HomeMy WebLinkAboutWaterloo DDevelopment Corporation - Project Funding Agreement - 5/20/2019Please return this copy to:
City Clerk & Finance Dept.
715 Mulberry 5t.
Waterloo, IA 50703
PROJECT FUNDING AGREEMENT
This Project Funding Agreement (the "Agreement") is entered into effective as of May p,p
2019 by and between Waterloo Development Corporation ("WDC") and the City of Waterloo,
Iowa ("City").
RECITALS
A. WDC and City have worked together, and intend to continue working together, on a
project to make certain enhancements to the proposed Cedar River Marina District
(the "Project"). In connection with undertaking the Project, the City will enter into
certain contracts for conceptual and preliminary design services and related services
of the Cedar River Marina District.
B. The parties desire to enter this Agreement to express their continued desire to work
together for advancement of the Project on the terms set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises exchanged herein, and for
other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
1. WDC Responsibility. The City has a professional services agreement with
AECOM for the conceptual and preliminary design services for the area of the Cedar River
Marina Diotiict that the City is to administer. The Waterloo Development Corporation will
reimburse the City 100% of the costs for the design using funds allocated to it from the Black
Hawk County Gaming Association up to $127,500 per the Professional Services Agreement with
AECOM. The WDC will comply with all other laws or regulations which may apply to its
activities in carrying out the Project; and will comply with all terms, covenants, and conditions
of the Purchase Contracts. WDC agrees to cooperate with the City in good faith on all future
decisions regarding Project design and specifications and to consult with City from time to time
regarding Project status. The WDC will oversee all Project activities, will review and approve
all requests for payment from Project contractors, consultants, or others. Within thirty (30) days
of receipt of any payment request that it receives from the City, certifying that the City has made
disbursements for payment of the Design Contracts in an amount at least equal to the request,
WDC will remit payment to the City in the amount requested, provided that cumulative
payments made to the City in connection with the Design Contracts shall not, in the aggregate,
exceed the Dedicated Sum.
2. City Responsibility. City agrees to cooperate with WDC in good faith on all
future decisions regarding Project design and specifications and to consult with WDC from time
to time regarding Project status. City agrees to make all payments required under the contract in
timely fashion (subject to any contractual or other rights to audit, protest, or deny payment).
3. Notices. Any notice under this Agreement shall be in writing and shall be
delivered in person or by United States registered or certified mail, postage prepaid and
addressed:
WDC
Waterloo Development Corp.
360 Westfield Ave, Ste. 200
Waterloo, Iowa 50701
Attn: Jim Miller
CITY
City of Waterloo, Iowa
715 Mulberry Street
Waterloo, Iowa 50703
Attn: Mayor
Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person,
or (ii) three (3) business days following the date of deposit if mailed by United States registered
or certified mail, postage prepaid.
4. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the
benefit of the parties and their respective successors and assigns. This Agreement is the entire
agreement between the parties pertaining to the subject matter hereof and supersedes all prior
understandings or agreements relating to the subject matter hereof, whether oral or written, and this
Agreement may not be modified except by the mutual written agreement of both parties. Time is
of the essence of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Project Funding Agreement
by their duly authorized representatives as of the date first set forth above.
WATERLOO DEVELOPMENT CITY OF WATERLOO, IOWA
CORPORATION
By:
By: O&M. ` 1021
Daniel B. Waiters, President Quentin Hart, Mayor
Attest:
2
elley Fele 41] , City Clerk