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Council Packet - 4/22/2019
DELETE Amended Council Agenda Item Council Meeting Monday, April 22, 2019 Consent Resolution Item 8 Resolution setting date of public hearing as May 6, 2019, to authorize the sale and conveyance of property located west of 3070 West Airline Highway, to 3 Stooges, LLC, in the amount of $1.00, and to approve a Reason: To allow time to amend project plans. THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTYCOUNCIL CHAMBERS Monday, April 22, 2019 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 Conununity 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 Clerk'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 231 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Cub Scout Den 3025 Agenda, as proposed or amended. Minutes of April 15, 2019, Regular Session, as proposed. Proclamation declaring May 2019 as Bike Month Proclamation declaring April 21-27, 2019 as Arbor Week Proclamation declaring April 28 - May 5, 2019 as Days of Remembrance Proclamation declaring April 22-26, 2019 as National Community Development Week Proclamation declaring May 4, 2019 as Waterloo Downtown Urban Farmers Market Kick -Off Day Proclamation declaring May 6, 2019 as Historic Preservation Month Proclamation declaring April 25-28, 2019 as Stand Against Racism Weekend Recognition of Eugene Smith for 30 years of service. Recognition of Glen Tate for 30 years of service. Recognition of Doug Drinvosky for 30 years of service. ORAL PRESENTATIONS Iowa 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. Presentation by Community Development. 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. Resolution approving Variance to Noise Ordinance request from Ivan Frizell for a Page 2 of 231 family summer fish fry and barbecue to be held at LS Exchange Park shelter on June 29, 2019, from 11:30 a.m. to 11:00 p.m., including a DJ and PA system. Submitted By: Dave Mohlis, Police Captain 3. Resolution approving cancellation of assessment for property located at 1445 Meadow Lane in the amount of $186.39, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By: Kelley Felchle, City Clerk 4. Resolution approving cancellation of assessment for property located at 916 Denver Street in the amount of $196.11, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By: Kelley Felchle, City Clerk 5. Resolution approving cancellation of assessment for property located at 1221 W. 6th Street in the amount of $197.50, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By: Kelley Felchle, City Clerk 6. Resolution re -setting date of public hearing as May 6, 2019, in conjunction with the FY 2020 Complaint Mowing with Complaint Snow Removal contract, and instruct City Clerk to publish notice. Submitted By: David R. Zellhoefer, City Attorney 7. Resolution setting date of public hearing as May 6, 2019, to authorize the sale and conveyance of property located west of 3070 West Airline Highway, to Koelker Properties, LLC, in the amount of $1.00, and to approve a Development Agreement and Minimum Assessment Agreement for the development of three (3) industrial buildings within five (5) years, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning & Development Director 8. Resolution setting date of public hearing as May 6, 2019, to authorize the sale and conveyance of property located west of 3070 West Airline Highway, to 3 Stooges, LLC, in the amount of $1.00, and to approve a Development Agreement and Minimum Assessment Agreement for the development of two (2) industrial buildings, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning & Development Director 9. Resolution setting date of public hearing as May 6, 2019, to authorize the sale and conveyance of property located northeast of 2510 Leversee Road, to Prosper Farm Network, LLC, in the amount of $1.00, and to approve a Development Agreement and Minimum Assessment Agreement for the development of a truck wash, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning & Development Director 10. Resolution setting a date of public hearing as May 6, 2019, to approve a Hangar and Ground Site Lease Agreement with A -Line ALO, LLC for property located at 2802-2850 Livingston Lane, in the amount of $364.58 per month, for a term ending December 31, 2058, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director 11. Resolution approving preliminary plans, specifications, form of contract, etc., and setting the date of bid opening as May 2, 2019 and date of public hearing as May 6, 2019, in conjunction with asbestos abatement services at 2127 E. 4th Street (former St. Mary's Rectory), 1131 Bertch Avenue, 614 W. 7th Street, 623 W. 2nd Page 3 of 231 Street, 322 and 326 Crescent Place, 421 Logan Avenue, 154 Harrison Street and 411 E. 8th Street, and authorize City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director 12. Resolutions setting date of public hearing as May 6, 2019 on the proposed issuance of the following bonds and instruct the City Clerk to publish said notice. (Details on projects covered by each hearing are on file for review.) (a) GCP-2 - Not to exceed $700,000 General Obligation Bonds (General Corporate Purpose) (b) GCP-3 - Not to exceed $700,000 General Obligation Bonds (General Corporate Purpose) (c) GCP-4 - Not to exceed $700,000 General Obligation Bonds (General Corporate Purpose) (d) GCP-5 - Not to exceed $700,000 General Obligation Bonds (General Corporate Purpose) (e) ECP -UR -6 - Not to exceed $3,100,000 General Obligation Urban Renewal Bonds (Essential Corporate Purpose) Submitted By: Michelle Weidner, Chief Financial Officer B. Motion to approve the following: 1. TRAVEL REQUESTS a. Elizabeth Andrews, Registrar Class/Meeting: Returning Artwork Destination: Goshen, IN Dates: May 28-29, 2019 Amount not to exceed: $255 b. Ben Wagner, Draftsperson Class/Meeting: Iowa Technology & Geospatial Conference Destination: West Des Moines, IA Dates: June 18-21, 2019 Amount not to exceed: $855 c. Officers Herkelman, Ehlers and Bovy Class/Meeting: Midwest Dogs for Law Enforcement K-9 Workshop Destination: Des Moines, IA Dates: May 6-10, 2019 Amount not to exceed: $2,080 d. Michelle Weidner, Chief Financial Officer Class/Meeting: Iowa Governmental Audits - Local Government Update Destination: Webcast Dates: May 13, 2019 Amount not to exceed: $220 e. Michelle Weidner, Chief Financial Officer Class/Meeting: Iowa Government Roundtable Destination: Des Moines, IA Dates: May 14, 2019 Amount not to exceed: $505 f. Julie Dawson, Executive Director; Wanda Hill -Doris, Housing Coordinator; Janet Wessels, Housing Coordinator Class/Meeting: Iowa National Association of Housing and Rehabilitation Officials 2019 Annual Conference/Training Page 4 of 231 9. Destination: West Des Moines, IA Dates: May 14-16, 2019 Amount not to exceed: $2,355 Rick Kirby, Housing Maintenance Class/Meeting: Boiler Operations Maintenance & Safety Destination: Des Moines, IA Dates: May 29-31, 2019 Amount not to exceed: $1,450 h. Troy Luck, Battalion Chief Class/Meeting: Blue Card -Incident Commander Certification Program Destination: Online Dates: One year Amount not to exceed: $125 subscription 2. LIQUOR LICENSES a. Anton's Garden, E. 4th at Sycamore Street Class: Special C Liquor w/Outdoor Service New Application Includes Sunday Expiration Date: 12/14/2019 b. Casey's General Store #2880, 1604 LaPorte Road Class: B Wine / C Beer Renewal Application Includes Sunday Expiration Date: 4/18/2020 c. Jim's Food, 437 Sullivan Avenue Class: B Wine / C Beer / E Liquor New Application Includes Sunday Expiration Date: 4/14/2020 d. Panchero's Mexican Grill, 2845 Crossroads Blvd. Class: B Beer w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 3/31/2020 3. Motion to approve Exception to Burning Yard Waste application for Neil Hammargren to burn 25 acres of native prairie and switch grass north of E. Airline Highway and east of Logan Avenue, between April 19 and April 27, 2019. 4. Motion to approve Exception to Burning Yard Waste application for Orange Elementary School to burn approximately .62 acres of native grass and flowers on the south side of the school property, located at 5805 Kimball Avenue, between April 15 and May 31, 2019. 5. Motion to approve Exception to Burning Yard Waste application for Waterloo Community Schools to burn approximately 1.35 acres of native grass and flowers near the corner of Huntington Road and Katoski Drive, between April 15 and May 10, 2019. 6. Motion to approve Exception to Burning Yard Waste application for Hawkeye Community College to burn approximately 8 acres of native prairie grass, between April 23 and May 15, 2019. Page 5 of 231 7. Bonds PUBLIC HEARINGS 2. FYE 2019 BUDGET AMENDMENT 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 FYE 2019 Budget Amendment. Submitted By: Michelle Weidner, Chief Financial Officer 3. Purchase of one (1) 2019 Skid -Steer Loader. Motion to received 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 specifications, bid documents, etc. Resolution authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to Public Works Manager for review. Submitted By: Randy Bennett, Public Works Manager 4. FY 2019 Sidewalk Inspection and Repair Program - Zone 9. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comment on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing proposed repairs to sidewalk. Resolution adopting Proposed Resolution of Necessity, as proposed or amended. Submitted By: Wayne Castle, PLS, PE, Associate Engineer RESOLUTIONS 5. Resolution approving award of bid to Lodge Construction, Inc., of Clarksville, Iowa, in the amount of $399,254.78, and approving contract, bonds and certificate of insurance, in conjunction with the FY 2019 Sidewalk Repair Program - Zone 9, Contract No. 969, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 6. Resolution approving support of opposition to the FAA recommended consolidation of the Terminal Radar and Control Radar Services, from the FAA owned Waterloo Air Traffic Control Tower, to the Des Moines International Airport, and authorize the Mayor to execute said document. Submitted By: Keith Kaspari, Director of Aviation 7. Resolution approving support of the proposal for Downtown Waterloo to receive the Iowa Cultural and Entertainment District designation. Submitted By: Noel Anderson, Community Planning & Development Director 8. Resolution approving support of the proposal for the Cedar Valley to receive the Great Places designation. Page 6 of 231 Submitted By: Noel Anderson, Community Planning & Development Director 9. Resolution approving an Early Access Agreement with Koelker Properties, LLC, to allow for access to city owned parcels before conveyance, for survey and earth moving work for the development of three industrial buildings within five (5) years, generally located west of 3070 West Airline Highway, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director 10. Resolution approving accepting certain deeds to sell real property to the City of Waterloo, for the partial acquisition of right-of-way and temporary easement from Realty Income Properties 31, LLC, in the amount of $3,070.07 ($2,509.15 fee title acquisition; $560.92 temporary easement), generally located adjacent to 1850 Logan Avenue, in addition not to exceed $50 in recording fees. Submitted By: Noel Anderson, Community Planning and Development Director 11. Resolution approving Construction Plans for paving, sanitary sewer, and storm sewer serving Magnolia Hills, as submitted by Clapsaddle-Garber Associates, Inc., of Cedar Falls, Iowa, and Sewage Treatment Agreement DNR Form 29 (Nov 00) with the Department of Natural Resources and the final acceptance of construction plans subject to the review and acceptance by the Department of Natural Resources, and authorize the Mayor to execute said agreement. Submitted By: Dennis Gentz, PE, Assistant City Engineer 12. Resolution approving construction plans for the 2018 Orange Road Entrance Improvements Project for Hawkeye Community College, as submitted by AECOM, of Waterloo, Iowa. Submitted By: Dennis Gentz, PE, Assistant City Engineer 13. Resolution approving a Professional Services Agreement with Clapsaddle-Garber Associates, Inc., of Cedar Falls, Iowa, in an amount not to exceed $13,800, in conjunction with the Airline Highway Sanitary Sewer Extension, and authorize the Mayor to execute said document. Submitted By: Jamie Knutson, PE, City Engineer 14. Resolution approving a Professional Services Agreement with Strand Associates, of Madison, Wisconsin, in the amount of $80,000 to provide design services for the Preliminary Design Bio -Gas Project, and authorize the Mayor and City Clerk to execute said document. Submitted By: Steve Hoambrecker, Waste Management Services Director OTHER COUNCIL BUSINESS 15. Motion to approve Change Order No.1 in the amount of $6,465, to Cardinal Construction, of Waterloo, Iowa, in conjunction with the Riverfront Stadium Group Seating Project. Submitted By: Travis Nichols, Facilities/Project Manager ADJOURNMENT Page 7 of 231 Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:40 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Community Development Board meeting minutes of March 2019. 2. Communication from the Waterloo Police Department on the notice of the conclusion of employment for Frank A. Krogh, Police Captain, effective April 5, 2019 with recommendation of approval of payout of $24,007.73 for unused benefits. 3. Communication from the Waterloo Public Library on the notice of the conclusion of employment for Gabrielle M. Shirley, 29 -hr Library Assistant, effective March 31, 2019 with recommendation of approval of payout of $195.05 for unused benefits. Page 8 of 231 CITY OF WATERLOO Council Communication Minutes of April 15, 2019, Regular Session, as proposed. City Council Meeting: 4/22/2019 Prepared: REVIEWERS: Department Reviewer Action Date Clerk. Office ii /by, Nancy Approved 4/16/2,019 ... i0: 0 AM ATTACHMENTS: Description Type D Minutes a April V `i 20 d 9 t D:,uckulp Mlata°nnaap Submitted by: Submitted By: Page 9 of 231 April 15, 2019 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, April 15, 2019. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Feuss, Klein, Amos, Schmitt, and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Noel Anderson, Community Planning & Development Director 146102 - Juon/Schmitt that the Agenda, as amended by striking the words "per NPDES permit requirements" from resolution item 8 and to revise the cost in resolution item 10 from $105,500 to $112,200, for the Professional Services Agreement with Stanley Consultants, for the Regular Session on Monday, April 15, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 146103 Juon/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, April 8, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Recognition and Swearing in of new Police Officer Marcus S. Harrington ORAL PRESENTATIONS David Dryer, 3145 W. 4th Street, questioned the nature of the construction on 6th and Commercial and on Water from 5th and 6th, and if there were talks about turning the road into a two-way street. He also questioned why multiple meters in front of city hall were reserved. Mrs. Juon explained that the meters were reserved for handicap parking, as the construction on the back door of city hall required them to make room closer to the entrance. Sandie Greco, Traffic Operations Supervisor, explained that the nature of construction on 5th and 6th was for signage, and that there were no talks of turning the road into a two-way street. Mayor Hart stated that the public has expressed considerable interest in a two-way street, and that a study on it being funded by next year was likely. 146104 - Juon/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 146105 - Juon/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: April 15, 2019 1. 2. Page 2 3. Resolution setting a date of public hearing as May 6, 2019, to approve the request by Stefanie Hartel for a site plan amendment to the "M -2,P" Planned Industrial District for a dog day care facility located south of 3289 Airport Boulevard, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2019-234. 4. Resolution setting a date of public hearing as May 6, 2019, to approve the request by Darci Lenehan for a site plan amendment to the "M -2,P" Planned Industrial District for a truck wash located northeast of 2510 Leversee Road, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2019-235. 5. Resolution setting the date of public hearing as May 6, 2019 to approve the request by Black Hawk Contracting & Development to vacate 1 foot 1 inch of a 15 foot storm sewer easement located south of 1019 Vermont Street, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-236. b. Motion to approve the following: a. b. c. a. b. c. d. e. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Brad Manahl, Operations Foreman Waste Water Treatment - Grade 2 Cedar Rapids, IA February 20, 2019 $125 Brad Manahl, Operations Foreman Waste Water Treatment - Grade 3/4 Cedar Rapids, IA March 21, 2019 $150 Chris Youngblut, Director of Technology Iowa Technology & Geospatial Conference West Des Moines, IA June 18-21, 2019 NTE $855 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Hy -Vee Food Store #2, 2181 Logan Avenue B Wine / C Beer / E Liquor Renewal 3/23/2020 x J's R&B Lounge, 501 Independence Avenue C Liquor Renewal 4/6/2020 x Legends Sports Grill, 118 Commercial Street C Liquor w/Outdoor Service Renewal 1/21/2020 x Waterloo Softball Association, Inc., 1139 Josephine Street *Ownership Update* B Beer w/Outdoor Service New 4/16/2020 x Main Street Waterloo, B Beer w/Outdoor New 8/30/2019 April 15, 2019 J• k. M. n. o. Page 3 Lincoln Park *5 Day* Service Main Street Waterloo, Lincoln Park *5 Day* B Beer w/Outdoor Service New 6/20/2019 Main Street Waterloo, Lincoln Park *5 Day* B Beer w/Outdoor Service New 7/20/2019 Main Street Waterloo, Lincoln Park *5 Day* B Beer w/Outdoor Service New 8/9/2019 Riverloop Expo Plaza, 400 Jefferson Street Special Class C w/Outdoor Service New 10/14/2019 x Waterloo Bucks, 850 Park Road B Beer w/Outdoor Service New 12/15/2019 x Yourpie, 126 E. Ridgeway Avenue Special Class C Liquor w/Outdoor Service Renewal 4/5/2020 x 3. Cigarette/Tobacco Permit New Application for Jim's Food, 437 Sullivan Avenue. 4. Cigarette/Tobacco Permit New Application for KFD Grocery, Inc. DBA Hometown Foods, 1010 E. Mitchell Avenue. 5. Motion to approve Exception to Burning Yard Waste Application for Waterloo Leisure Services to burn an approximate .79 acre plot in the southeast corner of South Hills Golf Course located at 1830 E. Shaulis Road. 6. Motion to approve Exception to Burning Yard Waste Application for Waterloo Leisure Services to bum approximately 5 acres of prairie grass in the Katoski Greenbelt. 7. Recommendation of appointment of Matthew Schindel, from the current Civil Service list, to the May 6, 2019. 8. Bonds. Roll call vote -Ayes: Seven. Motion carried. 146106 - Schmitt/Amos Recommendation of appointment of Matthew Schindel, from the current Civil Service list, to the position of Associate Engineer in the Engineering Department, with an effective date no later than May 6, 2019. Roll -call vote -Ayes: Seven. Motion carried. Mr. Schmitt questioned if there is a change in salary between Matthew Schindel and his predecessor. Jamie Knutson, City Engineer, explained the funding for the position and how it compares to other positions in the Engineering Department. Mr. Schmitt questioned how long Jamie Knutson had worked as an Associate Engineer and if Matthew Schindel would have the same rate of pay as he did before he was promoted. Jamie Knutson explained he worked as an Associate Engineer for 23 years and that Mr. Schindel April 15, 2019 Page 4 Mrs. Klein stated she supported the hire but disagreed with the lack of a starting salary like other city departments and the higher rate of pay for a new hire. Mayor Hart explained all city departments do not functions the same way. Mr. Morrissey questioned if Matt Schindel is currently working for the city. Jamie Knutson answered that he is not working for the city. Mr. Schmitt questioned which department's function the way Mayor Hart stated. Lance Dunn, Human Resources Director, stated that some departments are non -bargaining positions, which are market driven and pay high enough to be competitive with private companies in order to find a qualified employee. Mr. Schmitt questioned how many applicants were there for the position. Lance Dunn answered that there were seven. Mrs. Juon questioned if this position is a union position. Lance Dunn confirmed. Mrs. Juon questioned if union employees receive step or longevity pay. Lance Dunn answered that they do. PUBLIC HEARINGS 146107 - Schmitt/Amos that proof of publication of notice of public hearing on Hangar and Ground Site Lease Agreement with A -Line ALO, LLC for property located at 2802-2850 Livingston Lane, in the amount of $364.58 per month, for a term ending December 31, 2058, as published in the Waterloo Courier on April 5, 2019, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. David Dryer, 3145 W. 4th Street, questioned if the rates are competitive for the ten-year term. Keith Kaspari, Airport Director, explained that the rates are competitive, being the cheapest of the eight closest airports, with a 5 -year lease renewal review. Todd Obadal, 124 Amity Drive, questioned if the hangar is located in a TIF District and questioned if the land was publicly advertised as being available for lease or if the lease was a special offer. Noel Anderson, Community Planning and Development Director, answered that a development agreement is on the agenda and that it is a TIF District, in addition they are having a public hearing about it now. T7 _ f . 1 TY - - - - -- - - - - 1 . 1 _ _ . .1 r.1_. April 15, 2019 Page 5 for a term ending December 31, 2058, and authorize the Mayor and City Clerk to execute said documents. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-237. 146110 - Morrissey/Amos that proof of publication of notice of public hearing on FY 20 One -Year -Action Plan and Consolidated Five -Year FY 20 -FY 24 Plan, as published in the Waterloo Courier on April 5, 2019, 2019, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 146111 - Morrissey/Amos that the hearing be closed and recommendation of approval of Community Development Board, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146112 - Morrissey/Amos that "Resolution approving proposed funding recommendations set forth by the Community Development Board for FY 20 One -Year Action Plan and the Five -Year Consolidated Plan for CDBG and HOME program funds for the Waterloo/Cedar Falls Consortium", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-238. 146113 - Amos/Feuss that proof of publication of notice of public hearing on FY 2019 Sidewalk and Trail Repair Program - Zone 9, Contract No. 969, as published in the Waterloo Courier on April 1, 2019, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. David Dryer, 3145 W. 4th Street, questioned the cost difference between sidewalk repairs and trail repairs. Jamie Knutson explained the cost of sidewalk and trail repairs. 146114 - Amos/Morrissey that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146115 - Amos/Feuss that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. April 15, 2019 Page 6 Bidder Bid Security Bid Amount Lodge Construction, Inc. Clarksville, IA a 5 /o $399,254.78 Voice vote -Ayes: Seven. Motion carried. 146118 - Morrissey/Feuss that proof of publication of notice of public hearing on purchase of one (1) trailer mounted spray injection road repair machine, as published in the Waterloo Courier on April 1, 2019, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. David Dryer, 3145 W. 4th' Street, questioned the function of a trailer mounted spray injection road repair machine. Randy Bennett, Public Works Manager, explained the unit works is used to do permanent repair and seal potholes and pavement joints. 146119 - Morrissey/Feuss that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146120 - Morrissey/Feuss that "Resolution confirming approval of specifications, bid documents, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-241. 146121 - Morrissey/Amos that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-242. 146122 - Morrissey/Amos Motion to receive and file and instruct City Clerk to read bids. Estimate: $75,000 Bidder Bid Amount Star Equipment Waterloo, IA $72,072 Voice vote -Ayes: Seven. Motion carried. April 15, 2019 Page 7 Randy Bennett responded is new, and the Street Department staff would be operating the equipment. Mr. Morrissey questioned if operating the machinery would take away time for other important duties, and if council should look into more staffing. Randy Bennett responded there wouldn't be issues with allocating staff to the machine. Mr. Morrissey questioned if maintenance would be an issue, and where it would be housed. Randy Bennett explained maintenance on this equipment would not be any more of an issue than other equipment, and that it would be housed at Public Works. Resolution adopted and upon approval by Mayor assigned No. 2019-243. 146124 - Feuss/Morrissey that proof of publication of notice of public hearing on purchase of one (1) trailer mounted tank, as published in the Waterloo Courier on April 1, 2019, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 146125 - Feuss/Morrissey that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146126 - Feuss/Morrissey that "Resolution confirming approval of specifications, bid documents, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Morrissey questioned if this was compliment to item five. Randy Bennett answered that it was, as it improves efficiency. Resolution adopted and upon approval by Mayor assigned No. 2019-244. 146127 - Feuss/Morrissey that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-245. 146128 - Feuss/Morrissey Motion to receive and file and instruct City Clerk to read bids. Estimate: $40,000 April 15, 2019 Page 8 Resolution adopted and upon approval by Mayor assigned No. 2019-246. RESOLUTIONS 146130 - Schmitt/Juon that "Resolution approving Convention & Visitors Bureau Board recommendations to fund the FY 2020 Capital, Partner, and Event Grants in the total amount of $250,500", be adopted. Roll call vote -Ayes: Seven. Motion carried. Tavis Hall, Executive Director of Experience Waterloo, provided an overview of the grant awards along with the economic impact the grants create for the city. Mr. Schmitt questioned how awards are determined. Tavis Hall explained the selection process for the grants. Resolution adopted and upon approval by Mayor assigned No. 2019-247. 146131 - Schmitt/Juon that "Resolution of support for the submittal of a Facility Plan to the Iowa Department of Natural Resources to obtain approval for plant improvements", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-248. 146132 - Schmitt/Juon that "Resolution approving construction plans for Sanitary Sewer Relocation serving Friends of Faith Retirement Homes, Inc., for the Friendship Village Expansion, as submitted by Wayne Claassen Engineering and Surveying, Inc., and Sewage Treatment Agreement Department of Natural Resources Form 29 (Nov 00), with the Department of Natural Resources, and the final acceptance of construction plans subject to the review and acceptance by the Department of Natural Resources", be adopted. Roll call vote -Ayes: Six. Abstain: One (Jacobs due to business conflicts). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-249. 146133 - Morrissey/Amos that "Resolution approving a Professional Services Agreement with Stanley Consultants, Inc., of Des Moines, Iowa, in an amount not to exceed $112,200, in conjunction with the Upton Avenue Detention Basin Design", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-250. 146134 - Morrissey/Amos that "Resolution approving a Development Agreement and Minimum Assessment Agreement with A -Line ALO, LLC for the development of an airport hangar, with a tax rebate amount of 90 percent April 15, 2019 Page 9 subdivision, including tax rebates of a minimum of $40,000 per year up to a maximum grant of $1,200,000", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-252. 146136 - Feuss/Morrissey that Change Order No. 1, for a net increase of $21,351.75, in conjunction with 2018 Public Works - Old CMC Building, Roof Replacement Project, be received, placed on file and approved. Roll call vote -Ayes: Seven. Motion carried. Randy Bennett provided an overview of the change order. David Dryer, 3145 W. 4th Street, questioned the bidding process as week after week project costs continue to increase. 146137 - Feuss/Morrissey that "Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Service Roofing Company of Waterloo, Iowa, in the amount of $84,751.75, for the 2018 Public Works - Old CMC Building Roof Replacement Project", be adopted. Roll call vote - Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-253. ORDINANCES 146138 - Amos/Morrissey that "an Ordinance approving a request to vacate a portion of Littlefield Avenue and Linbud Lane right-of-way lying south of Sager Avenue, subject to the retention of a utility easement over under and upon the entire area of Linbud Lane to be vacated", be received, placed on file, considered and passed for the third time and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5489. 146139 - Schmitt/Amos that "an Ordinance amending the Official Zoning Map referred to in Section 10-4-4 to approve a request by A -Line ALO, LLC for a site plan amendment to the "M -2,P" Planned Industrial District to allow for the construction of a 12,800 square foot airport hangar, located southwest of 2814 Betsworth Drive, subject to acceptance of an analysis to determine aircraft wingtip clearances", be received, placed on file, considered and passed for the third time and adopted. Roll call vote -Ayes: Seven. Motion carried. Keith Kaspari explained upon further review of the Airport Cooperative Research Program document, a division of the US Department of Transportation, recommended that this project move forward as soon as possible. Mayor Hart questioned if conversations persisted from last week about the plane types and hangar April 15, 2019 Page 10 EXECUTIVE SESSION 146141 - Morrissey/Jacobs that the council adjourn Executive Session at 7:08 p.m. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 146142 - Morrissey/Jacobs that the Council adjourn at 7:08 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk CITY OF WATERLOO Council Communication Proclamation declaring May 2019 as Bike Month City Council Meeting: 4/22/2019 Prepared: 3/25/2019 REVIEWERS: Department Reviewer Action Date Mayor Office Westphal, Michelle .Approved 3/2,5/2,019 - 2:32 PM lerk. Officc, Rtgby„ .INfincy Approved 4/16/2019 - 9:28 AM ATTACHMENTS: Description Type D Bike Month Backup N4 ti Submitted by: Submitted By: Mayor Quentin Hart Page 20 of 231 CITY OF WATER 0)0,, IOWA PROCLAMATION Waterloo has been designated a bike -friendly community, a Complete Streets community, and has adopted the City of Waterloo Bicycle Master Plan. the City of Waterloo in cooperation with surrounding Cedar Valley communities maintains a beautiful trail system; and Cedar Valley Cyclists is an active part of our growing community of bicycle enthusiasts; and In 1956 the League of American Wheelmen designated the month of May as National Bicycle Month; and Bicycling is not only a recreational activity, but also an aerobic exercise leading to greater fitness and health, as well as an energy-saving, economical and environmentally friendly method of transportation. Now', THEREFoRE, 1, Quentin Hart, Mayor of the City of Waterloo, do hereby proclaim MAY 2019 AS BIKE MO MAY 8, 2019 AS BIKE TO SCHOOL DAY MAY12, 2019 AS CYCLOFEMME DAY MAY 13 - 19, 2019 AS BIKE TO WORK MAY 17, 2019 AS BIKE TO WORK FRIDAY in Waterloo and encourage our citizens to recognize the importance of bicycle safety and to participate in bicycling activities for recreation, transportation, fitness and improved health during the month of May as well as throughout the year. IN MTN- s WHE the City of Waterloo to be af have hereunto set my hand and caused the official seal of ed this 6th day of May 6, 2019. CITY OF WATERLOO Council Communication Proclamation declaring April 21-27, 2019 as Arbor Week City Council Meeting: 4/22/2019 Prepared: 3/5/2019 REVIEWERS: Department Reviewer Action Date .Mayor Office Westphal, Michelle .A.pproved 3/5/2.019 - 1:05 PM Clerk. Office Rigby, Nancy .12..ejected :3/2,0/2,019 - 10:26 .A.M Mayor Oflice Rigby, Nancy .Rejected 3/20/2019 - 10:26 .A.M .N4a.yor Office Westphal, Michelle .Approved. 3/20/2019 - 10:33 .A..M .N4.ayor Office Westphal, Michelle .A.pproved. 3/20/2019 - 10:38 .A 61.1erk Office Rigby, 'Nancy Approved 4/1.6/2019 - 9:50 AM ATTACHMENTS: Description Type D Proclamation Ao eek Backup Mate00 ll Submitted by: Submitted By: Mayor Quentin Hart Page 22 of 231 trees provide a pleasing environment in Waterloo benefit of our residents and visitors, contributing to our positive image; and the optimum reforestation of Waterloo will require public participation and cooperation, resulting in an attractive community; and the management of trees increases the benefits to our community through planning, planting, maintenance, timely removal and replacement; and the Iowa Legislature has designated the last Friday in April as "Arbor Day" throughout Iowa. do hereby proclaim the week of April 21 — 27, 2019, as in Waterloo, Iowa, and encourage all citizens of Waterloo to celebrate this occasion and the beauty of our city by planting a tree. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 22" day of April 2019. II vivimtivilloilip000111111.1111,1111.11111111 1111011111111.1111J1011111111 1111.1.1.1.111,111111111. 111101::11,1.11,111 .„.„:11,11111,111,111100011 doo1011111110111111111111111111111111111000lo111111(j,111111111111111111111111111 1.111111111111100! CITY OF WATERLOO Council Communication Proclamation declaring April 28 - May 5, 2019 as Days of Remembrance City Council Meeting: 4/22/2019 Prepared: 3/13/2019 REVIEWERS: Department Reviewer Action Date Mayor Office Westphal, Michelle .Approved 3/1 3/201 9 ..., 3:5 5 pm l.efk. Officc, Rtgby„ .INfIney Approved 4/16/2019 - 9:53 AM ATTACHMENTS: Description Type D Proclamation Days of Remembrance Back N4 ti Submitted by: Submitted By: Mayor Quentin Hart Page 24 of 231 WHEREAs, WHEREiks, WHEREAS WHEREAS, iiNEREAs, CITY OF WATERLOO, IOWA PROCLAMATION the Holocaust was the state-sponsored, systematic persecution and annihilation of European Jewry by Nazi Germany and its collaborators between 1933 and 1945; and Jews were the primary victims—six million were murdered; Roma (Gypsies), people with disabilities, and Poles were also targeted for destruction or decimation for racial, ethnic, or national reasons; and millions more, including homosexuals, Jehovah's Witnesses, Soviet prisoners of war and political dissidents also suffered grievous oppression and death under Nazi tyranny; and the history of the Holocaust offers an opportunity to reflect on the moral responsibilities of individuals, societies, and governments; and we the people of the City of Waterloo should always remember the terrible events of the Holocaust and remain vigilant against hatred, persecution, and tyranny; and we the people of the City of Waterloo should actively rededicate ourselves to the principles of individual freedom in a just society; and the Days of Remembrance have been set aside for the people of the City of Waterloo to remember the victims of the Holocaust as well as to reflect on the need for respect of all peoples; and pursuant to an Act of Congress (Public Law 96-388, October 7, 1980), the United States Holocaust Memorial Council designates the Days of Remembrance of the victims of the Holocaust Sunday, April 28 through Sunday, May 5, 2019, including the Day of Remembrance known as Yom Ha Shoah, Thursday, May 21. NoW, THEREFORE, 1, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim the week of Sunday, April 28 through Sunday, May 5, 2019, as DAYS OF REM CI in memory of the victims of the Holocaust, and in honor of the survivors, as well as the rescuers and liberators, and further proclaim that we, as citizens of the City of Waterloo, should strive to promote human dignity and confront hate whenever and wherever it occurs. IN WITNESS WHEREOF. 1 have hereunto set mv hand am -1 cancel -1 the nfilrial cpal of P;-1-‘7 CITY OF WATERLOO Council Communication Proclamation declaring April 22-26, 2019 as National Community Development Week City Council Meeting: 4/22/2019 Prepared: 3/5/2019 REVIEWERS: Department Reviewer Action Date 1\4ayor Office Westphal, Michelle Approved 3/5/2,019 ... 111)7 PM Clerk 00 icy, 11 p phy, N aa.aicy Approved 4/16/2019 - AM ATTACHMENTS: Description Type D eloprnent Cheek Back: up Materk l Submitted by: Submitted By: Mayor Quentin Hart Page 26 of 231 CITY OF A 00 IOWA PROCLAMATION WHEREAs the week of April 22 through April 26, 2019, has been designated as National Community Development Week to recognize and celebrate the Community Development Block Grant (CDBG) Program and the HOME Investment Partnerships (HOME) Program; and since 1975, the CDBG Program has provided annual funding and flexibility to local communities to provide affordable housing, a suitable living environment, and economic opportunities; and since 1992, the HOME Program has created and preserved affordable housing for low-income families; and over the past five years, our community has received more than $5,798,167 CDBG funds and $2,026,221 in HOME Funds; and both programs have suffered funding cuts over the years. NOW, THEREFORE BE IT RESOLVED that the City of Waterloo, Iowa, designates the week of April 22 - 26, 2019, as NATIONAL COMMUNITY DEVELOP in support of these two valuable programs that have made tremendous contributions to the viability of the housing stock, infrastructure, public services, and economic vitality of our community. BE IT FURTHER RESOLVED that we urge Congress and the Administration to recognize the outstanding work being done locally with CDBG and HOME funds by providing increased funding for both programs in FY 2020. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo, Iowa, to be affixed this 22nd day of April 2019. CITY OF WATERLOO Council Communication Proclamation declaring May 4, 2019 as Waterloo Downtown Urban Farmers Market Kick -Off Day City Council Meeting: 4/22/2019 Prepared: REVIEWERS: Department Reviewer Action Date Mayor Office p p ice i 1 tgby, 'Nancy Approved 4/16/2,019 ... 9:53 AM ATTACHMENTS: Description Type D Farmers Va,ur et Back04p'D CVpata°anisei Submitted by: Submitted By: Page 28 of 231 crrY OF WATERLOO IOWA PROCLAMATION WilEREASrural and urban farmers provide citizens with access to healthful, locally and regionally produced foods through farmers markets, which are expanding and evolving to accommodate the demand for a diverse array of agricultural products; and WHEREAS farmers markets and other agricultural direct marketing outlets provide infrastructure to assist in the distribution of farm and value- added products, thereby contributing approximately $9 billion each year to the U.S. economy, as well as significant contributions to the local economy; and farmers markets serve as significant outlets by which small -to - medium, new and beginning, and veteran agricultural producers market agricultural products, generating revenue that supports the sustainability of family farms and the revitalization of rural communities nationwide; and; farmers markets offer low-income adults, infants, children and seniors participating in the WIC, SNAP and EBT programs the opportunity to redeem their benefits to obtain fresh and nutritious locally -sourced foods; and the City of Waterloo recognizes the importance of expanding agricultural marketing opportunities that assist and encourage the next generation of farmers and growers; generate farm income to help stimulate business development and job creation; build community connections through rural and urban linkages and more; and the Waterloo Downtown Urban Farmers market is held on each Saturday morning, 8:00 a.m. until 12:00 noon, May through October, at the RiverLoop Expo Plaza; and I call upon all Waterloo citizens to attend the opening celebration of the Waterloo Downtown Urban Farmers Market and to patronize this, and other local farmers markets, on an ongoing basis. NOW, THEREFORE I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim Saturday, May 4, 2019, as WATERLOO DO OWN URBAN FA T K CK -OFF DAY, IN WITNESS VAIEREOF, 1 have hereunto set mv hand and caused the official ceal CITY OF WATERLOO Council Communication Proclamation declaring May 6, 2019 as Historic Preservation Month City Council Meeting: 4/22/2019 Prepared: REVIEWERS: Department Reviewer Action Date Mayor Office p nce i ll itgby, Nancy Approved 4/ 9/201 9 .... d 2:48 ATTACHMENTS: Description Type D ,tiat R 1 D:,uck aper IV1Iit. rn�a➢. Submitted by: Submitted By: Page 30 of 231 WHE CITY WA PROC [r• • pr 4 r p 4 I Pi, I I I WHEREAS, WHEREAS, 00, IOWA TION May is Historic Preservation Month; and Historic Preservation is an effective tool for economic development, tourism promotion, neighborhood revitalization, fostering local pride, and maintaining overall community character while enhancing livability; and Historic preservation can benefit Americans of all ages, walks of life, and ethnic backgrounds in communities; and It is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and The Waterloo Historic Preservation Commission will be holding its annual celebration of those who have made a difference in Waterloo Preservation over the last year on May 9th; and Waterloo currently has 24 National Register listings and 3 Historic Districts. NOW, THEREFORE Waterloo, May 2019, as ayor Quentin Hart, hereby proclaim in the city of HISTORIC PRESERVATION MONTH IN WITNESS likiliEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 6th day of May, 2019. ATTEST: Kelley Felchle City Clerk Quentin Hart Mayor ..... Page 31 o CITY OF WATERLOO Council Communication Proclamation declaring April 25-28, 2019 as Stand Against Racism Weekend City Council Meeting: 4/22/2019 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office illtgby, Nancy Approved 4/19/2,019 .... 12:47 1 ATTACHMENTS: Description Type D t 11 LBackjur CW it. r �a➢. Submitted by: Submitted By: Page 32 of 231 WHEREAS CITY OF WAT PROC V. 0, IOWA ON the Waterloo City Council of Waterloo, Iowa, proudly supports the YWCA of Black Hawk County in celebration of Stand Against Racism; and Stand Against Racism is now a sii ature campaign of YWCA USA to build community among those who work for racial justice and to raise awareness about the negative impact of institutional and structural racism in our communities. This campaign is one part of a larger national strategy to fulfill their mission of eliminating racism; and Founded by YWCA Trenton and YWCA Princeton in 2007, Stand Against Racism quickly grew to have a national presence by 2010, when an additional 80 YWCAs across the nation took a stand. In 2015, 152 YWCAs along with 650 community organizations across 44 states plus the District of Columbia joined in the Stand Against Racism. Community sites include: United Ways, Chambers of Commerce, state governments and other municipalities, universities and colleges, Fortune 500 companies and small businesses, houses of worship, schools, civic associations, nonprofit organizations, hospitals and others. We salute YWCA in its praiseworthy mission to eliminate racism, empower women, stand up for social justice, help families and strengthen communities. NoW, THEREFORE, I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim April 25 to April 28, 2019, as YWCA STAND AGAINST 'CISM WEE D IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 22nd day of April 2019. 11,, 1111111111111111 luuululuouuluouutlu,,, CITY OF WATERLOO Council Communication Resolution approving Variance to Noise Ordinance request from Ivan Frizell for a family summer fish fry and barbecue to be held at LS Exchange Park shelter on June 29, 2019, from 11:30 a.m. to 11:00 p.m., including a DJ and PA system. City Council Meeting: 4/22/2019 Prepared: 4/12/2019 REVIEWERS: Department Reviewer Action Date l opice .Department Mollis, Dave Approved 4/12/2019 .... 11:417 AIVp. Cperk Office ip phy, Nancy.Approved 44/16/2019... d0:p`pAM. ATTACHMENTS: Description SUBJECT: Submitted by: Recommended Action: S ummary S tatement: Expenditure Required: i; for Jun f 29th Type Cover Merrii Resolution approving Variance to Noise Ordinance request from Ivan Frizell for a family summer fish fry and barbecue to be held at LS Exchange Park shelter on June 29, 2019, from 11:30 a.m. to 11:00 p.m., including a DJ and PA system. Submitted By: Dave Mohlis, Police Captain Approve variance request Fish fry and barbeque event at Exchange Park to include DJ music and a PA system, on June 29th from 11:30am to 11:OOpm. None Page 34 of 231 APPLICANT'S NAME: APPLICANT'S ADDRESS: APPLICANT'S PHONE #: APPLICATION FOR VARIANCE TO NOISE ORDINANCE 1 ANTICIPATED DATE OF VARIANCE: NAME OF EVENT: i\j3141, TIMES OF DAY OF VARIANCE: GEOGRAPHICAL LOCATION OF VARIANCE: DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WH L EXCEED THE NOISE ORDINANCE, SUCH AS A BAND PLAYING, PA SYSTEM, ETC. ignature (IC CITY COUNCIL ACTION: Police Dept. Recommendation APPROVAL: APPROVAL: kf)- DENIAL: ci 6 IbC' DENIAL: DECIBEL LEVEL: Page 35 of 231 CITY OF WATERLOO Council Communication Resolution approving cancellation of assessment for property located at 1445 Meadow Lane in the amount of $186.39, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. City Council Meeting: 4/22/2019 Prepared: 4/17/2019 REVIEWERS: Department Reviewer Action Date Clerk 0Hicy, Rigby, Nancy Approved 4/17/2019 42:18 P SUBJECT: Resolution approving cancellation of assessment for property located at 1445 Meadow Lane in the amount of $186.39, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted by: Submitted By: Kelley Felchle, City Clerk Recommended Action: Approve cancellation of assessment and any applicable county fees. Summary Statement: Sewer - $74.82 Storm - $14.44 Garbage - $97.13 Page 36 of 231 CITY OF WATERLOO Council Communication Resolution approving cancellation of assessment for property located at 916 Denver Street in the amount of $196.11, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. City Council Meeting: 4/22/2019 Prepared: 4/17/2019 REVIEWERS: Department Reviewer Action Date t ncrk.Otl`Biceigby, Nancy Approved 4/17/201.9 12.23 PIVI SUBJECT: Resolution approving cancellation of assessment for property located at 916 Denver Street in the amount of $196.11, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted by: Submitted By: Kelley Felchle, City Clerk Recommended Action: Approve cancellation of assessment and any applicable county fees. Expenditure Required: Sewer - $112.15 Storm - $14.20 Garbage - $69.76 Page 37 of 231 CITY OF WATERLOO Council Communication Resolution approving cancellation of assessment for property located at 1221 W. 6th Street in the amount of $197.50, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. City Council Meeting: 4/22/2019 Prepared: 4/17/2019 REVIEWERS: Department Reviewer Action Date Clerk OHicy:, HHigby, Nancy Approved 4/17/2019 3:15 PM SUBJECT: Resolution approving cancellation of assessment for property located at 1221 W. 6th Street in the amount of $197.50, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted by: Submitted By: Kelley Felchle, City Clerk Recommended Action: Approve cancellation of assessment and any applicable county fees. Summary Statement: Sewer - $116.47 Storm - $16.73 Garbage - $64.30 Page 38 of 231 CITY OF WATERLOO Council Communication Resolution re -setting date of public hearing as May 6, 2019, in conjunction with the FY 2020 Complaint Mowing with Complaint Snow Removal contract, and instruct City Clerk to publish notice. City Council Meeting: 4/22/2019 Prepared: 4/17/2019 REVIEWERS: Department Reviewer Action Date Code En1orccmcrat h,��nn t,eAnn Approved 4/17/2019...4:15 P SUBJECT: Resolution re -setting date of public hearing as May 6, 2019, in conjunction with the FY 2020 Complaint Mowing with Complaint Snow Removal contract, and instruct City Clerk to publish notice. Submitted by: Submitted By: David R. Zellhoefer, City Attorney Recommended Action: Approve resolution. Summary Statement: The public hearing was set for April 29th which is the 5th Monday of the month. Public hearing needs to be re -set for May 6, 2019. The bid opening will remain on April 25, 2019 as previously approved. Page 39 of 231 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as May 6, 2019, to authorize the sale and conveyance of property located west of 3070 West Airline Highway, to Koelker Properties, LLC, in the amount of $1.00, and to approve a Development Agreement and Minimum Assessment Agreement for the development of three (3) industrial buildings within five (5) years, and instruct City Clerk to publish said notice. City Council Meeting: 4/22/2019 Prepared: 4/16/2019 REVIEWERS: Department Reviewer Action Date ping & /on_if.l! Schroeder, oeder, Au Approved 4/17/2,0 ugby, Nancy Approved. 4/17/20 .. ATTACHMENTS: Description Type J)-.ielop •F nt Aogeenrent Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: 10:p6 AM 0.0:28 A. M Resolution setting date of public hearing as May 6, 2019, to authorize the sale and conveyance of property located west of 3070 West Airline Highway, to Koelker Properties, LLC, in the amount of $1.00, and to approve a Development Agreement and Minimum Assessment Agreement for the development of three (3) industrial buildings within five (5) years, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning & Development Director Set date of hearing The City has owned the land since 2016. The phased agreement allows for three light industrial buildings to be built within five years. The first building will be constructed by the end of 2019 and have a minimum assessed value of $510,000.00. The remaining buildings will have separate agreements as they are developed. The Development will take up approximately 3 acres of land. None NA Policies 1, 3, and 4 in the Strategic Plan dealing with economic development. Not sell Parcel "E" per Plat of Survey recorded as Doc. No. 2016-11511, being a part of the Southeast Quarter (SE 1/4) of Section No. 5, Township No. 89 Page 40 of 231 Legal Descriptions: North, Range No. 13 West of the 5th P.M., City of Waterloo, Black Hawk County, Iowa, except Parcel "G" thereof per Plat of Survey filed as Doc. No. 2019-09618. [main parcel] and Tract "A" and Tract "B" per Plat of Survey recorded as Doc. No. 2019- 09617, being a part of the Southeast Quarter (SE 1/4) of Section No. 5, Township No. 89 North, Range No. 13 West of the 5th P.M., City of Waterloo, Black Hawk County, Iowa. [R 0 W to be vacated] and Tract "E" and Tract "F" per Plat of Survey recorded as Doc. No. 2019- 12692, being a part of the Southeast Quarter (SE 1/4) of Section No. 5, Township No. 89 North, Range No. 13 West of the 5th P.M., City of Waterloo, Black Hawk County, Iowa. [R 0 W to be vacated] and Parcel "H" per Plat of Survey recorded as Doc. No. 2019-12691, being a part of the Southeast Quarter (SE 1/4) of Section No. 5, Township No. 89 North, Range No. 13 West of the 5th P.M., City of Waterloo, Black Hawk County, Iowa. [80 foot parcel] Page 41 of 231 edia Air& - /41.71//ze Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704 Phone (319) 234-5701 DEVELOPMENT AGREEMENT -- Phased Development This Development Agreement (the "Agreement") is entered into as of , 2019, by and between Koelker Properties, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, 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 is willing and able to finance and construct buildings and related improvements on 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" 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"). The parties acknowledge that a portion of the Property is excess road right-of-way that has yet to be vacated and that City will not convey title to the vacated right-of-way until the vacation process has been completed. In addition, a portion of such right-of-way must be handled under the processes required by Iowa Code § 306.22 et seq. The parties also acknowledge that the easterly 80 feet, more or less, of the Property must be acquired Page 42 of 231 by City from the current owner. The City agrees, at its own cost, to act with appropriate diligence to undertake all necessary actions and required processes to assemble the Property. Conveyance, whether of the whole Property or a lesser part thereof, 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) general utility and right-of-way easements serving the Property; and (c) 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. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 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 without further obligation and return the abstract of title to City. 2. Phased Development. The parties contemplate that Company will develop the Property in phases, each of which is generally described as follows, although more detailed plans for each phase will be developed at one or more future dates: A. Phase 1. A commercial building of approximately 12,300 square feet. B. Phase 2. A commercial building or addition of 10,000 square feet. C. Phase 3. A commercial building or addition of 6,250 square feet. For each phase, City may require that Company submit specific building designs and site plans for City review and approval. Improvements to the Property completed within the schedule established by Section 4 below will be eligible for the benefits provided for in this Agreement, and any Phase of the Improvements not completed within the prescribed period will not be eligible for said benefits. 3. Improvements by Company. Company shall construct on the Property the improvements described in Section 2 above and also related parking, landscaping, and other improvements to the buildings and grounds (collectively, the "Improvements"). Parking for each phase of Improvements shall meet City's minimum requirements based on building use, occupancy, and future intended development on the Property. The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. The Property, the Improvements, and all site preparation and development -related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 2 Page 43 of 231 4. Timeliness of Conveyance and 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, or to cause the Property to be conveyed, to Company and that without said commitment City would not do so. A. Deadlines to commence and complete. Company must obtain a building permit and begin construction on Phase 1 Improvements within three (3) months after the date of this Agreement (the "Phase 1 Start Date") and must complete construction by December 31, 2019 (the "Phase 1 Completion Deadline"). If Company desires to undertake the Phase 2 Improvements and Phase 3 Improvements, it must complete construction of same within five (5) years of the date of this Agreement (the "Additional Phases Completion Deadline") in order to qualify for the tax rebates set forth in Section 9 with respect to each of such additional phases. For any phase, completion of construction shall be evidenced by issuance of an occupancy permit. B, Events triggering reverter of title. If, by the Project Start Date, Company has not in good faith begun construction of the Improvements upon the Property, then the City may terminate this Agreement following Company's failure to begin construction within thirty (30) days following written notice of default from City. If development has commenced by the Phase 1 Start Date or within any agreed period of extension 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 Phase 1 Completion Deadline shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension the City may terminate this Agreement following Company's failure to diligently undertake construction within thirty (30) days following written notice of default from City. If at any time Company fails to diligently undertake construction and other activities necessary for completion of the Phase 1 Project, then City may terminate this Agreement following Company's failure to resume and diligently carry on construction within thirty (30) days following written notice of default from City. 5. 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. Concurrently with delivery of the deed, Company shall also deliver to City the abstract of title. 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 3 Page 44 of 231 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. 6. 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. 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. Company further agrees that prior to the date set forth in Section 2 of Exhibit "B" it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the amount of $510,000.00 (the "Phase 1 Minimum Actual Value"), through: either; (i) willful destruction of the Property, the Improvements, or any part of (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. In connection with construction of Phase 2 Improvements and Phase 3 Improvements, the parties will execute and record separate amendments to the minimum assessment agreement for 4 Page 45 of 231 the purpose of increasing the Minimum Actual Value to an amount that reflects the value added by each of Phase 2 Improvements and Phase 3 Improvements. 9. Phase 2 and Phase 3 Tax Rebates. Provided that Company has completed the Phase 2 Improvements and the Phase 3 Improvements as set forth in this Agreement before the Additional Phases Completion Deadline and has executed an amendment to the Minimum Assessment Agreement as set forth in Section 8 above, City agrees to rebate property tax (with the exceptions noted below) as follows: Year One through Year Five 50% rebate each year (a) with respect to Phase 2 Improvements, for any taxable value over the starting Minimum Actual Value of $510,000.00, and (b) with respect to Phase 3 Improvements, for any taxable value over the Minimum Actual Value of Phase 1 and Phase 2 Improvements. 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 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 Phase 2 Improvements and the Phase 3 Improvements, as applicable, and not based on a prior year for which the assessment is based solely upon (x) the value of the Property, or upon (y) the value of the Property and a partial value of the applicable phase Improvements due to partial completion of such 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. 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: 5 Page 46 of 231 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 5% 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 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. 6 Page 47 of 231 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 , facsimile number , Attention: Delivery of notice shall be deemed to occur (1) 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 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 7 Page 48 of 231 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. [signatures on next page] 8 Page 49 of 231 CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk KOELKER PROPERTIES, LLC By: :74 Title: f,/ PERSONA. GUARANTY. The undersigned members and/or managers of Company hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein, if any. Liability of guarantors hereunder is joint and several. Ronald L. oelker 9 Page 50 of 231 EXHIBIT "A" Legal Description of Property Parcel "E" per Plat of Survey recorded as Doc. No. 2016-11511, being a part of the Southeast Quarter (SE 1/4) of Section No. 5, Township No. 89 North, Range No. 13 West of the 5th P.M., City of Waterloo, Black Hawk County, Iowa, except Parcel "G" thereof per Plat of Survey filed as Doc. No. 2019-09618. [main parcel] and Tract "A" and Tract "B" per Plat of Survey recorded as Doc. No. 2019-09617, being a part of the Southeast Quarter (SE 1/4) of Section No. 5, Township No. 89 North, Range No. 13 West of the 5th P.M., City of Waterloo, Black Hawk County, Iowa. [ROW to be vaca ted] and Tract "E" and Tract "F" per Plat of Survey recorded as Doc. No. 2019-12692, being a part of the Southeast Quarter (SE 1/4) of Section No. 5, Township No. 89 North, Range No. 13 West of the 5th P.M., City of Waterloo, Black Hawk County, Iowa. [ROW to be vacated] and Parcel "H" per Plat of Survey recorded as Doc. No. 2019-12691, being a part of the Southeast Quarter (SE 1/4) of Section No. 5, Township No. 89 North, Range No. 13 West of the 5th P.M., City of Waterloo, Black Hawk County, Iowa. [80 -foot parcel] Page 51 of 231 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2019, by and among the CITY OF WATERLOO, IOWA ("City"), KOELKER PROPERTIES, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area ("Project") within the City and within the 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 $510,000.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements (as defined in the Development Agreement) will be substantially completed on or before December 31, 2019. The parties contemplate a later amendment to this Agreement that increases the Minimum Actual Value in connection with additional planned improvements. 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, 2030. Nothing herein shall be deemed to waive the Company's rights under Iowa Code Page 52 of 231 § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the 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 KOELKER PROPERTIES, LLC By: By: Quentin M. Hart, Mayor Kelley Felchle, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK By: V� Title: On this _ _ day of , 2019, 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 2 Page 53 of 231 existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. STATE OF IOWA COUNTY OF BLACK HAWK ubscribed and sworn to before Notary Public ) ss. b\(v as Properties, LLC. PEGGY A. MORR S Notari l Seal - Iowa Commission No. 210201 My Commir:siN, 13,2(s,- , 2019, by of Koelker 3 Page 54 of 231 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 Five Hundred Ten Thousand Dollars ($510,000.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof. STATE OF IOWA COUNTY OF BLACK HAWK ) ss. ) Assessor for Black Hawk County, Iowa Date Subscribed and sworn to before me on , by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 55 of 231 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as May 6, 2019, to authorize the sale and conveyance of property located west of 3070 West Airline Highway, to 3 Stooges, LLC, in the amount of $1.00, and to approve a Development Agreement and Minimum Assessment Agreement for the development of two (2) industrial buildings, and instruct City Clerk to publish said notice. City Council Meeting: 4/22/2019 Prepared: 4/16/2019 REVIEWERS: Department Reviewer Action Date ring & Zoning Schroeder, Ar'ic Gte➢ected 4/11..7/20. 1 .... 10:446 A.M & Zorn�y Miller, Adrienne .Approved. �/I/2�ia 1.0:48 AIS & Zoning Schroeder, Arie.Approved 4[17/20 111:55 AM Clerk Office Rigby, Nancy Approved 4/F7/2019 11.10 AM ATTACHMENTS: Description Type Development Ageemernt Backup Mad niu➢ SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Resolution setting date of public hearing as May 6, 2019, to authorize the sale and conveyance of property located west of 3070 West Airline Highway, to 3 Stooges, LLC, in the amount of $1.00, and to approve a Development Agreement and Minimum Assessment Agreement for the development of two (2) industrial buildings, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning & Development Director Set date of hearing The City has owned the land since 2016. The phased agreement allows for two light industrial buildings to be built. the first building will be built within one year of this agreement and the second building will be constructed within 5 years of approval of the agreement. The first building will have a minimum assessed value of $624,580.00. The Development will take up approximately 3 acres of land. None NA Policies 1, 3, and 4 in the Strategic Plan dealing with economic development. Not sell Page 56 of 231 Legal Descriptions: Parcel "G" of Plat of Survey Doc. No. 2019-9618, being in the Southeast Quarter of Section 5, Township 89 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa. and Tract "C" and Tract "D" per Plat of Survey recorded as Doc. No. 2019- 9617, being a part of the Southeast Quarter (SE 1/4) of Section No. 5, Township No. 89 North, Range No. 13 West of the 5th P.M., City of Waterloo, Black Hawk County, Iowa. [ROW to be vacated] Page 57 of 231 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704 Phone (319) 234-5701 DEVELOPMENT AGREEMENT — Phased Development This Development Agreement (the "Agreement") is entered into as of , 2019, by and between 3 Stooges, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, 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 is willing and able to finance and construct buildings and related improvements on 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" 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 of the Property 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) general utility and right-of-way easements serving the Property; and (c) 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 Page 58 of 231 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. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 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 without further obligation and return the abstract of title to City. 2. Phased Development. The parties contemplate that Company will develop the Property in phases, each of which is generally described as follows, although more detailed plans for each phase will be developed at one or more future dates: A. Phase 1. A commercial warehouse of approximately 16,000 square feet. B. Phase 2. A commercial building or addition of 16,000 square feet. C. Phase 3. A commercial building or addition. For each phase, City may require that Company submit specific building designs and site plans for City review and approval. Improvements to the Property completed within the schedule established by Section 4 below will be eligible for the benefits provided for in this Agreement, and any Phase of the Improvements not completed within the prescribed period will not be eligible for said benefits. 3. Improvements by Company. Company shall construct on the Property the improvements described in Section 2 above and also related parking, landscaping, storm water detention facilities, and other improvements to the buildings and grounds (collectively, the "Improvements"). Parking for each phase of Improvements shall meet City's minimum requirements based on building use, occupancy, and future intended development on the Property. The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. The Property, the Improvements, and all site preparation and development -related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 4. Timeliness of Conveyance and 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, or to cause the Property to be conveyed, to Company and that without said commitment City would not do so. 2 Page 59 of 231 A. Deadlines to commence and complete. Company must obtain a building permit and begin construction on Phase 1 Improvements within three (3) months after the date of this Agreement (the "Phase 1 Start Date") and must complete construction within twelve (12) months after the date of this Agreement (the "Phase 1 Completion Deadline"). If Company desires to undertake the Phase 2 Improvements and Phase 3 Improvements, it must complete construction of same within five (5) years of the date of this Agreement (the "Additional Phases Completion Deadline") in order to qualify for the tax rebates set forth in Section 10 with respect to each of such additional phases. For any phase, completion of construction shall be evidenced by issuance of an occupancy permit. B. Events triggering reverter of title. If, by the Project Start Date, Company has not in good faith begun construction of the Improvements upon the Property, then the City may terminate this Agreement following Company's failure to begin construction within thirty (30) days following written notice of default from City. If development has commenced by the Phase 1 Start Date or within any agreed period of extension 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 Phase 1 Completion Deadline shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension the City may terminate this Agreement following Company's failure to diligently undertake construction within thirty (30) days following written notice of default from City. If at any time Company fails to diligently undertake construction and other activities necessary for completion of the Phase 1 Project, then City may terminate this Agreement following Company's failure to resume and diligently carry on construction within thirty (30) days following written notice of default from City. Upon termination of this Agreement as provided in this paragraph, title to the Property shall revert to the City. 5. 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. Concurrently with delivery of the deed, Company shall also deliver to City the abstract of title. 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 irrevocably constitute and appoint City as its attorney-in-fact. 3 Page 60 of 231 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. 6. 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. 7. Option to Acquire Additional Land. If City vacates excess right of way between the Property and Airline Highway, Company will have an option to purchase such right of way for the sum of $1.00, subject to City's completion of all disposition procedures required by governing law. Said option may be exercised within ten (10) years after the date of this Agreement, provided that no reverter of title has occurred with respect to the Property. 8. 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. 9. 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. Company further agrees that prior to the date set forth in Section 2 of Exhibit "B" it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the amount of $624,580.00 (the "Phase Minimum Actual Value"), through: either; (i) willful destruction of the Property, the Improvements, or any part of (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. 4 Page 61 of 231 Company agrees to sign said attached Exhibit "B" at the closing. In connection with construction of Phase 2 Improvements and Phase 3 Improvements, the parties will execute and record separate amendments to the minimum assessment agreement for the purpose of increasing the Minimum Actual Value to an amount that reflects the value added by each of Phase 2 Improvements and Phase 3 Improvements. 10. Phase 2 and Phase 3 Tax Rebates. Provided that Company has completed the Phase 2 Improvements and the Phase 3 Improvements as set forth in this Agreement before the Additional Phases Completion Deadline and has executed an amendment to the Minimum Assessment Agreement as set forth in Section 9 above, City agrees to rebate property tax (with the exceptions noted below) as follows: Year One through Year Five 50% rebate each year (a) with respect to Phase 2 Improvements, for any taxable value over the starting Minimum Actual Value of $510,000.00, and (b) with respect to Phase 3 Improvements, for any taxable value over the Minimum Actual Value of Phase 1 and Phase 2 Improvements. 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 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 Phase 2 Improvements and the Phase 3 Improvements, as applicable, and not based on a prior year for which the assessment is based solely upon (x) the value of the Property, or upon (y) the value of the Property and a partial value of the applicable phase Improvements due to partial completion of such Improvements or a partial tax year. 11. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 5 Page 62 of 231 12. 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. 13. 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 5% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 14. 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. 15. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City 6 Page 63 of 231 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. 16. 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 P.O. Box 203, Waterloo, Iowa 50704, Attention: Managing Member. 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. 17. 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. 18. 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. 19. 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 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. 7 Page 64 of 231 20. 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. 21. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 22. 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. 23. 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. 24. 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. [signatures on next page] 8 Page 65 of 231 CITY OF WATERLOO, IOWA 3 STOOGES, LLC By: By: Quentin M. Hart, Mayor Anthony Fischels Managing Member Attest: Kelley Felchle, City Clerk PERSONAL GUARANTY. The undersigned members and/or managers of Company hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein, if any. Liability of guarantors hereunder is joint and several. Anthony Fischels Chris Fischels 9 Page 66 of 231 EXHIBIT "A" Legal Description of Property Parcel "G" of Plat of Survey Doc. No. 2019-9618, being in the Southeast Quarter of Section 5, Township 89 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa. Page 67 of 231 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2019, by and among the CITY OF WATERLOO, IOWA ("City"), 3 STOOGES, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area ("Project") within the City and within the 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 $624,580.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements (as defined in the Development Agreement) will be substantially completed on or before July 1, 2020. The parties contemplate a later amendment to this Agreement that increases the Minimum Actual Value in connection with additional planned improvements. 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, 2027. Nothing herein shall be deemed to waive the Company's rights under Iowa Code Page 68 of 231 § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the 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 3 STOOGES, LLC By: By: Quentin M. Hart, Mayor Anthony Fischels Managing Member By: Kelley Felchle, City Clerk STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of , 2019, 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 2 Page 69 of 231 existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2019, by Anthony Fischels as Managing Member of 3 Stooges, LLC. Notary Public 3 Page 70 of 231 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 Six Hundred Twenty -Four Thousand Five Hundred Eighty Dollars ($624,580.00) 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 , by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 71 of 231 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as May 6, 2019, to authorize the sale and conveyance of property located northeast of 2510 Leversee Road, to Prosper Farm Network, LLC, in the amount of $1.00, and to approve a Development Agreement and Minimum Assessment Agreement for the development of a truck wash, and instruct City Clerk to publish said notice. City Council Meeting: 4/22/2019 Prepared: 4/16/2019 REVIEWERS: Department Reviewer Action Date ning& /oou_if.! Schroeder, Arne Approved 4/17/2,0 ashy, Nancy Approved. 4/17/20 .. SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Legal Descriptions: d 0:445 A 1.054A.MI Resolution setting date of public hearing as May 6, 2019, to authorize the sale and conveyance of property located northeast of 2510 Leversee Road, to Prosper Farm Network, LLC, in the amount of $1.00, and to approve a Development Agreement and Minimum Assessment Agreement for the development of a truck wash, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning & Development Director Set date of hearing The City is working towards platting and developing approximately 380 acres of land west of the Airport. Prosper Farm Network is looking to construct a truck wash near the intersection of Leversee Road and Lone Tree Road with a minimum assessed value of $1,500,000.00. None NA Policies 1, 3, and 4 in the Strategic Plan dealing with economic development. Not sell THE PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 32, TOWNSHIP 90 NORTH, RANGE 13 WEST OF THE 5TH P.M., CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 32; THENCE, NI°23'06"W 1410.21' ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32; THENCE, N89°21'21"E 33.00' TO A POINT ON THE EAST RIGHT OF WAY Page 72 of 231 LINE OF LEVERSEE ROAD, SAID POINT BEING THE POINT OF BEGINNING; THENCE, NI°23'06"W 500.04' ALONG SAID EAST RIGHT OF WAY LINE; THENCE N89°21'21"E 416.26'; THENCE, S0°38'39"E 500.00' THENCE, S89°21'21"W 409.80' TO THE POINT OF BEGINNING, CONTAINING 4.74 ACRES. Page 73 of 231 CITY OF WATERLOO Council Communication Resolution setting a date of public hearing as May 6, 2019, to approve a Hangar and Ground Site Lease Agreement with A -Line ALO, LLC for property located at 2802-2850 Livingston Lane, in the amount of $364.58 per month, for a term ending December 31, 2058, and instruct the City Clerk to publish notice. City Council Meeting: 4/22/2019 Prepared: 3/27/2019 REVIEWERS: Department Reviewer GpInning &; Zoning 1-0,�d n 1,LAnn Action Approved ATTACHMENTS: Description Type Darid 1...,d:°ase Backup Materidi➢ SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Date 4/17/2019 .... 4:56 Resolution setting a date of public hearing as May 6, 2019, to approve a Hangar and Ground Site Lease Agreement with A -Line ALO, LLC for property located at 2802-2850 Livingston Lane, in the amount of $364.58 per month, for a term ending December 31, 2058, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director Approval. A -Line ALO is proposing to construct a hangar at the Waterloo Regional Airport. The lease proposed is for is for leasing land for the hangar to sit upon. The lease rate is $364.58 per month ($0.125 per square foot per year - 35,000SF= $4,375.00 per year). There are two- 5 -year extension options on the lease. The hangar will be utilized for private aircraft stroage and private aircraft maintenance. There will also be a Fuel Flowage Fee imposed by the Airport Operator if the tenant installs a self -fueling station for the sole purpose of fueling company aircraft. N/A N/A Land Use Page 74 of 231 Legal Descriptions: LEASE AREA DESCRIPTION:PART OF THE EAST HALF OF SECTION 5, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P.M., CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT THE NORTHWESTERLY CORNER OF LOT 1, MIDPORT AMERICA PARK PLAT NUMBER 1;THENCE NORTH 03°02'57" WEST, 338.20 FEET TO THE POINT OF BEGINNING; THENCE NORTH 90°00'00" WEST, 140.00 FEET;THENCE NORTH 00°00'00" EAST, 250.00 FEET;THENCE NORTH 90°00'00" EAST, 140.00 FEET;THENCE SOUTH 00°00'00" EAST, 250.00 FEET TO THE POINT OF BEGINNING;CONTAINING 0.803 ACRE (35,000 SQ. FT.), SUBJECT TO OTHER LEASES AND EASEMENTS OF RECORD.NOTE: THE NORTH LINE OF SAID LOT 1 IS ASSUMED AS BEARING SOUTH 66°22'13" WEST. Page 75 of 231 REcd CRUISE A NEW ALTITUDE and A -LINE ALO, LLC Hangar and Ground Site Lease Agreement Effective Date: January 1, 2019 Page 76 of 231 TABLE OF CONTENTS Page ARTICLE 1- PREMISES 1 ARTICLE 2 - OBJECTIVES AND PURPOSE OF LEASE 1 Section 2.01 Use of Premises. 1 Section 2.02 Prohibited Uses. 2 Section 2.03 Conduct of Operations on Premises. 2 ARTICLE 3 - TERM AND COMPENSATION 3 Section 3.01 Initial Term 3 Section 3.02 Rent 3 Section 3.03 Options to Renew. 3 Section 3.04 Future Adjustments of Rents and Fees 4 Section 3.05 Holding Over. 4 Section 3.06 Late Charges 4 Section 3.07 Surrender of Possession 4 Section 3.08 Chronic Late Payment. 5 Section 3.09 Dishonored Checks. 5 Section 3.10 Application of Payment 5 ARTICLE 4 - OPERATOR'S FUTURE CONSTRUCTION REQUIREMENT 5 Section 4.01 Requirements for Improvements on Premises 5 Section 4.02 Initial Construction Dates 5 Section 4.03 Approvals of Construction Plans 6 Section 4.04 Extension of Utilities or Special Facilities. 6 Section 4.05 Construction of Additional or Future Facilities 6 Section 4.06 AIterations or Repairs to Premises. 6 Section 4.07 Lien Indemnification. 6 Section 4.08 Cost of Construction and Alterations. 7 Section 4.09 As -Built Drawings 7 Section 4.10 Security Interest on Leasehold Improvements for Construction. 7 Section 4.11 Ownership of Improvements. 8 Section 4.12 Performance Bonds — Construction Guarantee. 8 Page 77 of 231 ARTICLE 5 - OBLIGATIONS OF OPERATOR 9 Section 5.01 Net Lease 9 Section 5.02 Maintenance and Operation 9 Section 5.03 Utilities. 10 Section 5.04 Trash, Garbage, Etc 10 Section 5.05 Signs. 10 Section 5.06 Non -Discrimination 10 Section 5.07 Observance of Statutes and Regulations. 11 Section 5.08 Hazard Lights. 11 Section 5.09 Airport Security. 11 ARTICLE 6 - OBLIGATIONS OF THE AIRPORT 11 Section 6.01 Operation as a Public Airport. 11 Section 6.02 Ingress and Egress. 12 Section 6.03 Snow Removal Operation and Turf Maintenance 12 ARTICLE 7 — AIRPORT'S RESERVATIONS 12 Section 7.01 Improvement, Relocation or Removal of Structure. 12 Section 7.02 Airfield Operations 12 Section 7.03 Inspection of Premises 12 ARTICLE S - INDEMNITY AND INSURANCE 13 Section 8.01 Indemnification. 13 Section 8.02 Insurance. 13 Section 8,03 Environmental Impairment 14 Section 8.04 Fire and Extended Coverage Insurance. 14 Section 8.05 Waiver of Subrogation 14 Section 8.06 Application of Insurance Proceeds 15 Section 8.07 Performance Bonds. 15 Section 8.08 Destruction of Premises (Uninsured Cause) 15 ARTICLE 9 - CANCELLATION BY THE AIRPORT 15 Section 9.01 Events of Default by Operator 15 ii Page 78 of 231 Section 9.02 Remedies for Operator's Default. 16 ARTICLE 10 - CANCELLATION BY OPERATOR FOR EVENTS OF DEFAULT BY AIRPORT 17 Section 10.01 Event of Default by Airport 17 Section 10.02 Remedies for Airport's Default. 18 ARTICLE 11- RIGHTS UNDER TERMINATION 18 Section 11.01 Fixed Improvements 18 Section 11.02 Personal Property. 18 ARTICLE 12 - ASSIGNMENT AND SUBLETTING 19 Section 12.01 Assignment 19 ARTICLE 13 - QUIET ENJOYMENT 19 ARTICLE 14 - GENERAL PROVISIONS 19 Section 14.01 Non -Interference with Operations of Airport 19 Section 14.02 Attorney's Fees. 19 Section 14.03 Taxes and Special Assessments. 20 Section 14.04 Right to Contest 20 Section 14.05 License, Fees and Permits. 20 Section 14.06 Non -Exclusive Rights 20 Section 14.07 Paragraph Headings 20 Section 14.08 Interpretations 20 Section 14.09 Non -Waiver 20 Section 14.10 Severability 21 Section 14.11 Binding Effect. 21 Section 14.12 No Partnership 21 Section 14.13 Duty to be Reasonable 21 Section 14.14 Notices 21 Section 14.15 Entire Agreement. 21 Section 14.16 No Construction Against Drafting Party. 22 Section 14.17 Third -Party Beneficiaries, 22 Section 14.18 Authorization and Execution 22 iii Page 79 of 231 THE CITY OF WATERLOO - WATERLOO REGIONAL AIRPORT and A -LINE ALO, LLC LEASE SUMMARY TYPE OF AGREEMENT Hangar and Ground Site Lease Agreement TENANT A -Line ALO, LLC REPRESENTATIVE(S) Benjamin Stroh NOTICE ADDRESS 808 Dearborn Avenue, Waterloo, Iowa 50703. Office: 233-16921 Mobile: 504-1616 EFFECTIVE DATE January 1, 2019 TERM 40 years RENEWAL OPTIONS Operator has an option to further extend the lease agreement beyond the full 40 -year term• Operator's option shall extend to no greater than two (2) five (5) year option periods. TERMINATION DATE Initial Term: December 31, 2058 LEASEHOLD / ASSIGNED PREMISES Ground Site: TBD pending final construction drawings INITIAL RENTAL RATE Ground Rent - $364.58 per month ($0.125 per s.f per year- 35,000 s.f. — $4,375.00 per Yr.) - RENTAL ADJUSTMENT Adjusted by CPI, Midwest Region every five years OTHER FEES, RATES AND CHARGES A Fuel Flowage Fee (FFF) will be imposed by the Airport Operator if the tenant installs a self -fueling station for the sole purpose of fueling company aircraft. Fuel Flowage Fee, at Cents per Gallon, will be the same FFF as the Operator imposes on other aviation tenants as part of the Airport's Standard Rates and Charges. AUTHORIZED USE(S) Private aircraft storage and private aircraft maintenance. Note: This summary is presented as a reference of the agreement information at the time of execution. If there is a discrepancy between the information contained in this summary and the requirements contained in the remainder of the agreement, the requirements as stated in the remainder of the agreement will prevail. iv Page 80 of 231 City of Waterloo, Iowa and Waterloo Regional Airport AND A -LINE ALO, LLC Ground Site Lease Agreement THIS GROUND SITE LEASE AND DEVELOPMENT AGREEMENT (hereinafter referred to as the "Agreement", is entered into on , 2019, to be effective as of the Effective Date stated in Section 3.01, by and between the City of Waterloo, Iowa, c/o Waterloo Regional Airport (hereinafter referred to as the "Airport"), and A -LINE ALO, LLC, an Iowa Limited Liability Company (hereinafter referred to as the "Operator"). WITNESSETH: In consideration of the lease of certain real property and the covenants and agreements contained herein, the parties agree as follows: ARTICLE 1 PREMISES 1. The Airport hereby leases to Operator, for its and its Affiliates' (as defined herein) exclusive use as specifically authorized herein, and for no other use except as agreed to, and authorized herein, a tract(s) of land for construction of a hangar building as described below and located at the Waterloo Regional Airport (the "Airport"), on a plot of land containing approximately 35,000 square feet (140' x 250'), as shown on Exhibits A, B, & C attached hereto and incorporated herein by reference (the "Premises"). ARTICLE 2 OBJECTIVES AND PURPOSE OF LEASE Section 2.01 Use of Premises 1. The Operator's use of the Premises, including building[s] and facilities constructed thereon, is limited to the private storage and maintenance of Operator's and its Affiliates' aircraft, and those uses incidental thereto, in accordance with the Airport Rules & Regulations. For the purpose of this Agreement, the term "Affiliates" shall include any entity under the common control of A - Line ALO, LLC. 2. The Operator and its Affiliates, in addition to the use of the Premises, shall be entitled to the general use, in common with others, of all Airport facilities made available for use to the general public except as may be otherwise hereinafter provided. 3. For the purpose of this Agreement, "Airport facilities" shall include runways, taxiways, ramps, aircraft and automobile parking areas, roadways, sidewalks, navigation and navigational aids, lighting facilities, terminal facilities, aircraft fueling facilities or other areas of the Airport, that have been constructed at Airport's expense for the benefit of the Operator, Operator's tenants, and the general public. Provided, however, that the use of the above-mentioned airport facilities, by the Operator, shall be subject to their full compliance with such rules and regulations as now exist or may hereafter be enacted by the Airport. Operator understands and agrees that approved uses of Airport facilities are also subject to the payment of such fees and charges, including, but not limited to, landing fees, fuel flowage fees, airfield access charges, commissions on gross receipts, or ground site rents, if any, as may be established from time to time by the Airport for 1 Page 81 of 231 the maintenance, operation or replacement of the Airport, and Airport related facilities, with the parties' intent being that Operator be treated no differently from other users of Airport. The Airport will provide the Operator with notice and an opportunity to comrnent prior to implementation of any such new fees, and charges. 4. The aircraft maintenance permitted on the Premises is maintenance that can routinely be performed by the Operator and its Affiliates, employees of the Operator and its Affiliates, or persons contracted by the Operator and its Affiliates to perform warranty or specialty work, having the required licenses, certificates and permits to perform the work. Referenced maintenance shall be accomplished in accordance with all applicable building and fire codes and Airport Rules and Regulations / Minimum Standards. Section 2.02 Prohibited Uses The following activities are expressly prohibited: 1. The Operator may not use any part of the Premises or the improvements located thereon for any aviation or non -aviation activity or purpose, other than as expressly set forth and authorized in Section 2.01, unless such use is approved, in writing, by the Airport. 2. Operator may not offer commercial aeronautical services to the public from the Premises. 3. The Operator will not block the taxiways, runways or aircraft ramps or store aircraft upon taxiways or grass areas of the Airport. 4. The operation of automobiles, trucks, or other vehicles in the Air Operations Areas (AOA) of the Airport is prohibited, without approval of the Airport. S. The Operator, if constructing a self -fueling station, shall not undertake fueling operations for non - company aircraft, or retail fuel to non -company aircraft. Said self -fueling station shall be used only by Operator or employees of the Operator. 6. Any other activity not specifically authorized by this Agreement. Section 2.03 Conduct of Operations on Premises In its exercise and carrying out of the rights, privileges, duties, and obligations granted herein, and in its use of the Premises, Operator hereby obligates itself, and agrees to obligate all of its sub -lessees and/or occupants, to the following requirements and regulations: 1. Operator shall not consent to any unlawful use of the Premises, nor permit any such unlawful use thereof. 2. Operator agrees that all local, federal and state ordinances and laws will be observed in its use and occupancy of the Premises, including the rules and regulations of the federal and state aeronautical authorities and the local governing authorities. 3. Operator shall comply with all Airport rules, regulations and ordinances as they now exist or may hereafter be amended or adopted. 4. The operations of Operator, its sub -lessees, employees, invitees and those doing business with it, shall conduct all activities in an orderly and proper manner so as not to annoy, disturb or be offensive to others at the Airport. The Airport shall have the right to complain to Operator as to the demeanor, conduct and appearance of Operator's employees, sub -lessees, invitees and those doing business with it, and as to its and/or their failure to utilize said facilities at times, and in the manner, and according to the standards, mandated by the Airport, whereupon Operator will take 2 Page 82 of 231 all steps reasonably necessary to remove the cause of the complaint and bring the operations and services into compliance with such standards as promptly as possible. 5. Operator shall comply with all rules and regulations of the local and/or state fire marshal in the conduct of its operations on the Premises. 6. Operator shall abide by all environmental laws, rules and regulations contained in the Rules and Regulations as are applicable to Operator's activities. 7. Operator shall be responsible for the payment of water, gas and sewer charges and electric current, telephone service and other utilities utilized or consumed on the Premises and shall separately meter same. 8. Operator may have coin-operated telephones in the building[s] on the Premises, and may have any other reasonably appropriate vending machines as Operator deems necessary and appropriate on the Premises without having to secure the written consent of Airport. 9. Operator shall not use or permit the Premises to be used for the sale to its employees or to the public of any goods or services not directly related to those activities authorized in this Agreement. The Airport reserves the right to further develop its land and to lease the same for any lawful purpose whatsoever or to provide any services it deems necessary or desirable in its sole and absolute discretion, for the public, regardless of the desires or views of Operator, and without interference or hindrance. ARTICLE 3 TERM AND COMPENSATION Section 3.01 Initial Term The initial term of this Agreement shall be for forty (40) years, effective January 1, 2019 (the "Effective Date"), and terminating at 11:59 p.m. on December 31, 2058, subject to earlier termination as provided herein. Section 3.02 Rent 1. Ground Site Rent. In addition to financing all improvements and development of the Premises, the Operator shall pay an annual ground rent of $4,375.00, which is equal to $0.125 per square foot for 35,000 square feet of improved ground site. Said agreed rent shall be paid in advance monthly on the first day of each month in twelve (12) equal installments of $364.58. Rent is subject to adjustment as set forth in Section 3.04. 2. Payments. All payments are to be made at the office of the Waterloo Regional Airport, 2790 Livingston Lane, Waterloo, Iowa 50701. Payments are due on or before the first day of each month, starting the first month following the month in which an occupancy permit is first issued to Operator. Section 3.03 Options to Renew 1. Operator shall have the option to renew this Agreement for two (2) additional five (5) year (sixty (60) month) periods, provided that Operator is not then in default of this Agreement. The Operator may exercise its option to renew this Agreement by giving the Airport written notice of Operator's desire to renew at least one hundred eighty (180) days prior to the expiration of the Initial Term and the first renewal term, as applicable. 3 Page 83 of 231 2. Upon termination of this Agreement, through default or lapse of time, all fixed improvements to the Premises shall, automatically and without payment of any compensation, become property of the City of Waterloo / Airport as detailed in Article 11. Section 3.04 Future Adjustments of Rents and Fees As of the fifth anniversary of the Effective Date, and every five years thereafter, the annual rental payment shall be adjusted to reflect changes in economic conditions by multiplying the rental by a fraction, the denominator of which is the Consumer Price Index All Urban Consumers, All Cities, non - seasonally adjusted, (CPI, Midwest Region) 1982-1984 = 100, published by the Bureau of Labor Statistics of the United States Department of Labor (the "Index") for the third month preceding the Effective Date and the numerator of which is the Index for the third month immediately preceding the beginning of each fifth year. In no event shall the Operator's rental obligation be reduced below the rent that is initially established by this Agreement. Should the United States Government revise its price index at any time, the parties hereto will follow such suggestions as the Government may issue for making an arithmetical changeover from one index to another. Should the price index be wholly discontinued, then its successor or the most nearly comparable successor index thereof, adjusted back to the date that is three (3) months prior to the date of this Agreement, shall be used. Section 3.05 Holding Over If Operator holds possession of the Premises after the expiration or termination of the Term, including any renewal term, by lapse of time or otherwise, Operator shall become a tenant at sufferance upon all of the terms contained herein, except as to Lease Term and Rent. During such holdover period, Operator shall pay to the Airport a monthly rental equivalent to one hundred fifty percent (150%) of the Rent payable by Operator to the Airport with respect to the last month of the Lease Term. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession. Without limiting the foregoing, Operator hereby agrees to indemnify, defend and hold harmless the Airport, its officials, agents, contractors and employees, from and against any and all claims, liabilities, actions, losses, damages (including without limitation, direct, indirect, incidental and consequential) and expenses (including, without limitation, court costs and reasonable attorneys' fees) asserted against or sustained by any such party and arising from or by reason of such retention of possession, which obligations shall survive the expiration or termination of the Lease Term. Nothing herein shall be construed as requiring Airport to allow Operator to hold over, and doing so shall not be a waiver of any of Airport's rights at termination. Section 3.06 Late Charges The Operator shall pay to the Airport a late charge equal to 1.5% per month on all rent and fee charges which are 30 days past due. Said late charge shall commence on the past due amount from the date said payment was due and shall be computed to the date the past due amount is paid. This shall be in addition to, and in no way alters, any other rights reserved to the Airport, or existing in the Airport by virtue of the laws of the State of Iowa, or by the terms of this Agreement. Section 3.07 Surrender of Possession At the expiration of the term of this Agreement, including any renewal term(s), whether by lapse of time or otherwise, Operator shall promptly and peacefully surrender the Premises to the Airport in the condition in which it was received, subject to those improvements as outlined in Article 4 below and reasonable wear. 4 Page 84 of 231 Section 3.08 Chronic Late Payment Airport may also terminate this Agreement for the reason that Operator is chronically late with rental payments. Chronic late payments are defined as making a rental payment more than ten (10) days after the due date on three (3) or more occasions during any consecutive 12 -month period during the term of this Agreement. Section 3.09 Dishonored Checks If Operator makes a payment due under this Agreement with a check or other payment method that has been returned/dishonored by the bank, Operator shall pay a $20.00 administrative fee to Airport and shall also reimburse Airport for any fees charged to Airport by its bank (collectively, "Dishonored Funds Fees"), payable with the next rental payment due after receipt of Airport's written demand for such fee. This amount is in addition to the "Late Fee". Dishonored Funds Fees shall be deemed additional rent. Section 3.10 Application of Payment Money paid by Operator to Airport shall be applied first to interest, second to court costs legally chargeable to Operator, third to attorney fees chargeable to Operator, fourth to outstanding repair bills that are the responsibility of the Operator, and fifth toward rent. ARTICLE 4 OPERATOR'S CONSTRUCTION REQUIREMENTS Section 4.01 Requirements for Improvements on Premises Unless otherwise agreed by the Airport, Operator shall, at its sole expense, construct on the Premises, as provided in Sections of this Article 4, such buildings, structures, fencing, roadways, utility lines, additions, and improvements as are necessary in furtherance of the purposes set forth in Article 2, and the Operator shall install herein and thereon such equipment and facilities as the Operator or the Airport may deem necessary or desirable. Provided, however, that no building, structure, fencing, roadway, utility lines, addition or improvement of any nature shall be made or installed by the Operator without the prior written consent of the Airport as herein provided. The Operator shall provide to Airport, upon written request, with proof that funds necessary to complete construction of the improvements have been irrevocably dedicated to such construction. All improvements constructed under this Agreement shall be in accordance with all applicable laws, rules, regulations and ordinances. Section 4.02 Initial Construction Dates Construction of the initially approved Operator Improvements, which are more fully described in Exhibit D attached hereto and fully incorporated herein by reference, on the Premises shall begin no later than 120 days from the date the City / Airport approves such construction, and shall be completed no later than 12 months from the date of such approvals, or a date as mutually agreed to by Airport and Operator in writing. Operator shall be responsible, at its own expense, to demolish any structures or other improvements on the Premises that obstruct or interfere with approved Operator Improvements, to properly abate any asbestos or other Hazardous Materials as defined in Section 8.03, and to properly and safely dispose of demolition materials, including but not limited to hazardous materials, away from the Airport. In the event Operator shall fail to begin construction within the initial 120 -day period, Airport shall have the right to terminate construction authorization and this Agreement, through written notice. In the event 5 Page 85 of 231 Operator shall fail to complete construction within the 12 -month construction period, Airport shall have the right to terminate this Agreement through written notice, after filing a claim against the performance bond provided in accordance with Section 4.12 in order to fund the completion of the construction. Even if this Agreement is terminated for non-performance, Operator shall remain obligated to pay any unpaid rent or other charges. Section 4.03 Approvals of Construction Plans The Operator covenants and agrees that prior to the preparation of detailed construction plans, specifications and architectural renderings of any such building, structure, roadway, addition or improvement, it shall first submit plans showing the general site plan, design and character of improvements and their locations, including drainage and roadways to the Airport for approval. The Airport agrees to review such plans within 30 days of receipt from the Operator. The Operator covenants and agrees that prior to the installation or construction of any present and future building, roadway, structure, addition or improvement on the Premises, it shall first submit to the Airport / City Planning and Zoning, for final approval, final detailed construction plans and specifications and architectural renderings prepared by registered architects and engineers, and that all construction will be in accordance with such plans and specifications, and all other applicable rules, regulations, laws and ordinances. Section 4.04 Extension of Utilities or Special Facilities The Operator shall contract, and extend, at its sole expense, all necessary utility, electrical, water, sewer and other lines needed to service any hangars and buildings initially constructed or constructed in the future by the Operator on the Premises. Airport will cooperate with relocation of utilities and related easements as necessary. The Operator shall construct for the Premises, at its expense, connecting roadways and taxiways to the existing roadway and taxiway systems. All utility extensions, relocations, and other construction shall be undertaken by Operator at its own expense and in accordance with all applicable City Codes and ordinances. Section 4.05 Construction of Additional or Future Facilities The Operator has the right to construct additional buildings or facilities on the Premises. Prior to such construction, the Operator agrees to submit to the Airport for approval, final plans, specifications and architectural renderings prepared by registered architects and engineers, and comply with all other requirements of Section 4.03. The use of additional or future facilities shall also be subject to the terms and conditions hereof. Section 4.06 Alterations or Repairs to Premises The Operator shall not construct, install, remove and/or modify external or structural portions of the buildings constructed upon the Premises without the prior written approval of the Airport. The Operator shall submit for approval by the Airport, its plans and specifications for any proposed proj ect and shall comply with all applicable code requirements and such other conditions considered by the Airport to be necessary. The Operator can make internal improvements to the Premises without the Airport's consent as long as said changes meet all applicable Code requirements. Section 4.07 Lien Indemnification Operator shall keep the Premises and the building(s) free from liens arising out of any work performed and/or materials ordered, or from any obligations incurred by Operator. In the event any person or corporation shall, as a result of construction work being performed by or for the Operator, attempt to 6 Page 86 of 231 assess a lien against the Premises, the Operator shall hold the Airport harmless from such claim, including the cost of defense. Section 4.08 Cost of Construction and Alterations Within thirty (30) days of completion of the construction or alterations, the Operator shall present to the Airport for examination and approval a sworn statement of the construction and/or alteration costs. Construction and/or alteration costs for the purpose of this Section are hereby defined as all money paid by the Operator for actual site preparation, construction or alteration, including architectural and engineering costs plus pertinent fees in connection therewith. In the event that the Operator makes further improvements or alterations on the Premises, the use thereof shall be enjoyed by the Operator during the term hereof without the additional rental therefor. Section 4.09 As -Built Drawings Within one -hundred eighty (180) days following completion of any future construction by the Operator and any subsequent additions, alterations or improvements, the Operator shall present to the Airport a complete set of "As -Built" drawings including, but not limited to, architectural renderings, specifications, plumbing, and electrical plans. Section 4.10 Security Interest on Leasehold Improvements for Construction Operator is not authorized to initiate a security interest in property or facilities financed and constructed by the Airport. Operator shall have the right to place a security interest, hereinafter referred to as "the mortgage," upon, and for, improvements financed by the Operator on the Premises only and shall not encumber or be a lien upon the land. All of the Operator rights and obligations under this Agreement shall inure to the benefit of such mortgagee named in said mortgage ("the Lender") and its assignees. The rights granted in this Section 4.10 are contingent upon Operator providing the Airport with copies of the signed loan documents, if applicable, and security agreements, and the name, address and mailing address of the Lender for purposes of providing any notices thereto. The Lender named in such a mortgage shall have the following rights and shall be subject to the following duties: 1. The term of the mortgage may not exceed the Initial Term of this Agreement detailed in 3.01. 2. In the case of a default by the Operator under the terms of the mortgage against Operator's building, the Lender shall have the right to assume the rights, benefits, duties and obligations granted and imposed upon the Operator under the terms of this Agreement, including the obligation to pay all delinquencies in rent or other obligations of the Operator. Such Lender shall have the right to assign its interest in this Agreement to a third party with the Airport's approval, which will not be unreasonably withheld, provided that such assignee meets all of the requirements of this Agreement and possesses the financial and managerial experience to perform the commercial activities and to pay the rents specified in this Agreement. 3. Any Lender acquiring ownership and possession of the building(s) located upon the Premises shall have a reasonable period of time, not to exceed 30 days, to provide or arrange for providing all the services that are required to be provided of the Operator under the terms of this Agreement, or a tenant that is otherwise satisfactory to the Airport. 7 Page 87 of 231 4. All notices required by Section 14.14 hereof to be given by Airport to Operator shall also be given to Lender at the same time and in the same manner. Upon receipt of such notice, Lender shall have the same rights as Operator to correct any default. 5. Within ten (10) days after Operator's request, Airport shall deliver an Estoppel Certificate, a declaration to any person designated by Operator: a. Ratifying this Agreement; b. Stating the commencement and termination date and the rent commencement date; and c. Certifying: • That this Agreement is in full force and effect has not been, to the knowledge of the Airport, assigned, modified, supplemented or amended (except by such writings as shall be stated); • That all conditions under this Agreement to be performed by Operator have been satisfied (stating exceptions, if any); • No defenses or offsets against the enforcement of this Agreement by Operator exist (or stating those claimed); • The date to which rent has been paid, and such other information as Operator reasonably requires. Section 4.11 Ownership of Improvements For the initial term and any extension or renewal term as may be agreed to, any building, or other improvements to Premises, constructed and paid for by the Operator shall be owned by the Airport, subject to this Agreement, and may be encumbered by a security interest for construction funding only as provided for in Section 4.10 hereof. No other lien or encumbrance shall be permitted except as provided for in Section 4.10 hereof other than by lien of the Airport on account of default by the Operator in payment of sums required to be paid to the Airport under the terms of this Agreement. Any building or other improvements constructed and paid for by the Airport shall remain the property of the Airport. During the term of this Agreement, the Operator is obligated to pay ground rent only and is not obligated to pay rent on the buildings and improvements erected and installed by Operator. If, upon expiration of the term, Operator's occupancy is extended by mutual agreement of the parties, it is intended that Operator will pay ground and building rent and other sums as may be provided for herein. However, should this Agreement not be extended by Operator as provided herein, Operator shall no longer have the right to sublet, assign, mortgage, or otherwise encumber the Premises or the buildings and improvements erected thereon. Following such termination at the end of the initial term, any further lease of the Premises by the Airport to any other party shall be based upon the Fair Market Rental Value (FMV) of the land and buildings on the Premises according to the Airport's then applicable leasing policies. Section 4.12 Performance Bonds — Construction Guarantee For the initial and any future construction funded by the Operator, Operator shall, before commencing construction, cause a surety bond or another form of security acceptable to the Airport to be issued in the amount equal to 100% of the building(s) and site development construction costs, that assures that the 8 Page 88 of 231 funds to cover the cost of the project are irrevocably set aside and available to the Airport to complete the improvement to Airport -owned property should the Operator fail to do so. ARTICLE 5 OBLIGATIONS OF OPERATOR Section 5.01 Net Lease The use and occupancy of the Premises by the Operator will be without cost or expense to the Airport. The Operator shall not use any facilities for any residential purposes. Additionally, it shall be the sole responsibility of the Operator to maintain, repair and operate the entirety of the Premises, and any approved improvements and facilities constructed thereon, at the Operator's sole cost and expense. Section 5.02 Maintenance and Operation The Operator shall maintain the Premises at all times in a safe, neat and clean condition free of weeds, rubbish, or any unsightly growths or accumulations of any nature whatsoever. The Operator shall repair all damage to the Premises caused by its employees, patrons, or its operation thereon; shall maintain and repair all equipment thereon, including any buildings and improvements; and shall repaint the buildings as necessary. 1. Upon occupancy, the Operator shall be responsible for and perform all maintenance, including but not limited to: a. Janitorial services, providing janitorial supplies, window washing, rubbish, and trash removal. b. Supply and replacement of light bulbs in and on all buildings and the Premises, obstruction lights and replacement of all glass in building, including plate glass. c. Cleaning of stoppages in plumbing fixtures, drain lines and septic system to the first manhole outside the Premises. d. Replacement of floor coverings. e. Maintenance of all building and overhead doors and door operating systems including weather stripping and glass replacement. f. Building interior and exterior maintenance, including painting, repairing and replacement. g. Repair or replacement of equipment and utilities to include electrical, mechanical and plumbing in all buildings, including but not limited to air conditioning and heating equipment. All repairs to electrical and mechanical equipment are to be made by licensed personnel. Other repairs are to be made by craftsmen skilled in work done and performing such work regularly as a trade or career. h. The Operator shall perform all maintenance on the Premises or Operator -constructed structures, pavements and equipment and utilities to the point where connected to the main source of supply or the first manhole outside of the Premises or to the utility corridor. 9 Page 89 of 231 i. The Operator shall advise the Airport, and obtain the Airport's consent in writing, before making changes involving structural changes to buildings or Premises. j. The Operator is responsible for maintaining electric loads within the designed capacity of the system. Prior to any change desired by the Operator in the electrical loading which would exceed such capacity, written consent shall be obtained from the Director of Aviation of the Airport. k. The Operator shall provide and maintain hand fire extinguishers for the interior of all buildings, shop, parking, storage, and ramp areas in accordance with applicable fire and safety codes. 1. The Operator shall during the term of this Agreement, comply with all applicable Federal Aviation Regulations, to include, but not be limited to FAR Part 77 (Airspace) and applicable lighting of the structure so as not to inhibit aircraft operations. 2. The Operator, upon written notice by the Airport to the Operator, shall be required to perform maintenance. If said maintenance is not undertaken by the Operator within thirty (30) days after receipt of written notice, the Airport shall have the right to enter upon the Premises and the buildings and improvements constructed thereon, and perform the necessary maintenance, the cost of which shall be borne by the Operator as additional rent, which shall be paid by the Operator to the Airport in full within ten (10) days after the same has been billed. Section 5.03 Utilities The Operator shall assume and pay for all costs or charges for utility services, including water, gas, electrical, sewer, telephone, and other utilities, furnished to the Operator during the term hereof. Provided, however, that the Operator shall have the right to connect to any and all storm and sanitary sewers and water and utility outlets at its own cost and expense for the Premises, any future improvements; and, the Operator shall pay for any and all service charges incurred therefore. Section 5.04 Trash, Garbage, Etc. The Operator shall collect, store and properly handle and dispose of, away from the Airport, all trash, garbage, hazardous materials and other refuse caused as a result of its operations. The Operator shall provide and use suitable covered metal receptacles (dumpsters) for all such garbage, trash, and other refuse. Receptacles shall not be located on the aviation side of the Operator's facilities unless advance approval is obtained by the Director of Aviation. The piling of boxes, cartons, barrels, pallets, debris, or similar items in an unattractive or unsafe manner, on or about the Premises, shall not be permitted. Section 5.05 Signs The Operator shall not erect, maintain, or display upon the outside of any improvements on the Premises any billboards or advertising signs without prior written approval by the Airport. Section 5.06 Non -Discrimination The Operator, for itself, its personal representatives, successors in interest, and assigns, as part of the consideration hereof, does hereby covenant and agree that (A) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the Premises; (B) that in the construction of any improvements on, over, or 10 Page 90 of 231 under such land and the furnishing of services thereon no persons on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of or otherwise be subjected to discrimination; (C) that the Operator shall use the Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and Transportation, and said Regulations may be amended, to the extent that said requirements are applicable, as a matter of law, to the Operator. With respect to the Premises, the Operator agrees to furnish services on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each unit or service, if applicable; Provided, that the Operator may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. Section 5.07 Observance of Statutes and Regulations The granting of this Agreement and its acceptance by the Operator is conditioned upon the right to use the Airport facilities in common with others authorized to do so, provided, however, that the Operator shall observe and comply with any and all requirements of the constituted public authorities and with all federal, state, or local statutes, ordinances, regulations and standards applicable to the Operator for its use of the Premises, including but not limited to, rules and regulations or standards promulgated from time to time by the Airport for the administration of the Airport. Section 5.08 Hazard Lights The Operator shall, at its expense, provide and maintain hazard lights on any future structure erected by the Operator on the Premises, if required by the Airport and Federal Aviation Administration regulations. Any hazard lights so required shall comply with the specifications and standards established for such installations by the FAA. Section 5.09 Airport Security The Operator recognizes the Airport's required compliance with Federal Aviation Regulations and the Department of Homeland Security, concerning airport security requirements and agrees to comply with the TSA -approved Airport Security Plan as it relates to its use of the Premises and the Airport's public facilities. If Airport receives any notice of violation or other disciplinary correspondence or document for the uncontrolled or unauthorized access by members of the public that do not have a business requirement to access the air operations area (AOA) for this area of the Airport, and if Airport receives any civil penalty caused solely by Operator's neglect to maintain a secure perimeter, Operator shall reimburse Airport for any civil penalty imposed by the Department of Homeland Security, the Transportation Security Administration, or other governing authority. ARTICLE 6 OBLIGATIONS OF THE AIRPORT Section 6.01 Operation as a Public Airport The Airport covenants and agrees that at all times it will operate and maintain the Airport facilities, as a public airport consistent with, and pursuant to, the "Sponsor's Assurances" given by the Airport to the United States Government under the Federal Airport Act. 11 Page 91 of 231 Section 6.02 Ingress and Egress Upon paying the rental prescribed herein, and performing the covenants of this Agreement, the Operator shall have the right of ingress to, and egress from, the Premises for the Operator, its officers, employees, agents, servants, customers, vendors, suppliers, patrons, and invitees over the roadway serving the area of the Premises. Airport roadways shall be used jointly with other tenants of the Airport, and the Operator shall not interfere with the rights and privileges of other persons or firms using said facilities and shall be subject to such weight and type of use restrictions as the Airport deems necessary. Section 6.03 Snow Removal Operations and Turf Maintenance The Airport shall be responsible for all snow removal operations on the Premises and auto parking areas, if any, in its use. The Airport shall also perform turf maintenance during the non -winter seasons. Combined, the Airport shall do so in a manner which does not interfere with tenant operations or damage property. ARTICLE 7 AIRPORT'S RESERVATIONS Section 7.01 Improvements, Relocation or Removal of Structure The Airport, in its sole discretion, reserves the right to further develop or improve the Aircraft Operating Area (AOA), and other portions of the Airport, including the right to remove or relocate any structure on the Airport, as it sees fit, and to take any action it considers necessary to protect the aerial approaches of the Airport against obstructions, together with the right to prevent the Operator from erecting, or permitting to be erected, any buildings or other structure on the Airport which, in the opinion of the Airport, would limit the usefulness of the Airport or constitute a hazard to aircraft. In the event the Airport requires the Premises for expansion, improvements, or development of the airport, the Airport reserves the right, on a twelve (12) month notice, at no cost to the Operator, to relocate or replace the Operator's improvements, in substantially similar form at another generally comparable location on the Airport grounds. It is understood that the Operator is fulfilling an FAA air traffic control function and that any such relocation will be accomplished with no delay or discontinuance of service to the flying public. This Agreement shall be amended to include any such new ground site. All other Agreement terms shall remain in full force and effect. In the event of such relocation or replacement, the Airport agrees to suspend rental during any period such improvements are unusable. Section 7.02 Airfield Operations There is hereby reserved to the Airport, its successors and assigns, for the use and benefit of the public, a free and unrestricted right of flight for the passage of aircraft in the airspace above the surface of the Premises, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known of hereafter used for navigation of or flight in the air, using said airspace or landing at, taking off from, or operating on or about the Airport. Section 7.03 Inspection of Premises The Airport, through its duly authorized agent, shall have at any reasonable time with prior notice, the full and unrestricted right to enter the Premises for the purpose of periodic inspection for fire protection, maintenance and to investigate compliance with the terms of this Agreement. 12 Page 92 of 231 ARTICLE 8 INDEMNITY AND INSURANCE Section 8.01 Indemnification 1. The Operator agrees to indemnify, save, hold harmless and defend the Airport, its officials, agents and employees, its successors and assigns, individually or collectively, from and against all liability for any claims and actions and all reasonable expenses incidental to the investigation and defense thereof, in any way arising out of or resulting from any acts, omissions or negligence of the Operator, its agents, employees, licensees, successors and assigns, or those under its control; in, on or about Premises or upon Premises; or in connection with its use and occupancy of Premises or use of the Airport; PROVIDED, HOWEVER, that the Operator shall not be liable for any injury, damage, or loss to the extent occasioned by the negligence or willful misconduct of the Airport, its agents or employees. When knowledge of any action becomes known by the Operator or the Airport, they shall give prompt written notice to the other party. 2. The Operator shall indemnify, save, hold harmless, and defend the Airport, its agents and employees, its successors and assigns, individually or collectively, from and against all liability for any claims and actions and all expenses or fines incidental to the investigation and defense thereof, in any way arising from or based upon the violation of any federal, state, or municipal laws, statutes, ordinances or regulations by the Operator's agents, employees, licensees, successors and assigns, or those under its control. The Operator shall not be liable for any claims, actions and expenses or fines, incidental to the investigation and defense thereof, in any way arising from or based upon violation of any federal, state, or municipal laws, statutes, ordinances, or regulations by the Airport, its agents, employees, licensees, successors and assigns, or those under its control. Section 8.02 Insurance 1. Without limiting the Operator's obligation to indemnify the Airport, the Operator shall provide, pay for, and maintain in force at all times during the term of this Agreement a policy of comprehensive general liability insurance to protect against bodily injury liability and property damage in an aggregate amount of not less than $2,000,000.00 per occurrence; a policy of comprehensive automobile liability insurance in a combined single limit of not less than $2,000,000.00; and statutory workers compensation insurance. Before Operator enters into possession of the Premises, and promptly upon renewal of any policy, it shall furnish the Airport, as evidence that such insurance is in force, a certified copy of the insurance certificate(s) including the City of Waterloo, Iowa and the Waterloo Regional Airport as additional insureds on a primary and non-contributory basis. Said policies shall be in a form and content satisfactory to the Airport and shall provide for thirty (30) days' advance written notice to the Airport prior to the cancellation of or any material change in such policies. 2. Neither the Airport nor its agents shall be responsible for the theft of or damage to any personal property of Operator or its guests or invitees, for damage, loss or destruction of personal property of Operator or of Operator's guests or invitees because of fire, water, acts or omissions of third parties or any cause whatsoever unless caused by the negligent acts of Airport of its agents. Operator shall procure and maintain, at its own expense, insurance covering Operator's personal property and to the fullest extent possible without violating any such insurance coverage, Operator waives all claims and subrogation rights against Airport arising out of any loss of or damage to any personal property owned by or in the possession or control of Operator. 13 Page 93 of 231 Each party also releases the other party from any other liability for loss, damage or injury caused by fire or other casualty for which insurance is carried by the insured party to the extent of any recovery by the insured under such insurance policy, other than as set forth in Section 8.04 and 8.05 below. Section 8.03 Environmental Impairment 1. The Operator will comply with any environmental regulations affecting its operations throughout the term of this Agreement, including furnishing of insurance or other security against environmental impairment risks as required by the Airport. 2. Operator shall defend, indemnify, protect, and hold the Airport harmless from and after the date of this Agreement from and against any and all claims, costs, fines, judgments, and liabilities, including attorney fees and costs, arising out of or in connection with the presence, storage, use, or disposal of Hazardous Materials or contaminants in, on, under, or about the Premises caused by the acts, omissions, or negligence of Operator or Operator's agents, employees, business invitees, contractors, or subcontractors. To the extent permitted by applicable law, the Airport shall indemnify and hold Operator harmless from and against any and all claims, costs, fines, judgments, and liabilities, including attorney fees and costs, arising out of or in connection with Hazardous Materials or contaminants that are present in, on, under, or about the Premises as of the time that Operator, its agents or contractors, enter into possession of the Premises. The Airport represents that as of the date of this Agreement, the Airport has no knowledge and is not aware of any Hazardous Materials or contaminants in, under or about the Premises. Operator's obligations under this paragraph shall survive the expiration or earlier termination of the term of this Agreement. For purposes of this Agreement, Hazardous Materials means any flammables, explosives, radioactive materials, petroleum or petroleum byproducts, minerals, metals, chemical substances, asbestos or asbestos -containing materials, hazardous or toxic substances, or any other materials or wastes as are presently defined in or regulated under federal or state environmental laws, and the Airport's Rules and Regulations. Section 8.04 Fire and Extended Coverage Insurance The Operator shall, at its expense, procure and keep in force at all times during the terra of this Agreement with a company suitable to the Airport, insurance on the building(s) and other improvements on the Premises against loss and damage by fire, aircraft and extended coverage perils. This coverage shall include covering the building, aircraft and contents from Acts of God, flood, tornado, high wind conditions, snowloads or snow and ice coverage, lightning, or other adverse weather conditions not listed above. The Operator shall furnish evidence of insurance at lease inception and annually upon renewal of coverage. Insurance shall name the City of Waterloo, Iowa and the Waterloo Regional Airport as additional insureds. Section 8.05 Waiver of Subrogation Operator and Airport, each for itself and its respective successors and assigns (including, without limitation, any person, firm or corporation which may become subrogated to any of its rights) waives any and all rights and claims for recovery against the other party, and its officials, officers, board members, employees, agents and assigns, or any of them, on account of any loss or damage to any of its property located on the Premises insured under any valid and collectible insurance policies, to the extent of any recovery collectible under such insurance policies. Each insurance policy carried by a party and insuring 14 Page 94 of 231 all or any part of such property must provide that the insurance company waive all right of recovery by way of subrogation against the other party. Section 8.06 Application of Insurance Proceeds If the building or improvements located upon the Premises shall be partially or totally destroyed or damaged, the Operator and the Airport, within thirty (30) days of the damage shall decide whether or not to proceed with restoration. If the Airport and the Operator elect not to restore the same to their previous condition, the Airport shall be entitled to receive the proceeds of insurance payable by reason of such loss and to apply the entire proceeds to the cleanup of the Premises, except those proceeds identified to cover the loss of Operator's personal property contained within the Premises. The Agreement shall then be canceled. If the damage results from an insurable cause and if the Airport elects to have the Operator restore Premises with reasonable promptness, or the Airport and Operator decide to construct the new building(s) on another site, the Operator shall be entitled to receive and apply the entire proceeds of any insurance covering such loss to said restoration, including applicable site clean-up, in which event this Agreement shall be appropriately amended as necessary and continue in full force and effect. Section 8.07 Performance Bonds In the event of any damage or loss, the Operator shall cause a surety bond to be issued in the amount of 100% of the rebuilding and site redevelopment construction costs, prior to the beginning of any reconstruction and repairs financed by the Operator for the restoration of Premises that is over and above insurance proceeds, in accordance with Section 8.05 above, or another form of security acceptable to the Airport that assures that the funds to cover the cost of the project are irrevocably set aside and available to the Airport to complete the improvement to Airport -owned property should the Operator fail to do so. Section 8.08 Destruction of Premises (Uninsured Cause) In the event of damage to or destruction or loss of the building or buildings by an uninsured cause, Operator and the Airport shall decide, within thirty (30) days of the event, whether Operator will repair, restore, rebuild, or raze said building or buildings. Within sixty (60) days of the event, Operator shall initiate restoration or razing activities and complete those activities within one hundred twenty (120) days of the event unless otherwise agreed by the Airport. In the event Operator fails to take action as noted above, Airport shall have the right to raze the building(s) and return the site to its original condition. Operator shall be liable for reimbursing the Airport for all costs incurred. ARTICLE 9 CANCELLATION BY THE AIRPORT Section 9.01 Events of Default by Operator Each of the following events shall constitute an "Event of Default by Operator": 1. Operator fails to pay rentals, fees and charges when due, and such default continues for a period of ten (10) days after receipt of written notice from the Airport that such non-payment constitutes an event of default. 2. Operator fails after receipt of written notice from the Airport to keep, perform or observe any term, covenant or condition of this Agreement, other than as set forth in paragraph 1 (above) and such failure continues for thirty (30) days after such receipt, or if by its nature such event of default by Operator cannot be cured within such thirty (30) day period, Operator fails to commence to cure or remove such event of default by the Operator within said thirty (30) days and to cure or remove same as promptly as reasonably practicable. 15 Page 95 of 231 3. Operator abandons the Premises. Operator's intent not to re -occupy the Premises may be presumed upon expiration of ten (10) days after receipt of written notice from the Airport that it believes in good faith that Operator has abandoned the Premises. 4. Operator shall become insolvent, shall take the benefit of any present or future insolvency statute, shall make a general assignment for the benefit of creditors, shall file a voluntary petition in bankruptcy or a petition or answer seeking a reorganization or the readjustment of its indebtedness under the federal bankruptcy laws or under any other law or statute of the United States or of any state thereof, or shall consent to the appointment of a receiver, trustee, or liquidation of all or substantially all of its property. 5. An order for relief shall be entered at the request of Operator or any of its creditors under the federal bankruptcy or reorganization laws or under any law or statute of the United States or any state thereof. 6. A petition under any part of the federal bankruptcy laws or an action under any present or future insolvency law or statute shall be filed against the Operator and shall not be dismissed within thirty (30) days after the filing thereof. 7. By or pursuant to, or under, any legislative act, resolution or rule, or any order of decree of any court or governmental board or agency, an officer, receiver, trustee or liquidator shall take possession or control of all or substantially all of the property of Operator and such possession or control shall continue in effect for a period of fifteen (15) days. 8. Operator shall become a company in dissolution, or voluntarily or involuntarily forfeit its company charter, other than through merger with a successor entity. 9. The rights of the Operator hereunder shall be transferred to, pass to, or devolve upon, by operation of law or otherwise, any other person, firm, corporation or other entity, as a result of any bankruptcy, insolvency, trusteeship, liquidation or other proceedings or occurrence described in Sections 3 through 7 above. Section 9.02 Remedies for Operator's Default 1. Upon the occurrence of an "Event of Default by the Operator", Operator shall remain liable to the Airport for all arrearages of rentals, fees or charges payable hereunder and for all preceding breach(es) of any term, covenant or condition herein contained. The Airport, in addition to the right of termination, and to any other rights or remedies it may have at law or in equity, shall have the right of re-entry and may remove all Operator's persons and property from the Premises. Upon any such removal, Operator's property may be stored in a public warehouse or elsewhere at the cost of, and for the account of, the Operator. Should the Airport elect to re-enter as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided by law, it may, at any time subsequent to an "Event of Default by the Operator", either terminate this Agreement or re -let the Premises and any improvements thereon, or any part thereof, for such term or terms (which may be for a term extending beyond the term of this Agreement) at such rentals, fees and charges, and upon such other terms and conditions, as the Airport, in its sole discretion, may deem advisable, with the right to make alterations, repairs or improvements on said Premises. No re-entry or re -letting of the Premises by the Airport shall be construed as an election of the Airport's part to terminate this Agreement, unless a written notice of such intention is given to the Operator. In re -letting the Premises, the Airport shall make a good faith effort to obtain terms and conditions no less favorable to itself than those contained herein and otherwise seek to mitigate any damage it may suffer as a result of the "Event of Default by the Operator". 16 Page 96 of 231 2, Unless the Airport elects to terminate this Agreement, the Operator shall remain liable for and promptly pay all rentals, fees and charges accruing hereunder until termination of this Agreement at the expiration date set forth herein. 3. In the event that the Airport re -lets the Premises, rentals, fees and charges received by the Airport from such re -letting shall be applied: first, to the payment of any obligation or indebtedness other than rentals, fees and charges due hereunder from the Operator to the Airport; second, to the payment of any cost of such re -letting; third, to the payment of rentals, fees and charges due and unpaid hereunder; and, the residue, if any, shall be held by the Airport and applied in payment of future rentals, fees and charges as the same may become due and payable hereunder. Should that portion of such rentals, fees and charges received from such re -letting applied to the payment of rentals, fees and charges due hereunder be less than the rentals, fees and charges payable during the applicable period, Operator shall pay such deficiency to the Airport. The Operator shall also pay to the Airport, as soon as ascertained, any costs and expenses incurred by such re -letting not covered by the rentals, fees and charges received from such re -letting. 4. Notwithstanding anything to the contrary in this Agreement, if a dispute arises between the Airport and Operator with respect to any obligation or alleged obligation of the Operator to make payment(s) to the Airport, the payment(s) under protest by the Operator of the amount claimed by the Operator to be due shall not waive any of the Operator's rights, and if any court or other body having jurisdiction determines all, or any part, of the protested payment was not due, then the Airport shall as promptly as reasonably practicable reimburse the Operator any amount determined as not due plus interest on such amount at the rate of 12% per annum. 5. Operator shall pay to the Airport all reasonable costs, fees (including attorneys & accountants) and expenses incurred by the Airport in the exercise of any remedy upon an event of default by the Operator. 6. All remedies available to Airport are cumulative and no one remedy will be exclusive of another remedy conferred by law or this Agreement. ARTICLE 10 CANCELLATION BY OPERATOR FOR EVENTS OF DEFAULT BY AIRPORT Section 10.01 Event of Default by Airport Each of the following events shall constitute an "Event of Default by Airport": 1. The Airport fails, after receipt of written notice from Operator, to keep, perform or observe any term, covenant or condition herein contained to be kept, performed or observed by the Airport and such failure continues for thirty (30) days; or, if, by its nature, such "Event of Default by Airport" cannot be cured within such thirty (30) day period, the Airport fails to continence to cure or remove such "Event of Default by Airport" within said thirty (30) days and to cure or remove the same as promptly as reasonably practicable. 2, The Airport closes the Airport to flights in general or to the flights of the Operator, for reasons other than weather, acts of God or other reasons beyond its control, and fails to reopen the Airport to such flights within sixty (60) days of such closure, and such closure negatively affects the Operator's use of Premises. 17 Page 97 of 231 3. The Airport is permanently closed by act of any federal, state or local government agency having competent jurisdiction. 4. The Operator is unable to use the Airport for a period of at least sixty (60) days due to any law or any order, rule or regulation of any appropriate governmental Airport having jurisdiction over the operations of the Airport, or any court of competent jurisdiction issues an injunction in any way preventing or restraining the use of the Airport, or any part thereof, for airport purposes, and such injunction remains in force for a period of at least sixty (60) days and such situation negatively affects the Operator's use of Premises. 5. The United States Government or any authorized agency of the same (by executive order or otherwise) assumes the operation, control or use of the Airport and its facilities in such a manner as to substantially restrict Operator from conducting its operations, and such restrictions shall continue for a period of at least sixty (60) days. Section 10.02 Remedies for Airport's Defaults Upon the occurrence of an "Event of Default by Airport", the Operator shall have the right to suspend or terminate this Agreement, and all rentals, fees and charges payable by Operator under this Agreement shall abate during a period of suspension or shall terminate, as the case may be. In the event that Operator's operations at Airport should be substantially restricted by action of any governmental agency having jurisdiction thereof, then Operator shall, in addition to the rights of termination herein granted, have the right to a suspension of this Agreement, or part thereof, and abatement of an equitable proportion of the payments due hereunder, from the time of giving written notice of such election until such restrictions shall have been remedied and normal operations restored. In addition to its remedy of termination, the Operator shall be entitled to all other remedies available to it by law or equity. Airport shall pay to the Operator all reasonable costs, fees (including attorneys & accountants) and expenses incurred by the Operator in the exercise of any remedy upon an event of default by the Airport. ARTICLE 11 RIGHTS UNDER TERMINATION Section 11.01 Fixed Improvements It is the intent of this Agreement that any buildings, leasehold improvements, alterations and items affixed thereto, that are constructed and paid for by the Operator shall be and remain the property of the Operator during the entire term (initial term and renewal terms) of this Agreement. Upon termination of this Agreement, title to all buildings and leasehold improvements to or upon the Premises shall, without payment of compensation, automatically and irrevocably pass to the Airport, and the Operator shall have no further rights under this Agreement nor shall it have any interest in the Premises, buildings or improvements, constructed thereon. Section 11.02 Personal Property Upon termination of this Agreement, the Operator shall remove all personal property, and items not affixed, from the Premises within thirty (30) days after said termination. If the Operator fails to remove said personal property, then said personal property shall be deemed abandoned and title thereto shall, without payment of compensation, automatically and irrevocably pass to City / Airport and, at the sole option of City / Airport, such personal property may thereafter be removed by the Airport at Operator's expense, if applicable. 18 Page 98 of 231 ARTICLE 12 ASSIGNMENT AND SUBLETTING Section 12.01 Assiknment The Operator shall not assign or sublet this Agreement, or any part hereof, in any manner whatsoever, or assign any of the operating privileges recited herein, without the prior written consent of the Airport and under such terms and conditions as Airport may impose, which shall not be unreasonably withheld, delayed, or conditioned. The term "assignment" includes, without limitation, a transfer of a majority in interest of the ownership of Operator or transfer by operation of law. Provided, however, in the event the Airport approves such assignment, Operator shall remain liable to the Airport for the remainder of the term of this Agreement to pay to the Airport any portion of the rental and fees provided for herein upon failure of the assignee to pay the same when due. Said assignee shall not assign said Agreement except with the prior written approval of the Airport and the Operator herein, and any assignment by the Operator to any third party shall contain a clause to this effect. The Airport reserves the right to require assignee, as a condition to Airport's consent to assignment, to enter into a new lease agreement, if the then legal and operational requirements of the Airport, including Rules and Regulations, require changes relating to such items as the commercial operating Airport, additional or changes to the uses of leased property, or changes in term or conditions of the land lease. ARTICLE 13 QUIET ENJOYMENT The Airport covenants that the Operator, upon payment of the rentals reserved herein and the performance of each and every one of the covenants, agreements and conditions on the part of the Operator to be observed and performed, shall and may, peaceably and quietly, have, hold and enjoy the Premises for the term of this Agreement, free from molestation, or disturbance. ARTICLE 14 GENERAL PROVISIONS Section 14.01 Non -Interference with Operations of Airport The Operator, by accepting this Agreement, expressly agrees for itself, its successors and assigns, that it will not make use of the Premises in any manner which might interfere with the landing and taking off of aircraft at the Airport or otherwise constitute a hazard. In the event the aforesaid covenant is breached, the Airport reserves the right, exercisable without notice, to enter upon the Premises hereby leased and cause the abatement of such interference at the expense of the Operator. The Airport shall maintain and keep in repair the Airport landing areas, including taxiways and aircraft parking aprons, and shall have the right to direct and control all activities of the Operator in this regard. Section 14.02 Attorney's Fees In any action brought by either party for the enforcement of the obligations of the other party, the prevailing party shall be entitled to recover interest and its reasonable attorney's fees. 19 Page 99 of 231 Section 14.03 Taxes and Special Assessments The Operator shall pay any and all leasehold interest tax assessed on said Premises and all personal property taxes which may be levied and assessed against equipment, merchandise, or other personal property belonging to the Operator located on the Premises, or other permitted portions of the Airport. The Operator shall pay all real estate taxes attributed to the Operator's leasehold interest and all other real estate taxes which may be levied and assessed which are attributed to the Operator's leasehold interest in the Premises. The Operator shall pay all sales or use taxes and assessments, license fees or other charges of any kind or nature, without exception, levied or assessed, arising out of the activities conducted on, and/or the occupancy of, the Premises. Section 14.04 Right to Contest The Operator shall have the right to contest the validity or amount of any tax, assessment or charge, lien or claim of any kind in with respect to the Premises. Operator shall, if the Airport requires the same in writing and if the taxes or other assessments have not been paid under protest or otherwise escrowed or provided for, furnish reasonable security for the payment of all liability, costs and expenses at the end of the litigation, and Operator, so long as the matter shall remain undetermined by final judgment, shall not be considered in default hereunder by the nonpayment thereof; provided however, that Operator shall not, under these provisions, permit the Premises or any buildings or improvements situated thereon, to be sold or forfeited, and failure by the Operator to do what is necessary to prevent any such sale or forfeiture within ten (10) days from the publication or receipt of notice for sale or forfeiture, shall be deemed to be a default hereunder, and the Airport may, at its option, pay any such sum as may be required to avoid the sale or forfeiture and seek reimbursement for its cost from the Operator or ownership of the buildings or improvements involved. Section 14.05 License, Fees and Permits The Operator shall obtain, pay for and maintain in effect all licenses, permits, fees or other authorization or charges as required under federal, state or local laws and regulations insofar as they are necessary to comply with the requirements of this Agreement and the privileges extended hereunder. Section 14.06 Non -Exclusive Rights It is hereby specifically understood and agreed between the parties that nothing herein contained shall be construed as granting or authorizing the granting of exclusive rights to the Operator or others, as defined in Section 308 of the Federal Aviation Act of 1958, as amended. Section 14.07 Paragraph Headings The Section paragraph headings contained herein are for convenience in reference only and are not intended to define or limit the scope of any of the provision of this Agreement. Section 14.08 Interpretations This Agreement shall be interpreted in accordance with the laws of the State of Iowa. Section 14.09 Non -Waiver No waiver by City / Airport of any agreement, condition or provision contained in this Agreement will be valid or binding unless expressed in writing and signed by the City / Airport. The waiver by Airport of any agreement, condition or provision contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other agreement, condition or provision contained in this Agreement, nor will any custom or practice that may grow up between the parties in the administration of the terms of this Agreement be construed to waive or to lessen the right of Airport to insist upon the 20 Page 100 of 231 performance by Operator in strict accordance with the terms of this Agreement. The subsequent acceptance of rent by Airport will not be needed to be a waiver of any preceding breach by Operator of any agreement, condition or provision of this Agreement, other than the failure of Operator to pay the particular rent so accepted, regardless of Airport's knowledge of such preceding breach at the time of acceptance of such rent. Section 14.10 Severability If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each other term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. Section 14.11 Binding Effect This Agreement, including all of its covenants, terms, provisions and conditions, shall be binding upon, and inure to the benefit of, the parties hereto and their respective heirs, successors and assigns. Section 14.12 No Partnership Nothing contained in this Agreement shall be deemed to create the relationship of principal and agent or of a partnership or joint venture or any relationship between the Airport and Operator other than the relationship of the Airport and Operator. Section 14.13 Duty to be Reasonable Wherever in this Agreement the Airport is to give its consent, approval or otherwise exercise discretion in judgment, such consent, approval or judgment discretion shall not be unreasonably exercised or unreasonably withheld. Section 14.14 Notices Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, or by United States certified mail, postage prepaid, and addressed to: If to Landlord, to: If to Tenant, to: Waterloo Regional Airport Attn: Director of Aviation 2790 Livingston Lane Waterloo, Iowa 50703 ALINE ALO, LLC Attention: Benjamin Stroh 808 Dearborn Avenue Waterloo, Iowa 50703 Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) 1 business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, or (iii) 3 business days following the date of deposit if mailed by United States certified mail, postage prepaid. Notice sent by certified mail that is refused shall still be deemed valid. All parties shall give the other prompt notice of any change in address, and until such notice any party may rely on the most recent addresses furnished. Neither party shall designate more than two addresses to receive notices. Section 14.15 Entire Agreement This Hangar and Ground Site Lease Agreement constitutes the entire agreement between the parties. 21 Page 101 of 231 There are no verbal or written agreements between the parties that are to be considered a part of this Agreement unless they have been specifically enumerated herein and this Agreement supersedes all prior or other agreements, understandings, and representations. This Agreement may be amended solely by a written instrument, signed by all parties. Section 14.16 No Construction Against Drafting Party Airport and Operator acknowledge that each of them and their counsel have had an opportunity to review this Agreement and that this Agreement will not be construed against Airport merely because Airport has prepared it. Section 14.17 Third -Party Beneficiaries It is specifically understood and agreed that no person shall be a third -party beneficiary hereunder, and that none of the provisions of this Agreement shall be for the benefit of, or be enforceable by, anyone other than the parties hereto, and that only the parties hereto and their permitted assignees shall have rights hereunder. Section 14.18 Authorization and Execution By its execution hereof, Operator and the Airport warrant that all necessary corporate action has been taken with regard to the authorization and execution of this Agreement and that the individual(s) execution of this Hangar and Ground Site Lease Agreement on behalf of Operator are is/are duly authorized to do so. Whoever signs this Agreement on behalf of Operator and the Airport hereby confirms that they have the appropriate Authority and have been so authorized to execute this Agreement on behalf of Operator and City / Airport, respectively. IN WITNESS WHEREOF, the parties have caused this Hangar and Ground Site Lease Agreement to be executed on their behalf by their duly authorized officers.: City of Waterloo, Iowa A -L ALO, LLC an lo a L rnit • y Company iI By: By. /J Quentin M. Hart Benja . n S roh Mayor Manager Witness: Witness: By: By: Name: Kelley Felchle Name: aei to 0;4 Title: _City Clerk Title: c;fr-rf'-1 1 22 Page 102 of 231 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., and setting the date of bid opening as May 2, 2019 and date of public hearing as May 6, 2019, in conjunction with asbestos abatement services at 2127 E. 4th Street (former St. Mary's Rectory), 1131 Bertch Avenue, 614 W. 7th Street, 623 W. 2nd Street, 322 and 326 Crescent Place, 421 Logan Avenue, 154 Harrison Street and 411 E. 8th Street, and authorize City Clerk to publish said notice. City Council Meeting: 4/22/2019 Prepared: 4/17/2019 REVIEWERS: Department Reviewer Action Date ri.n.nap'a°si: /Onrinr$p Scllhroeder, Anric Approved. 44/1 7/20pa )1:flee:a Rigby, i hy., Narrcy A1".rp:nroved 4/.17/20 . ATTACHMENTS: Description D 614 Aerial P hoto D 61.4 W. 7th Street- jet D 623 W. 2nd Street Aerial lagii D 623 W. 2,nd Street - Detailed Ra.°i.aort D 322 Crescent Place -Aerial hoto D 322 Crescent Place -Detailed Parcel Report • ?d26 (;r"a se ennt- p.D i ac c Acrw'inap D 326 Crescent Place -Detailed Parcel Report D 21.27 1;. 4th Street -Aerial Photo D 1131 i3ertcia Ave . -Aerial Photo • 11:31 Beutc,h Ave Detaified Report D 421 Logan Street A.eiriaai Photo D 421 ➢..,erg an Avenue i:: c taaiieel k e°sport D 134 11' m Street: -Aerial Photo D 154 p..arrisona_ Street -Detailed Report D 411 15, Street Aerial 11hour D 411 E. 8tiri Street -Detailed .R.eport D R.1 p3 pi a,neaanaaart pini pods SUBJECT: Type (.`over Memo (ovG r Memo ver .M erruo (;over 1Vierno Cover 1\4erno ("over I`ieam.o (.;cbver .M.erno (`ove:Ar.N4.erno (..'over Memo ivi erno Menrn.o M. ono .M ennn Coven' Merano (."ova:: Merno (.."over Mern.o (:over Memo (`ovear 1Vienn.o 10:41.A.M 10:48 A Resolution approving preliminary plans, specifications, form of contract, etc., and setting the date of bid opening as May 2, 2019 and date of public hearing as May 6, 2019, in conjunction with asbestos abatement services at 2127 E. 4th Street (former St. Mary's Rectory), 1131 Bertch Avenue, 614 W. 7th Street, 623 W. 2nd Street, 322 and 326 Crescent Place, 421 Logan Avenue, 154 Harrison Street and 411 E. 8th Street, and authorize City Clerk to publish said notice. Page 103 of 231 Submitted by: Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval Summary Statement: The above mentioned properties were all acquired through Iowa Code 657A. Expenditure Required: Unknown Source of Funds: Nuisance Policy Issue: Nuisance Abatement and Economic Development, policy 1, 3 and 4. Page 104 of 231 1/15/2019 Printable Map Output Parcel ID: Deed Holder: Parcel Address: Legend Selected Features hospital 40,4•��o`SI\e' }"dept parks_ parks twpmg !•', Railroads Townships Sections Water ....... Parcels Rights.nfaWay ,.,,I Township City Linos railroad dim ro,addim watername_, Black Hawk County Parcel Map 8913-26-426-007 wATHRLot 614 W 7TH ST, WATERLOO, IA 50702 parcoldim roadname_ Aerial Photos Black Hawk Co. 11111111 loll ad created withAlra'A1&N$ ••i0 , 11111111111111111111 ; • ' i� V Vl ldr °� iiiiunum°1IIIIIIUmu�"" °� �iiuii IIIIIIIIIIIIII 1111111 �� � ��III IIIIIIIIIIP Illi iiIP� II iiiiiiipll, l jllll1,1,141VIII II� VI uu• IIIIIIIIp� uo 11111 ' 1''7'3:2i:'? t1 ESRA 1:474 117 .,.onfw� Black Hawk County, Iowa 316 East 5th Street aterloo, Iowa 50703-4774 Phone: (319) 833-3002 Fax: (319) 833-3070 E-mail: auditorco.black-hawk.ia.us.or Map Disclaimer: This map does not represent a survey. No liability is assumed for the accurac of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor or their employees. This map is compiled from official records, ncluding plats, surveys, recorded deeds, and contracts, and only contains information required or local government purposes. See the recorded documents for more detailed legal information. Page 105 of 41 1/15/2019 Black Hawk County Detailed Parcel Report .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder 8913-26-426-007 Map Area WTLO-03 CITY OF WATERLOO Contract Bu er • ropert Address 614 W 7TH ST ATERLOO, IA 50702-1512 Tax Mail to Address CITY OF WATERLOO 715 MULBERRY ST ATTN: FINANCE DEPARTMENT ATERLOO, IA 50703-0000 urrent Recorded Transfer 11 ate Drawn :/10/2016 Date Filed 8/11/2016 Recorded Document 2017 002842 ype D ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... SALES ........................................................................................................................................................................................................................ Date mount NUTC / Type 10/7/1980 30,000 RESIDENTIAL SALE OF TWO OR MORE PARCELS -SINGLE CONSIDERATION - PRIOR 09 / Contract 0,000 NORMAL ARMS iLiNGTH TRANSACTION - PRIOR 09 / Deed .................................................................. . Date 7/17/2017 1210"" 2001 BUILDING PERMIT ................................................................................................................................................................. ASSESSED VALUES/CREDITS ear Class Number FC WA „„„„„„„„„„„„„„„„„„„=„7=72—„ A 1034 mount Reason 0 Demo/Rmvl 150 res E 100% Value 10000000000000000000000000000000000000000000000000000 Taxable Value ear 2017 100% alue 000000000000000000000000000000000000000000000000000000 Taxable alue Year 016 100% Value Taxable Value Tax Distric Corp Nocorp Corp Nocorp Land 3,720 Land .... 3,720 Multi-Residential Land Dwelling Building otal 0 35,720 0 39.440 0 Land 3,720 Multi -Residential Land Dwelling !Building !Total 0 35,720 0 39,440 Class E Multi -Residential Land 0 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Land 3,720 Land 3,720 Land 2,118 Dwellin 9 35,720 Multi -Residential Land 0 Multi -Residential Land 0 Multi -Residential Land 0 40001 - WATERLOO Gross Value Taxable Value 0 omestead red it $0.00 0 Disabled Veteran Credit Class R Dwellin ........................................ Building ............................................Total .......................................Acres ........................ g Buildin 9 0 Dwelling!! 35,720 otal 39,440 Buildin• Total 39,440 Dwelling 20,339 Military Exemption Building 0 Levy Rate 0 0.0843 0 o"" t 1000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000010000000000000000000000000000000000000000001000000000000 $0.00 Property Tax Relief Credit $0.00 $0.00 LEGAL http://www2. co. bl ack-hawk. ia. us/website/bh map/bhRepDet. asp?apn=891326426007 Hg Credit $0.00 Gross Tax Total 22,457 $0.00 $0.00 Net Tax $0.00 Business Property Tax Credit $0.00 1/15/2019 Basis Front Rear Front Foot 40 40 Totals: pe Sin•Ie-Famil / Owner Occupied ear Built Black Hawk County Detailed Parcel Report LAND iSde 1 Side 2 I of 60 60 0. . DWELLING CHARACTERISTICS St le 1 1/2 Stor Frame *rea !Acres 2400 0.055 2400 otal Livin • Area 0.055 Total Rooms Above Basement Total Rooms Below Bedrooms Above Basement Finished Area Exterior Walls Roof sph / Gable Non -Base Heating ddtions Plumbin None Bedrooms Below 0 .... No Basement Floor Floorin Carp / Vin 1 Interior Finish 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 Floor/Wall Pipeless ear Built Style 1900 1 Stor Frame 1 Full Bath Handfired rea Basement (SF) 9 00 No Basement (SF) Space Heaters Heat C ttic es No 0 Fireplace 1 1/2 Story Mason EntStatus. Inspected Porch 111111111111111111111111111111111111111111111 Deck 1111111111111111111111111111111111111111111111111 1S Frame Open 1S Frame Enclosed tX e rea Wood Deck- L ow 224 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 w_ F liminosio tail* 4000 � '"/���I„Jr�i `vr,dY&"t , �' 11 difi�> �y (� �;Np ;Ns f J� � �. ✓r1? � Z' �. ,v"%,ill /,,, � % (�. 010000, http://www2. co. bl ack-hawk. ia. us/website/bh map/bhRepDet. asp?apn=891326426007 Page 107 of 2A 1/15/2019 Black Hawk County Detailed Parcel Report WD DK [224] 14 16 14 12 11/25 B FR (MAIN) [752] 16 16 24 12 6 8 1S FR OP [49] 7 7 7 1S FR [49] 1S FR EP [48] IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Date Website Last Updated: 01/04/2019 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... http://www2. co. bl ack-hawk. ia. us/website/bh map/bhRepDet. asp?apn=891326426007 Page 108 of 2j 1/15/2019 Printable Map Output Black Hawk County Parcel Map Parcel Deed Holder: Parcel Address: Legend µerceld;m ro.adname_ Aerial Photos Black Hawk Co. Selected Features hospital airport aticeiti }'radapt parks_ parks traprito Railroads Townships Sections Water IParcels Rights.nf.Way ITownship City Linos railroad dim ro,addim watername ITY OF WATERLOO 623 W 2ND ST, WATERLOO, IA 50701 1 Wp Ul el, 11 Black Hawk County, Iowa 316 East 5th Street Waterloo, Iowa 50703-4774 Phone: (319) 833-3002 Fax: (319) 833-3070 E-mail: auditora@co.black-hawk.ia.us.orq 111 1011111111111q IIII OhottilIM 1 1I le ,1144 44, ,411111 11111111111 ll111,1qul'v 111 IIIA 44 QY Y°" llm,u Me I vvvvcv qua im 1'' .1 111 1,11115f - ,fiiiiiiiii RP ily hhIVI pp)) 114IIlii111 ?4: vre i,l p,Vl�b Map Disclaimer: This map does not represent a survey. No liability is assumed for the accurac of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor or their employees. This map is compiled from official records, including plats, surveys, recorded deeds, and contracts, and only contains information required or local government purposes. See the recorded documents for more detailed legal information. Page 109 of 41 1/15/2019 Black Hawk County Detailed Parcel Report ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Huber 8913-26-253-011 PDF 15 MR CONVERSION -WA W CITY OF WATERLOO Tax Mail to Address CITY OF WATERLOO 715 MULBERRY ST TTN: FINANCE DEPARTMENT ATERLOO, IA 50703-0000 00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000001000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000 Propert Address Current Recorded Transfer 623 W 2ND ST ATERLOO, IA 50701-9736 Date Drawn 10/10/2018 Date Filed 10/11/2018 ecorded Document 2019 005981 D ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... SALES BUILDING PERMIT ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Date mount NUTC / Type Date Number mount Reason 7/5/2007 85,000 NORMAL ARMS -LENGTH RANSACTION - PRIOR 09 / Deed NORMAL ARMS -LENGTH RANSACTION - PRIOR 09 / Deed 7/21/2000 7,000 NORMAL ARMS LENGTH TRANSACTION - PRIOR 09 / Deed 6/8/2000 32,969 ASSIGNMENT/ASSUMPTION OF CONTRACT - PRIOR 09 / Contract 9/10/2010 A 06146 ASSESSED VALUES/CREDITS Year Class 018 100% alue 000000000000000000000000000000000000000000000000000000 Taxable alue ear h IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 1 Land 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 Land Multi -Residential Land 6,060 Multi -Residential Land ,545 017 100% alue 000000000000000000000000000000000000000000000000000000 Taxable ague ear Land 0 Land 0 016 100% Land alue 0 Dwelling 1,000 Dwelling 750 Class Building 0 5,295 M Multi -Residential Land 6,060 Multi -Residential Land 772 Multi -Residential Land 6,060 Class Dwellin 21,600 Dwelling 17,010..... Buildin ` 0 otal Building Total 0............................................................................ 21'782................................ otal 60,050 cres 0 Taxable Val ue 10000000000000000000000000000000000000000000000000000 Tax District 00,0000000000000000000000000000000000000000000000000 Corp Nocorp 00,0000000000000000000000000000000000000000000000000 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 940001 - WATERLOO Gross Value 27,660 0 Homestead Credit Taxable Value 21,782 0 Disabled Veteran Credit Military Exemption Dwelling 4,542 1111111111111111111111111 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 Property Tax Relief Credit http://www2.co. black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891326253011 Building Total 9,542 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 Levy Rate 0.0843 0 00,000 Gross Tax $873.12 00,000000000000000000000000000000000000000 Ag Credit 111111111111111111111111111 Net Tax $874.00 Business Property Tax Credit Page 110 of 2 1/15/2019 Corp Nocorp $0.00 Black Hawk County Detailed Parcel Report $0.00 $0.00 00.00 $0.00 lll 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 LEGAL $0.00 •RIGINAL PLAT WATERLOO WEST SW 43.12 FT NE 86 FT LOT 6 BLK 34 SW 43.12 FT NE 86 FT NW 55 FT LOT 7 BLK 44 Basis Front Front Foot i 3 . Totals Type Rear 43 Five-Famil Conversion ear Built 1891 rea LAN D Side 1 Side 2 115 115 DWELLING CHARACTERISTICS Style Lot Salva. e 1099 Total Rooms Above 14 Basement Full Foundation Heat Total Rooms Below 0 •C rea 499445 otal Living Area cres 0.114 0.114 1440 No Bedrooms Above Basement Finished Area 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 Exterior Walls ttic None Bedrooms Below 0 0 No Basement F oor 0000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000 Flooring Carp/Vin I/Hdwd Interior Finish Plas / Panel sph / Gable Non -Base Heating 000000000000000000000000000000000000000000000000000000 ddtions Plumbing Floor/Wall ear Built 1891 Pipeless Style 1 Stor Frame Full Bath 1 Toilet Room Sink 1 Mtl Stall Shower °EntStatusEstimated: Handfired Basement (SF) 242 No Basement (SF) 0 pace Heaters 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 Porch 1111111111111111111111111111111111111111111111111111 111111111, 11)10 �nrynw�imiwn�k titi 911,11'JP9(1,111, http://www2.co. black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891326253011 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 Style 1uu5uuuuFrameuuuuO pueuuunuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuui rea Page 111 of 2A 1/15/2019 Black Hawk County Detailed Parcel Report 12 22 1S B FR [242] 10 43 12 18 2S B FR (MAIN) [1099] 12 2 11 11 15 ;9 11 24 16 FR QTRS [99] 1S FR OP [228] IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIImuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuum Date Website Last Updated: 01/04/2019 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... http://www2.co. black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891326253011 Page 112 of 2j 2/27/2019 Printable Map Output Parcel Deed Holder: Parcel Address: Legend Select/ad Features hospital airport ,mli..0u'\l\e' }iraddpt parks_ parks t prng Railroads Townships Sections Water Parcels Rights.nf Way 1 Township City Linea ra lrcad aim roaddlm watername Black Hawk County Parcel Map 322 parceldim roadname_ Aerial Photos Black Hawk Co. CRESCENT PL, WATERLOO, IA 50703 '4�1�III ji titittlitillt 611111 1111101111111111 a w NIM atn creat otitllgij psi; Itlt 1992„„24M1 I£ IR.n Black Hawk County, Iowa 316 East 5th Street Waterloo, Iowa 50703-4774 Phone: (319) 833-3002 Fax: (319) 833-3070 E-mail: auditora@co.black-hawk.ia.us.orq Map Disclaimer: This map does not represent a survey. No liability is assumed for the accurac of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor or their employees. This map is compiled from official records, including plats, surveys, recorded deeds, and contracts, and only contains information required for local government purposes. See the recorded documents for more detailed legal information. Page 113 of 2311 2/27/2019 Black Hawk County Detailed Parcel Report .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Parcel ID Deed Holder Tax Mail to Address 8913-23-276-014 6 Map Area NWTLO-01 CITY OF WATERLOO Contract Bu er • ropert Address 322 CRESCENT PL ATERLOO, IA 50703-0000 CITY OF WATERLOO 715 MULBERRY ST ATTN: FINANCE DEPARTMENT ATERLOO, IA 50703-0000 urrent Recorded Transfer ate Drawn 0/21/2014 Date Filed 2/21/2014 Recorded Document 2014 015506 ype D ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... SALES BUILDING PERMIT ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... None Date Number mount Reason ..................................................................................................................................................................................................................................................................................... 12/1/2016 FC 12/31 /2007 WA 04261 ASSESSED VALUES/CREDITS ear Class 018 Demo/Rmv! Plumb/Elec 100% alue Land Multi -Residential Land Dwell ng Building otal 4,410 0 18,390 0 2,800 • cres 0 Taxable Value ear Multi -Residential Land Class Building Total ....................................................................................................................... 22,800 100% alue 000000000000000000000000000000000000000000000000000000 Taxable alue ear 2016 Land 4,410 111111111111 Land 4,410 100% ° Land alue 4,410 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Taxable Land alue 4,4100 Multi -Residential Land Dwelling 18,390 1111111 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 ulti-Residential Land 1 Multi -Residential Land 0 Multi -Residential Land Class Tax AMD1 TIF District 41311 WATERLOO LOGAN UR Gross Value Taxable Value MilitaryExemption Rate .. p . Levy Corp �0 0 0 40 0843 Nocorp NO0.. 0 0. Homestead Disabled VeteranPro ertYTaxRelef Ill�g Credit Credit Dwellin 9 18,390 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Dwellin 18,390 Dwelling 18,390 Building 0 Building 0 ° 10 2,800 Building Total 0 22,800 Corp Nocorp Credit Credit $0.00 $0.0 $0.00 LEGAL Gross Tax $0.00 $0.00 Net Tax $0.00..... Business Property Tax Credit $0.00 CALUMET SUBDIVISION LOT 6 BLK 3 W 1/2 LOT 7 BLK 3 LAND II 1 II IIII 1 IIII 1 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891323276014 Page 114 of 2 j 2/27/2019 Basis Front Front Foot Totals: 60 Rear 60 Side 1 130 Black Hawk County Detailed Parcel Report Side 2 ILot 130 0 DWELLING CHARACTERISTICS Type Sin•le-Famil / Owner Occu•ied ear Built Area 7800 7800 !Style otal L'V'n Area Acres 0.179 0.179 1 1/2 Story Frame 1217 00,0000000000000000000000000000000000001,0000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000,000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000 Total Rooms Above asement Total Rooms Below Bedrooms Above Basement Finished Area Foundation Exterior Walls Bedrooms Below No Basement Floor Floorin. Interior Finish �s•h / Gable Non -Base Heating Plumbing Pipeless Space Heaters IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1 Full Bath Porch Deck IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Style S Frame Open Style Concrete Patio -Low rea 64 .... .... .... .... .... Area 240 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... YARD EXTRAS Description FR GAR 14X18 ear Built 1916 Entry Status: Estimated Quantit 1 Plot No. Extended Description Quantity=1.00, Units=Each, Height=0 y'4 Egrhgilundth http://www2. co. bl ack-hawk. ia. us/website/bh map/bhRepDet. asp?apn=891323276014 Page 115 of 2A 2/27/2019 Black Hawk County Detailed Parcel Report 1S B FR OP [64] 12 CONC PATIO [249] 20 22 8 26 111.2S B FR [MAIN] [716] 8 8 18 30 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIImuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuum Date Website Last Updated: 02/22/2019 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... http://www2. co. bl ack-hawk. ia. us/website/bh map/bhRepDet. asp?apn=891323276014 Page 116 of 2j 2/27/2019 Printable Map Output Black Hawk County Parcel Map Parcel ID: Deed Holder: Parcel Address: Legend Selectee Features hospital airport u'\(1, f radapt parks_ parks twprnj Railroads Townships Sections Water Parcels rtiynita.o+away Y Township City Lines railroaddim ro,addim watername 8913-23-276-015 CITY OF WATERLOO 326 CRESCENT PL, WATERLOO, IA 50703 ,11 p 1I o 1ul1 l -1 r ri? iiilnll 0 I mr u 1 i' ,y;, I�U I� v II �I 1 _ �111111 IN %1 N 1e p I i 1 Ip�m1' 1611 1 ° Mryryy1/Y 1 � 1 � � �11 1 parcoldim roadnamo Aerial Photos Black Hawk Co. itt poi 1111111111 11, 1m' Il000000 1ti cl i' u 16 iii� 1(I� tz chatted with Black Hawk County, Iowa 316 East 5th Street Waterloo, Iowa 50703-4774 Phone: (319) 833-3002 Fax: (319) 833-3070 E-mail: auditora@co.black-hawk.ia.us.orq 11 fd111IIII VN d Ilgp tl II I,IIIly99 @m1011 o®ii µIIp1I�Idli i '1111111111111 1,111H1 1!q grim He' kC mil ,wd ihh tl 'Yi "I °i^Ilw 111111 BRATN BER " I; wi m1UW1 7A V'w Imus "w �y,WW IIII N�'; m�NV1o, �nviilWh' N,�+11I°411Inil� �. 10; 111111111111111ti 001111 ,61111111;+.. 100 71� ,11 00011 6 161 iV 11 ltl mV N. PSI o iu'Vuf111 11 11111111111111 n^�� 'N2 ,�Ipplpl'V'V'N'MI��l IIII a41r�'pMtii'S Cm e',p'�w�,lil® �I 1 12211CSR111ricI� "' d ., I III b' V Map Disclaimer: This map does not represent a survey. No liability is assumed for the accurac of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor or their employees. This map is compiled from official records, including plats, surveys, recorded deeds, and contracts, and only contains information required or local government purposes. See the recorded documents for more detailed legal information. 1 011111,11 unfoh::1111'1' 000000.0 III SII k nYt" 11 all Page 117 of 41 2/27/2019 Black Hawk County Detailed Parcel Report .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Parcel ID Deed Holder Tax Mail to Address 8913-23-276-015 Map Area CITY OF WATERLOO Contract Bu er NWTLO-01 • ropert Address CITY OF WATERLOO 715 MULBERRY ST ATTN: FINANCE DEPARTMENT ATERLOO, IA 50703-0000 326 CRESCENT PL ATERLOO, IA 50703-0000 urrent Recorded Transfer 11 ate Drawn 1/8/2014 Date Filed 1/8/2014 Recorded Document 2014 013427 ype D ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... SALES BUILDING PERMIT ...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Date mount NUTC / Type Date Number mount Reason 3/21/19867,000 FULFILLMENT OF PRIOR YEAR 12/1/2016 FC Demo/Rmvl CONTRACT - PRIOR 09 / Deed ASSESSED VALUES/CREDITS 5F;;;:"- 100% ar 100% Land Value 2,940 000,000000000000000000000000000000000000000000000000 Taxable Value ear 2017 100% alue 000000000000000000000000000000000000000000000000000000 Taxable alue ear 2016 100% alue axabluuuem Taxable uuuuuuuuuuuuuu ague Tax Distric Corp Land 2,940 Land 2,940 1111 Multi -Residential Land Dwelling Building otal • cres 5 0 2,600 0 8,540 0 Multi -Residential Land Dwelling 0 25,600 Class E Multi -Residential Land 0 Land 2,940 Land 2,940 Land Multi -Residential Land 0 Dwel I' n 9 25,600 Multi -Residential Land 0 Multi -Residential Land 2,940 0 Class E Building Total 0 28,540 Buildin 9 0 Dwellin 25,600 Dwelling 25,600 41311 - WATERLOO LOGAN UR AMD1 TIF Dwelling 25,600 Buildin otal 28,540 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Total 0 28,540 Building 0 Building Total 28,540 Gross Value Taxable Value MilitaryNet Tax Exemption Levy Rate Gross Tax 0.... 4„0.0843.... $0 00 0 00 Nocorp 0 0 0 0 Corp Nocorp $0.00 „Ho„m„estea„d„��������������������������������������������������������� „D��s„a„b„l��e„d������Vete„ran„������������������������ „Pro„����������e„„„„„„„„„��������������„Ta„x„����„Re�l„„„„ef„����������������������������������������������������� ��B„u„s„�i„ness�������P�ro�������������e�rt��� ��������Tax�������������������������������������������������������� Property �g Property Credit Credit Credit Credit Credit $0.00 $0.00 $0.00 $0.0 0.00 LEGAL LAND http://www2. co. bl ack-hawk. ia. us/website/bh map/bhRepDet. asp?apn=891323276015 $0.00 Page 118 of 2 2/27/2019 Basis Front Foot Totals: Front 40 Rear 40 Side 1 130 Black Hawk County Detailed Parcel Report Side 2 ILot 130 0 DWELLING CHARACTERISTICS Type S[Total Area Area Acres 5200 0.119 5200 0.119 Sin•le-Famil / Owner Occu•ied ear Built 1 Story Frame 720 Total Rooms Above asement Full Total Rooms Below Bedrooms Above Basement Finished Area Floor & Stairs Bedrooms Below No Basement Floor Foundation one/C Exterior Walls Floorin. Interior Finish Plas / Panel Roof sin / Gable Non -Base Heating Plumbing 1 Full Bath Pipeless Space Heaters IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII "EntStatusIns Inspected Porch Style 1S Frame Open .1111111111111111111111111111111111111111111111111111111111111I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 9i l9luuu0000uuu lop http://www2. co. bl ack-hawk. ia. us/website/bh map/bhRepDet. asp?apn=891323276015 Page 119 of 2A 2/27/2019 Black Hawk County Detailed Parcel Report 30 1S B A FR (MAIN) [720] 24 7 18 1S FR OP [126] IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIImuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuum Date Website Last Updated: 02/22/2019 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... http://www2. co. bl ack-hawk. ia. us/website/bh map/bhRepDet. asp?apn=891323276015 Page 120 of 2j „„„„,1„„„„„„„,„„„„„„,,,,,,,,„,,,„„, r' IIIIIIII JIV„,L.n I^1�Ixilliillll'^:M1:m I IIV1P0111II,^IN11"� q,lI1IY1;;I ,,,.,, ,.IIY6liii op' I tl, �1u1N , 11111111,111111111,„ ,�IVfI^rdumul°l l'I"111';II,V,Mn .! uul^^ II NY�IIn�I^� P'u!PIA'iV 111 611i1'i�''gVwdpll'o,�l�NIliull1.� , ,,,„1111111” umnd a lr ,j111d 101:1111,1111111111,1111,nrI 000000111,1 '011,111,1,1,1,1,1,1,1111111111111111,01,0101111,„„ " o1 l��ll �l„^II1pI 1111uuumm m um II 1111111^11.., 2uulliiiim I1hI%II'Ir �1i111�,1,11yVi1f11�iI IV11!, I CHARLE ISS T vuuuuuuul uII ,. 11111111111111111111111111111 ��illYl �'W111IIIIIII11111111111 IY !IP'ngl,!m "1 1100111,1'014AI� a 11l "N'11m E PARKER ST, M.^x';1,111 „,rolp.1,d„ 111,1111 1„, 1"1"10 ;. m 41µ'i ° IRmh S11"mrrval'; M11 ',14Iiio4N.!!f mois.1"' t'i�ii,��ll!u'�rll,l,, "IV�ui4PoV1,rIllm�rv91.,.. 1I11IIIII11111111111,11,11,1111,11,111 1111��1 lug I11�16i°iii Iu!I6m1 ��,111�!I'pn p'I'Ir�;r"''llll,� V.......,...1oomunininininootioninininooM r I I N;;6!III wrnlrhlN giipluu„ miuiiiiliuuliiliiiiiiiiuuuuuuuuu Ncte Base map data source is Black Hawk County This map does not represent a suoey no Is red for the accuracy of the data delineated ty neaaher ted ein, rather expressed or Implied by Black Hawk County the Black Hawk County Assessor, or then employees The Cdy of W atedoo makes no warranty, express or Implied, as to the accuracy of the Information shown on this rnap and express!, declaims I Iablllty for the accuracy thereof users should refer to ofdual plats smeys recorded deeds etc located at the Black Hawk County Asse..sor s n_ihce for complete and accurate Information Citta of Waterloo, Iowa W+E f 231 2/25/2019 Printable Map Output Parcel ID: Deed Holder: Parcel Address: Legend Selected Features hospital firod'1p4 parks_ parks t prng Railroads Townships Sections Water ] Parcels Rights.nf.Wuy Township City Linos roaddlm watername_, Black Hawk County Parcel Map 8913-35-226-017 wATHRLot 1131 BERTCH AV, WATERLOO, IA 50702 parcoldim roadname_ Aerial Photos Black Hawk Co. ,1. 1111//// ////I 111 w4 l oip�° 111111111111 11111 1111 111111111111111tdeli 1011 11111011111 lrr 111,111 111111 11111111111a, r,1 111111111111111 ("/ I'N iI II 101111111111 11 haual'Ih Neu lV(Iiilliluum II uuumluuuuuuuuuuuuuuuuuuumrl IwIllpliilV"1 I lllllllllllllllllllllJllllllllllllllllllll , ��h11�r11„i1� 'WC11':11.111 IIj III ly"1 lO i "11uuluulau4u1 ter, ('/1E/IIIIIII Illuuuuuuugi iiifIIVII 11 U9IVIw (arllgl INN dO ryy mw axicroll'fil�111 11111111 OIIIIIIIII I�kl 01@ 1 ESSil /11 111 Popgulp umliV' i Iit ✓yki(l i'ili �tiidlt Y0 1 0010101/ 1�%,I �� 111111 90#0.4.4 l III uluN.1 a dl ^i�x l„ a(6ll a l Illy �„ iki�l �'�� IYIFI"17ouN11ii- IIIIE11.IIIM /1//I'" � �41I(pllluuq li I lu oleo rY t 1,r11JIIB 1® Black Hawk County, Iowa 316 East 5th Street aterloo, Iowa 50703-4774 Phone: (319) 833-3002 Fax: (319) 833-3070 E-mail: auditorco.black-hawk.ia.us.or Map Disclaimer: This map does not represent a survey. No liability is assumed for the accurac of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor or their employees. This map is compiled from official records, ncluding plats, surveys, recorded deeds, and contracts, and only contains information required or local government purposes. See the recorded documents for more detailed legal information. Page 122 of 41 2/25/2019 Black Hawk County Detailed Parcel Report .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Huber 8913-35-226-017 Map Area WTLO-04 CITY OF WATERLOO Contract Bu er • ropert Address 1131 BERTCH AV ATERLOO, IA 50702-9242 Tax Mail to Address CITY OF WATERLOO 715 MULBERRY ST ATTN: FINANCE DEPARTMENT ATERLOO, IA 50703-0000 urrent Recorded Transfer Date Drawn 12/4/2014 Date Filed 12/10/2014 • ecorded Document 2015 009699 ..........................................................................................................................................................................................................................................................................................11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 ................................................................................................................................................................................................................................................................................. ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ SALES BUILDING PERMIT .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Date 3/21/2014 Amount NUTC / Type 598 FORECLOSURES, FORFEITURES, SHERIFFS AND TAX SALES, OR TRANSFERS ... - 12 / Deed 15,250 FULFILLMENT OF PRIOR YEAR CONTRACT - 12 / Deed SALE BY LENDING INSTITUTION OF Date 12/1/2016 4162"0'0""'10 zunn- 8/19/2003 9/10/1999 Number FC A 06102°1°°2 A 165 A 2231 mount Reason 0 Demo/Rmvl 5,000 Int Remodel 500 Roof 1,600 Misc PROPERTY ACQUIRED AS RESULT OF ... - PRIOR 09 / Contract SALE BY LENDING INSTITUTION OF PROPERTY ACQUIRED AS RESULT OF ... - PRIOR 09 / Deed ........................................................................................................................................................................................................................................................................................................................................................................................................................ ASSESSED VALUES/CREDITS ear Class 2018 100% alue 000000000000000000000000000000000000000000000000000000 Taxable alue ear Land 12,130 1111111111111 Land 12,130 E Multi -Residential Land 1111 111111111 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 ulti-Residential Land 017 100% alue 000000,000000000000000000000000000000000000000000000 Taxable alue 016 Land 12,130 Land Class Dwelling 19,600 111111111 Dwellin ` 19,600 Building 0 otal (Acres 31,730 0 31,730 E Multi -Residential Land 0 Multi -Residential Land 12,130 0 Class Dwelling 19,600 Dwelling 19,600 Building 0 otal 31,730 0 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 Building Total 0 31 730 100% alue Land Multi -Residential Land Dwelling Building 12,130 0 19,600 0 otal 31,730 0 cres Taxable Value 00,00000000000000000000000000000000000000000000000000 Tax Distric 00,00000000000000000000000000000000000000000000000000 Corp Nocorp 00,00000000000000000000000000000000000000000000000000 Land 12,130 Multi -Residential Land 0 Dwellin g 19,600 Building Total 0 31,730 •40001 - WATERLOO Gross Value 0 Homestead Taxable Value 0 Disabled Veteran Military Exemption Levy Rate 0 0.0843 1111111111111111111111111 Property Tax Relief �g http://www2.co. black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891335226017 111111111111111111111111111 Gross Tax $0.00 $0.00 4, 0.00 Business Property Tax Page 123 of 2 2/25/2019 Black Hawk County Detailed Parcel Report Credit ,Credit Credit ,Credit Corp$0.00 $0.00„ Nocorp „ LEGAL Credit $0.00 FOREST PARK ADDITION LOT 20 BLK 3 Basis Front Front Foot Totals: T pe 50 Rear 50 Sin.le-Famil / Owner Occupied ear Built LAND Side 1 Side 2 127 127 Lot rea 6350 6350 DWELLING CHARACTERISTICS St le otal Livin • Area 1 1/2 Sto Frame cres 0.146 0.146 Total Rooms Above Total Rooms Below Bedrooms Above Basement Full Foundation Basement Finished Area 0 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII None Bedrooms Below 0 000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000 No Basement Floor 0 0000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000 Flooring C Blk Exterior Walls Carp / Vin I Interior Finish Stucco Roof Plas sph / Gambrel Non -Base Heating Plumbina Floor/Wall Pipeless Handfired pace Heaters IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1 Full Bath Porch Style Frame Open GARAGES ear Built St le 1983 Det Frame idth Len•th rea Basement Qtrs Over rea 24 24 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 576 0 None 0 0 C EntrYStatus. Inspected http://www2.co. black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891335226017 BASEMENT STALLS Page 124 of 2A 2/25/2019 Black Hawk County Detailed Parcel Report MII Igloo AMP 1000 11125 B FR (MAIN) [520] 26 20 1S FR OP 8 [128] 16 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIImuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuum Date Website Last Updated: 02/22/2019 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... http://www2.co. black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891335226017 Page 125 of 2j 1/15/2019 Printable Map Output Black Hawk County Parcel Map Parcel ID: Deed Holder: Parcel Address: Legend Selectee Features hospital airport u'$4, firadept parks_ parks twprnj Railroads Townships Sections Water Parcels RigRd .nf.Way 1 Township City Linos railroad d,m ro,addim watername 8913-23-285-010 CITY OF WATERLOO 21 LOGAN AV, WATERLOO, IA 50703 IAVIIII 1luutl parcoldim• roadname_ Aerial Photos Black Hawk Co. IT Il f mI /In Y �(llfyiY pq 1111111111 iNCOLN ST.I; �f ti tl i, •VII. III tll III 1B 11, 1,1 1I 911Wu 111111111111 1111 e n7! IIS 8"I flu 41 19 11 lu rM 14 r ry 111111111111111411i !yr'11 nl IkJlll 1,1,� W ifrvi;! 8i11 IIIV� • 11111111 1111111 III fI �ulpu II�'p,R'i�r1�""1R � m11py,^ (IIII IV I'�" I uuumiIII1111 d,tl n1N11;/'"N IIIIII 1)1)1)1)1)) 1111uuuul IIIIIIIIIIIIIIIIIIIIII;IIIIIIIIIIIIIIIIIIIII VIII uuuuiuuu111111111111IIIIIIIIIIII "1111 11111111 l(lIllllll/11 IIIIIIIII� f�u uIIIIIIIIIIIIIIIIji11111111111111u1 lV I11111J��1�IIIIi 111'; Ip In Wp N/ MI I 0 ' 111 VIII l I' rel IpilllII 0�1�IV 4111��i�f I, Ilc v 1111114 1111111" 11111111;. III II or, 1, "11111111111II� A I I �III VII !VI W lul IIAma iii •11111111iiiiii,41 R VI I I Illllll1ull10 Uuu1I1IN111U pP )lI� l T o1eiyirrogih t iiC 11' 212 1 cs4.q I41,4I ,11 a,,m%III II,• II 11 �B 11111°I 111 Black Hawk County, Iowa 316 East 5th Street Waterloo, Iowa 50703-4774 Phone: (319) 833-3002 Fax: (319) 833-3070 E-mail: auditora@co.black-hawk.ia.us.org Map Disclaimer: This map does not represent a survey. No liability is assumed for the accurac of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor or their employees. This map is compiled from official records, including plats, surveys, recorded deeds, and contracts, and only contains information required for local government purposes. See the recorded documents for more detailed legal information. Page 126 of 41 1/15/2019 Black Hawk County Detailed Parcel Report .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID 8913-23-285-010 PDF Map Area Deed Holder CITY OF WATERLOO PDF 15 MR CONVERSION -WA E Propert Address 21 LOGAN AV ATERLOO, IA 50703-0000 Tax Mail to Address CITY OF WATERLOO 715 MULBERRY ST ATTN: FINANCE DEPARTMENT ATERLOO, IA 50703-0000 urrent Recorded Transfer Date Drawn 6/8/2017 Date Filed 9/18/2017 ecorded Document +018 004942 D .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... SALES BUILDING PERMIT ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 1\1\1 DNUTCmount / Type Date Number 2/1/2007 3500 IGNMENT/ASSUMPTION OF 6/8/2004 A4"" CONTRACT - PRIOR 09 / Contract NORMAL ARMS -LENGTH TRANSACTION - PRIOR 09 / Contract 8/1/2000 122,000 NORMAL ARMS -LENGTH TRANSACTION PRIOR 09 / Deed 11,000 TRANSFER OF PARTIAL INTEREST PRIOR 09 / Deed .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... mount Reason ASSESSED VALUES/CREDITS Year Class 018 100% alue 000000000000000000000000000000000000000000000000000000 Taxable alue ear 2017 100% alue 000000000000000000000000000000000000000000000000000000 Taxable ague ear 016 100% Land alue 0 Taxable Value h IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I Land 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 Land Multi -Residential Land 2,160 Multi -Residential Land 1,782 unmummummummummummummummENHENNENummummmummummmummummmummummmummummmummummENNENHENNENHENERY Land ulti-Residential Land 2,160 Class M Dwelling 7,150 Dwelling 7,150 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Dwellin 9 7,150 Building 0 Buildin 0 hummummummummummummummummusummummummummumummummummuumummumnom uuuuuuuuuuuuuuuuuuuuuuuuumuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuum uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuum Land 0 10000000000000000000000000000000000000000000000000000 Tax District 00,0000000000000000000000000000000000000000000000000 Corp Nocorp 00,0000000000000000000000000000000000000000000000000 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Multi -Residential Land 1,701 Multi -Residential Land 2,160 941311 Multi -Residential Land 1,782 Dwelling 5,631 Class 8,932 otal (Acres 9,310 Building 0 Total IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIil7III'I3I3�2�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Dwelling 5,899 WATERLOO LOGAN UR AMD1 TIF Gross Value 9,310 0 Homestead Credit Taxable Value 7,332 0 Disabled Veteran Credit Military Exemption 1111111111111111111111111 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 Cred„arty Tax Relief http://www2.co. black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891323285010 Levy Rate 0.0843 0 00,000,00000000000000000000000000000000000000000 Credit otal 9.3:10 cres 0 Building otal 7,681 IIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIII 111111111111111111111111111 Gross Tax $293.90 Net Tax $294.00 Business Property Tax Credit Page 127 of 2 1/15/2019 Corp Nocorp $0.00 Black Hawk County Detailed Parcel Report $0.00 $0.00 00.00 $0.00 LEGAL UD RAINBOWS LOGAN AVE & BELT LINE PLAT LOT 37 Basis Front Front Foot A 0 . Totals Rear LAND Side 1 Side 2 179 179 Lot $0.00 rea 7160 7160 cres 0.164 0.164 T pe hree-Famil Conversion ear Built 1901 rea DWELLING CHARACTERISTICS St le otal Livin • Area Sto Frame 728 Total Rooms Above 9 Basement Heat Total Rooms Below 0 1596 C No Bedrooms Above Basement Finished Area ttic None Bedrooms Below 0 No Basement Floor Full Foundation IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Flooring Exterior Walls Carp / Tile Interior Finish d Lap Roof Plas sph / Gable Non -Base Heating 000000000000000000000000000000000000000000000000000000 ddtions Plumbing Floor/Wall 0 Pipeless ear Built 1901 1901 Style 1 Story Frame 1 Story Frame Handfired = asement (SF) 0 0 3 Full Bath 2 Sink pace Heaters No Basement (SF) 0 0 Style Wood Stoop es Yes 0 48 En Ey :"im EStatus Estimated http://www2.co. black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891323285010 Page 128 of 2A 1/15/2019 Black Hawk County Detailed Parcel Report 1S B FR [70] 14 14 14 14 14 2S B FR [MAIN] 7 14 [728] 14 8 6 8 12 12 14 1S B FR [70] WD STPIR [48] IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIImuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuum Date Website Last Updated: 01/04/2019 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... http://www2.co. black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891323285010 Page 129 of 2j 1/15/2019 Printable Map Output Parcel ID: Deed Holder: Parcel Address: Legend Selected Features hospital ,Yk•Lotl\e' }"dept parks_ parks twpnig Railroads Townships Sections Water Rights.nfaWay ,.,,1 Township City Linos railroad dim ro,addim watername_, Black Hawk County Parcel Map 8913-23-285-027 154 HARRISON ST, WATERLOO, IA 50703 parcoldim roadname_ Aerial Photos Black Hawk Co. ;nit/. ,02TeVR.0611 wi Black Hawk County, Iowa 316 East 5th Street aterloo, Iowa 50703-4774 Phone: (319) 833-3002 Fax: (319) 833-3070 E-mail: auditorco.black-hawk.ia.us.or llllllllll�ll,!liip OOhh���� Copyrigiit1' 5:2,,:2' G1LSR.iItloe 1u11f1 miilVrw VII°0.:B .v1 rsrn,1111111i, Map Disclaimer: This map does not represent a survey. No liability is assumed for the accurac of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor or their employees. This map is compiled from official records, ncluding plats, surveys, recorded deeds, and contracts, and only contains information required or local government purposes. See the recorded documents for more detailed legal information. Page 130 of 2311 1/15/2019 Black Hawk County Detailed Parcel Report .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Parcel ID Deed Holder Tax Mail to Address 8913-23-285-027 6 Map Area NWTLO-01 CITY OF WATERLOO Contract Bu er • ropert Address 154 HARRISON ST ATERLOO, IA 50703-0000 CITY OF WATERLOO 715 MULBERRY ST ATTN: FINANCE DEPARTMENT ATERLOO, IA 50703-0000 urrent Recorded Transfer ate Drawn /8/2017 Date Filed 9/18/2017 Recorded Document 2018 004941 ype D ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... SALES ...................................................................................................................................................................................................................................................................................... Date mount NUTC / Type 2/22/1994 18,000 NORMAL ARMS -LENGTH TRANSACTION - PRIOR 09 / Contract 18,000 NORMAL ARMS -LENGTH TRANSACTION - PRIOR 09 / Contract 15,000 NORMAL ARMS -LENGTH TRANSACTION - PRIOR 09 / Contract ..................................................................................................................................................................................................................................... BUILDING PERMIT .............................................................................................................................................................................................................................................................................. Date Number mount Reason 3/22/2004 A 0137 3,750 Roof 3/24/2003 A HA 0179 1,625 Mise ASSESSED VALUES/CREDITS ear Class E 100% Land Value 2,270 00,0000000000000000000000000000000000000000000000000 Taxable Value ear 2017 ...................... 100% alue 000000000000000000000000000000000000000000000000000000 Taxable alue Multi -Residential Land 0 Land 2,270 Land 2,270 Dwelling 13,470 0 1 5,744 Building otal Multi -Residential Land 0 Class R Multi -Residential Land 0 Land 1,263 Dwelling 3,470 Dwellin ` 13,470 Multi -Residential Land 0 Class Building cres Total 0 15,740 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 Buildin 9 0 Dwellin 9 7,492 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 otal 15,740 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII = uildin• otal 0 8,755 2016 100% alue Taxable Value Tax Distric Corp Nocorp 00,0000000000000000000000000000000000000000000000000 Land 2,270 Multi -Residential Land 0 Dwelling Building otal • cres 13,470 0 15,740 0 Corp Nocorp Multi -Residential Land 0 41311 - WATERLOO LOGAN UR AMD1 TIF Gross Value Taxable Value 15,740 0 Homestead red it $0.00 8,755 0 Disabled Veteran Credit MilitaryExemption 1111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII $0.00 Property Tax Relief Credit $0.00 $0.00 LEGAL http://www2. co. bl ack-hawk. ia. us/website/bhmap/bhRepDet.asp?apn=891323285027 Building otal 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111118 963 11111111111111111111111111111111111111111111111111111111 Levy Rate 40.0843 0 00,000,00000000000000000000000000000000000000000,00000000000 Gross Tax $350.94 $0.00 Net Tax $350.00 g Business Property Tax Credit Credit $0.00 $0.00 age 1/15/2019 MORRIS CASE ADDITION W 30 FT LOT 8 BasiFront Rear Basis Front Foot 30 30 Total, s T pe Sin.le-Famil / Owner Occupied ear Built Black Hawk County Detailed Parcel Report LAND Side 1 Side 2 iLot 145145 I0 ftkrea res 4350 0.1 350 DWELLING CHARACTERISTICS St le otal Livin • Area 1 Sto Frame 0.1 Total Rooms Above Basement Total Rooms Below Bedrooms Above Basement Finished Area Exterior Walls Composite Siding sph / Hip Non -Base Heating Fully Finished Bedrooms Below 0 .... No Basement Floor Floorin • Carp / Vin 1 Interior Finish Pias 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111,1 Floor/Wall 0 Pipeless GARAGES Handfired Space Heaters ear Built St le 1941 Det Frame idth Len•th rea Basement Qtrs Over rea 0 0 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 199 0 None 0 0 C Entry Status. Inspected ti g,lrrnrt�(�r�ilolr (di ZO1 immfir Id1,11116 ralih r or dr nNif �rh ,rtaar df" ........... n Rorll K:miginu http://www2. co. bl ack-hawk. ia. us/website/bhmap/bhRepDet.asp?apn=891323285027 BASEMENT STALLS None Page 132 of 2A 1/15/2019 Black Hawk County Detailed Parcel Report 26 22 1S B A FR [MAIN] [747] 16 12 14 7 6 3 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Date Website Last Updated: 01/04/2019 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... http://www2. co. bl ack-hawk. ia. us/website/bhmap/bhRepDet.asp?apn=891323285027 Page 133 of 2j 1/15/2019 Printable Map Output Black Hawk County Parcel Map Parcel ID: Deed Holder: Parcel Address: Selected Features hospital airport I iati' aradapt parks_ parks twp nj it Railroads Townships Sections Water Parcels RiutdsinrtWay Y Township City Linea railroad_dim roaddlm watername 111 Legend 8913-25-127-007 parcoldim roadname_ Aerial Photos Black Hawk Co. 11 E 8TH ST, WATERLOO, IA 50703 11111111111 11 '�i UIIIIII(iiNllllll ; yµ; � �i""lel I IIIUmi, A1111111111111E P� til PIIS �M' �I Di' M 4f JI lion° Black Hawk County, Iowa 316 East 5th Street Waterloo, Iowa 50703-4774 Phone: (319) 833-3002 Fax: (319) 833-3070 E-mail: auditora@co.black-hawk.ia.us.orq h AT rl 11111 .I,., �h yd h, lI�81i1 �I 1111111 rigid IC I 199.2n2001 ESIRI bar d Map Disclaimer: This map does not represent a survey No liability is assumed for the accurac of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor or their employees. This map is compiled from official records, including plats, surveys, recorded deeds, and contracts, and only contains information required or local government purposes. See the recorded documents for more detailed legal information. Page 134 of 2311 1/15/2019 Black Hawk County Detailed Parcel Report .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID 8913-25-127-007 PDF Map Area Deed Holder CITY OF WATERLOO PDF 15 MR CONVERSION -WA E Propert Address A 1 1 E8THST ATERLOO, IA 50703-4405 Tax Mail to Address CITY OF WATERLOO 715 MULBERRY ST ATTN: FINANCE DEPARTMENT ATERLOO, IA 50703-0000 urrent Recorded Transfer Date Drawn 12/14/2016 Date Filed 12/14/2016 ecorded Document 2017 011058 D pe .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... SALES BUILDING PERMIT ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Date mount NUTC / Type Date Number mount Reason 10/11/2016 A 14066 3,410 8/28/2008 A 06052 12/16/1996 1917 ................................................................................................................................................. r 400 ASSESSED VALUES/CREDITS ear Class 018 Roof Furnace Demo/Rmvl 100% alue Land Multi -Residential Land Dwelling Building otal 0 , ,930 10,920 0 15,850 cres 0 Taxable Value ear 2017 0 100% alue Taxable alue Land 0 Multi -Residential Land ,067 Class E Year 2016 Land 0 Land 0 Multi -Residential Land ,930 Multi -Residential Land ,067 Class Dwelling 10,920 )wellin 0,920 Dwe 10,9 Buildin 0 Building Total 0 14,987 14,987 100% Land Multi -Residential Land Dwelling Building otal cres Value 0 ,930 10,9201 l0 15,850 0 Taxable Landlti-ReS........................Muidential.... Land La!Dwe............................................................................................................1lin9 !Bu................................................. i1din9 ............................................ Total Value 0 067 9,009 0 13,076 TAX INFORMATION ASSESSMENT YEAR 2017 PAYABLE 2018/2019 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Tax Distric X941131 - WATERLOO RATH AREA TIF AMD1 Gross ValUe Taxable ValUe Military Exemption Levy Rate Gross Tax Net Tax Corp Nuoucomruupuuuuuuuuuuuuuuuuuuu Corp Nocorp 0 omestead red it $0.00 0 Disabled Veteran Credit 0.0843 o"" 0IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1111111111111111111111111111 00,00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000,000000000000000000000000000000000000000000,000000000000 $0.00 Property Tax Relief 9 Credit Credit . $000 $0.00 $0.00 LEGAL $0.00 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII $0.00 $0.00 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Business Property Tax Credit $0.00 ORIGINAL PLAT WATERLOO EAST LOT 5 BLK 42 NE 5 1/2 FT SE 103.5 FT LOT 8 BLK 42 & EASE http://www2.co. black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891325127007 1/15/2019 Basis Front Rear Front Foot 60 60 Front Foot 5 5 Totals: T pe hree-Famil Conversion ear Built Total Rooms Above Basement Foundation Exterior Walls Black Hawk County Detailed Parcel Report LAND Side 1 Side 2 Lot 150 150 10 104 104 10.. Area Acres 9520 0.219 9520 0.219 DWELLING CHARACTERISTICS St le otal Livin • Area Total Rooms Below Bedrooms Above Basement Finished Area sph / Gable Floorin. Carp /Vin I Interior Finish Pias / Panel Bedrooms Below No Basement Floor Non -Base Floor/Wall Pipeless Handfired Heating 0 ...earBuilt................. 0000000000000000000000000000000000000000000000000000000000000.000000000000000000000000000000000000000000000000000000000000100000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000 Style.......................................................................rea........Basement(SF) ................................No...BaSement(SF). ddtions Space Heaters Heat AC Attic 1896 1 Story Frame 369 182 0 yes No l0 1920 1 Story Frame 204 0 0 Yes No 0 2 Full Bath 1 Toilet Room 2 Sink 1 Mtl Stall Shower Bath Entry Status: Inspected Porch 111111111111111111111111111111111111111111111111 Deck 111111111111111111111111111111111111111111111111 01111 �10 0 u i ref http://www2.co. black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891325127007 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 Style rea 1 S Frame Open 1 S Frame Enclosed 1S FrameEnclosediuuuuuuuuuuuuuuuuuuuuuuuuuuuui Style FbIs/MtI Roof-Low00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000 Page 136 of 2A 1/15/2019 Black Hawk County Detailed Parcel Report 1S FR EP [24] 17 1S FR 12 [204] 30 16 16 14 13 7 8 1S B FR 19 [369] 8 12 13 2S B FR (MAIN) [986] 1S FR EP 11 [154] 14 3 20 4 8 15 8 10 1S FR OP [160] 8 FGLS RF [32] 5 f IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIImuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuum Date Website Last Updated: 01/04/2019 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... http://www2.co. black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891325127007 Page 137 of 2j CITY OF WATERLOO, IOWA ASBESTOS ABATEMENT SERVICES Request for Bid Bids are due Thursday May 2, 2019 at 1:00 p.m. Asbestos Abatement Contract #AB -2019-05-06-09P 614 W. 7th Street, 623 W. 2nd Street, 322 Crescent Place, 326 Crescent Place, 2127 E. 4th Street (former St. Mary's Rectory only),1131 Bertch Avenue, 421 Logan Avenue,154 Harrison Street, 411 E. 8th Street City of Waterloo, Iowa Prepared by Chris Western -Project Manager City of Waterloo Planning and Zoning Department Page 138 of 231 SECTION I NOTICE OF REQUEST FOR PROPOSALS 1.0 Receipt and Opening of Proposals 1.0.1 All proposals must be received in a sealed envelope in City Hall (date and time stamped) by Thursday Mav 2, 2019 at 1:00 p.m.. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry St, Waterloo, Iowa. Proposals sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation `SEALED RFP FOR ASBESTOS ABATEMENT SERVICES', and the name of the company submitting the proposal. 1.1 RFP Timeline Date of Issuance: Wednesday April 10, 2019 Mandatory Walk-thru Date: There is No Mandatory Walk Thru for the residential properties. However, some of the homes particularly 322 and 326 Crescent Place have a fair amount of debris in them. For those properties, the contractor will be required to move the debris as needed and replace inside the home when the project is completed. Deadline for Proposal Submittal: 1:00 p.m. Thursday May 2, 2019 Submit Sealed Proposal to SEALED RFP FOR Asbestos Abatement Services: Contract #AB -2019-04-28-09P-614 W. 7th Street, 623 W. 2nd Street, 322 Crescent Place, 326 Crescent Place, 2127 E. 4th Street (former St. Mary's Rectory only),1131 Bertch Avenue, 421 Logan Avenue,154 Harrison Street, 411 E. 8th Street. City Hall City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Method of Submittal: Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Contact Person, Title: Chris Western, Planner II/Project Manager E-mail Address: chris.western@waterloo-ia.org Phone/ Fax Numbers: Phone: 319-291-4366 Fax: 319-291-4262 1.2 The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any Proposer. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals will be retained in the RFP file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. RFP FOR ASBESTOS ABATEMENT SERVICES: 2127 E. 4th Street (Former St. Mary's Rectory), 1131 Bertch Avenue, 61416Atrp59 of 231 623 W. 2nd Street, 322 Crescent 326 Crescent, 421 Logan Avenue, 154 Harrison Street and 411 E. 8th Street. Page`24,r9 1.4.1 Bids will be opened on Thursday May 2, 2019, at 1:00 pm (our clock) Central Time in the first floor conference room and awarded on Monday May 6, 2019. Proposals will be evaluated promptly after opening. 1.4.2 After an award is made, a proposal summary will be sent to all companies who submitted a proposal. Proposal results will not be given over the telephone. Proposals may be withdrawn anytime prior to the scheduled closing time for receipt of proposals; no proposal may be modified or withdrawn for a period of sixty (60) calendar days thereafter. SECTION II INSTRUCTIONS TO PROPOSERS 2.0 The Proposal shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFP and agree to all terms and conditions, except as provided in paragraph 2.4 below. The City of Waterloo reserves the right to reject any or all proposals, and to accept in whole or in part, the proposal, which, in the judgment of the proposal evaluators, is the most responsive and responsible proposal. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. The contract shall provide certificate of insurance having the City of Waterloo as additional insured. 2.2 A bid guarantee from each Proposer equivalent to five percent (5%) of the bid price is required. The bid guarantee shall consist of a firm commitment, such as a bid bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Proposer will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.3 This Request for Proposal does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of proposals, or costs incurred in making necessary studies for the preparation of proposals. 2.4 Important Exceptions to Contract Documents - The Proposer shall clearly state in the submitted proposal any exceptions to, or deviations from, the minimum proposal requirements, and any exceptions to the terms and conditions of this RFP. Such exceptions or deviations will be considered in evaluating the proposals. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFP may cause their proposal to be rejected. No additional exceptions shall be allowed after submittal of a proposal. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFP, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". RFP FOR ASBESTOS ABATEMENT SERVICES: 2127 E. 4th Street (Former St. Mary's Rectory), 1131 Bertch Avenue, 61416Atrtit0 of 231 623 W. 2nd Street, 322 Crescent 326 Crescent, 421 Logan Avenue, 154 Harrison Street and 411 E. 8th Street. Page 9 SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for eight (3) weeks beginning May 6, 2019 to June 28, 2019. 3.0.2 3.0.2 The City and the Contractor may renew the original Contract for one (1) week time periods by mutual agreement. Two (2) week's notice must be given to renew the Contract for additional increments. 3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance requirements have been met. Each section contained herein, any addenda and the response (Proposal) from the successful bidder shall also be incorporated by reference into the resulting Contract. 3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.5 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Proposer will be required to enter into a written contract with the City. 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14 -day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14 -day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The 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 the Contract at any time by delivering to Contractor 10 -days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; RFP FOR ASBESTOS ABATEMENT SERVICES: 2127 E. 4th Street (Former St. Mary's Rectory), 1131 Bertch Avenue, 6141 6 AtrpO4, of 231 623 W. 2nd Street, 322 Crescent 326 Crescent, 421 Logan Avenue, 154 Harrison Street and 411 E. 8th Street. Page`44,r9 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Invoices for services authorized under this Contract shall be submitted on a monthly basis and will be paid within forty-five (45) days after receipt of an original invoice and after services are delivered and have been accepted. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred. 3.2.3 All invoices and supporting documentation shall be submitted at the intervals as agreed upon via US mail to: Attn: City of Waterloo Planning and Zoning Department, 715 Mulberry Street, Waterloo, IA 50703. 3.2.4 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.5 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. SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking proposals for asbestos abatement services for: 614 W. 7th Street, 623 W. 2nd Street, 322 Crescent Place, 326 Crescent Place, 2127 E. 4th Street (former St. Mary's Rectory only),1131 Bertch Avenue, 421 Logan Avenue,154 Harrison Street, 411 E. 8th Street. 4.1 Scope of Work The City of Waterloo is seeking a qualified asbestos abatement contractor to remove asbestos containing material (ACM). Proposer shall be responsible to familiarize itself with the specifications included in this RFP and to make a personal examination of the job site(s) and the physical conditions that may affect its bidding and performance under the Contract. The services to be performed under this Contract shall consist of the following: RFP FOR ASBESTOS ABATEMENT SERVICES: 2127 E. 4th Street (Former St. Mary's Rectory), 1131 Bertch Avenue, 614Atrp442 of 231 623 W. 2nd Street, 322 Crescent 326 Crescent, 421 Logan Avenue, 154 Harrison Street and 411 E. 8th Street. Page 9 4.1.1 All services must be performed in accordance with all applicable codes and ordinances of the City of Waterloo, Iowa, accepted professional standards and best practices, as well as all applicable Federal and State regulations, including but not limited to asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants (NESHAP), as well as applicable State regulations of the Iowa Department of Natural Resources. The Contractor shall hold and maintain an asbestos permit issued by the Iowa Division of Labor, and all personnel who perform work on the Project shall hold and maintain an Iowa asbestos license issued by the Iowa Division of Labor. 4.1.2 Remove ACM as identified in the asbestos survey included as Exhibit "B". 4.1.3 Document amounts of ACM removed from each structure. 4.1.4 Document ACM disposal at the Black Hawk County landfill through the use of landfill tickets and provide copies to the project manager. 4.1.5 At the request of the City given with reasonable advance notice, attend meetings of the City relative to the work set forth in this Agreement. 4.1.6 Provide other services as requested by the City as may be necessary to implement the demolition project. 4.2 Silence of Specifications — Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Proposal. 4.3 Due to project requirements, the contractor that conducted asbestos surveys is not eligible to perform asbestos abatement on the same properties, and therefore is not eligible to bid on this RFP. 4.4 The Contractor shall complete the Project in an expeditious manner and shall commence work within ten (10) days after being notified by the City with a Notice to Proceed on any given property or properties. All work shall be completed and necessary reports and documentation provided within twenty-five (25) days of the issuance of Notice to Proceed. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. RFP FOR ASBESTOS ABATEMENT SERVICES: 2127 E. 4th Street (Former St. Mary's Rectory), 1131 Bertch Avenue, 614 1 6 Atrpg03 of 231 623 W. 2nd Street, 322 Crescent 326 Crescent, 421 Logan Avenue, 154 Harrison Street and 411 E. 8th Street. Page 9 SECTION VII GENERAL TERMS AND CONDITIONS 1. LANGUAGE, WORDS USED INTERCHANGEABLY - The word CITY refers to the CITY OF WATERLOO, IOWA throughout these Instructions and Terms and Conditions. Similarly, PROPOSER refers to the person or company submitting an offer to sell its goods or services to the CITY, and CONTRACTOR refers to the successful bidder. 2. PROPOSER QUALIFICATIONS - No Proposal shall be accepted from, and no Contract will be awarded to, any person, firm or corporation that is in arrears to the City upon debt or Contract, that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service proposal and that they have the necessary financial resources to provide the proposed supply/service as described in this Request for Proposal. 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ OFFEROR - Any deviation from this specification MUST be noted in detail, and submitted in writing in the Proposal. Completed specifications should be attached for any substitutions offered, or when amplifications are desirable or necessary. The absence of the specification deviation statement and accompanying specifications will hold the Proposer strictly accountable to the specifications as written herein. Failure to submit this document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for delivery. If specifications or descriptive papers are submitted with Proposals, the Proposer's name should be clearly shown on each document. 4. COLLUSIVE PROPOSAL - The Proposer certifies that the proposal submitted by said Proposer is done so without any previous understanding, agreement or connection with any person, firm, or corporation making a proposal for the same Contract, without prior knowledge of competitive prices, and it is, in all respects, fair, without outside control, collusion, fraud or otherwise illegal action. 5. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS - All changes in Proposal documents shall be through written addendum. Verbal information obtained otherwise will NOT be considered in awarding of Proposals. 6. PROPOSAL CHANGES - Proposals, amendments thereto, or withdrawal requests received after the time advertised for Proposal opening, will be void regardless of when they were mailed. 7. HOLD HARMLESS AGREEMENT - The Contractor agrees to protect, defend, indemnify and hold harmless the City of Waterloo, its officers and employees, their agencies and agents, from any and all claims and damages of every kind and nature made, rendered or incurred by or in behalf of every person or corporation whatsoever, including the parties hereto and their employees that may arise, occur, or grow out of any acts, actions, work or other activity done by the Contractor, its employees, subcontractors or any independent contractors working under the direction of either the Contractor or subcontractor in the performance of this Contract. 8. PROPOSAL REJECTION OR PARTIAL ACCEP- TANCE - The City reserves the right to reject any or all Proposals. The City further reserves the right to waive technicalities and formalities in Proposals, as well as to accept in whole or in part such Proposals where it is deemed advisable in protection of the best interests of the City. 9. PROPOSAL CURRENCY/LANGUAGE - All proposal prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the Contract regardless of the exchange rate. All proposal responses must be submitted in English. 10. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within 45 days and on receipt of an original invoice. 11. MODIFICATION, ADDENDA & INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring explanation or interpretation, must be inquired into by the Proposer in writing at least 72 hours (excluding weekends and holidays) prior to the time set for the Proposal opening. Any and all such interpretations or modifications will be in the form of written addenda. All addenda shall become part of the Contract documents and shall be acknowledged and dated on the signature page. 12. LAWS AND REGULATIONS - All applicable State of Iowa and federal laws, ordinances, licenses and regulations of a governmental body having jurisdiction shall apply to the award throughout as the case may be, and are incorporated here by reference. 13. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by the City. 14. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal offers sent by electronic devices (e.g. facsimile machines) are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow adequate time for delivery of their proposal either by airfreight, postal service, or other means. 15. CANCELLATION - Either party may cancel the award in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 16. ASSIGNMENT - Proposer shall not assign this order or any monies to become due hereunder without the prior written consent of the City. Any assignment or attempt at assignment made without such consent of the City shall be void. 17. EQUAL OPPORTUNITY - The successful firm agrees not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation RFP FOR ASBESTOS ABATEMENT SERVICES: 2127 E. 4th Street (Former St. Mary's Rectory), 1131 Bertch Avenue, 6141 6 AtF4r4 of 231 623 W. 2nd Street, 322 Crescent 326 Crescent, 421 Logan Avenue, 154 Harrison Street and 411 E. 8th Street. Page 9 against any person otherwise qualified solely because of age, race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, citizenship status, disability, or veteran status. 18. TAXES - The City of Waterloo is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. 19. PROPOSAL INFORMATION IS PUBLIC — All documents submitted with any proposal and the proposal shall become public documents and subject to Iowa Code Chapter 22, which is otherwise known as the "Iowa Open Records Law". By submitting any document to the City of Waterloo in connection with a proposal, the submitting party recognized this and waives any claim against the City of Waterloo and any of its officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Waterloo and its officers and employees harmless from any claims arising from the release of any document or information made available to the City of Waterloo arising from any proposal opportunity. RFP FOR ASBESTOS ABATEMENT SERVICES: 2127 E. 4th Street (Former St. Mary's Rectory), 1131 Bertch Avenue, 6141 6 Atrpg05 of 231 623 W. 2nd Street, 322 Crescent 326 Crescent, 421 Logan Avenue, 154 Harrison Street and 411 E. 8th Street. Page 9 EXHIBIT "A" SIGNATURE PAGE Asbestos Abatement The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Our "not to exceed" bid price for abatement of each property is: 614 W. 7th Street $ 623 W. 2nd Street $ 322 Crescent Place $ 326 Crescent Place $ 2127 E. 4th Street (former St. Mary's Rectory only) $ 1131 Bertch Avenue $ 421 Logan Avenue $ 154 Harrison Street 411 E. 8th Street Total $ Total in written form: Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date: Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date We choose not to bid at this time but would like to be considered for future requests for bid RFP FOR ASBESTOS ABATEMENT SERVICES: 2127 E. 4th Street (Former St. Mary's Rectory), 1131 Bertch Avenue, 6141 6410tr06 of 231 623 W. 2nd Street, 322 Crescent 326 Crescent, 421 Logan Avenue, 154 Harrison Street and 411 E. 8th Street. Page 9 CITY OF WATERLOO Council Communication Resolutions setting date of public hearing as May 6, 2019 on the proposed issuance of the following bonds and instruct the City Clerk to publish said notice. (Details on projects covered by each hearing are on file for review.) City Council Meeting: 4/22/2019 Prepared: 4/17/2019 REVIEWERS: Department Clerk Office SUBJECT: Reviewer Action Date eid..n.er, A/tichelle .Approved 4/1.7/2019 .... 11:22 A.M llritry,Nancy.Approved. 44/1`1/20p9.., 11:37 AM. Resolutions setting date of public hearing as May 6, 2019 on the proposed issuance of the following bonds and instruct the City Clerk to publish said notice. (Details on projects covered by each hearing are on file for review.) {a) GCP-2 - Not to exceed $700,000 General Obligation Bonds (General Corporate Purpose) kb) GCP-3 - Not to exceed $700,000 General Obligation Bonds (General Corporate Purpose) kc) GCP-4 - Not to exceed $700,000 General Obligation Bonds (General Corporate Purpose) (d) GCP-5 - Not to exceed $700,000 General Obligation Bonds (General Corporate Purpose) (e) ECP -UR -6 - Not to exceed $3,100,000 General Obligation Urban Renewal Bonds (Essential Corporate Purpose) Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Summary Statement: We are planning to sell $10 million in general obligation bonds for a number of general purposes this spring. We plan to use the State of Iowa Revolving Fund for sewer project funding. Public hearings will be held for those projects at a later date.. The new principal amount of $10,000,000 plus interest will be required to be Expenditure Required: repaid in the future. Source of Funds: Repayment will be made from various sources, including general property taxes and tax increment revenue. Policy Issue: The issuance of bonds commits the city to future repayment. Alternative: The City could choose not to sell bonds and not proceed with the projects. This would reduce future debt service costs. However, other costs would likely increase. For example, a number of the planned projects have been mandated by regulatory agencies that could have financial implications if the Page 147 of 231 Background Information: projects aren't completed as required. A general listing of projects planned to be completed using bond proceeds authorized by these hearings will be provided prior to the hearings. Page 148 of 231 CITY OF WATERLOO Council Communication Motion to approve Exception to Burning Yard Waste application for Neil Hammargren to bum 25 acres of native prairie and switch grass north of E. Airline Highway and east of Logan Avenue, between April 19 and April27, 2019. City Council Meeting: 4/22/2019 Prepared: REVIEWERS: Department Reviewer Action Date 1"uua ➢Zcw.r�; uc- iiigehy, N cy Approved 4/17/2019 11:52 AM SUBJECT: Motion to approve Exception to Burning Yard Waste application for Neil Hammargren to burn 25 acres of native prairie and switch grass north of E. Airline Highway and east of Logan Avenue, between April 19 and April 27, 2019. Page 149 of 231 CITY OF WATERLOO Council Communication Motion to approve Exception to Burning Yard Waste application for Orange Elementary School to burn approximately .62 acres of native grass and flowers on the south side of the school property, located at 5805 Kimball Avenue, between April 15 and May 31, 2019. City Council Meeting: 4/22/2019 Prepared: REVIEWERS: Department Reviewer Action Date C p`p ica, i 1 iggny, N R.n.a cy Approved X14/ix,/20p9 .... 10:56 AM SUBJECT: Motion to approve Exception to Burning Yard Waste application for Orange Elementary School to burn approximately .62 acres of native grass and flowers on the south side of the school property, located at 5805 Kimball Avenue, between April 15 and May 31, 2019. Page 150 of 231 CITY OF WATERLOO Council Communication Motion to approve Exception to Burning Yard Waste application for Waterloo Community Schools to burn approximately 1.35 acres of native grass and flowers near the corner of Huntington Road and Katoski Drive, between April 15 and May 10, 2019. City Council Meeting: 4/22/2019 Prepared: REVIEWERS: Department Reviewer Action t.'telt. t.:a pMp ice i i icphy, Na cy Approved SUBJECT: Date 4/18/2019 .... 10:59 A.M: Motion to approve Exception to Burning Yard Waste application for Waterloo Community Schools to burn approximately 1.35 acres of native grass and flowers near the corner of Huntington Road and Katoski Drive, between April 15 and May 10, 2019. Page 151 of 231 CITY OF WATERLOO Council Communication Motion to approve Exception to Burning Yard Waste application for Hawkeye Community College to burn approximately 8 acres of native prairie grass, between April 23 and May 15, 2019. City Council Meeting: 4/22/2019 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Rigby, Approved 4/18/2019.... 11.01 AM SUBJECT: Motion to approve Exception to Burning Yard Waste application for Hawkeye Community College to burn approximately 8 acres of native prairie grass, between April 23 and May 15, 2019. Page 152 of 231 CITY OF WATERLOO Council Communication Bonds City Council Meeting: 4/22/2019 Prepared: REVIEWERS: Department Reviewer Action ........ Higby, 'Nancy Appmved ATTACHMENTS: Description Type Bonds for council approval 4,22,19 Backup :Material. SUBJECT: Bonds Date 4/17/2019 11:53 AM Page 153 of 231 BONDS FOR COUNCIL APPROVAL APRIL 22, 2019 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 64435158 T240498 SY95411 7900370807 IA 596207 7900452204 95 BA J102 1 7900452185 7900469628 7900452183 55-198794 7901006090 14989862 64608593 55-207712 RLI0461917 W150021970 IA5159532 106744910 55-212303 7900418812 SY08901 AAA DRAIN DOCTOR INC. ANDY MILLS dba MILLS CONCRETE ANACAPA ASSOCIATES, LLC ANTHONY FISCHELS ARTESIAN EARTHWORKS, LLC BRAD TAYLOR CHRISTONE, INC. DAN ADAMS HUFF CONTRACTING, INC. JQ CONSTRUCTION LLC K. CUNNINGHAM CONSTRUCTION CO., INC. K & W ELECTRIC INC. MARTINEZ CONCRETE, LLC MICHAEL D. ALBERS MICHAEL WEBER QUALITY CONCRETE CONSTRUCTION INC. RICK KITE dba KITE CONSTRUCTION LTD RONALD DEW dba RON'S CONSTRUCTION ROGER SMITH CONSTRUCTION INC. TD&I CABLE MAINTENANCE TRUEG CUSTOM CONCRETE LLC VAN WECHEL INC. dba PRECISION CONCRETE WEBB CONCRETE, INC. WATERLOO, IA WATERLOO, IA WATERLOO, IA GILBERTVILLE, IA WAVERLY, IA WATERLOO, IA WATERLOO, IA WATERLOO, IA WATERLOO, IA CEDAR FALLS, IA CEDAR FALLS, IA CEDAR FALLS, IA WATERLOO, IA DIKE, IA WATERLOO, IA WATERLOO, IA JESUP, IA LA PORTE CITY, IA CEDAR FALLS, IA LAKE ST CROIX BEACH, MN JESUP, IA GRUNDY CENTER, IA INDEPENDENCE, IA Page 154 of 231 CITY OF WATERLOO Council Communication FYE 2019 BUDGET AMENDMENT City Council Meeting: 4/22/2019 Prepared: 4/3/2019 REVIEWERS: Department ATTACHMENTS: Description FY a? f 9 Budge 'rid men Hear' Co G'nilnl D Merino to Maytag anaucC (.'�naacaacnV D l:,uuanic ("omonerat. D Proof' of pulbllicatnon Reviewer C C to/by, Nancy SUBJECT: Submitted by: Summary Statement: Expenditure Required: Policy Issue: Action Approved Type (.'over 1Menno Coven. N4 ern Backup 1\48ateri s Backup Material Date 4/3/2.0119 ... 1111:34 AM 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 FYE 2019 Budget Amendment. Submitted By: Michelle Weidner, Chief Financial Officer The City is required under state law to amend the budget prior to exceeding expenditures in any one of the nine program areas; public safety, public works, health and social services, culture and recreation, community and economic development, general government, debt service, capital projects and the proprietary funds (sewer and sanitation). This amendment is being done primarily to address additional health and liability insurance spending authority. There will be another budget amendment hearing held near the end of May for other purposes. Comply with state law regarding budgeted expenditures. Page 155 of 231 Mayor QUENTIN HARM CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief'Fircancial Officer Council Communication City Council Meeting: April 8, 2019 Prepared: April 3, 2019 Dept. Head Signature: Michelle Weidner, Chief Financial Officer COUNCIL MEMBERS Number of Attachments: None ................... MARGARET KLEIN Ward l BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY FEUSS Ward 5 SHARON JUON At -Large STEVE SC HMITT At -Large SUBJECT: FYE2019 Budget Amendment Hearing Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Action: Approve a resolution to set the date of hearing for amendments to the FYE2019 Budget as April 22, 2019. Summary Statement: The City is required under state law to amend the budget prior to exceeding expenditures in any one of the nine program areas; public safety, public works, health and social services, culture and recreation, community and economic development, general government, debt service, capital projects and the proprietary funds (sewer and sanitation). Additional information will be provided prior to the hearing date. Expenditure Required: N/A Source of Funds: Various Policy Issue: expenditures. Alternative: Compliance with state law regarding budgeted None Background Information: We are required to publish the estimated budget amendment no more than twenty and no fewer than ten days (excluding holidays) prior to the hearing, which means the budget estimate must be provided to the Waterloo Courier and published by mid-April. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 156 of 231 Mayor QUENTIN HART COUNCIL MEMBERS ................... MARGARET KLEIN Ward 1 BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY FEUSS Ward 5 SHARON JUON At -Lame STEVE SCHMITT At -Lame CITY OF WATERLOO, IOWA City Clerk and Finance Department 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 KELLEY FELCHLE • City Clerk. MICHELLE WEIDNER, CPA • Chief Financial O ficer TO: Mayor Hart City Council Members DATE: April 12, 2019 FROM: Michelle Weidner, Chief Financial Officer RE: Proposed Amendments to Budget for the fiscal year ending June 30, 2019 Enclosed is the proposed amendment to the budget for the fiscal year ending June 30, 2019 as published April 12, 2019. The purpose of filing budget amendments is to comply with state law regarding expending city funds. The Code of Iowa requires that any of the nine budget program areas that are anticipated to exceed the amount originally appropriated be amended no later than May 31 of each fiscal year. The nine program areas prescribed by Iowa Code include Public Safety, Public Works, Health and Social Services, Culture and Recreation, Community and Economic Development, General Government, Debt Service, Capital Projects and Business Type/Enterprise activities. These amendments include numerous departmental amendments requested throughout the year and approved by the Finance Committee when required by the budget line item amendment policy. They all consist of changes made subsequent to certifying the budget March 15, 2018. Highlights from amendments made for general fund activities include the following: 1. In the Public Safety program category, expenses and related revenue for various law enforcement grants and non -property -tax funded projects were increased. 2. There were no amendments made to the Public Works category. 3. There were no amendments made to the Health and Social Services category. 4. The Culture & Recreation program category was increased to reflect a number of additional grants and donations received by the Cultural & Arts department, the Library and Leisure Services. Revenue and expenses were increased for the SportsPlex to more closely match operations. 5. The Community and Economic Development category was increased to reflect additional grants received by the Planning department. 6. Amendments reflecting the use of restricted fund balance for health and liability insurance claims and to expend the Healthy H2O Loo project funds were made - -1 WE'RE WORKING FOR YOU! An Eaual O000rtunity/Affirmative Action EmnlOVer Page 157 of 231 FYE19 Budget Amendment Memo Page 2 of 2 Highlights of amendments made in other funds are as follows: 7. In the Public Works category, the use of transfer of jurisdiction funds received in prior years was added to fund the anticipated increase in expenses for the University Avenue reconstruction project. Additional revenue and expense was budgeted for airport grant -funded construction projects. 8. Additional expense relating to hot water heater and boiler replacement and repairs using Housing funds was added to the Community and Economic Development category. 9. In the Capital Projects program, additional expenses relating to grant revenue awarded during the year that was not originally budgeted were added. Several construction project budgets were adjusted to more accurately reflect the amount of work that is expected to be completed by June 30, 2019. 10. In the Business Type/Enterprises activity, which accounts for the activities of the sewer and garbage funds, line item adjustments were made to more accurately reflect the amount that will be spent for operations and capital improvement projects by June 30, 2019. The line on the budget amendment form titled Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out indicates that when the certified budget was filed, we anticipated spending $8,700,575 more than we expected to collect in current year revenue, primarily due to spending bond and grant funds received in prior fiscal years. This amendment increases the amount that expenses are anticipated to exceed revenues by an additional $10,199,507 to a total of $18,900,082. This is due to the following: 1. General Fund - The use of cash restricted for specified uses either received in prior years or received in the current year, but not included in the original budget in the amount of $1,398,848 in the general fund. 2. Other Funds - The use of $9,000,000 in Road Use Tax restricted cash for additional construction; and the use of grant and bond funds received in prior years in the amount of $1,199,507. Since state law prohibits the City from spending more in any major program area than budgeted, we have budgeted generously with expenses. We do not anticipate that we will spend all amounts budgeted by June 30, 2019. If you have any questions about the information presented, please contact me. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 158 of 231 o Page 159 of 231 Form 653.C1 STATE OF IOR'A, } Buck Hawk Count d -t NOTICE-O� PiTht C°itEAR1 MENDM NTOF'XY2018 11lgCi'T The City Councitof Watedoo in !LACK HAWK will meet at"City Man Ceunc!! Chambers, 715 Mulberry Street' Waterloo Cpunty, lows at >:-:.�5:3 00pM. en r;;. 428201ss: (hour) (Date) .; ,for the purpose• -of 'amending the current budget of the city for the -fiscal year ending June 30 2019 by changmg estimates of revenue and expand3ture apprcpriafions,n the follotiinn ( ... zs given Additional detail is available at the city clerk's office. showing revenues and expenditures es by f nd type and by ac.:vity..�" expendilvrestsyfutid type SS R®venues &OtherFinancin Sources Taxes Levied on Properly Net Dating uentProperlyTaxes — 4i 0' Other City :Taxes Total -Budget as certified Or last amended .38;984,631 _ o. 11=22153 '. Charoes fnr cn,,,, 121 18,187,610 :.1,398,276 :1,450,720 Ex andi8ures & Othen Financin Uses Public Safety 16, r ommEzzsCommunityand EconamicDevelopment -- 20'. Debt SarWen - _ - - 26,270,691 6,129,656 .16,725,000 Current . Amendment: - Total Budget after Current ..:::Amendment. '.;38,984,831 BEELIAZil, 8,976,579 MIIMMEMIEMMO 1,700,5261 112,200 0 1,806,777 27,304,767 IIMISZELEU 252;000' _ . 7,936,433 16,720,000 19,416,824 r � � 27,944,660 380,422 11,358,926 13,031,683 8,883,617 9;918,000 0 37,862,660 380,422 11,953,617 IMMASZENzazig Iiaridot1;191Milignam Mum= 17, 791, 600 159, 094 17,950, 694: ..sr....�. _ 26,352,170 26,572,170 26 572,1701. 27; 19 416,824 . ar 185,957,319 Transfers Out Total Expenditures/Transfers Out Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out for Fiscal Year 180,000 28 29 48,700,575! -10,199,507: -16,900,0821 Beginning Fund Balance July 1 30 102,832,440 ' ,440' Ending Fund Balance June 30 31 0 102,832 0 172,101,533 -10,199,507 Explanation of increases or decreases in revenue estimates, appropriations, or available cash: Record additional state and federal grant revenue and expense, as well as additional donation revenue and expenses. Record the use of roslncted health insurance reserves and insurance refunds to fund additional claims expanse and the use of designated frability insurance reserves to fund additional claims expense, Record additional construction expense for University Avenue. therev7ili be 7: increase in tax levies to be paid in the current fiscal year named above. Any increase in expenditures set out above will be met from the increased non -property tax revenues and cash balances not xudgeted or considered in this currentbudget. This will provide for a balanced budget. Michelle Weitlner CPA City CleridFinance Officer I do solemnly swear that the annexed copy of legal City of Waterloo Public Hearing: Amendment of FY2018-2019 City Budget Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 12th day of April, 2019 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $122.52 /bow K,e),U), Signed Subscribed and sworn to before me this 0, Day of A-10(,5\, A.D., 201\( Received of Notary Public the sum of Dollars. In full for publication of the above notice. eIAL sn z° r• *MO' BRENDA L HUNTLEY COMMISSION NO. 841570 CITY OF WATERLOO Council Communication Purchase of one (1) 2019 Skid -Steer Loader. City Council Meeting: 4/22/2019 Prepared: 4/16/2019 REVIEWERS: D epartment qa A orko [) t ko-*taHk». p Reviewer dn��e:,nnd: Greco, Ann Action Approved Approved ATTACHMENTS: Description Type D Taibu.ugartiionn. q.:Banck.u1p Mastich➢. SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Date 4/1[6/2,019 6/2,019 .... 11:32 A.M 4/17/2,019 .... 11:00 AM Motion to received 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 specifications, bid documents, etc. Resolution authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to Public Works Manager for review. Submitted By: Randy Bennett, Public Works Manager Approve Motion This equipment will have a sealed cab - OSHA approved to be used for milling roads, grading alleys with overgrown trees, sweeping islands and plowing and removing snow in the downtown area among other tasks. $75,000.00 GO Bond Funding Strategy 2.2: enlist all City departments and staff members in efforts to promote a safer community. Present skid loader will be taken out of service for safety reasons. Page 161 of 231 Purchase (1) new current year Skid -Steer Loader for Public Works Division Bid Tab: April 18, 2019 Estimate: $75,000 Bidder Bid Amount Bobcat of Cedar Falls Cedar Falls, IA $69,379.97 Ziegler Postville, IA $79,000.00 Altorfer, Inc. Cedar Rapids, IA No Bid Could Not Meet Specifications Murphy Tractor and Equipment Waterloo, IA $63,990.00 Page 162 of 231 CITY OF WATERLOO Council Communication FY 2019 Sidewalk Inspection and Repair Program - Zone 9. City Council Meeting: 4/22/2019 Prepared: 4/17/2019 REVIEWERS: Department Reviewer Action Date °ern:a.g; Knutson, .Ilanm_ie Approved 4/17/2,019 .... 10:04 AM t:,LAnn. Approved 4/17/2019 - 10:58 AM SUBJECT: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comment on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing proposed repairs to sidewalk. Resolution adopting Proposed Resolution of Necessity, as proposed or amended. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Page 163 of 231 CITY OF WATERLOO Council Communication Resolution approving award of bid to Lodge Construction, Inc., of Clarksville, Iowa, in the amount of $399,254.78, and approving contract, bonds and certificate of insurance, in conjunction with the FY 2019 Sidewalk Repair Program - Zone 9, Contract No. 969, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 4/22/2019 Prepared: 4/17/2019 REVIEWERS: Department SUBJECT: Reviewer Action Date Knutson, Jamie• Approved 44/1.7/2019 10:04 A.M. 1 eAnn Approved 4/17/20 fi 9 :p6A_M_ Resolution approving award of bid to Lodge Construction, Inc., of Clarksville, Iowa, in the amount of $399,254.78, and approving contract, bonds and certificate of insurance, in conjunction with the FY 2019 Sidewalk Repair Program - Zone 9, Contract No. 969, and authorize the Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Source of Funds: GO Bonds Page 164 of 231 CITY OF WATERLOO Council Communication Resolution approving support of opposition to the FAA recommended consolidation of the Terminal Radar and Control Radar Services, from the FAA owned Waterloo Air Traffic Control Tower, to the Des Moines International Airport, and authorize the Mayor to execute said document. City Council Meeting: 4/22/2019 Prepared: 4/15/2019 REVIEWERS: Department Reviewer Action Date Airport Kaspra.ri, K.elth Approved 44/15/20p.9...9:33 la Clerk Office )^',ven l.,LAnn. Apppn oved. 4/17/2019 .., 12:11 PM ATTACHMENTS: Description Section 804 t"a-n1pa/V rrornntive Consolidation lii�,r�oa:t ... l SUBJECT: up, FAA. I' econnn_nnendatia Type Cover 1\4 Resolution approving support of opposition to the FAA recommended consolidation of the Terminal Radar and Control Radar Services, from the FAA owned Waterloo Air Traffic Control Tower, to the Des Moines International Airport, and authorize the Mayor to execute said document. Submitted by: Submitted By: Keith Kaspari, Director of Aviation Recommended Action: Support the Resolution by Staff opposing the consolidation of TRACON services as noted above, but also too, what the Airport Director would like to recommend, is the opposition to Consolidate, but also to recommend to the FAA Administrator, with a carbon copy to all of Iowa's Congressional delegation, and to utilize Waterloo Regional Airport and Waterloo's Air Traffic Control Tower, as an entry-level and real-world classroom for recent graduates from the FAA's Air Traffic Control Academy in Oklahoma City, OK. Staff has been informed that the FAA likes Waterloo's AT C T as an excellent training tower. If that is true, then let the FAA prove such by directing future graduates to be assigned to ALO so that new controller graduates can obtain Real -World training at our current Classification / Activity Level of Waterloo's ATCT (Level 5), whereby they can achieve both In -Cab Controller experience, while also working side by side with experienced controllers inALO's TRACON facility. Then once the graduate achieves both levels of training, then they can apply to move to higher activity levels of air traffic facilities. Airport Staff, as part of a local aviation Task Force, is proactively requesting support from the Office of the Mayor, and the Waterloo City Council to support the work of the Task Force in their efforts in blocking Page 165 of 231 Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: and/or opposing the FAA's current recommendation, and to oppose any future consolidation of the Radar Services from the Waterloo Air Traffic Control Tower, to the Des Moines International Airport. There is no expenditure of funds required by this request Not Applicable for this request by Staff An FAA -authored Section 804 Study, began in 2016, as a General Study to analyze the potential Cost -Benefit Analysis (CBA) for the proposed Consolidation and/or Realignment of Waterloo's TRACON and Radar Services, to the Des Moines International Airport, or the Eastern Iowa Airport in Cedar Rapids, that was also proposed. However, during the Section 804 working group, it was thought during the discussion that Waterloo could: 1. Remain as -is; 2. Consolidate with Rochester, Minnesota; 3. Have Rochester, Minnesota Consolidate with Waterloo; 4. Consolidate with Des Moines. With federal agencies trying to do more with less, and the possible alleged cost savings, is nothing more than a false -hood, as the labor and equipment costs have already been installed, so, where are the real cost savings? Yes. FAA should cancel the Consolidation and/or Realignment process as recommended in the report for ALO — Waterloo, Iowa, Regional Airport, as documented in the Consolidation Report Parts 4 & 5 recommendation. (See attached) However, once all Public Comment has been submitted to Congress, due by NLT Midnight on May 3r1, if this recommendation is acted upon favorably by Congress by directing the FAA to move forward with consolidation, and per the Consolidation Report Parts 4 & 5 Recommendations, this transition would occur over a period of approximately 2 -Years. Some local officials believe it could be the first step in the eventual and full closure of the Air Traffic Control Tower, of which local community and business leaders, and Waterloo Airport tenants, should greatly oppose. However, the City of Sioux City, who also has an FAA -owned Air Traffic Control Tower, and also has a military base (185th Air Refueling Wing), and is an airport facility with s ° ° .r numbers of overall Air Traffic Operations, was not included on the list of Cities for consolidation from Sioux City to either Des Moines or Omaha. Waterloo Regional Airport, and the TRAC ON or Radar Services, was listed as 1 of 5, (of 8 total communities surveyed), that were listed in the Section 804 Study, that has been identified for consolidation - a process that began in 2016.. Page 166 of 231 Background Information: With regard to the equipment installed over a period of 3 or so years, the anticipated cost -savings to the FAA does not justify the decision to Consolidate or Realign with the facility in Des Moines. And, regarding the alleged cost savings, the alleged cost savings assumes that the labor and installation of hardware, such as the FAA's STARS system— estimated at $10,000,000, would not be installed. However, the labor and equipment has already been installed, so, technically, there would be really, a net Zero ($0.00) of cost savings moving forward. Moving forward, and if it is true that Consolidation / Realignment with the ATCT at Des Moines, would eventually be the first step in the closure of the Tower, then 1 must assume that it will cost significant additional costs to remove all hardware, including the shuttering of the facility itself, when airport staff is working to increase annual Air Traffic Operations (ATO's) from all segments of air traffic, as follows: Commercial Airline, Commercial Air Cargo, Recreational, Military, Corporate, and flight training with the very active Aviation Pilot Program at the University of Dubuque, whereby students from "UD" frequent using Waterloo on cross-country flights for their flight training, however, many UD students arrive in Waterloo to conduct Airmen Practical Tests with the owner of our local F BO, whereby the vast majority of these tests involve instrument approach procedures, so the benefit of having a local controller to work with and enhance the Student — Instructor experience is significant and cannot be understated. It would be most unfortunate, though, to see the job loss if the Consolidation and/or Realignment does occur. Additionally, a lack of a vote by Members of Congress, is the same as a "YES" vote to Consolidate. Legal Descriptions: Not Applicable for this request by Staff. Page 167 of 231 U.S. Department of Transportation Federal Aviation Administration Section 804 Collaborative Workgroup Federal Aviation Administration National Facilities Realignment and Consolidation Report Parts 4 & 5 Recommendations Response to U.S. Congress Federal Aviation Administration Reauthorization Bill Public Law 112-95 Section 804 Page 168 of 231 Contents Executive Summary 1 Introduction 2 Section 804 Collaborative Workgroup 2 Four -Step Process for Facilities Realignment Analysis 3 Goals of Realignment 4 Report Scope 4 Analysis Scenarios 4 FAA Administrator's Recommendations 6 Recommendation #1: Realign Reading, PA (RDG) TRACON Operations to Harrisburg, PA (MDT) TRACON 6 Recommendation #2: Realign Bakersfield, CA (BFL) TRACON Operations to Fresno, CA (FAT) TRACON 8 Recommendation #3: Realign Waterloo, IA (ALO) TRACON Operations to Des Moines, IA (DSM) TRACON 10 Recommendation #4: Realign Binghamton, NY (BGM) TRACON Operations and Elmira, NY (ELM) TRACON Operations to Wilkes-Barre/Scranton, PA (AVP) TRACON 12 Recommendation #5: Realign Terre Haute, IN (HUF) TRACON Operations to Indianapolis, IN (IND) TRACON 15 Recommendation #6: Sustain/Maintain Rochester, MN (RST) TRACON Operations at Current Site 17 Recommendation #7: Sustain/Maintain Clarksburg, WV (CKB) TRACON Operations at Current Site 19 Recommendation #8: Sustain/Maintain Huntington, WV (HTS) TRACON Operations at Current Site 21 Proposed Timing for Implementation of Recommendations 24 Federal Register Publication 24 Conclusion 24 Page 169 of 231 Executive Summary Pursuant to Section 804 of the Federal Aviation Administration (FAA) Modernization and Reform Act of 2012 (P.L. 112-95), a collaborative workgroup of representatives from the FAA, the National Air Traffic Controllers Association (NATCA) and the Professional Aviation Safety Specialists (PASS) labor unions was established to analyze the FAA's Terminal Radar Approach Control (TRACON) facilities for realignment. The Section 804 collaborative workgroup conducts ongoing analysis of FAA Air Traffic Control facilities by gathering and reviewing operational and technical requirements for facilities undergoing analysis, considering existing Agency assets and inventory, considering workforce impacts, gathering and evaluating stakeholder input, and estimating costs and benefits of potential realignments. The workgroup developed, validated, and presented its realignment recommendations to FAA and labor union leadership, and drafted this report for the FAA Administrator's review and submission to the Federal Register and Congress. The following recommendations are contained in this report: 1. Realign Reading, PA (RDG) TRACON operations to Harrisburg, PA (MDT) TRACON 2. Realign Bakersfield, CA (BFL) TRACON operations to Fresno, CA (FAT) TRACON 3. Realign Waterloo, IA (ALO) TRACON operations to Des Moines, IA (DSM) TRACON 4. Realign Binghamton, NY (BGM) TRACON operations and Elmira, NY (ELM) TRACON operations to Wilkes-Barre / Scranton, PA (AVP) TRACON 5. Realign Terre Haute, IN (HUF) TRACON operations to Indianapolis, IN (IND) TRACON 6. Sustain/maintain Rochester, MN (RST) TRACON operations at current site 7. Sustain/maintain Clarksburg, WV (CKB) TRACON operations at current site 8. Sustain/maintain Huntington, WV (HTS) TRACON operations at current site Per statutory requirements, the justification and details for the collaboratively -developed recommendations are provided in the sections below. Page 170 of 231 Introduction Section 804 of the Federal Aviation Administration (FAA) Modernization and Reform Act of 2012 (P.L. 112-95) requires the FAA to develop a plan for realigning and consolidating facilities and services in an effort to support the transition to NextGen, and to reduce capital, operating, maintenance, and administrative costs, where such cost reductions can be implemented without adversely affecting safety. To comply with Section 804 requirements, the FAA formed a collaborative workgroup with the National Air Traffic Controllers Association (NATCA) and the Professional Aviation Safety Specialists (PASS) labor unions. The workgroup developed a comprehensive process for facilities and service realignment analysis, and was chartered to conduct the analysis and to develop recommendations, taking the following factors into consideration: • NextGen readiness of facilities • Terminal Automation Modernization and Replacement (TAMR) program schedule • Operational and airspace factors • Existing facility conditions • Existing Agency assets • Workforce impacts • Industry stakeholder input • Costs and benefits associated with each potential realignment alternative • Facilities and engineering planning and priorities • Employee career development Per statutory requirements, the workgroup develops realignment recommendations in coordination with the FAA's Chief NextGen Officer and the Chief Operating Officer of the Air Traffic Organization (ATO), and the FAA Administrator approves all recommendations. Section 804 Collaborative Workgroup The Section 804 collaborative workgroup developed the criteria and guiding principles for evaluating and analyzing existing Terminal Radar Approach Control (TRACON) operations, capturing recommendations, and outlining next steps. The workgroup developed a repeatable and defensible process to: • Evaluate facility TRACON operations and prioritize for analysis • Determine realignment scenarios and develop a set of alternatives for each scenario • Collect facility and operational data, and document system requirements • Document facility, equipment, infrastructure, operational, and safety data • Capture qualitative workforce considerations, including training, transition, facility, and potential workforce impacts of potential realignments Section 804: National Facilities Realignment and Consolidation Report, Parts 4 & 5 2 Page 171 of 231 • Consider potential impacts on operations, airspace modifications, route/fix changes, arrival/departure procedures, intra/inter-facility coordination, and pilot community interaction • Collect and consider industry stakeholder input • Quantify benefits and cost of potential realignments • Develop a recommendation for each realignment scenario Four -Step Process for Facilities Realignment Analysis The four steps of the process developed by the workgroup are outlined below: U 11 11• 1111111'111111111 1111 1111 1111111111 u m 11111 1111 odor uook0000dlu nor "IB'9u' illifi'ilit 1 'li 11 I P" YIL 1111111111 rI""" N 1 ISI I II IIII oo m I1 111 II I I II 11111111111 I ul.11 loolool000m liuullllll11111011'1'd°�1illlllll IIIIII IIIIIIIIIII (IIIIIIII �IIIIIII II IIII 1111! I HI � II I III I I VIII I I VIII (II IIIIIIII I 1111111111111111 IIIIII IIIIIIIIII II II�III�uuuuu111� VIII II p IIIIIIIIIIIIIIIII iv. uhriectil 100..00 011 III 11111111111111111111111111111111111 I11111II II 111111111111 IIIIIIIIIIII IIIIIIII 1 (VIII 111III I 1 IIIIUIIIIIIII II IIIIIIIII 1111IIII III uu1III l 1III1II uuIII u I 11111111111111111111111 Ii ii ��uliUiUUUI IIIIIIUI III IIIIIIIIIIiiiiiiiUIIIIIIiIIIIiIIIIIIIIIIIIIIIIIIIIIII iuullUUilUilli IIIIIIII IIIIIIIIII IIIIII liiiiiilllllllllllllll IlllllliUlli UllliiiiUl IliUliUlll 44,111t,1111t81,11 O111111111111111111111111111111111111111111111111111111111111111111111 11111111111111111111111111111111 0110111101110110110111111111111111111111111111111110111111111111111111111111111111111111111111111111111111 a 1111 o 0.01000.00 M�111111111 11111 1111 1111 1111111 o m 1nwr,„„„„sn n 1 s' r •-- m Section 804 Process for Facilities Realignment Analysis The process serves as the platform for analyzing Air Traffic Control (ATC) facilities and services for potential realignments. To evaluate the realignment scenarios, the workgroup conducts working sessions at FAA headquarters, followed by site surveys at all facilities under analysis. At each facility, the workgroup leadership facilitates sessions with facility management, labor representatives, and stakeholders. Stakeholders are briefed on the process, and meetings are held to answer questions and collect input. The workgroup's technical and operational experts evaluate the airspace, equipment, facility, operational, and safety factors for each alternative in the analysis, and document the findings in Systems Analysis and Requirements Documents (SARDs), which serve as the basis for subsequent business case analysis. The workgroup captures, documents, and reviews workforce impact considerations, and future staffing and training requirements prior to making recommendations. Throughout each step of the analysis, the workgroup interfaces with multiple FAA programs and organizations to fully inform its analysis and provide regular updates. The workgroup continually improves its processes by reviewing lessons learned from previous realignments, eliciting feedback from the facilities undergoing analysis, and refining working activities. Section 804: National Facilities Realignment and Consolidation Report, Parts 4 & 5 3 Page 172 of 231 Goals of Realignment The Section 804 collaborative workgroup operates in conjunction with the Agency's NextGen deployment initiatives. The goal of realignment analysis is to reduce costs and modernize TRACON operations by optimizing the use of existing infrastructure and technology, while creating a more robust and resilient National Airspace System (NAS). The Agency currently operates 163 individual TRACONs. The workgroup uses a collaborative process to effect modernization by pairing aging TRACONs with newer ones that have adaptable space and equipment, thereby optimizing infrastructure. Recommended realignments are intended to provide the following benefits: • Creation of larger areas of contiguous airspace that will allow more dynamic and flexible airspace adjustments, potentially reducing handoffs and other coordinated activities • Reduction of currently -existing complexities by merging airspace between two or more facilities • Full integration of operations, which could result in additional staffing efficiencies beyond those identified in Section 804 business cases • Single site maintenance and upgrades of future automation systems • Enhanced career progression opportunities for relocated workforces by positioning them for success at facilities with greater volume and complexity • Placement of more employees in modern facilities with state-of-the-art equipment that meet current standards and building codes The workgroup additionally identifies unique benefits of individual realignment scenarios where possible. Realignment recommendations made as part of the Congressionally -mandated National Facilities Consolidation and Realignment reports will better position the NAS for future modernization. The recommendations will allow the Agency to more effectively evolve as technology shifts and traffic demands dictate change. Report Scope This report contains the details and results of analyzing 24 TRACON facilities (9 potential transfers and 16 potential receivers), which were identified for analysis using the collaboratively - developed process and criteria. Analysis Scenarios Initial analysis conducted by the workgroup encompassed TRACON facilities in the following scenarios: • Realign Reading, PA (RDG) TRACON operations to Allentown/Lehigh Valley, PA (ABE) TRACON or Harrisburg, PA (MDT) TRACON, or sustain/maintain TRACON operations at the current site • Realign Bakersfield, CA (BFL) TRACON operations to Santa Barbara, CA (SBA) TRACON or Fresno, CA (FAT) TRACON, or sustain/maintain TRACON operations at the current site Section R04: National Facilities Realignment and Consolidation Report, Parts 4 & 5 4 Page 173 of 231 • Realign Waterloo, IA (ALO) TRACON operations to Des Moines, IA (DSM) TRACON or Cedar Rapids, IA (CID) TRACON, or sustain/maintain TRACON operations at the current site • Realign Binghamton, NY (BGM) TRACON operations to Wilkes-Barre/Scranton, PA (AVP) TRACON or Syracuse, NY (SYR) TRACON, or sustain/maintain TRACON operations at the current site • Realign Elmira, NY (ELM) TRACON operations to Binghamton, NY (BGM) TRACON, Rochester, NY (ROC) TRACON, or Syracuse, NY (SYR) TRACON, or sustain/maintain TRACON operations at the current site • Realign Terra Haute, IN (HUF) TRACON operations to Indianapolis, IN (IND) TRACON or Champaign, IL (CMI) TRACON, or sustain/maintain TRACON operations at the current site • Realign Rochester, MN (RST) TRACON operations to Minneapolis, MN (M98) TRACON or Waterloo, IA (ALO) TRACON, or sustain/maintain TRACON operations at the current site • Realign Clarksburg, WV (CKB) TRACON operations to Pittsburgh, PA (PIT) TRACON or Charleston, WV (CRW) TRACON, or sustain/maintain TRACON operations at the current site • Realign Huntington, WV (HTS) TRACON operations to Charleston, WV (CRW) TRACON or Covington, KY (CVG) TRACON, or sustain/maintain TRACON operations at the current site Throughout the Section 804 analysis process, there are multiple decision points where the workgroup assesses each scenario and alternative for continuation in or removal from the process. Thus, some of the facilities listed above were removed from analysis. These facilities may be studied further in the future. Section 804: National Facilities Realignment and Consolidation Report, Parts 4 & 5 5 Page 174 of 231 FAA Administrator's Recommendations The following realignment recommendations are contained in this report: 1. Realign Reading, PA (RDG) TRACON operations to Harrisburg, PA (MDT) TRACON 2. Realign Bakersfield, CA (BFL) TRACON operations to Fresno, CA (FAT) TRACON 3. Realign Waterloo, IA (ALO) TRACON operations to Des Moines, IA (DSM) TRACON 4. Realign Binghamton, NY (BGM) TRACON operations and Elmira, NY (ELM) TRACON operations to Wilkes-Barre/Scranton, PA (AVP) TRACON 5. Realign Terre Haute, IN (HUF) TRACON operations to Indianapolis, IN (IND) TRACON 6. Sustain/maintain Rochester, MN (RST) TRACON operations at current site 7. Sustain/maintain Clarksburg, WV (CKB) TRACON operations at current site 8. Sustain/maintain Huntington, WV (HTS) TRACON operations at current site Details for these realignment recommendations are provided in the sections below. Recommendation #1: Realign Reading, PA (RDG) TRACON Operations to Harrisburg, PA (MDT) TRACON The Section 804 workgroup evaluated RDG TRACON operations for realignment to Allentown/Lehigh Valley (ABE) TRACON or MDT TRACON. Background RDG tower/TRACON was constructed in 1966. It is owned and maintained by the FAA. RDG is an ATC level 6 facility and it operates from 0600-2400 each day. RDG TRACON operations in fiscal year (FY) 2016 were 88,421 1. ABE tower/TRACON was constructed in 1995. It is owned and maintained by the FAA. ABE is an ATC level 7 facility and it operates 24 hours a day. ABE TRACON operations in FY 2016 were 122,275. MDT tower/TRACON was constructed in 1989. It is owned and maintained by the FAA. MDT is an ATC level 7 facility and it operates 24 hours a day. MDT TRACON operations FY 2016 were 141,732. Approach The workgroup conducted a working session at FAA headquarters with representatives from the potential transfer and receiver facilities, followed by stakeholder meetings and site surveys at RDG, ABE, and MDT. 1 FAA Air Traffic Activity System (ATADS) was the source for all FY 2016 facility traffic counts quoted throughout this document. Section 804: National Facilities Realignment and Consolidation Report, Parts 4 & 5 6 Page 175 of 231 Recommendation and Administrator's Justification Upon applying the agreed-upon process and analysis, the workgroup recommends realigning TRACON operations from RDG to MDT tower/TRACON. The realignment is expected to result in operational efficiencies and other benefits by creating airspace efficiencies, reducing point -outs, and enhancing coordination. The realignment would result in reduced coordination and more efficient use of airspace along the boundary between Reading, PA, and Harrisburg, PA. Departures at RDG may be more efficient due to unrestricted climbs. Realignment will eliminate the need for handoff of New York Air Route Traffic Control Center (ZNY) Lancaster, PA area departures to a second terminal facility. MDT currently assumes control of RDG airspace between 0000-0600 (local time). MDT controllers are certified on the RDG airspace and understand RDG operations. Projected Costs and Cost Savings The economic analysis indicates the realignment of RDG TRACON operations to MDT yields a benefit -to -cost (B/C) ratio of 1.5 ($9.9M/$6.6M), representing a positive and relatively high return on investment, with a Net Present Value (NPV) of $3.3M ($9.9M -$6.6M) over the analytical timeframe of 2017-2034. A B/C ratio of 1.5 means that for every $1 invested, the financial benefit or return is $1.5. In accordance with FAA and OMB guidance, costs have been risk adjusted to the 80% confidence level, which means there is an 80% probability that the project will be completed at or under the established baseline cost. The results of the economic analysis are shown in the two tables below. Table 1 shows the costs of sustaining the current operations compared to realigning the facility. The costs in this table are presented in then -year (budget) dollars. Then -year dollars incorporate inflation to reflect the actual amount of money that will be required in the year it is needed. The Investment Facilities & Equipment (F&E) costs are $2.9M to modify/sustain RDG and $4.1M to realign RDG. Indirect F&E costs are listed separately in this table because they are paid by different FAA budgets instead of the facility realignment budget. They frequently reflect ongoing costs that may be paid later in the life cycle; for example, this estimate includes costs of technology refreshment 10 years after its initial purchase. The Operations and Maintenance Costs reflected in the cost summary show the difference in personnel compensation and relocation costs between the two options. Table 2 shows the lifecycle economic comparison of realignment costs to cost savings in realigning RDG to MDT in present value (discounted) dollars. The economic comparison that yields the net present value and benefit -to -cost ratio is calculated in present -value terns and identifies the cost of the investment in today's dollars. The realignment costs and savings in this table are the result of subtracting the modify/sustain case from the realignment case to yield either a cost or a benefit. The estimated $6.6M in costs of the realignment are primarily comprised of increased staffing costs due to moving from an ATC level 6 facility to an ATC level 7 facility, equipment, and staff training and relocation. The estimated $9.9M in cost savings expected from the realignment are due to staffing scheduling efficiencies, a reduction in staff locality pay, staffing savings achieved by a level adjustment of RDG Tower, and the avoidance of technology refreshment costs associated with RDG's automation system. Section 804: National Facilities Realignment and Consolidation Report, Parts 4 & 5 7 Page 176 of 231 Cost Summary (Risk Adjusted, Then -Year Dollars, in Thousands) Type Mod -Sustain RDG Realign RDG to MDT Investment Facilities and Equipment (F&E) Total $2,851 $4,059 Indirect F&E Total $3,964 $902 Operations and Maintenance (O&M) Total $366,207 $362,633 Economic Analysis Summary (Risk Adjusted, Present Value Dollars, in Thousands) Type Realign RDG to MDT Realignment Costs $6,579 Cost Savings or Avoidance $9,877 Net Present Value (NPV) $3,299 Benefit to Cost (B/C) Ratio 1.5 Tables 1 and 2: Economic Analysis Summary for RDG Note: The Cost Summary is presented in Then -Year (Budget) Dollars; the Economic Analysis Summary is presented in Present Value (Discounted) Dollars. Recommendation #2: Realign Bakersfield, CA (BFL) TRACON Operations to Fresno, CA (FAT) TRACON The Section 804 workgroup evaluated BFL TRACON operations for realignment to Santa Barbara (SBA) TRACON or FAT TRACON. Background BFL air traffic control tower (ATCT) was constructed in 1974 and the TRACON was established in 1981. The facility is owned and maintained by the FAA. BFL is an ATC level 6 facility and its hours of operation are 0600-2300. BFL TRACON operations in FY 2016 were 82,146. SBA tower/TRACON was constructed in 1998. It is owned and maintained by the FAA. SBA is an ATC level 7 facility and its hours of operation are 0600-2300. SBA TRACON operations in FY 2016 were 146,287. FAT ATCT was established in 1961 and the TRACON was established in 1974. The facility is owned and maintained by the FAA. FAT is an ATC level 7 facility and it operates 24 hours a day. FAT TRACON operations in FY 2016 were 141,245. Approach The workgroup conducted a working session at FAA headquarters with representatives from the potential transfer and receiver facilities, followed by stakeholder meetings and site surveys at BFL, SBA, and FAT. Recommendation and Administrator's Justification Upon applying the agreed-upon process and analysis, the workgroup recommends realigning BFL TRACON operations to FAT TRACON. The realignment is expected to result in operational efficiencies and other benefits. Section 804: National Facilities Realignment and Consolidation Report, Parts 4 & 5 Page 177 of 231 Because of water leaks from an underground irrigation system, the current BFL tower/TRACON facility leans approximately seven inches (or a 0.55 -degree tilt) due to foundation settlement. As a result, BFL was entered into Section 804 realignment analysis as an alternative to a potential tower/TRACON replacement. Since that time, FAA has taken steps to assure the continued stability of the tower. Although the lean issue caused BFL to be a priority, the facility would have been reviewed during the normal course of business. BFL tower/TRACON is currently located in the tower shaft with very limited space, which is a building practice no longer utilized by the FAA. There is no simulation capability at BFL, which means the site cannot comply with national orders to provide simulation training. There is no conference or classroom space available. Limited radar coverage for BFL requires procedures for approaches into Porterville Municipal Airport (PTV), Visalia Municipal Airport (VIS), and Mefford Field Airport (TLR). If these two airspaces were combined, there would be a reduction in inter -facility boundary coordination and improved radar coverage for the BFL area. Coordination with the Oakland (ZOA) and/or Los Angeles (ZLA) Air Route Traffic Control Centers could be improved for FAT arrivals after realignment. Some currently restricted departures could be improved by realigning BFL TRACON operations to FAT, and there could be improvement to routing based on improved radar coverage. The realignment would result in reduced coordination and more efficient use of airspace over Bakersfield and Fresno, CA. During cloud seeding, there is a constant need for point -outs, with one facility regularly working well into the other's airspace. Realignment would be a benefit, as it would require less coordination and there would be less confusion during these operations. Projected Costs and Cost Savings The economic analysis indicates the realignment of BFL TRACON operations to FAT yields a benefit -to -cost (B/C) ratio of 1.2 ($55M/$44.2M), representing a positive return on investment, with a Net Present Value (NPV) of $10.8M ($55M -$44.2M) over the analytical timeframe of 2017-2034. A B/C ratio of 1.2 means that for every $1 invested, the financial benefit or return is $1.2. In accordance with FAA and OMB guidance, costs have been risk adjusted to the 80% confidence level, there is an 80% probability that the project will be completed at or under the established baseline cost. The analysis assumed that BFL tower and TRACON would be replaced for the reasons stated above; therefore, the legacy case includes costs for a new tower and an 11,500 -square foot (s.£) base building that houses BFL TRACON. The realignment option also includes a new tower for BFL, but a smaller base building of 9,500 s.f. for administrative use. Additionally, if the cost of replacing the tower is removed from consideration, the business case for realigning the TRACON to FAT remains positive with an NPV of $3.2M and a B/C ratio of 1.7. The results of the business case are shown in the two tables below. Table 3 shows the costs of sustaining the current operations compared to realigning the facility. The costs in this table are presented in then -year (budget) dollars. Then -year dollars incorporate inflation to reflect the actual amount of money that will be required in the year it is needed. The Investment Facilities & Equipment (F&E) costs are $48.5M to modify/sustain BFL and $42.5M to realign BFL. Indirect F&E costs are listed separately in this table because they are paid later in the life cycle; Section 804: National Facilities Realignment and Consolidation Report, Parts 4 & 5 9 Page 178 of 231 for example, this estimate includes costs of technology refreshment 10 years after its initial purchase. The Operations and Maintenance costs reflected in the cost summary show the difference in personnel compensation and relocation costs between the options. Table 4 shows the lifecycle economic comparison of realignment costs to cost savings in realigning BFL to FAT in present value (discounted) dollars. The economic comparison that yields the net present value and benefit -to -cost ratio is calculated in present -value terms and identifies the cost of the investment in today's dollars. The realignment costs and savings in this table are the result of subtracting the modify/sustain case from the realignment case to yield either a cost or a benefit. The estimated $44.2M in costs of the realignment are the additional staffing costs caused by the facility level adjustment and staff training/transition. The estimated $55M in cost savings are expected from the realignment are equipment savings, the avoidance of refreshing the automation system at BFL, savings realized by construction of a smaller building, staffing efficiencies, and eventual savings of the tower level adjustment. The locality adjustment savings from moving TRACON operations moves from BFL 27.65% locality area pay to FAT 14.85% locality area. Cost Summary (Risk Adjusted, Then -Year Dollars, in Thousands) Type Replace BFL Realign BFL to FAT Investment Facilities a nd Equi pment (F&E) Total $48,541 $42,519 I ndi rect F&E Total $14,212 $7,824 Operations and Maintenance (O&M) Total $337,111 $332,421 Economic Analysis Summary (Risk Adjusted, Present Value Dollars, in Thousands) Type Realign BFL to FAT Realignment Costs $44,218 Cost Savi ngs or Avoi da nce $54,970 Net Present Value (NPV) $10,752 Benefit to Cost (B/C) Ratio 1.2 Tables 3 and 4: Economic Analysis Summary for BFL Note: The Cost Summary is presented in Then -Year (Budget) Dollars; the Economic Analysis Summary is presented in Present Value (Discounted) Dollars. Recommendation #3: Realign Waterloo, IA (ALO) TRACON Operations to Des Moines, IA (DSM) TRACON The Section 804 workgroup evaluated ALO TRACON operations for potential realignment to DSM TRACON or Cedar Rapids, IA (CID) TRACON. Background ALO tower/TRACON was constructed in 1987. It is owned and maintained by the FAA. ALO is an ATC level 5 facility and its hours of operation are 0600-2000. ALO TRACON operations in FY 2016 were 25,928. Section 804: National Facilities Realignment and Consolidation Report, Parts 4 & 5 10 Page 179 of 231 DSM tower/TRACON was established in 1976. It is owned and maintained by the FAA. DSM is an ATC level 7 facility and it operates 24 hours a day. DSM TRACON operations in FY 2016 were 98,589. CID tower/TRACON was constructed in 1981. It is owned and maintained by the FAA. CID is an ATC level 6 facility and its hours of operation are 0500-2330. CID TRACON operations in FY 2016 were 60,741. Approach The workgroup conducted a working session at FAA headquarters with representatives from the potential transfer and receiver facilities, followed by stakeholder meetings and site surveys at ALO, DSM, and CID. Recommendation and Administrator's Justification Upon applying the agreed-upon process and analysis, the workgroup recommends realigning ALO TRACON operations to DSM TRACON. The realignment is expected to result in operational efficiencies and other benefits. Realignment may increase the efficiencies of arrivals to DSM from the northeast and allow for smoother coordination due to the combined airspace. ALO currently coordinates with DSM for arrivals into Marshalltown Municipal Airport (MIW), which is a satellite airport. Projected Costs and Cost Savings The economic analysis indicates the realignment of ALO TRACON operations to DSM yields a benefit -to -cost (B/C) ratio of 1.2 ($8.8M/$7.2M), representing a positive return on investment, with a Net Present Value (NPV) of $1.6M, over the analytical timeframe of 2017-2034. A B/C ratio of 1.2 means that for every $1 invested, the financial benefit or return is $1.2. In accordance with FAA and OMD guidance, costs have been risk adjusted to the 80% confidence level, which means there is an 80% probability that the project will be completed at or under the established baseline cost. The results of the business case are shown in the two tables below. Table 5 shows the costs of sustaining the current operations compared to realigning the facility. The costs in this table are presented in then -year dollars. Then -year dollars incorporate inflation to reflect the actual amount of money that will be required in the year it is needed. The Investment Facilities & Equipment (F&E) costs are $2.9M to modify/sustain ALO and $4.4M to realign ALO. Indirect F&E costs are listed separately in this table because they are paid by different FAA budgets instead of the facility realignment budget. They frequently reflect ongoing costs that may be paid later in the life cycle; for example, this estimate includes costs of technology refreshment 10 years after its initial purchase. The Operations and Maintenance costs reflected in the cost summary show the difference in personnel compensation and relocations costs between the two options. Table 6 shows the lifecycle economic comparison of realignment costs to cost savings in realigning ALO to DSM in present value (discounted) dollars. The economic comparison that yields the net present value and benefit -to -cost ratio is calculated in present -value terms and identified the cost of the investment in today's dollars. The realignment costs and savings in this Section 804: National Facilities Realignment and Consolidation Report, Parts 4 & 5 11 Page 180 of 231 table are the result of subtracting the modify/sustain case from the realignment case to yield either a cost of a benefit. The estimated $7.2M in costs of the realignment are equipment acquisition, staff training and relocation, and staffing cost adjustments for moving from an ATC level 5 facility to an ATC level 7 facility. The estimated $8.8M in cost savings expected from the realignment are staffing scheduling efficiencies, savings from the eventual facility level adjustment of DSM tower, and the avoidance of tech refresh costs associated with refreshing ALO's automation system. Cost Summary (Risk Adjusted, Then -Year Dollars, in Thousands) Type Mod -Sustain ALO Realign ALO to DSM Investment Facilities and Equipment (F&E) Total $2,931 $4,396 Indirect F&E Total $3,244 $709 Operations and Maintenance (O&M) Total $288,732 $287,182 Economic Analysis Summary (Risk Adjusted, Present Value Dollars, in Thousands) Type Realign ALO to DSM Realignment Costs $7,182 Cost Savings or Avoidance $8,792 Net Present Value (NPV) $1,610 Benefit to Cost (B/C) Ratio 1.2 Tables 5 and 6: Economic Analysis Summary for ALO Note: The Cost Summary is presented in Then -Year (Budget) Dollars; the Economic Analysis Summary is presented in Present Value (Discounted) Dollars. Recommendation #4: Realign Binghamton, NY (BGM) TRACON Operations and Elmira, NY (ELM) TRACON Operations to Wilkes-Barre/Scranton, PA (AVP) TRACON The Section 804 workgroup evaluated BGM TRACON operations for potential realignment to AVP TRACON or Syracuse, NY (SYR) TRACON. The Section 804 workgroup simultaneously evaluated ELM TRACON operations for potential realignment to BGM TRACON; Rochester, NY (ROC) TRACON; or SYR TRACON. Background BGM tower/TRACON was constructed in 1951. It is owned by the local airport authority and operated by the FAA. BGM is an ATC level 5 facility and its hours of operation are 0600-2400. BGM TRACON operations in FY 2016 were 30,805. ELM tower/TRACON was constructed in 1958. It is owned and maintained by the local airport authority and leased and operated by the FAA. ELM is an ATC level 5 facility and its hours of operation are 0600-02400. ELM TRACON operations in FY 2016 were 39,925. AVP tower/TRACON was constructed in 2012. It is owned and maintained by the FAA. AVP is an ATC level 6 facility and it operates 24 hours a day. AVP TRACON operations in FY 2016 were 80,706. Section 804: National Facilities Realignment and Consolidation Report, Parts 4 & 5 12 Page 181 of 231 ROC tower/TRACON was constructed in 1983. It is owned and maintained by the FAA. ROC is an ATC level 7 facility and it operates 24 hours a day. ROC TRACON operations in FY 2016 were 91,782. SYR tower/TRACON was constructed in 1999. It is owned and maintained by the FAA. SYR is an ATC level 6 facility and it operates 24 hours a day. SYR TRACON operations in FY 2016 were 91,090. Approach The workgroup conducted a working session at FAA headquarters with representatives from the potential transfer and receiver facilities, followed by stakeholder meetings and site surveys at BGM, ELM, AVP, ROC, and SYR. Following the working session and site surveys, the Section 804 workgroup determined additional operational benefits could be derived if both transfer sites were realigned together and decided to add several realignment alternatives to the analysis. To this extent, BGM TRACON operations and ELM TRACON operations were considered for realignment together to ROC, SYR, or AVP TRACONs. Recommendation and Administrator's Justification Upon applying the agreed-upon process and analysis, the workgroup recommends realigning BGM TRACON operations and ELM TRACON operations to AVP TRACON. The realignment is expected to result in operational efficiencies and other benefits. AVP is a new facility and currently an underutilized Agency asset. The realignment will allow the Agency to use AVP TRACON more efficiently and allow more employees to work in a newer, larger, NextGen-enabled, state-of-the-art facility that meets current facility standards and building codes. Jointly realigning BGM and ELM TRACON operations to AVP would create a significantly larger area of airspace worked by a single facility. This would lead to a reduction in handoffs and more efficient coordination for controllers. Combining ELM and BGM airspace will reduce coordination in and around the Penn Yann, PA (PEO) airport. In addition, the realignment is expected to alleviate the current challenges related to servicing the ASR infrastructure at ELM. Airspace would no longer be transferred to New York Air Route Traffic Control Center (ZNY) overnight, improving operations conducted at ZNY for the area. The expanded AVP facility will service up to 10,000 ft. altitude for the entire airspace creating additional operational efficiencies. Input from BGM workforce indicated that the realignment of BGM and ELM TRACON operations to AVP would benefit from already closely tied operations across those three facilities. Projected Costs and Cost Savings The economic analysis indicates the realignment of BGM and ELM TRACON operations to AVP yields a benefit -to -cost (B/C) ratio of 1.1 ($14.1M -$13.2M) over the analytical timeframe of 2017-2034. A B/C ratio of 1.1 means that for every $1 invested, the financial benefit or return is $1.1. In accordance with FAA and OMB guidance, costs have been risk adjusted to the 80% confidence level, which means there is an 80% probability that the project will be completed at or under the established baseline cost. Section 804: National Facilities Realignment and Consolidation Report, Parts 4 & 5 13 Page 182 of 231 The results of the business case are shown in the two tables below. Table 7 shows the costs of sustaining the current operations compared to realigning the facility. The costs in this table are presented in then -year (budget) dollars. Then -year dollars incorporate inflation to reflect the actual amount of money that will be required in the year it is needed. The Investment Facilities & Equipment (F&E) costs are $5.4M to modify/sustain BGM and ELM and $8.2M to realign BGM and ELM. Indirect F&E costs are listed separately in this table because they are paid by different FAA budgets instead of the facility realignment budget. They frequently reflect ongoing costs that may be paid later in the life cycle; for example, this estimate includes costs of technology refreshment 10 years after its initial purchase. The Operations and Maintenance costs reflected in the cost summary show the difference in personnel compensation and relocation costs between the two options. Table 8 shows the lifecycle economic comparison of realignment costs to cost savings in realigning BGM and ELM to AVP in present value (discounted) dollars. The economic comparison that yields the net present value and benefit -to -cost ratio is calculated in present - value terms and identifies the cost of the investment in today's dollars. The realignment costs and savings in this table are the result of subtracting the modify/sustain case from the realignment case to yield either a cost of a benefit. The estimated $13.2M cost of the realignment is comprised of equipment, training, staff relocation, and the cost of the facility level adjustment for BGM and ELM to increase from ATC level 5 facilities to an ATC level 6 facility. The estimated $14.1M in cost savings expected from the realignment are comprised of the avoidance of tech refreshing the automation systems at BGM and ELM, staffing savings resulting from scheduling efficiencies, and savings resulting from the eventual tower level adjustments at both BGM and ELM. Cost Summary (Risk Adjusted, Then -Year Dollars, in Thousands) Type Mod -Sustain BGM & ELM Realign BGM & ELM to AVP Investment Facilities and Equi pment (F&E) Total $5,365 $8,234 Indirect F&E Total $6,538 $1,554 Operations and Maintenance (O&M) Total $550,463 $550,256 Economic Analysis Summary (Risk Adjusted, Present Value Dollars, in Thousands) Type Realign BGM & ELM to AVP Realignment Costs $13,166 Cost Savings or Avoidance $14,076 Net Present Value (NPV) $910 Benefit to Cost (B/C) Ratio 1.1 Tables 7 and 8: Economic Analysis Summary for BGM and ELM Note: The Cost Summary is presented in Then -Year (Budget) Dollars; the Economic Analysis Summary is presented in Present Value (Discounted) Dollars. Section 804: National Facilities Realignment and Consolidation Report, Parts 4 & 5 14 Page 183 of 231 Recommendation #5: Realign Terre Haute, IN (HUF) TRACON Operations to Indianapolis, IN (IND) TRACON The Section 804 workgroup evaluated HUF TRACON operations for potential realignment to IND TRACON or Champaign, IL (CMI) TRACON. Background HUF tower/TRACON was established in 1951. It is owned by the local airport authority and maintained by the FAA. HUF is an ATC level 5 facility and it operates 24 hours a day. HUF TRACON operations in FY 2016 were 46,425. IND tower/TRACON was established in 2006. It is owned and maintained by the FAA. IND is an ATC level 8 facility and it operates 24 hours a day. IND TRACON operations in FY 2016 were 252,756. CMI tower/TRACON was constructed in 1960. It is owned and maintained by the local airport authority. CMI is an ATC level 6 facility and its hours of operation are 0600-2300. CMI TRACON operations in FY 2016 were 51,765. Approach The workgroup conducted a working session at FAA headquarters with representatives from the potential transfer and receiver facilities, followed by stakeholder meetings and site surveys at HUF, IND, and CMI. Following the working session and site surveys, CMI was removed from further consideration as a potential receiver. This decision was based on the following factors: • Age and condition of facility • Lack of administrative, operational, and technical support space The decision to remove CMI as a receiver for this scenario was communicated to the facilities involved, and analysis of CMI was discontinued. Recommendation and Administrator's Justification Upon applying the agreed-upon process and analysis, the workgroup recommends realigning HUF TRACON operations to IND TRACON. The realignment optimizes FAA assets, and is expected to result in operational efficiencies and other benefits. Realignment would allow operational benefits, but, more importantly, would facilitate modernization of the NAS through making use of existing Agency assets by operating radar services from IND, which is a modern, state of the art facility that meets current FAA standards, and which has existing capacity, a facility backup engine generator, redundant HVAC, and a facility UPS. HUF was built in 1951 and is beyond GSA guidelines for facility design life. HUF is not currently on the tower/TRACON replace list; however, it is one of the oldest facilities in the NAS and it will need to be replaced in the near future. Relocating TRACON operations will allow the Agency to build a smaller facility at a lower cost. Section 804: National Facilities Realignment and Consolidation Report, Parts 4 & 5 15 Page 184 of 231 IND is a newer, underutilized facility with available space and unused positions. The realignment will allow the Agency to use IND TRACON more efficiently. Upon realigning, relocated HUF employees will operate in a NextGen-enabled, state-of-the-art facility that meets current standards and building codes. Consolidation of the HUF and IND TRACON airspaces would allow for greater utilization of RNAV Optimum Profile Descent (OPD) procedures into the IND airport. The Runway 14 transition on the KOLTS TWO RNAV procedure was deleted because it required transition through the HUF airspace. The airspace over the Bloomington, IN airport (BMG) is currently vertically divided between IND and HUF, creating inefficient use of this airspace. Consolidation of this vertically fractured airspace would result in reduced coordination and more efficient use of the airspace. The IND ASR -9 radar system provides reliable and redundant coverage of both the HUF and BMG airports as well as much of the HUF TRACON airspace. The IND ASR -9 simultaneously provides six -level weather depiction to controllers on the STARS platform. HUF airspace is covered by an older ASR -8 Surveillance Radar system, which currently does not have the ability to simultaneously display all six levels of weather on the STARS platform. Controllers are required to manually switch between linear and circular polarization mode in order to view three levels of weather at a time. Consolidation would enable IND to gain access to the Huntingburg long range ARSR-4 surveillance radar. Tech Ops closed the HUF Systems Support Center (SSC) several years ago and moved their personnel to IND. Tech Ops personnel currently commute to the HUF area to perform required periodic maintenance and when necessary equipment restoration. By moving the HUF TRACON operations and its associated equipment to IND, the need for Tech Ops personnel to commute to HUF would be reduced. Due to their greater operational impact on the NAS, IND receives higher priority for equipment restoration when outages occur than HUF. By combining the HUF TRACON operations to IND, the HUF TRACON operations would enjoy the same priority of restoration as IND. Projected Costs and Cost Savings The economic analysis indicates the realignment of HUF TRACON operations to IND TRACON yields a benefit -to -cost ratio of 0.7 ($7.8M/$10.4M), representing a negative return on investment, and a Net Present Value (NPV) of -$2.6M ($7.8M-$10.4) over the analytical timeframe of 2017-2034. In accordance with FAA and OMB guidance, costs have been risk- adjusted to the 80% confidence level, which means there is an 80% probability that the project will be completed at or under the established baseline cost. The results of the economic analysis are shown in the two tables below. Table 9 shows the costs of sustaining the current operations compared to realigning the facility. The costs in this table are presented in then -year (budget) dollars. Then -year dollars incorporate inflation to reflect the actual amount of money that will be required in the year it is needed. The Investment Facilities & Equipment (F&E) costs are $3.0M to modify/sustain HUF and $4.6M to realign HUF. Indirect F&E costs are listed separately in this table because they are paid by different FAA budgets instead of the facility realignment budget. They frequently reflect ongoing costs that may be paid later in the life cycle; for example, this estimate includes costs of technology refreshment 10 years after its initial purchase. The Operations and Maintenance costs reflected Section 804: National Facilities Realignment and Consolidation Report, Parts 4 & 5 16 Page 185 of 231 in the cost summary show the difference in personnel compensation and relocation costs between the two options. Table 10 shows the lifecycle economic comparison of realignment costs to cost savings in realigning HUF to IND in present value (discounted) dollars. The economic comparison that yields the net present value and benefit -to -cost ratio is calculated in present -value terms and identified the cost of the investment in today's dollars. The realignment costs and savings in this table are the result of subtracting the modify/sustain case from the realignment case to yield either a cost or a benefit. The estimated $10.4M cost of the realignment is comprised of increased staffing costs caused by moving from an ATC level 5 facility to an ATC level 8 facility, additional equipment costs, and staff training and relocation. The estimated $7.8M in cost savings expected from the realignment are staffing scheduling efficiencies and cost avoidance of tech -refreshing the automation system 10 years after its installation. Cost Summary (Risk Adjusted, Then -Year Dollars, in Thousands) Type Mod -Sustain HUF Realign HUF to IND Investment Facilities and Equipment (F&E) Total $ 3,008 $7,788 IndirectF&ETotaI $ 3,337 $ 609 Operations and Maintenance (O&M) Total $ 169,860 $ 173,932 Economic Analysis Summary (Risk Adjusted, Present Value Dollars, in Thousands) Type Realign HUF to IND Rea I ignment Costs $10,434 Cost Savi ngs or Avoidance $7,788 Net Present Value (NPV) -$2,647 Benefit to Cost (B/C) Ratio 0.7 Tables 9 and 10: Economic Analysis Summary for HUF Note: The Cost Summary is presented in Then -Year (Budget) Dollars; the Economic Analysis Summary is presented in Present Value (Discounted) Dollars. Recommendation #6: Sustain/Maintain Rochester, MN (RST) TRACON Operations at Current Site The Section 804 workgroup evaluated RST TRACON operations for potential realignment to Minneapolis, MN (M98) TRACON or Waterloo, IA (ALO) TRACON. Background RST tower/TRACON was constructed in 1960. It is owned by the local airport authority and maintained by the FAA. RST is an ATC level 5 facility and its hours of operation are 0500- 2300. RST TRACON operations in FY 2016 were 42,594. M98 TRACON was constructed in 1996. It is owned and maintained by the FAA. M98 is an ATC level 11 facility and it operates 24 hours a day. M98 TRACON operations in FY 2016 were 525,247. Section 804: National Facilities Realignment and Consolidation Report, Parts 4 & 5 17 Page 186 of 231 ALO tower/TRACON was constructed in 1987. It is owned and maintained by the FAA. ALO is an ATC level 5 facility and its hours of operation are 0600-2000. ALO TRACON operations in FY 2016 were 25,928. Approach The workgroup conducted a working session at FAA headquarters with representatives from the potential transfer and receiver facilities, followed by stakeholder meetings and site surveys at RST, M98, and ALO. Recommendation and Administrator's Justification Upon applying the agreed-upon process and analysis, the workgroup recommends sustaining and maintaining RST TRACON operations at the current location. While the workgroup can identify many operational benefits for realignment to M98, it is impossible to overcome the financial ramifications of realignment. Operational benefits of realignment of RST to M98 include reduced coordination and improved efficiencies for aircraft utilizing the BLUEM arrival to M98. RST tower operations would also be enhanced through the increased radar inputs being provided through M98, and more efficient use of airspace along the boundary between Rochester, MN, and Minneapolis, MN. Additionally, because RST is a Terminal Approach Control in Tower Cab (TRACAB), and no TRACON space exists, no benefit would be achieved if the RST ATCT is eventually replaced. Projected Costs and Cost Savings The economic analysis indicates the realignment of RST TRACON operations to ALO provides a negative return -on -investment, with a B/C ratio of 0.9, and an NPV of -$443K, given the analytical timeframe of 2017-2034. However, the aforementioned recommendation to realign ALO TRACON operations to DSM eliminates ALO as a potential receiver site for RST. The economic analysis indicates the realignment of RST TRACON operations to M98 provides a negative return -on -investment, with a B/C ratio of 0.6 and an NPV of -$6.6M, given the analytical timeframe of 2017-2034. A B/C ratio of 1 or above is considered positive. Costs have been risk adjusted to the 80% confidence level in accordance with FAA and OMB guidance. Several operational benefits may result from a realignment to M98; however, economic analysis indicates a significantly negative NPV for this realignment alternative. Substantial costs are associated with increasing the facility level and locality pay from RST (ATC level 5; 14.35% locality pay) to M98 (ATC level 11; 21.30% locality pay). Table 11 shows the costs of sustaining the current operations compared to realigning the facility. The costs in this table are presented in then -year (budget) dollars. Then -year dollars incorporate inflation to reflect the actual amount of money that will be required in the year it is needed. The Investment Facilities & Equipment (F&E) costs are $2.8M to modify/sustain RST nearly $4M to realign to ALO, and $4.1M to realign to M98. Table 12 shows the lifecycle economic comparison of realignment costs to cost savings in realigning RST to ALO or M98 in present value (discounted) dollars. Section 804: National Facilities Realignment and Consolidation Report, Parts 4 & 5 1 R Page 187 of 231 The primary costs of the RST TRACON realignment to ALO are equipment, training, staff relocation, and staffing. Staffing inefficiencies between RST and ALO require adding a certified professional controller. The cost drivers of the realignment to M98 include equipment, training, staff relocation, and staffing increases arising from increased facility level, increased locality, and an addition of a frontline manager. The primary cost benefits and cost savings expected from the realignment to either ALO or M98 are the avoidance of tech refreshing the automation system at RST and the eventual staffing savings from the RST tower level adjustment. In addition, realignment to M98 yields some staffing efficiencies in the controller workforce and the traffic management unit. Cost Summary (Risk Adjusted, Then -Year Dollars, in Thousands) Type Mod -Sustain RST Realign RST to ALO Realign RST to M98 Investment Facilities and Equipment (F&E) Total $2,836 $3,984 $4,116 Indirect F&E Tota I $3,447 $727 $725 Operations and Mai ntenance (O&M) Total $523,087 $524,767 $533,083 Economic Analysis Summary (Risk Adjusted, Present Value Dollars, in Thousands) Type Realign RST to ALO Realign RST to M98 Realignment Costs $6,053 $16,394 Cost Savings or Avoidance $5,610 $9,783 Net Present Value (NPV) -$443 -$6,611 Benefit to Cost (B/C) Ratio 0.9 0.6 Tables 11 and 12: Economic Analysis Summary for RST Note: The Cost Summary is presented in Then -Year (Budget) Dollars; the Economic Analysis Summary, is presented in Present Value (Discounted) Dollars. Recommendation #7: Sustain/Maintain Clarksburg, WV (CKB) TRACON Operations at Current Site The Section 804 workgroup evaluated CKB TRACON operations for potential realignment to Pittsburgh, PA (PIT) TRACON or Charleston, WV (CRW) TRACON. Background CKB TRACON was constructed in 1986. It is owned and maintained by the FAA. CKB is an ATC level 5 facility and its hours of operation are 0700-2300. CKB TRACON operations in FY 2016 were 42,491. CRW TRACON was constructed in 1956. It is owned by the local airport authority and maintained by the FAA. CRW is an ATC level 5 facility and it operates 24 hours a day. CRW TRACON operations in FY 2016 were 67,873. PIT TRACON was constructed in 1985. It is owned and maintained by the FAA. PIT is an ATC level 9 facility and it operates 24 hours a day. PIT TRACON operations in FY 2016 were 260,171. Section 804: National Facilities Realignment and Consolidation Report, Parts 4 & 5 19 Page 188 of 231 Approach The workgroup conducted a working session, site surveys, and stakeholder meetings with representatives from the potential transfer and receiver facilities at CKB, CRW, and PIT. Recommendation and Administrator's Justification Upon applying the agreed-upon process and analysis, the workgroup recommends sustaining and maintaining CKB TRACON operations at the current location. Projected Costs and Cost Savings The economic analysis indicates the realignment of CKB TRACON operations to either CRW or PIT provides a negative return -on -investment, with a B/C ratio of 0.3 and 0.4, respectively, and an NPV of about -$8.8M and nearly -$6.0M, given the analytical timeframe of 2017-2034. A B/C ratio of 1 or above is considered positive. The largest cost of realignment in both scenarios is associated with staffing pay raises due to facility level adjustments. If CKB moves to CRW (both ATC level 5 facilities), CRW's level would increase to ATC level 6, thereby causing both facilities to experience pay increases. CKB (ATC level 5) moving to PIT (ATC level 9) would result in a significant increase. Additionally, CKB personnel moving to PIT would also be entitled to additional locality pay (15.06% to 17.78%). Neither realignment option is expected to result in any staffing scheduling efficiencies to offset these increases. Table 13 shows the cost of sustaining the current operations compared to realigning the facility. The costs in this table are presented in then -year (budget) dollars. Then -year dollars incorporate inflation to reflect the actual amount of money that will be required in the year it is needed. The Investment Facilities & Equipment (F&E) costs are $0 for the modify/sustain alternative, approximately $2.0M to realign to CRW and more than $2.2M to realign to PIT. Table 14 shows the lifecycle economic comparison of realignment costs to cost savings in realigning CKB to CRW or PIT, in present value (discounted) dollars. The primary benefits and cost savings expected from the realignment to either PIT or CRW are the avoidance of tech refreshing the automation system at CKB and the eventual minor staffing savings from the CKB tower level adjustment. Section 804: National Facilities Realignment and Consolidation Report, Parts 4 & 5 20 Page 189 of 231 Cost Summary (Risk Adjusted, Then -Year Dollars, in Thousands Type Mod -Sustain CKB Realign CKB to CRW Realign CKB to PITT Investment Facilities and Equipment (F&E)Total- 14,142 2,045 2,262 Indirect F&E Total 3,8379 1,736 1,691 Operations and Maintenance (O&M) Total 471,418 479,659 484,725 E-cnono m iic A,n a lys its Su m ma ry ('Rxiis lk Adjusted, Present 'V a lluue Dollars, in Thi -o uu:sa n -d:s) Type Realign CKB to CRW Realign CIKB to PITT Realignment Costs 9,964 14,142 Cost Savings o r Avoidance 3,225 3,225 Net Present Value (NPV) -$6,739 -$10917 Benefit to Cost (BIC) Ratio 0.3 0.2 Tables 13 and 14: Economic Analysis Summary for CKB Note: The Cost Summary is presented in Then -Year (Budget) Dollars; the Economic Analysis Summary is presented in Present Value (Discounted) Dollars. Recommendation #8: Sustain/Maintain Huntington, WV (HTS) TRACON Operations at Current Site The Section 804 workgroup evaluated HTS TRACON operations for potential realignment to CRW or Covington, KY (CVG) TRACON. Background HTS TRACON was constructed in 1986 (the building was built in 1952). It is owned by the local airport authority and maintained by the FAA. HTS is an ATC level 5 facility and it operates 24 hours a day. HTS TRACON operations in FY 2016 were 37,907. CRW TRACON was constructed in 1956. It is owned by the local airport authority and maintained by the FAA. CRW is an ATC level 5 facility and it operates 24 hours a day. CRW TRACON operations in FY 2016 were 67,873. CVG TRACON was constructed in 1998. It is owned and operated by the FAA. CVG is an ATC level 8 facility and it operates 24 hours a day. CVG TRACON operations in FY 2016 were 230,738. Approach The workgroup conducted a working session, site surveys, and stakeholder meetings with representatives from the potential transfer and receiver facilities at HTS, CRW, and CVG. Recommendation and Administrator's Justification Upon applying the agreed-upon process and analysis, the workgroup recommends sustaining and maintaining HTS TRACON operations at the current location. Section 804: National Facilities Realignment and Consolidation Report, Parts 4 & 5 21 Page 190 of 231 Projected Costs and Cost Savings The economic analysis indicates the realignment of HTS TRACON operations to either CRW or CVG provides a negative return -on -investment, with a B/C ratio of 0.3 or 0.4, respectively, and an NPV of -$8.8M and nearly -$6.0M given the analytical timeframe of 2017-2034. A B/C ratio of 1 or above is considered positive. Table 15 shows the costs of sustaining the current operations compared to realigning the facility. The costs in this table are presented in then -year (budget) dollars. Then -year dollars incorporate inflation to reflect the actual amount of money that will be required in the year it is needed. The Investment Facilities & Equipment (F&E) costs are $0 for the modify/sustain alternative, nearly $2.0M to realign to CRW and about $2.3M to realign to CVG. Table 16 shows the lifecycle economic comparison of realignment costs to cost savings in the realigning HTS to CRW or CVG, in present value (discounted) dollars. Additionally, the workgroup considered the alternative of realigning both CKB and HTS to CRW, which has the space for both operations, but the economic analysis indicates realignment of CKB and HTS TRACON operations to CRW provides a negative return -on -investment, with a B/C ratio of 0.5 and an NPV of -$8.5M, given the analytical timeframe of 2017-2034. Costs have been risk adjusted to the 80% confidence level in accordance with FAA and OMB guidance. Table 17 reflects the costs in then -year (budget) dollars. The Investment Facilities & Equipment (F&E) costs are $0 for the modify/sustain alternative, nearly $4.0M to realign both CKB and HTS to CRW. Table 18 shows the lifecycle economic comparison of realignment costs to cost savings in realigning both CKB and HTS to CRW, in present value (discounted) dollars. The primary costs of the HTS TRACON realignment to CRW or CVG, or of the combination realignment of CKB and HTS to CRW are equipment, training, staff relocation, and staffing. The largest cost of realignment in these scenarios is associated with staffing pay raises due to facility level adjustments. If HTS moves to CRW (both are ATC level 5 facilities), CRW's level would increase to ATC level 6, thereby causing both facilities to experience pay increases. The same applies for CKB in the combination option. HTS (ATC level 5) moving to CVG (ATC level 8) also results in a significant increase. Additionally, HTS personnel moving to CVG would also be entitled to additional locality pay (15.06% to 19.52%). The primary benefits and cost savings expected from the realignment to either CRW or CVG are the avoidance of tech refreshing the automation system at HTS. Additionally, there are some staffing scheduling efficiencies associated with HTS realigning to CVG. Section 804: National Facilities Realignment and Consolidation Report, Parts 4 & 5 22 Page 191 of 231 Cost Summary (Risk Adjusted, Then -Year Dollars, in Thousands) TypeMod-Sustain HT5 Realign HTS t-oCRW" Realign NTS to CV,G' I nvestment Facilities and Equi pmelit (ME) TotalI - 1,945 2,527 I ndirect F&E Total 5,896 180 1,794 Operations and Maintenance (O&M) Total 467,145 478107 474,028 Eco nom is An alfysiis Summary (Rusk Adjusted, Present 'U a lluue Do lllla rs, in Thousands) Type Realign HTS to CRW Realign HTS to CVG Realignment Costs 12,039 10 67 Cost Savings or Avoidance 3,211 4,885 Net Present 'Value (NPV) -$8,8,28 -$5,982 Benefit to Cost (B/C) Ratio 0.3 0.4 Tables 15 and 16: Economic Analysis Summary for HTS Note: The Cost Summary is presented in Then -Year (Budget) Dollars; the Economic Analysis Summary is presented in Present Value (Discounted) Dollars. CostSumrn airy (Risk Adjusted, Then -Year Dollllars, En Thousands) Ty pie Mod -Sustain CKB and HTS Realliignn CKB and HTS to nCR'9MJ I nvestrment Facilities and Equip(i nt F&E) Total - 8,972 Indirect F&E Total 6 28 2, I Operations and Maintenance (O&M) Total 888,144 842,683 Economic Ana Ilyslis Summary (Risk Adjusted, Present Vallue Dolllars, in Thousands) Type Realign CKB and HTS to CR'W Real ignrment Costs 15„871 Cost Savi ngs or Avoidance 7,420 Net Present Value (NPV) -$8 451 Benefit to Cost (B/C) Ratio 0.5 Tables 17 and 18: Economic Analysis Summary for the CKB and HTS Combination Realignment Note: The Cost Summary is presented in Then -Year (Budget) Dollars; the Economic Analysis Summary is presented in Present Value (Discounted) Dollars. Section 804: National Facilities Realignment and Consolidation Report, Parts 4 & 5 23 Page 192 of 231 Proposed Timing for Implementation of Recommendations The implementation of facility and operational realignments and staff moves are subject to current labor and FAA collective bargaining agreements, which require notification to the workforce of up to 12 months, as well as other FAA policies, and regulations. The FAA currently plans to notify the workforce of the recommendations in 2019, initiate project implementation in 2019, and begin cutovers in 2021. Implementation of each realignment is contingent on funding and resource availability. Federal Register Publication In accordance with Section 804 of P.L. 112-95, the FAA plans to submit the National Facilities Realignment and Consolidation Report, Parts 4 & 5, to Congress and publish it in the Federal Register for public review and comment. This report will be available for review on the Federal Register docket and the FAA website. After the 45 -day public comment period and subsequent comment review period, the FAA plans to submit the final report to Congress, with collected public comments. Conclusion The realignment recommendations outlined in this report are the result of a collaborative process which involves a multi -disciplinary workgroup of representatives from FAA management, labor, field facilities, finance, and subject matter experts. The repeatable and defensible process developed by the workgroup serves as a stable foundation for realignment analyses and recommendations that may be developed in the future. The workgroup uses the process to maximize operational, administrative, and maintenance efficiencies, support transition to NextGen, and deliver the highest value to stakeholders. Through continuous analysis and assessment of facilities through this process, the FAA supports its goal of ensuring safe and secure operations across the nation. The FAA's success in conducting realignment analysis, continuing to develop realignment recommendations, and implementing those realignments is contingent upon stable multi-year funding, continued collaboration with labor unions, and coordination with industry stakeholders. Section 804: National Facilities Realignment and Consolidation Report, Parts 4 & 5 24 Page 193 of 231 CITY OF WATERLOO Council Communication Resolution approving support of the proposal for Downtown Waterloo to receive the Iowa Cultural and Entertainment District designation. City Council Meeting: 4/22/2019 Prepared: 4/17/2019 REVIEWERS: Department Reviewer Action Date l 1panniuu.g & Zoning Schroeder, Ade Approved 4/17/2019 .... iii:56 AM LAnn. Approved 4/17/2019 P M ATTACHMENTS: Description D N4ap of District Bou SUBJECT: Submitted by: Type Backup Ma. Resolution approving support of the proposal for Downtown Waterloo to receive the Iowa Cultural and Entertainment District designation. Submitted By: Noel Anderson, Community Planning & Development Director Recommended Action: Approval. The City of Waterloo and supporting entities are submitting an application for downtown Waterloo to become a Cultural & Entertainment District through the Iowa Department of Cultural Affairs. The designation is Summary Statement: designed to identify well-defined, walkable, mixed-use, compact areas of cities in which have a high concentration of cultural facilities and events. The designation will bring additional recognition to downtown Waterloo as well as open up funding opportunities to the area. Expenditure Required: None Source of Funds: None Policy Issue: Policies 1, 3, and 4 in the Strategic Plan dealing with economic development. Alternative: Not approve Page 194 of 231 vl "�iuvMd%rylp Wry UmI I'^�l u 1111111111111111111111 1111 .puumllVllq���� III V�u� 1m 111111111111111 w� iq IlltImllm'�I'hiiiid101w'dv,,�rr1;dmiw,Imll'rou Metropolitan Transit Authority (MET) Transfer Station 111111111111111111111111111111111111 �I'� I i;ppii;IIPII(I�;',ilj°Til;; pl�i!Iirl„qp Iow . utt ral !'nte tainxn eu VIII D1iist ' ct UMW AUNIOwwEwawN ANIMEMENIM ANNIE u uwNAWA u \WMerloo Iowa. CITY OF WATERLOO Council Communication Resolution approving support of the proposal for the Cedar Valley to receive the Great Places designation. City Council Meeting: 4/22/2019 Prepared: 4/17/2019 REVIEWERS: Department Reviewer Action Date landing 8z; 7onii:ig Schroeder, Arne Approved 4/17/2,019 .... ill: n"1 AM t. "perk 0p°1 h,ven", 1 LAnn. Approved 4/17/2019... 12:08 PM SUBJECT: Submitted by: Resolution approving support of the proposal for the Cedar Valley to receive the Great Places designation. Submitted By: Noel Anderson, Community Planning & Development Director Recommended Action: Approval. GROW Cedar Valley, on behalf of Waterloo & Cedar Falls, and supporting entities is submitting an application for the Cedar Valley to receive the Great Places designation through the Iowa Department of Cultural Affairs. The designation highlights communities with a strong vision for innovation, and Summary Statement: enhancing vitality and quality of life, while staying true to what makes their community unique. The designation supports the development of new and existing infrastructure intended to cultivate the unique and authentic qualities of neighborhoods, communities and regions in Iowa.The designation will bring additional recognition to the Cedar Valley as well as open up funding opportunities to the area. Expenditure Required: None Source of Funds: None Policy Issue: Policies 1, 3, and 4 in the Strategic Plan dealing with economic development. Alternative: Not approve Page 196 of 231 CITY OF WATERLOO Council Communication Resolution approving an Early Access Agreement with Koelker Properties, LLC, to allow for access to city owned parcels before conveyance, for survey and earth moving work for the development of three industrial buildings within five (5) years, generally located west of 3070 West Airline Highway, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 4/22/2019 Prepared: 4/16/2019 REVIEWERS: Department Reviewer Action Date .hing & /of_in.g Schroeder, Au .Approved 4/17/20. 119.:.16 AM LeArm.Approved. 4/17/20.... 1 p O9 AM ATTACHMENTS: Description Type D .A.ccess AgPareemen:t Cover Memo D Aerial Plnoto Cover .IVieumio SUBJECT: Submitted by: Resolution approving an Early Access Agreement with Koelker Properties, LLC, to allow for access to city owned parcels before conveyance, for survey and earth moving work for the development of three industrial buildings within five (5) years, generally located west of 3070 West Airline Highway, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director Recommended Action: Approval The City has owned the land since 2016 and the early access agreement would allow Koelker Properties, LLC access to a city owned parcel before conveyance to begin survey and earth moving work for the development of three industrial buildings. Approval of the early access agreement would allow Koelker Properties to have the site prepped for Summary Statement: construction to begin, and once the parcels are conveyed, they can begin construction of the new buildings. The City of Waterloo is working to acquire Parcel "H", an 80 foot strip of land to the east, and anticipates closing in the near future. This will not provide the applicant with early access on this portion until the City of Waterloo has closed on the property. Expenditure Required: None Source of Funds: NA Policy Issue: Economic Development Page 197 of 231 Alternative: Not sell Legal Descriptions: Parcel "E" per Plat of Survey recorded as Doc. No. 2016-11511, being a part of the Southeast Quarter (SE 1/4) of Section No. 5, Township No. 89 North, Range No. 13 West of the 5th P.M., City of Waterloo, Black Hawk County, Iowa, except Parcel "G" thereof per Plat of Survey filed as Doc. No. 2019-09618. [main parcel) and Tract "A" and Tract "B" per Plat of Survey recorded as Doc. No. 2019- 09617, being apart ofthe Southeast Quarter (SE 1/4) of Section No. 5, Township No. 89 North, Range No. 13 West of the 5th P.M., City of Waterloo, Black Hawk County, Iowa. [ROW to be vacated] and Tract "E" and Tract "F" per Plat of Survey recorded as Doc. No. 2019- 12692, being a part ofthe Southeast Quarter (SE 1/4) of Section No. 5, Township No. 89 North, Range No. 13 West of the 5th P.M., City of Waterloo, Black Hawk County, Iowa. [ROW to be vacated] and Parcel "H" per Plat of Survey recorded as Doc. No. 2019-12691, being a part of the Southeast Quarter (SE 1/4) of Section No. 5, Township No. 89 North, Range No. 13 West of the 5th P.M., City of Waterloo, Black Hawk County, Iowa. [80 -foot parcel] Page 198 of 231 EARLY ACCESS AGREEMENT This Early Access Agreement (the "Agreement") is entered into as of 2019, by and between the City of Waterloo, Iowa ("City"), and Koelker Properties, LLC (the "Company"). WHEREAS, City and Company are finalizing the terms ofa development agreement concerning a project to be undertaken by Company on certain real property described or depicted on Exhibit "A" attached hereto (the "Property"), located in the East Waterloo Unified Urban Renewal and Redevelopment Plan Arca, formerly known as the Airport Area Development Plan area; and WHEREAS, the parties desire that Company have access to the Property to begin certain activities before the Property is conveyed to Company. NOW, THEREFORE, in consideration of the future transactions contemplated by the parties as described above, and in consideration of the mutual promises exchanged herein, the parties agree as follows: 1. City hereby grants to Company the right to enter upon the Property to begin development activities, including but not limited to survey work and earth moving. The teen of this Agreement shall be from the date hereof until the date that City delivers a deed to Company for the Property. Company's right to conduct its activities upon the Property are expressly made subject to prior receipt of applicable zoning, building, and other regulatory approvals. Until City delivers a deed to Company, Company may not pour footings or foundations or otherwise begin any work of constructing improvements. 2. Company shall, at its own expense, procure and maintain comprehensive public liability insurance in the amount of not less than $2,000,000 per occurrence. Such insurance shall cover liability assumed under an insured contract and liability arising from the acts or omissions of Company, its employees, contractors and agents, and shall protect the City, its officers, officials, employees, and agents, against any and all claims, damages, costs or expenses (including but not limited to reasonable attorneys' fees and expenses) arising from or in connection with injury or death to any person or persons, or loss of or damage to property, by reason of any casualty, accident or other occurrence on or about the Property during the term of this Agreement. Certificates or copies of said policies, naming the City as an additional insured, shall be delivered to City before Company, its employees, contractors, or agents, enter upon the Property for any purpose. 3. Company agrees to be responsible for any liability which may arise out of the acts or omissions of Company, its employees, agents and contractors, on or about the Property, and in said connection Company agrees to indemnify and hold harmless City, its officials, officers, employees and agents, from and against any and all claims, demands, actions, causes of action, damages, costs, fines, penalties, and liabilities of any type or nature whatsoever, including but not limited to reasonable attorneys' fees, whether sounding in law or equity, in tort or contract, arising out of said acts or omissions. The duties of Company under this paragraph shall survive the expiration or termination of this Agreement. Page 199 of 231 arising out of said acts or omissions, The duties of Company under this paragraph shall survive the expiration or termination of this Agreement. 4. If for any reason the contemplated sale and purchase of the Property between the parties is canceled or otherwise does not occur, then Company shall promptly remove from the Property all of its personal property and materials or debris that it has deposited on the Property during the term hereof and restore, as nearly as possible, the condition of the Property to that which existed upon Company's initial entry upon the Property hereunder, except as otherwise permitted by express written consent of City. 5. Notwithstanding this Agreement, the parties agree to work cooperatively in good faith to finalize the terms of a development agreement in respect of the Property as expeditiously as possible. 6, The rights and duties of Company under this Agreement may not be assigned without the prior written consent of City. This Agreement is the entire agreement of the parties concerning the subject matter hereof. It may not be modified or amended without the prior written consent of the parties. This Agreement is binding on the parties and the respective successors and assigns of each. This Agreement may be executed in one or more counterparts, each of which, including signed counterparts transmitted by facsimile or other electronic rneans, shall be deemed an original and all of which together shall constitute one instrument. IN WITNESS WHEREOF, the parties hereto have executed this Early Access Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA KOELKER PROPERTIES, LLC By: By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk 2 Title: P/Vad6' Page 200 of 231 EXHIBIT "A" Legal Description of Property Parcel "E" per Plat of Survey recorded as Doc, No. 2016-11511, being a part of the Southeast Quarter (SE %) of Section No, 5, Township No. 89 North, Range No. 13 West of the 51h P.M., City of Waterloo, Black Hawk County, Iowa, except Parcel "G" thereof per Plat of Survey filed as Doc. No. 2019-09618. [main parcel] and Tract "A" and Tract "B" per Plat of Survey recorded as Doc. No. 2019-09617, being a part of the Southeast Quarter (SE %) of Section No. 5, Township No. 89 North, Range No. 13 West of the 5th P.M., City of Waterloo, Black Hawk County, Iowa. [ROW to be vacated] and Tract "E" and Tract "F" per Plat of Survey recorded as Doc. No. 2019-12692, being a part of the Southeast Quarter (SE 1/4) of Section No, 5, Township No. 89 North, Range No, 13 West of the 5°` P.M., City of Waterloo, Black Hawk County, Iowa. [ROW to be vacated] and Parcel "H" per Plat of Survey recorded as Doc. No. 2019-12691, being a part of the Southeast Quarter (SE t/) of Section No. 5, Township No. 89 North, Range No. 13 West of the 5th P.M., City of Waterloo, Black Hawk County, Iowa, [80 foot parcel] Page 201 of 231 000000001100110 001001111" 'Ill .mlIIID r'mruNll�llgiill Illlllu000111111,1,0, lion1111111,111111111111llua; �alll" ri1luj'IY'jil1FIlllillllPr �dmrm 4u 'Ipllm luu 111 1On YIY,,.t aaa�aa I I p�VIV Il�dullluauaaua���� „I tlhl Il louMliitill lido '''''i ';+mi„; IwielPrajl6,lllpl"PNVlIrkdlilr fiplw.lullall'III!piy'Ylla' 044111h'1111y' i' IIwIWlI%IIou 000000000011111 at 41 '""r'' lulllll, Iel@Sal ui'11'11 miil��ln� N1s as w� uuuuuum'I'IIIIIIIIIIIIIIIIII a a'I lu'yi^'Pli'II IwM1 61;" ''m�mlllllll 11111 m a m,:.', In I, luo atlEuda' W, mmllf"IINI'IiiIN'N�Ir':IN!IIIIL, ;wII'V Y'9.lµ,Iwll'm Ncte Base map data source is Black Hawk County This map does not represent a suway no habdaty Is for the accuracy of the data delineated herein, eatdenassumed expressed or angled by Black Hawk County the Black Hawk County Assessor, or their employees The CO of Tratedoo makes no warranty, express or omplaed, as to the accuracy of the Inform.. shown on thaw reap and express!, dasclarms habdaty for the accuracy thereof users should refer to offival gats surveys recorded deeds etc located at the Black Hawk County Assessors Office for complete and accurate mformanon Earliy Access A6reement City of Waterloo, Iowa W+E 0 1_5 :5U Feet age 202 of 231 CITY OF WATERLOO Council Communication Resolution approving accepting certain deeds to sell real property to the City of Waterloo, for the partial acquisition of right-of-way and temporary easement from Realty Income Properties 31, LLC, in the amount of $3,070.07 ($2,509.15 fee title acquisition; $560.92 temporary easement), generally located adjacent to 1850 Logan Avenue, in addition not to exceed $50 in recording fees. City Council Meeting: 4/22/2019 Prepared: 4/17/2019 REVIEWERS: Department Reviewer Action Date ii g& /of_pn.g Schroeder, Arne Apppwvcd 4/17/20 10:54 AM p:,eAnn. Apppwved. 4/17/20...alp 11.05 AM ATTACHMENTS: Description SUBJECT: Submitted by: aary roe Type Coverl /Memo Cover M. over Menlo Resolution approving accepting certain deeds to sell real property to the City of Waterloo, for the partial acquisition of right-of-way and temporary easement from Realty Income Properties 31, LLC, in the amount of $3,070.07 ($2,509.15 fee title acquisition; $560.92 temporary easement), generally located adjacent to 1850 Logan Avenue, in addition not to exceed $50 in recording fees. 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 deed to sell real property to the City of Waterloo for the partial acquisition of right-of-way and temporary easement from Realty Income Properties 31, LLC for $3,070.07 ($2,509.15 fee title acquisition, $560.92 temporary easement) located adjacent to 1850 Logan Avenue (Walgreens), Summary Statement: plus recording costs. The acquisition and temporary easement is related to the improvements along East Donald Street and West 4th Street project. Realty Income Properties 31, LLC will be transferring the property through special warranty deed. Expenditure Required: $3,070.07 Realty Income Properties, LLC, and up to $50.00 Black Hawk County Recorder Source of Funds: Local Option Funds Page 203 of 231 Policy Issue: Infrastructure Alternative: N/A Background Information: N/A Legal Descriptions: A parcel of land situated in part of Lot 1 of Block 1 of North Waterloo Place, City of Waterloo, County of Black Hawk, State of Iowa, more particularly described as follows: Beginning at the Northwest corner of said Lot 1, thence North 89° (Degrees) 19' (Minutes) 21" (Seconds) East (assumed bearing for the purpose of this description) on the North line of said Lot 1, also being the present South right-of-way line of E. Donald Street, 46.62 feet; thence South 78°15'31" West, 13.26 feet; thence South 48°10'05" West, 14.00 feet; thence South 77°32'58" West, 11.82 feet; thence South 27°30'58" West, 25.22 feet to the West line of said Lot 1, also being the present East right-of-way line of U.S. Highway 63 (Logan Avenue), thence North 00°00'58" West on said West line, 36.41 feet to the point of beginning Page 204 of 231 36.94' 46.62' EXHIBIT 'A' TEMPORARY EASEMENT F.Y. 2011 EAST DONALD STREET IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA PROJ ECT NO. STP -U-8155(714)-70-07 E. DONALD STREET FEE TITLE ACQUISITION i VI \, 130' A 1 37.12' TEMPORARY EASEMENT 46.89' 130' 2 LEGEND FEE TITLE ACQUISITION LINE - - - - TEMPORARY EASEMENT LINE ADDRESS OF SURVEY 1850 LOGAN AVENUE WATERLOO, IOWA 50703 COUNTY PARCEL NO. 8913-13-101-027 14' 0 15 30 45 60 SCALE AREA OF TEMPORARY EASEMENT = 1196 SQUARE FEET OR 0.03 ACRE SHEET 1 OF 2 ACOM 501 SYCAMORE STREET SUITE 222 WATERLOO, IOWA 50703 TEMPORARY EASEMENT REALTY INCOME PROPERTIES 31, LLC 11995 EL CAMINO REAL SAN DIEGO, CA 92130 Page 205 of 231 PREPARED BY: MICHAEL R. FAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531 N00 °00'58"W 36.41' P.O.B. ACQUISITION PLAT DONALD STREET IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA COUNTY PARCEL NO. 8913-13-101-027 OWNER: REALTY INCOME PROPERTIES 31, LLC 11995 EL CAMINO REAL SAN DIEGO, CA 92130 E. DONALD STREET N89°19'21"E 46.62' 130' I 578°15'31"W 13.26' S48 °10'05"W 14.00' S77°32'58"W 11.82' 130' 0 S27°30'05"W 25.22' 2 130' 130' 4 14' 130' 24 FND. 1 I/2" 0 IRON PIPE 0 Ln in 130' 23 130' 5 130' 22 130' 21 130' 20 0 ADDRESS OF SURVEY HOPE AVENUE Preparer Information Christopher S. Wendland Individuals Name P.O. Box 596 Street Address Waterloo, IA 50704 (319) 234-5701 City Phone Address tax statement to City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 Return deed to preparer. SPECIAL WARRANTY DEED For the consideration of One Dollar ($1.00) and other valuable consideration, Realty Income Properties 31, LLC, a Delaware limited liability company, does hereby convey to City of Waterloo, Iowa the following described real estate in Black Hawk County, Iowa: A parcel of land situated in part of Lot 1 of Block 1 of North Waterloo Place, City of Waterloo, County of Black Hawk, State of Iowa, more particularly described as follows: Beginning at the Northwest corner of said Lot 1, thence North 89° (Degrees) 194 (Minutes) 21. (Seconds) East (assumed bearing for the purpose of this description) on the North line of said Lot 1, also being the present South right-of-way line of E. Donald Street, 46.62 feet; thence South 78°15431. West, 13.26 feet; thence South 48°10405. West, 14.00 feet; thence South 77°32458. West, 11.82 feet; thence South 27°30+58. West, 25.22 feet to the West line of said Lot 1, also being the present East right-of-way line of U.S. Highway 63 (Logan Avenue), thence North 00°00458. West on said West line, 36.41 feet to the point of beginning. Grantor hereby covenants with grantee, and successors in interest, to warrant and defend the real estate against the lawful claims of all persons claiming by, through, or under it, except as may be stated above. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. STATE OF ) ss: COUNTY ) Acknowledged before me on 2019, by as of Realty Income Properties 31, LLC. Notary Public Dated REALTY INCOME PROPERTIES 31, LLC By: Title: Page 207 of 231 CITY OF WATERLOO Council Communication Resolution approving Construction Plans for paving, sanitary sewer, and storm sewer serving Magnolia Hills, as submitted by Clapsaddle-Garber Associates, Inc., of Cedar Falls, Iowa, and Sewage Treatment Agreement DNR Form 29 (Nov 00) with the Department of Natural Resources and the fmal acceptance of construction plans subject to the review and acceptance by the Department of Natural Resources, and authorize the Mayor to execute said agreement. City Council Meeting: 4/22/2019 Prepared: 4/17/2019 REVIEWERS: Department ;0n.ee0 dng Enun$1 Clerk. Office SUBJECT: Submitted by: Summary Statement: Reviewer Knutson, JI aroie .11to s, 'Trac:a Knutson., Jarr.iie 1 ven., ll:,eAnm Action p2 epected. Approved Approved Approved Date X14/U7/2011p 4/1.7/201 a 44/:17/20. .0:05 .A 10:05 A.M -110:2,1AM 4/ 17/2019 .... 111 :53 A.M. Resolution approving Construction Plans for paving, sanitary sewer, and storm sewer serving Magnolia Hills, as submitted by Clapsaddle-Garber Associates, Inc., of Cedar Falls, Iowa, and Sewage Treatment Agreement DNR Form 29 (Nov 00) with the Department of Natural Resources and the final acceptance of construction plans subject to the review and acceptance by the Depattnient of Natural Resources, and authorize the Mayor to execute said agreement. Submitted By: Dennis Gentz, PE, Assistant City Engineer These construction plans have been reviewed by the Engineering Department. They appear to meet current design standards and specifications, therefore they are recommended for approval by the City Council. Page 208 of 231 CITY OF WATERLOO Council Communication Resolution approving construction plans for the 2018 Orange Road Entrance Improvements Project for Hawkeye Community College, as submitted by AECOM, of Waterloo, Iowa. City Council Meeting: 4/22/2019 Prepared: 4/17/2019 REVIEWERS: Department Reviewer Action Date d:a "> Knutson, JI same.Approved 4/1.7/2019 .... 10:20 .A.M L.,cAnn..Approved 4/17/2019 .... 11:55 A.M SUBJECT: Submitted by: Summary Statement: Expenditure Required: Resolution approving construction plans for the 2018 Orange Road Entrance Improvements Project for Hawkeye Community College, as submitted by AECOM, of Waterloo, Iowa. Submitted By: Dennis Gentz, PE, Assistant City Engineer These construction plans have been reviewed by the Engineering Department. They appear to meet current design standards and specifications, therefore they are recommended for approval by the City Council. No city funds for construction. Page 209 of 231 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Clapsaddle-Garber Associates, Inc., of Cedar Falls, Iowa, in an amount not to exceed $13,800, in conjunction with the Airline Highway Sanitary Sewer Extension, and authorize the Mayor to execute said document. City Council Meeting: 4/22/2019 Prepared: 4/17/2019 REVIEWERS: Department Reviewer Action Date i unOnna°ering Knutson, Jlarrnn_ie Approved 4/17/2,019 ... Clerk Office i?venn, p:,eAll_nn Approved 4/1 //)019 - ATTACHMENTS: Description Type D P SA wy San Sew Ext Cover reamer SUBJECT: Submitted by: Source of Funds: 0:4 AM AM Resolution approving a Professional Services Agreement with Clapsaddle- Garber Associates, Inc., of Cedar Falls, Iowa, in an amount not to exceed $13,800, in conjunction with the Airline Highway Sanitary Sewer Extension, and authorize the Mayor to execute said document. Submitted By: Jamie Knutson, PE, City Engineer TIF Page 210 of 231 Date: April 16, 2019 Client: City of Waterloo Attn: Jamie Knutson, PE City Engineer City of Waterloo Engineering Department 715 Mulberry Street Waterloo, IA 50703 Prc'fessuinalll Services Agreement IlProlposalll Airline Highway Sanitary Sewer Extension Waterloo, Iowa Dear Mr. Knutson: Thank you for your continued consideration of CGA for your professional engineering and surveying needs. It is our understanding that the City requires preparation of contract documents, and associated construction observation and administration services, for an extension of approximately 680 LF of public sanitary sewer along the north side of Airline Highway, currently located in the right-of-way south of Parcel 8913-05-476-005. The full proposal is as follows: Scope of Sezvgc•es Task 1 Boundary & Tolpo iraplhiicall Survey CGA shall perform a boundary and topographic survey to establish the right of way and prepare a topographic base map for use during the utility design. The topographic survey shall be of sufficient detail for design, including ground shots, elevation breaks, edge of pavement, signs and other observable above ground features. Existing utility information will typically be located and shown on the drawing in accordance with Utility Quality Level C— location of observable utilities and those identified through the Iowa One -Call process. Storm and sanitary structures will be located with the type, size and invert elevations. CGA will be responsible for contacting Iowa One -Call and coordinating location activities. Task 2 •• Contract Documents and Bid IL....etting CGA shall prepare design drawings to include the following plan sheets: title sheet; estimate of quantities and specification reference information; sanitary sewer plan/profile; standard details. CGA shall prepare the project manual in a format acceptable to the City of Waterloo. Included in the project manual are the following: engineer's certification, notice of public hearing, notice to bidders, instruction to bidders, special provisions, standard specifications, supplemental specifications and other documents necessary to comply with the public bid letting policies of the City of Waterloo. CGA shall provide consultation during the bid letting process, answering questions from prospective bidders and the City of Waterloo. CGA shall also prepare a utility easement for the City's use in obtaining a public utility easement to include the proposed public sanitary sewer extension in existing right-of-way to be vacated at a later date. Task 3 Construction Phase Services Ackley Armes Cedar Falls Marshalltown Webster C.lty 800-542-7981 www,cgaconSUltants.conn Page 211 of 231 CGA shall provide construction administration, observation and testing services for the construction phase of the project. The fee for Construction Phase Services is developed in part on the anticipated duration of the construction and 20 hours per week construction observation by an engineering technician and 5 hours per week construction administration by an engineer. The assumed duration of construction for this project is two weeks. This portion of the services includes services during construction and are further defined to include the following tasks: a. Preconstruction Conference Preparation and Attendance b. Contractor Review c. Record Keeping d. Trench Compaction Testing e. Collecting As -Constructed Utility Information f. On-site Construction Observation by a Field Representative (Note: The field representative is not authorized to issue instructions contrary to the plans and specifications, or to act as foreman for the project contractor, however, shall have the authority to reject work or materials until any questions at issue can be referred to and be decided by representatives of the City.) g. Preparation and Recommendation of Monthly Pay Estimates h. Preparation of Change Orders, as necessary i. Provide periodic updates to City of Waterloo j. Perform Final Walk Through of Construction k. Project Close -Out I. Certification of Project Completion. Note: This certification will be prepared based on our observance of construction and, to the best of our abilities, determine the Contractor's compliance with the Contract Documents and deem unacceptable such work and material which do not comply with the specifications and plans. This clause shall not be construed to mean that the Engineer is guaranteeing the work of the Contractor. m. Preparation of Digital and Paper As -Constructed Drawings. The fee for the Scope of Services described above shall be as follows: Tas Task 1— Boundary & Topo Task 2 — Contract Doc's & Bid Letting Task 3 — Construction Phase Services TOTAL $1,100 $7,600 $5,100 $13,800 Type Not to Exceed Not to Exceed Not to Exceed Not to Exceed Not to Exceed: The fee presented is the maximum amount to be invoiced for this phase. The task will be invoiced on a time and expense basis, per the hourly rate schedule and fees current at the time the service is performed. S "/':e,iuie The schedule for the completion of the tasks presented shall be as follows: Task 1 & 2 —Survey and Contract Documents: Four (4) weeks from receipt by CGA of the Authorized Professional Service Agreement Task 3 — Construction Phase Services: To be performed during construction www..cgaconsulitants,com Page ® 2 Page 212 of 231 Attachments A - Conceptual Layout All attachments shall be considered a part of this Proposal. Please note that unless included in the Scope of Services any other items that may be needed for the completion of this project are not included. Starm ars erir s d Coditio PARTIES "ENGINEER" shall mean Clapsaddle-Garber Associates, Inc. "CLIENT" shall mean the person or entity executing this Agreement with "ENGINEER." STANDARD OF CARE Services provided by ENGINEER under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances on projects of similar size, complexity, and geographic location as that of the Project. ENGINEER PROVIDES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ITS SERVICES. RIGHT OF ENTRY The CLIENT shall provide for complete and continuous access to the Project site in order for ENGINEER to timely perform its services and shall provide for entry for the employees, agents and subcontractors of ENGINEER and for all necessary equipment. While ENGINEER shall take reasonable precautions to minimize any damage to property, it is understood by the CLIENT that in the normal course of the project some damages may occur, the cost of correction of which is not a part of this Agreement. PAYMENT Unless otherwise provided herein, invoices will be prepared in accordance with ENGINEER's standard invoicing practices then in effect and will be submitted to CLIENT each month and at the completion of the work on the project. Invoices are due and payable upon receipt by the CLIENT. If the CLIENT does not make payment within thirty (30) days after the date the invoice was mailed to the CLIENT, then the amount(s) due ENGINEER shall bear interest due from the date of mailing at the lesser interest rate of 1.5% per month compounded or the maximum interest rate allowed by law. In the event that ENGINEER files or takes any action , or incurs any costs, for the collection of amounts due it from CLIENT, then ENGINEER shall be entitled to recover its entire cost for attorney fees and other collection expenses related to the collection of amounts due it under this Agreement. Any failure to comply with this term shall be grounds for a default termination. TERMINATION Either party may terminate this Agreement for convenience or for default by providing written notice to the other party. If the termination is for default, the non -terminating party may cure the default before the effective date of the termination and the termination for default will not be effective. The termination for convenience and for default, if the default is not cured, shall be effective seven (7) days after receipt of written notice by the non -terminating party. In the event that this Agreement is terminated for the convenience of either party or terminated by ENGINEER for the default of the CLIENT, then ENGINEER shall be paid for services performed to the termination effective date, including reimbursable expenses due, and termination expenses attributable to the termination. In the event the CLIENT terminates the Agreement for the default of ENGINEER and ENGINEER does not cure the default, then ENGINEER shall be paid for services performed to the termination notice date, including reimbursable expenses due, but shall not be paid for services performed after the termination notice date and shall not be paid termination expenses. Termination expenses shall include expenses reasonably incurred by ENGINEER in connection with the orderly termination of the Agreement or services, including, but not limited to, demobilization, reassignment of personnel, termination of subcontractors, subconsultants and other agents whose services were retained for the Project, associated overhead costs, lost profits, and all other expenses directly resulting from the termination. INFORMATION PROVIDED BY OTHERS ENGINEER shall indicate to the CLIENT the information needed for rendering of services hereunder. The CLIENT shall provide to ENGINEER such information, including electronic media, as is available to the CLIENT and the CLIENT's consultants and contractors. CLIENT hereby warrants the accuracy and completeness of the information provided by CLIENT to ENGINEER, and ENGINEER shall be entitled to rely upon the accuracy and completeness thereof. The CLIENT recognizes that it is difficult for ENGINEER to assure the accuracy, completeness and sufficiency of such www. cga c. urn s cul1i to nts. co mnri Page ® 3 Page 213 of 231 CLIENT -furnished information, either because it is provided by others, or because of errors or omissions which may have occurred in assembling the information the CLIENT is providing. Accordingly, the CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold ENGINEER Group harmless from and against any and all claims, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees, experts' fees and any other legal costs), or any other costs, expenses or damages of any nature whatsoever (including, without limitation, damages to property, injuries or death to persons, fines, penalties) arising or allegedly arising from errors, omissions or inaccuracies in documents or other information provided by the CLIENT. UNDERGROUND UTILITIES Information for location of underground utilities may come from the CLIENT, third parties, and/or research performed by ENGINEER or its subcontractors. ENGINEER will use the standard of care defined in this Agreement in providing this service. The information that ENGINEER must rely on from various utilities and other records may be inaccurate or incomplete. Therefore, the CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless ENGINEER Group for any and all claims, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees, experts' fees and any other legal costs), or any other costs, expense or damages of any nature whatsoever arising out of the location of underground utilities provided or any information related to underground utilities provided to or by ENGINEER under this Agreement. CONTRACTOR MATTERS CLIENT agrees that ENGINEER shall not be responsible for the acts or omissions of the contractor or contractors, and their respective affiliated companies, officers, directors, equityholders, employees, agents, subcontractors, suppliers, or other persons or entities responsible for performing work on the Project (collectively, the "Contractor Group") that is not in conformance with the construction Contract Documents, if any, prepared by ENGINEER under this Agreement. ENGINEER shall not have responsibility for means, methods, techniques, sequences, and progress of construction of the Contractor Group. In addition, CLIENT agrees that ENGINEER is not responsible for safety at the project site and that safety during construction is for the CLIENT to address in the contract between the CLIENT and contractor. The ENGINEER shall not supervise, direct or have control over the Contractor's work, not have any responsibility for the Contractor's safety precautions or programs in connection with the Work. These rights and responsibilities are solely those of the Contractor in accordance with the Contract Documents. The ENGINEER shall not be responsible for any acts or omissions of the Contractor, subcontractor, any entity performing any portions of the Work, or any agents or employees of any of them. The ENGINEER does not guarantee the performance of the Contractor and shall not be responsible for the Contractor's failure to perform its Work in accordance with the Contract Documents or any applicable laws, codes, rules or regulations. JOBSITE SAFETY Neither the professional activities of the ENGINEER/Surveyor, nor the presence of the ENGINEER's/Surveyor's employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities, including, but not limited to, construction means, methods, sequences, techniques, or procedures necessary for performing, superintending, or coordinating all portions of the work of construction in accordance with the Contract Documents and any health or safety precautions required by any regulatory agencies. The ENGINEER's/Surveyor's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The Owner agrees that the General Contractor is solely responsible for jobsite safety. SHOP DRAWING REVIEW If, as part of this Agreement ENGINEER reviews and approves contractor submittals, such as shop drawings, product data, samples and other data, as required by ENGINEER, these reviews and approvals shall be only for the limited purpose of checking for conformance with the design concept and the information expressed in the contract documents. This review shall not include review of the accuracy or completeness of details, such as quantities, dimensions, weights or gauges, fabrication processes, construction means or methods, coordination of the work with other trades or construction safety precautions, all of which are the sole responsibility of the contractor. ENGINEER's review shall be conducted with reasonable promptness while allowing sufficient time in ENGINEER's judgment to permit adequate review. Review of a specific item shall not indicate that Engineer has reviewed the entire assembly of which the item is a component. Engineer shall not be responsible for any deviations from the contract documents not brought to the attention of Engineer in writing by the contractor. Engineer shall not be required to review partial submissions or those for which submissions of correlated items have not been received. OPINIONS OF PROBABLE COST If, as part of this Agreement ENGINEER is providing opinions of probable construction cost, the CLIENT understands that ENGINEER has no control over costs or the price of labor, equipment or materials, or over the contractor's method of pricing, and that ENGINEER's opinions of probable construction costs are to be made on the basis of ENGINEER's qualifications and experience. ENGINEER makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs. CONSTRUCTION OBSERVATION If, as part of this Agreement ENGINEER is providing construction observation services, ENGINEER shall visit the project at appropriate intervals during construction to become generally familiar with the progress and quality of the contractors' work and to determine if the work is proceeding in general accordance with the Contract Documents. Unless otherwise specified in the Agreement, the CLIENT has not retained ENGINEER to make detailed inspections or to provide exhaustive or continuous project review and observation services. ENGINEER does not guarantee the performance of, and CLIENT hereby agrees that ENGINEER shall have no responsibility for, the acts or omissions of the Contractor Group or any other person or entity furnishing materials or performing any work on the Project (other than www.cgaconsullltaInts.con P 4 Page 214 of 231 ENGINEER and its subconsultants). ENGINEER shall advise the CLIENT if ENGINEER observes that the contractor is not performing in general conformance of Contract Documents. CLIENT shall determine if work of contractor should be stopped to resolve any problems. If the Owner desires more extensive project observation or fulltime project representation, the Owner shall request that such services be provided by the ENGINEER as Additional Services in accordance with the terms of this Agreement. OTHER SERVICES The CLIENT may direct ENGINEER to provide other services including, but not limited to, any additional services identified in ENGINEER's proposal. If ENGINEER agrees to provide these services, then the schedule shall be reasonably adjusted to allow ENGINEER to provide these services. Compensation for such services shall be at ENGINEER's Standard Hourly Fee Schedule in effect at the time the work is performed unless there is a written Amendment To Agreement that contains an alternative compensation provision. OWNERSHIP & REUSE OF INSTRUMENTS OF SERVICE All drawings, reports, plans, specifications, field data and notes and other documents, including all documents on electronic media, prepared by ENGINEER as instruments of service (the "ENGINEER Deliverables") shall remain the property of ENGINEER and ENGINEER shall retain title in the ENGINEER Deliverables. ENGINEER grants to CLIENT a limited non-exclusive license to use the ENGINEER Deliverables for the construction and operation of the Project (the "Specified Purpose"). All other uses of the ENGINEER Deliverables by CLIENT Group are prohibited, including, without limitation, reuse of the ENGINEER Deliverables, use of the ENGINEER Deliverables for the expansion or modification of the Project, or for use on other projects. Except in connection with a Specified Purpose and then only to those persons or entities necessary, CLIENT shall not disclose, market or distribute ENGINEER Deliverables to third parties. The CLIENT agrees, to the fullest extent permitted by law, to defend, indemnify and hold ENGINEER Group harmless from any and all claims, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees, experts' fees and any other legal costs), or any other costs, expenses or damages of any nature whatsoever arising out of, resulting from or in any way related to the use by CLIENT or any other person or entity of any ENGINEER Deliverable for any purpose other than the Specified Purpose. CERTIFICATE OF MERIT The Owner shall make no claim (whether directly, in the form of a third -party claim, or for indemnity) against the ENGINEER unless the Owner shall have first provided the ENGINEER with a written certification executed by an independent ENGINEER/Surveyor licensed in Iowa to practice in the same discipline as the ENGINEER/Surveyor specifying those acts or omissions which the certifier contends constitutes a violation of the standard of care expected of an ENGINEER/Surveyor performing professional services under similar circumstances and upon which the claim will be premised. Such certification shall be provided to the ENGINEER/Surveyor thirty (30) days prior to the presentation of, and shall be a precondition to any such claim or the institution of, any arbitration or judicial proceeding. DISPUTE RESOLUTION If a dispute arises between ENGINEER and CLIENT, the executives of the parties having authority to resolve the dispute shall meet within thirty (30) days of the notification of the dispute to resolve the dispute. If the dispute is not resolved within such thirty (30) day time period, CLIENT and ENGINEER agree to submit to non-binding mediation prior to the commencement of any litigation. Any costs incurred directly for a mediator, shall be shared equally between the parties involved in the mediation. EXCUSABLE EVENTS ENGINEER shall not be responsible for any event or circumstance that is beyond the reasonable control of ENGINEER that has a demonstrable and adverse effect on ENGINEER's ability to perform its obligations under this Agreement or ENGINEER's cost and expense of performing its obligations under this Agreement (an "Excusable Event"). When an Excusable Event occurs, the CLIENT agrees Engineer is not responsible for damages, nor shall ENGINEER be deemed to be in default of this Agreement, and ENGINEER shall be entitled to a change order to equitably adjust for ENGINEER's increased time and/or cost to perform its services due to the Excusable Event. LIMITATION OF LIABILITY; WAIVER OF CONSEQUENTIAL DAMAGES In recognition of the relative risks and benefits of the Project to both CLIENT and ENGINEER, the risks have been allocated such that CLIENT agrees, to the fullest extent of the law, to limit the liability of Engineer and its officers, directors, equityholders, employees, agents, subconsultants, and affiliated companies (collectively, the "ENGINEER Group") to the CLIENT and any person or entity claiming by or through the CLIENT, for any and all claims, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees, experts' fees and any other legal costs), or any other cost, expense or damage of any nature whatsoever resulting in any way related to the Project or Agreement from any cause or causes to an amount that shall not exceed the compensation received by ENGINEER under the agreement or fifty thousand dollars ($50,000), whichever is greater. The parties intend that this limitation of liability apply to any and all liability or cause of action, claim, theory of recovery, or remedy however alleged or arising, including negligence for professional acts, errors or omissions, strict liability, breach of contract, expressed or implied warranty, contribution, expressed indemnity, implied contractual indemnity, equitable indemnity, tort and all other claims. Except for the limitation of liability above, the CLIENT waives any claim or cause of action against the ENGINEER Group arising from or in connection with the performance of services for the Project or this Agreement. The ENGINEER Group shall not be liable to the CLIENT for consequential, special, exemplary, punitive, indirect or incidental losses or damages, including loss of use, loss of product, cost of capital, loss of goodwill, lost revenues or loss of profit, interruption of business, down time costs, loss of data, cost of cover, or governmental penalties or fines and CLIENT hereby releases the ENGINEER Group from any such liability. www..cgaconsulltants.con p Page 215 of 231 INDEMNIFICATION Subject to the limitation of liability above, ENGINEER agrees to the fullest extent permitted by law, to indemnify and hold harmless the CLIENT against all claims, damages, liabilities, losses or costs, including reasonable attorneys' fees and defense costs, or costs of any nature whatsoever to the extent caused by ENGINEER's negligent performance of service under this Agreement and that of its officers, directors, equityholders, and employees. The CLIENT agrees to the fullest extent permitted by law, to indemnify and hold harmless ENGINEER Group against all claims, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees, experts' fees and any other legal costs), or any other cost, expense or damage of any nature whatsoever to the extent caused by the acts or omissions of CLIENT and its affiliated companies, officers, directors, equityholders, employees, agents, contractors, subcontractors, engineers, designers, and consultants (other than ENGINEER) (collectively, the "CLIENT Group") in connection with this Project. ASSIGNMENT Neither party to this Agreement shall transfer, sublet or assign any rights or delegate any duties under or interest in this Agreement (including but not limited to monies that are due or monies that may be due) without the prior written consent of the other party. Any such assignment or delegation not in accordance with the terms of this Agreement shall be null and void. SEVERABILITY, SURVIVAL AND WAIVER Any provision of this Agreement later held to be unenforceable for any reason shall be deemed void, and all remaining provisions shall continue in full force and effect. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between the CLIENT and ENGINEER shall survive the completion of the services hereunder and the termination of this Agreement. The failure of a party to insist upon strict compliance of any term hereof shall not constitute a waiver by that party of its rights to insist upon strict compliance at a subsequent date. GOVERNING LAW; JURISDICTION AND VENUE This Agreement and all matters arising under or in connection with this Agreement shall be governed by, construed and interpreted pursuant to the laws in the state of the locale of ENGINEER's address written in this Agreement without regard to conflicts of law principles. In any suit relating to this Agreement, CLIENT and EJNGINEER unconditionally and voluntarily consent to be subject to the exclusive jurisdiction of the state or federal courts sitting in Iowa and hereby waive any objections to venue lying therein. Each of the parties hereby consents to service of process anywhere in the world. EQUAL EMPLOYMENT OPPORTUNITY It is the policy of ENGINEER to provide equal employment opportunities for all. ENGINEER will not discriminate against any employee or applicant because of race, color, religion, sex, marital status, national origin, age, ancestry, veteran status, physical or mental handicap, unless related to performance of the job with or without accommodation. COMPLETE AGREEMENT This Agreement constitutes the entire and integrated agreement between the CLIENT and ENGINEER and supersedes all prior or contemporaneous negotiations, representations and agreements, whether oral or written. If the CLIENT issues a Purchase Order of which this Agreement becomes a part, the terms of this Agreement shall take precedence in the event of a conflict of terms. Any amendments, changes or alterations to this Agreement shall only be binding if reduced to writing and signed by both parties. SIGNATURES This Agreement may be executed in several counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same agreement. Original, facsimile, or electronic signatures by the parties are deemed acceptable for binding the parties to the Agreement. NOTICES All formal notices requests, demands, and other communications required under this Agreement shall be in writing and shall be hand delivered to the party or mailed by overnight registered or certified mail, postage prepaid, return receipt requested, to the address of the respective party set forth in this Agreement and to the attention of the respective person signing this Agreement on behalf of the party. The date of hand delivery or the date of mailing in accordance with the foregoing sentence shall be deemed to be the date of delivery of any such notice. www..cgaconsulltants.con p Page 216 of 231 Professioal Services Agree e If you are in agreement with the proposal presented, please authorize the execution of this proposal as the Professional Services Agreement in the indicated position below. Please retain one copy for your files and return the other to this office. Electronic submittals are also acceptable. Please let me know if you have any questions. Please contact me at 641-752-6701, or adaters@cgainsulltaintscorn if you have any questions. Sincerely, CLAPSADDLE-GARBER ASSOCIATES, INC. Adam Daters, PE Senior Project Manager Matt Garber, PE/PLS President/CEO 1 Services Agreee t Aetth r zotio Authorized By: Date: Title: www.cgaconsulltants.com Page ® 7 Page 217 of 231 Attaaclhmc'lnt 'A iflll II b r ulipi�E�V,�IIIIIIIIIIIIIIIIIII uuuu Ir'iI III"'I�I���IIVNIIIIIIIIIIIIIIIIIIIII,I� „ ,rl4�m� (;''4' 1II 1,l�i!I� � i ll11iiiiiii iiiiiigg,,, IIII�III 61' I"q"IIO^I Vu�� N'A'MN'N� ��NI VIVI I,I,I,�I,II'jjllllllllllllll .....,»»»1111111„ 111111111111111111111 11,11 111111 poll. 1111111V111 11111 A4 Page 218 of 231 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Strand Associates, of Madison, Wisconsin, in the amount of $80,000 to provide design services for the Preliminary Design Bio -Gas Project, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 4/22/2019 Prepared: 4/17/2019 REVIEWERS: Department Waste Marla'7eILn Clerk t) fBpice Reviewer rnt i loart2pareellcea' S Even, i.,eAnn ATTACHMENTS: Description D Memo to \a.rt S uppleu:rrentaal SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Action ven Approved Apppr:"oved. 111. yor and t: ity (7ouu':rrcii A. 13 l0 -1.,p1 h i-, V O p ua at'ir(,r1Ea_ Type Cover: Mer:no l.3aackui. r .T\4ateriaa.i Date 4/1 7/2,019 i 1:47 A. M 4/17/2019 .... i 2:02 P M Resolution approving a Professional Services Agreement with Strand Associates, of Madison, Wisconsin, in the amount of $80,000 to provide design services for the Preliminary Design Bio -Gas Project, and authorize the Mayor and City Clerk to execute said document. Submitted By: Steve Hoambrecker, Waste Management Services Director Approve resolution $80,000 Sewer Fund Page 219 of 231 April 17, 2019 ��� OF ��^� � l� WATERLOO IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave ^ Waterloo, IA 50702 ^ (319) 281-4553 Steve Hoambrecker, Director Memo to Waterloo Mayor and City Council: RE: Engineering Contract Strand, Preliminary design biogas project Project background aMd discussion The bio -gas being generated at the WWTP anaerobic digesters has been used in dual purpose boilers to heat the biosoIids being anaerobically digested. The residual has been flared. The bio -gas being generated in the city's anaerobic lagoon complex primarily used to treat generated wastes from Tyson had a contract with Planenergy to partially treat to be used in Tyson's dual fuel boiler system. Due to economic conditions, Planenergy ceased operations. Over the past several years a new market has developed converting such bio -gas into Pipeline Quality gas. This involves some relatively Iarge capital investment with a potentially Iarge revenue stream. In October 2017, the City entered into an agreement with Strand Associates to evaluate options for potential improved utilization of the biogas generated at the lagoon, estimated associated capital and operating costs and their sub consultant Ecoengineers to assist in revenue projections and markets for biogas being generated, The report received in ApriI 2018, identified projected construction and revenue projections to produce Pipeline quality NG, It was decided that a more n -depth revenue analysis was needed before recommending implementation. To conduct the study the city entered into a contract with Ecoengineers in September 2018 to evaluate revenue options for both the lagoon and WWTP generated biogas. A presentation of the sumrnary recommendations was presented to the city council on April 8, 2019. The discussion illustrated the various financial options for each source of bio -gas. The main objective involves deciding a market strategy that the city can accept. The current markets illustrate that the projected revenue will generate nearly double the anticipated debt and operated costs, It is not certain how long those markets wil continue. It was decided that the targeted solution and recommendation should be Break-even PIus. Based upon the current project knowledge, it was recommended to obtain a long term contract for the lagoon bio -gas to obtain Break-even $$ and use the biogas generated from the WWTP to be Plus $$. Recommendation The concluding recommendation from the study was to the complete a 1045% design phase of the project to better confirm an estimated project construction costs as the current values are preliminary estimates. Based upon the revised estimate, a final Go No -Go decision can be made. A Professional Services Agreement is on the agenda with Strand Associates in the amount of $80,000 to complete this preliminary design. It is anticipated to take 3-4 months. Following the revised cost estimate, a final recommendation for revenue predictions and potential long term contract would need to be made. Page 220 of 231 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. • Waterloo, IA 50702 • (319) 291-4553 Steve Hoambrecker, Director April 17, 2019 Memo to Waterloo Mayor and City Council: RE: Supplemental Info, Bio -gas Evaluation There are 5 various scenarios or options regarding Bio -gas cost analysis 1. WWTP Biogas only 2. Lagoon Biogas only, does include needed facility improvements 3. Lagoon Biogas only with improvement to accept additional wastes 4. Combine WWTP and Lagoon only facility improvements 5. Combine WWTP and Lagoon with improvement to accept additional wastes The following evaluation discusses various options for utilizing bio -gas currently generated into Pipeline quality gas. The above 5 options are discussed in detail, however: it is felt that the decision must consider the "do nothing option" discussed before the 5 options and the alternative following the 5 proposed options. Do nothing Option The lagoon cover needs repaired, the accumulation of grease (top) and bio -solids (bottom) needs removed. The projected cost to implement these improvements is $2,900,000. At some point these improvements will need to be made. Based upon similar cost information the associated debt service and ongoing O&M costs would be an estimated $202,000. This additional cost is included in all of the lagoon improvement options. Within these 5 scenarios, the following illustrates various financial information: Various Options outlined above Expected gas Production ccf/day Projected Cost Annual Debt Operational $$ Total Annual Operating $$ Revenue Range Net Profit range Projected Net Profit 1 250,000 $6,700,000 ($410,000) ($655,000) ($1,065,000) $1,100 -1,715K $35-650K $335K 2 800,000 $14,440,000 ($883,000) ($630,000) ($1,513,000) $2,045K $709K $709K Discussion of the options: Option 1— Process Bio -gas only from WWTP Least cost, 6,7000,000 3 1,000,000 $16,340,000 ($999,000) ($630,000) ($1,629,000) $2,556K $927K $927K 4 1,050,000 $21,140,000 ($1,293,000) ($1,285,000) ($2,401,000) $3,145-3,445K $744-1,359K $867K 5 1,250,000 $23,040,000 ($1,409,000) ($1,285,000) ($2,694,000) $3,656-3,760K $962-1,577K $1,262K Page 221 of 231 Much less gas production Market Value of bio -gas (D3), 3 X greater than the Market value of Lagoon Borderline profitable on the downside of the market, great revenue when high Option 2 — Lagoon only, does include needed site improvements Expensive capital cost, $14,440,000 Much greater gas production Market Value of bio -gas (D1) 3X less than WWTP Profitable if can obtain long term contract Option 3 Lagoon only, with improvements to accept additional waste Increases capital cost, $16,340,000 Major increase in additional gas production Continue to obtain long term revenue value Option 4 Implement both WWTP and Lagoon projects, no additional wastes Capital costs to $18,240,000 Revenue also increases Use lagoon biogas for long term contract and WWTP to play market Option 5 Implement both WWTP and Lagoon projects, with additional wastes Capital costs to $23,040,000 Revenue greatly increase with outside wastes Use lagoon biogas for long term contract and WWTP to play market Alternative option If the city does not desire to spent the capital costs to reap the upside of expected revenue, consideration of having a 3rd party invest in the major capital expense with arrangements to reap 5-10% of the total revenue should be considered. Page 222 of 231 CITY OF WATERLOO Council Communication Motion to approve Change Order No.1 in the amount of $6,465, to Cardinal Construction, of Waterloo, Iowa, in conjunction with the Riverfront Stadium Group Seating Project. City Council Meeting: 4/22/2019 Prepared: 4/17/2019 REVIEWERS: Department Reviewer 1,eisure Services: LeAnn Action Date Approved 4/17/2019 .... a :45 A.M Appp:rnved 44/1.7/201) 11.5i AM ATTACHMENTS: Description Type D Change On Qi t`u rut Group Sean unt> (.`ove Mer Submitted by: Recommended Action: Expenditure Required: Source of Funds: Background Information: Submitted By: Travis Nichols, Facilities/Project Manager Approve Change Order #1 in the amount of $6,465.00 to Cardinal Construction of Waterloo, Iowa, in conjunction with the Riverfront Stadium Group Seating Project $6,465.00 Cedar Rapids Ball Club $75,600.00 G.O. Bonds $35,000.00 Project Budget $110,600.00 Funding for this project is a 70/30 split between Cedar Rapids Ball Club and the City of Waterloo. Change Order #1 covers cost of additional concrete pads for food and beverage service areas near new group seating location. Original Bid: $80,300.00 Change Order 1: $6,465.00 Total: $86,765.00 This project supports the Strategic Plan Strategy 4.5: Maintain and develop community services and city facilities that support quality of place. Page 223 of 231 "AIA�% Document G7OITM - 2017 Change Order PROJECT: (Name and address) 18091 Riverfront Stadium Group Seating Boxes 850 Park Road Waterloo, IA 50703 OWNER: (Name and address) City of Waterloo 715 Mulberry Street Waterloo, IA 50701 CONTRACT INFORMATION: Contract For: General Construction Date: January 14, 2019 ARCHITECT: (Name and address) INVISION Architecture, LTD 501 Sycamore #101 PO Box 1800 Waterloo, IA 50704-1800 CHANGE ORDER INFORMATION: Change Order Number: 001 Date: April 10, 2019 CONTRACTOR: (Name and address) Cardinal Construction Inc. 800 Waterloo Building Waterloo, IA 50701 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable, attach or reference specific exhibits. Also include agreed upon adjustments attributable to executed Construction Change Directives) 1. PR 01 dated 4.9.19 - Additional concrete patios for beer stands ADD $6,465.00 The original Contract Sum was The net change by previously authorized Change Orders The Contract Sum prior to this Change Order was The Contract Sum will be increased by this Change Order in the amount of The new Contract Sum including this Change Order will be The Contract Time will be increased by Zero (0) days. The new date of Substantial Completion will be unchanged. $ 80,300.00 $ 0.00 $ 80,300.00 $ 6,465,00 $ 86,765.00 NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. INVISION Architecture, LTD ARCHITECT F m name) riOr i 1 r SIGNAL URE Cardinal Construction Inc. CONTRACT OR (Fir,,, name) Michael Broshar, FAIA, Partner PRINTED NAME AND TITLE 4/10/2019 DATE City of Waterloo OWNER (Firm name) SIGNATURE \ SIGNATURE Jon Mixdorf, CEO PRINTED NAME AND TITLE April 11, 2019 DATE PRINTED NAME AND TITLE DATE AIA Document G701," — 2017. Copyright © 1979, 1987, 2000 , 2001 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:31:22 ET on 04/10/2019 under Order No. 2215063383 which expires on 06/27/2019, and is not for resale. User Notes: (3B9ADA3C) Page 224 of 231 1 CITY OF WATERLOO Council Communication Community Development Board meeting minutes of March 2019. City Council Meeting: 4/22/2019 Prepared: 4/17/2019 REVIEWERS: Department Reviewer Action Date Community Devi iopn el t i;v n, D.,eAnn Approved 4/17/201 a.) ... Ci :48 AM ATTACHMENTS: Description t.:iaonnuunnunity D:;evc0olr SUBJECT: Submitted by: Recommended Action: Moue in Type Cover IVDenlu Community Development Board meeting minutes of March 2019. Submitted By:Rudy D. Jones, Community Development Director approval Page 225 of 231 MINUTES COMMUNITY DEVELOPMENT BOARD MEETING March 19, 2019 The regular meeting of the Community Development Board was held in the council chambers at City Hall at 715 Mulberry Street, Waterloo, Iowa at 4:00 p.m. on Tuesday, March 19, 2019. Members present: Donald Share, John Chiles, Maxine Tisdale, and Cody Leistikow Members absent: Precious Clark -Muhammad and Angela Weekley Also present: Rudy D. Jones, Community Development Director; Angie Fordyce, Community Development Coordinator; Anita Merfeld, Administrative Secretary; Matt Chesmore, Senior Rehabilitation Specialist; Felicia Smith-Nalls, Neighborhood Service Coordinator; Dr. Jane Bradley, Provost and Vice President of Academic Affairs and Dave Grunklee, Dean of Business and Applied Technologies A. APPROVAL OF THE AGENDA Chairperson John Chiles asked for a motion to approve the agenda. It was moved by Tisdale, and seconded by Share to approve the Agenda. Motion carried. B. APPROVAL OF THE MINUTES FOR THE REGULAR MEETING ON FEBRUARY 19, 2019. Chairperson Chiles requested additions or corrections to the minutes for the regular meeting February 19, 2019. There were none. It was moved by Tisdale, and seconded by Leistikow to approve the minutes of the regular meeting February 19, 2019 as presented. Motion carried. C. OLD BUSINESS 1. Staff Updates and Training The process to rehire an Intake Specialist and Project Specialist has been initiated and the new jobs will be posted shortly. D. NEW BUSINESS 1. Hawkeye Community College Dr. Jane Bradley and Dave Grunklee discussed the Sustainable Construction and Design Course and discussed the construction of the new home at 219 Newell. Hawkeye has not determined how they will find an owner for the new home. Hawkeye Community College staff hopes that the partnership that they have with the City of Waterloo continues with several other projects like this. 2. Endorse Contracts for February 2019 Jones briefly touched on the change order from 621 Peek Street in the amount of $650 that needed the board's concurrence at the previous meeting. It was moved by Tisdale, and seconded by Share to approve the contracts for February 2019. Motion carried. 3. Neighborhood Services Report Ms. Nalls shared some of the events and news of the neighborhood associations which included the Neighborhood Coalition and Block by Block. 4. DC Coalition Trip Jones presented the power point presentation that he will be exhibiting at the Coalition meeting in April at Washington DC. 6. Thank you to Maxine Tisdale Thank you to Maxine for the three terms that she spent on the Community Development Board. Don Share volunteered to be the new board secretary. E. DISCUSSION ITEMS 1. National Community Development Week- April 22-26, 2019 Staff and community partners have been discussing events that would provide the greatest impact and how to use this week to showcase all that Community Development does for the community. Mark your calendars for April 22-26, 2019. 2. WCF Courier Article -Cedar Valley Housing Market Remains Steady 3. Jones discussed the need for policy changes for Community Development's emergency repair program A subcommittee was selected for discussion on this. Jon Chiles, Don Share, Cody Leistikow and Maxine Tisdale volunteered. ADJOURN MEETING Page 226 of 231 Minutes March 19, 2019 Page 2 With no further business it was moved by Tisdale, and seconded by Share to adjourn the meeting. Motion carried. The Chair declared the meeting a oured. Re Board Secretary Page 227 of 231 CITY OF WATERLOO Council Communication Communication from the Waterloo Police Department on the notice of the conclusion of employment for Frank A. Krogh, Police Captain, effective April 5, 2019 with recommendation of approval of payout of $24,007.73 for unused benefits. City Council Meeting: 4/22/2019 Prepared: REVIEWERS: Department Reviewer Action Date iprmlan Resotree i)nun::, Lance Approved 44/p7/2019.... 1:5 PM Clerk () p'Bpic,Lby 'Nancy A pap wvccd. 4/17/2019 .. 3:11 P M ATTACHMENTS: Description SUBJECT: Type Communication from the Waterloo Police Department on the notice of the conclusion of employment for Frank A. Krogh, Police Captain, effective April 5, 2019 with recommendation of approval of payout of $24,007.73 for unused benefits. Submitted by: Submitted By: Page 228 of 231 CITY OF WATERLOO, IOWA To: City Council Members Re: Notice of Severance CITY HALL 715 MULBERRY STREET 50703 Department POLICE Today's Date: 4/8/2019 Effective Date: 4/5/2019 Employment Date: 10/2/1989 Job Title/Classification Captain This is to report that the employment of Frank A. Krogh with the City of Waterloo has been severed by reason of: • Retired Disability Related 0 No 0 Yes Li Resigned • Termination O Other In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Total Hours (x) Hourly Rate Total Payout Vacation -Accrued 62.50 $50.81 $ 3,175.63 Vacation -Current 336.00 $50,81 $ 17,072.16 Usable Sick Leave 72.00 $50.81 (x) 25% 914.58 Frozen Sick Leave 0.00 $50.81 (x) _% - Personal Hours 48.00 $50.81 2,438.88 Sick Time Pay 0.00 $50.81 - Unscheduled Leave 0.00 $50.81 - Other Pay 8.00 $50.81 406.48 Total Payment Comments: Other Pay is Birthday $ 24,007.73 Human Reso ttes Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward approved form to Department Council Agenda Date: 0 AS/400 Status/Accruals 0 1.9 Date C)C4 S Date IA '01 Page 229 of 231 CITY OF WATERLOO Council Communication Communication from the Waterloo Public Library on the notice of the conclusion of employment for Gabrielle M. Shirley, 29 -hr Library Assistant, effective March 31, 2019 with recommendation of approval of payout of $195.05 for unused benefits. City Council Meeting: 4/22/2019 Prepared: REVIEWERS: Department Reviewer Action Date ipraman Resotrees i)nun::, Lance Approved 44/p"7/2019.... 1:5 PM Clerk O) p'Bpic,Lby 'Nancy A pap wvccd. 4/17/2019 .. 3:11 P M ATTACHMENTS: Description Type SUBJECT: Communication from the Waterloo Public Library on the notice of the conclusion of employment for Gabrielle M. Shirley, 29 -hr Library Assistant, effective March 31, 2019 with recommendation of approval of payout of $195.05 for unused benefits. Submitted by: Submitted By: Page 230 of 231 CITY OF WATERLOO, IOWA To: City Council Members Re: Notice of Severance CITY HALL 715 MULBERRY STREET 50703 Department Library Today's Date: 4/1/2019 Effective Date: 3/31/2019 Employment Date: Job Title/Classification 29 -hr Library Assistant 5/14/2018 This is to report that the employment of Gabrielle M. Shirley with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related ❑ No ❑ Yes El Resigned 0 Termination El Other In accordance with City Policy, it is requested to allow payment which consists of the following: (xx Hourly Pate Total Payout $ 23.22 :$ 613,01 $ (x) 25% $ - (x) 60%$ $ .., $ $ 23.22 $ (417.96) Comments: No casual .a -out on accrued• na -out; 0 Total Payment195.05 in current sick and bank. owes 18 hours of unearned, but used, sick leave for a total of $417.96 Approved by Human Resource Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources NV Council Agenda Date: ❑ Accruals ❑Status ❑-9 Date 4/11/2019 Date L kg 1(1'l Updated 6/28/11 Page 231 of 231