018 REVIEWERS: Department Reviewer Action Date ^'tig�'ii=ing Kraaattso: m, Jtannfie Approved 6/p 3/201 .. 1 p:p p AM t.`Ilerp< Off-we Fellcilile, Kefley Approved 6/13/2018 11-.2 p AM Resolution approving Completion of Pro-ject and Recommendation of Acceptance of Work for work performed by Peterson Contractors. Inc.. of SUBJECT: Reinbeck, Iowa, in the amount of$547.374.90 for the FY 2017 Wagner Road Sanitary Sewer Extension and Grading Contract No. 899, and receive and file two (2)year maintenance bond. Submitted by: Submitted By: Jamie Knutson, PE, Interim City Engineer Peterson Contractors, Inc. has completed the above referenced project in accordance with the plans and specifications. Summary Statement: Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees to remedy any defects in workmanship or materials that may develop in said work within a period of two (2) years from the date of the acceptance of the work under said contract. Source of Funds: TIF Page 141 of 142 CITY OF WATERLOO Council Communication Resolution approving an agreement with the Iowa Department of Transportation and the Union Pacific Railroad for the reconstruction of the Franklin Street Railroad Crossing Surface Repair project, with the City's share of the cost totaling $22,410.20, and authorize Mayor to execute said agreement. City Council Meeting: 6/18/2018 Prepared: 6/13/2018 REVIEWERS: Department Reviewer Action Date t^i)&ccHng Kniasomi, Jami c Approved (5/13/2018 ... 11-09 A t.` erk Office Fellcllfle, pC appy Approved 6/13/2018 ... 11,24/Gly Resolution approving an agreement with the Iowa Department of Transportation and the Union Pacific Railroad for the reconstruction of the SUBJECT: Franklin Street Railroad Crossing Surface Repair project, with the City's share of the cost totaling $22,410.20, and authorize Mayor to execute said agreement. Submitted by: Submitted By: Jeff Bales,Associate Engineer Approve State of Iowa Grade Crossing Surface Repair Fund Force Recommended Action: Account Agreement and authorize Mayor to sign and enter into said agreement. Summary Statement: Crossing between 6th and 7th Street Estimated cost is $107,051 and the City's share is 20% or$21,410.20+ Expenditure Required: roadway traffic control$1,000= $22,410.20. Source of Funds: Local Option Sales Tax revenue Background Information: This funding program has been traditionally utilized by the City and the railroads for the reconstruction of railroad crossings. Page 142 of 142