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Council Packet - 12/16/2019
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, December 16, 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 Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City 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 255 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Bruce Jacobs, Ward 2 Council Member Agenda, as proposed or amended. Minutes of December 9, 2019, Regular Session, as proposed. Waterloo Fire Rescue Civilian Commendation for Steppin Field 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. 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. Cancellation of assessments for properties listed on Exhibit A, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By: Kelley Felchle, City Clerk 3. Resolution approving preliminary specifications, bid documents, etc., setting date of bid opening as January 9, 2020 and date of public hearing as January 13, 2020, for the purchase of one (1) 2020 4 WD, 3/4 ton, crew cab pickup truck for the Waterloo Fire Rescue, and instruct City Clerk to publish said notice. Submitted By: Randy Bennett, Public Works Division Manager 4. Resolution approving preliminary specifications, bid documents, etc., setting date of bid opening as January 9, 2020 and date of public hearing as January 13, 2020, for the purchase of one (1) 2020 or newer backhoe with 4-wheel drive for the Sewer Department, and instruct City Clerk to publish said notice. Submitted By: Randy Bennett, Public Works Division Manager 5. Resolution approving preliminary plans, specifications, bid documents, etc., setting date of bid opening as January 23, 2020 and date of public hearing as January 27, 2020, in conjunction with the 2020 Wastewater Treatment Plant Biosolids Modifications, Contract No. 994, and instruct City Clerk to publish said notice. Page 2 of 255 Submitted By: Brian Bowman, Assistant Waste Water Director 6. Resolution setting date of public hearing as December 30, 2019 to vacate, sell and convey a portion of City right-of-way, with the retention of a utility easement, located at the northwest corner of Falls Avenue and Stephan Avenue, to PWS Holdings 19 IA, LLC, in the amount of $1.00, and approving a Development Agreement and Minimum Assessment Agreement for the construction of a new commercial building, and authorize the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 7. Resolution setting a date of public hearing as December 30, 2019, to approve a Hangar and Ground Site Lease Agreement with Osprey Aviation, LLC, for property located east of 2790 Livingston Lane, in the amount of $365.15 per month, for a term ending December 31, 2059, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. Sgt. Hoelscher Class/Meeting: FAA Drone Testing Destination: Waterloo, IA Dates: 12/5/2019 Amount not to exceed: $160 2. LIQUOR LICENSES a. King Star, 2035 E. Mitchell Avenue Class: B Native Wine / C Beer Renewal Application Includes Sunday Expiration Date: 1/19/2021 b. Single Speed Brewing Company, 325 Commercial Street Class: C Liquor w/Outdoor Service / Brew Club Renewal Application Includes Sunday Expiration Date: 12/31/2020 3. APPOINTMENTS a. Steven Carignan Board/Commission: Cultural and Arts Commission Expiration Date: December 31, 2022 Re -Appointment b. Doug Castenson Board/Commission: Cultural and Arts Commission Expiration Date: December 31, 2022 Re -Appointment c. Cheryl Banks Ferguson Board/Commission: Cultural and Arts Commission Page 3 of 255 Expiration Date: December 31, 2022 Re -Appointment d. April Leadley Board/Commission: Board of Adjustment Expiration Date: December 8, 2024 Re -Appointment PUBLIC HEARINGS 2. Request by the City of Waterloo to vacate 7,445 square feet of Airline Highway adjacent to 3070 West Airline Highway. 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, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an ordinance approving a request by the City of Waterloo to vacate 7,445 square feet of Street right-of-way adjacent to 3070 West Airline Highway, subject to an easement for utilities being maintained over, under, and upon the vacated area. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By: Noel Anderson, Community Planning and Development Director 3. FY 2020 Virden Creek Levee Improvements, Contract No. 947. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 4. Purchase of two (2) 2020 Fairway Mowers. Motion to receive and file proof of publication and notice of public hearing. HOLD HEARING - No Comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid documents, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids. Resolution awarding bid to TurfWerks of Johnston, Iowa, in the amount of $79,498, and authorizing the Mayor to execute said documents. Submitted By: JB Bolger, Golf and Downtown Area Maintenance Manager 5. Leisure Services 2020 Request for Facility Services. Motion to receive and file proof of publication and notice of public hearing. HOLD HEARING- No Comments on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid documents, form of contract etc. Resolution Authorizing to proceed. Page 4 of 255 Motion to receive and file and instruct City Clerk to read bids. Resolution awarding contract to Unifirst of Grundy Center, Iowa, and authorizing the Mayor to execute said document. Submitted By: JB Bolger, Golf and Downtown Area Maintenance Manager RESOLUTIONS 6. Resolution approving a City of Waterloo Merit Pay and Performance Evaluation Policy. Submitted By: Lance Dunn, Human Resources Director and Kelley Felchle, City Clerk 7. Resolution awarding bid to Bill Colwell Ford of Hudson, Iowa, in the amount of $32,492, for the purchase of one (1) 2020 4WD, 3/4 ton crew cab pickup truck. Submitted By: Randy Bennett, Public Works Division Manager 8. Resolution approving Agreement with the Iowa Department of Transportation for Iowa's Transportation Alternatives Program Funding, in the amount of eighty percent of eligible project costs up to $459,000, with the City paying the balance in conjunction with the FY 2021 Cedar River Marina and Recreational Trail Enhancements, Contract No. 1011, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 9. Resolution approving Agreement with the Iowa Department of Transportation for Iowa's Transportation Alternatives Program Funding, in the amount of eighty percent of eligible project costs up to $474,000 with the City paying the balance, in conjunction with the FY 2021 E. Shaulis Road Trail Extension - Phase II, Contract No. 1012, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Matt Schindle, Associate Engineer 10. Resolution approving the Economic Development Assistance Contract with Warren Transport Inc., of Waterloo, Iowa and the Iowa Economic Development Authority for High Quality Jobs Program -Tax Credit Component incentives, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 11. Resolution approving a Real Estate Purchase Agreement with Hawthorne Properties, in the amount of $95,250 plus up to $5,000 in closing costs, to acquire 725 Glenwood Street and 915 Linden Avenue, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 12. Resolution approving a Professional Services Agreement with Amy Wienands Real Estate for the sale of 219 Newell Street, in an amount not to exceed $4,695, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 13. Resolution concurring with the determination of the City Planner that the proposed change to an approved site plan within the "S-1" Shopping Center District for the installation of eight (8) Supercharging Stations by Tesla Motors, Inc., located at Hy-Vee Grocery Store, 1422 Flammang Drive, is minor and shall be approved as a Minor Site Page 5 of 255 Plan Amendment. Submitted By: Noel Anderson, Community Planning and Development Director ORDINANCES 14. An ordinance amending the City of Waterloo Code of Ordinances by amending various sections of Chapters 1, 2, and 3 of Title 1, Administration. Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances, by repealing the definition of "Gender" in Chapter 1, Official City Code, Section 1-1-2, Rules of Construction, Definitions, and Chapter 2, Municipal Charter and Seal, Section 1-2-2, Municipal Seal, and Chapter 3, General Penalty, Section 1-3-1 General Penalty, and Chapter 3, General Penalty, Section 1-3-2, Municipal Infractions, Subsection E, Administrative Fees, all of Title 1, Administration, in their entirety and enacting in lieu thereof a new definition of "Gender" in Chapter 1, Official City Code, Section 1-1-2, Rules of Construction, Definitions, and Chapter 2 Municipal Charter and Seal, Section 1-2-2 Municipal Seal, and Chapter 3 General Penalty Section 1-3-1 General Penalty, all of Title 1, Administration. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Kelley Felchle, City Clerk OTHER COUNCIL BUSINESS 15. Motion to approve Change Order No. 3, from Boomerang Corporation of Anamosa, Iowa, for a net increase of $10,000, in conjunction with the Waterloo Waste Water Treatment Plant Flow Equalization Facility Overflow Connection to Satellite Project, Contract No. 880, and authorizing the Mayor to execute said document. Submitted By: Brian Bowman, Assistant Waste Water Director 16. Motion to approve Change Order No. 8, from Lodge Construction of Clarksville, Iowa, for a net increase of $7,490, in conjunction with the Waterloo Waste Water Treatment Plant 2018 Remedial Actions Phase IIIB, Contract No. 949, and authorizing the Mayor to execute said documents. Submitted By: Brian Bowman, Assistant Waste Water Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:00 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION Page 6 of 255 1. Communication from the Leisure Services Department on the notice of the conclusion of employment for Steve Bearbower, Downtown Area Maintenance Foreman, effective December 16, 2019 with recommendation of approval of payout of $6,323.57 for unused benefits. 2. Communication from the Public Works Sanitation Department on the notice of the conclusion of employment for Samuel Barrett, Sanitation Operations Supervisor, effective December 6, 2019 with recommendation of approval of payout of $2,951.99 for unused benefits. 3. Civil Service Commission minutes for November 1, 2019. 4. Waterloo Housing Authority Board meeting minutes of November 18, 2019 5. Planning, Programming & Zoning minutes of November 5, 2019. 6. Complete Streets minutes of October 15, 2019. Page 7 of 255 CITY OF WATERLOO Council Communication Minutes of December 9, 2019, Regular Session, as proposed. City Council Meeting: 12/16/2019 Prepared: REVIEWERS: Department Reviewer Action Clerk Office Higby, Nancy Approved ATTACHMENTS: Description Type ❑ Minutes of 12/9/19 Backup Material Submitted by: Submitted By: Date 12/10/2019 - 10:05 AM Page 8 of 255 December 9, 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, December 9, 2019. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Feuss, Klein, Amos, Schmitt, and Juon. Mr. Feuss joined via telephone. Prayer or Moment of Silence. Pledge of Allegiance: Chris Youngblut, Director of Technology 157171 - Schmitt/Amos that the Agenda, as amended, Item 12, to correct title of motion by changing "Change Order No. 1" to "Change Order No. 2" and Item 13, to correct the title of the motion by changing "from AECOM, of Waterloo, Iowa" to "from Lodge Construction of Clarksville, Iowa, for the Regular Session on Monday, December 9, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 157172 - Schmitt/Amos that the Minutes, as proposed, for the Regular Session on Monday, December 2, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Proclamation declaring December 9, 2019 International Human Rights Day Celebration. ORAL PRESENTATIONS Randy Bennett, Public Works Division Manager, clarified that the biosolids project is not part of the consent decree but the Dry Run Creek project is part of the consent decree. Rev. Dr. Mary Robinson, All Nations Community Church, 321 Normandy, commented on the updated 24/7 Wall Street report regarding the living condition of African Americans in Waterloo. She noted that the report stated that Waterloo has moved from number 1 to number 3. She commented on the work that has taken place in the community since the prior report was released. She commented that many groups are working on change but there should be an overarching vision and communication between groups for continuity. Mrs. Juon questioned if efforts were being made to work with the economic inclusion group. Mayor Hart clarified that a larger strategic plan at the county level is being put together. Jim Chapman, 224 Bertch, commented on apartments in the 5th Ward. He stated that he had a note in his mailbox that stated that these apartments rank 14th for service calls. He commented that it would be nice to know where the other areas are that have higher crime rates and what is being done to help with crime at these locations. David Dryer, 3145 W. 4th Street, commented that he sent a communication to all of the council members about the amount of crime at apartments located near Byron Avenue. He stated that the citizens that live in that neighborhood deserve protection and mail service and questioned what the city is doing about this issue. Forest Dillavou, 1725 Huntington Road, commented that a building at 1100 Grant has an unsafe and impassable sidewalk. It is unsafe for children as building materials have fallen off the building onto the sidewalk. He stated that the building is open and unsafe. 811 Grant is another city owned property that is falling apart, unsafe, and the city has done nothing about it. Todd Obadal, 124 Amity Drive, questioned if the city has answers to what year the sanitary main at 8th and Locke was blocked off. He further questioned who drew up the salary severance for former Director Steve Hoambrecker. Mrs. Kline questioned when the property on Grant Street will be demolished. Mayor Hart explained that there is a demolition list and that more monies will need to be budgeted to get through the list sooner. Page 9 of 255 December 9, 2019 Page 2 Mr. Morrissey commented that once per month there is a meeting on dilapidated 657A properties where many such questions can be answered, including budget constraints and prioritization needs. He further commented on the November 2019 Iowa League of Cities Cityscape magazine article on capital improvement plans. He commented that this council seems to be on the outs with determining what projects receive priority while the article states that meetings and work sessions are to be held with city staff and council in order for the council to prioritize projects. Mr. Schmitt questioned if the police department, code enforcement, and building department are placing increased activity and focus on the apartments, and if there is an answer to the questions asked about Mr. Hoambrecker. Mayor Hart commented that the city has done nothing incorrect and that the severance pay was in compliance with the non -bargaining agreement. He also commented that multiple departments are working together to take a closer look to at issues concerning the apartments. Mrs. Kline questioned the cost to demolish a building like the one on Grant. Chris Western, Planning and Zoning, commented that it would cost approximately $68,000 to tear down. Mrs. Kline commented on the $250,000 the city is spending on two spec homes instead of using monies to help the neighborhoods take down blighted properties that are devaluing neighboring home values. She agrees it is a matter of inappropriate prioritization. Mayor Hart commented on staff's effort to obtain these properties and how it is both a blessing and a curse. It is unfortunate there are so many properties needing attention, and he takes exception to the implication that the city of Waterloo is not taking a stance to do everything it can. He further commented on the city's need to continuously manage many different areas, including building homes in another neighborhood. Mrs. Juon commented that she was proud of the city, staff, and Mayor for hosting the Conference of Mayors on Friday, including mayors from Los Angeles and Chicago amongst others, all of who left here very impressed with our community. She further explained that five presidential candidates were interviewed by various mayors and the event showcased our city very well. 157173 - Juon/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 157174 - Juon/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated December 9, 2019, in the amount of $4,300,450.72, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2019-935. 2. Resolution setting date of public hearing as December 30, 2019 on the proposed reallocation of not to exceed $550,000 Unspent Proceeds of the General Obligation Bonds, Series 2016A, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-936. b. Motion to approve the following: Page 10 of 255 December 9, 2019 Page 3 1. 2. a. b. c. d. a. b. c. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Ben Neil, Engineering Technician IDOT recertification Cedar Rapids, IA January 13, 2020 $130 Kelly T. Martin, Housing Rehabilitation Specialist Iowa Lead and Asbestos Safety Course Des Moines, IA January 12- 17, 2019 $2,305 Matt Buenger, Engineering Technician Iowa Department of Transportation Aggregate Technician Certification Cedar Rapids, IA February 3- 6, 2020 $520 Michelle Weidner, Chief Financial Officer 24th Annual Governmental Auditing and Accounting Principals Update Webinar - in office December 17, 2019 $180 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Courtyard by Marriott, 250 Westfield Avenue B Liquor w/Outdoor Service/Catering Renewal 11/19/2020 x Grout Museum, 503 South Street *5 Day* Special Class C Liquor New 12/6/2019 x LJ's Neighborhood Grill & Bar, 3550 Kimball Avenue C Liquor w/Outdoor Service Renewal 11/5/2020 x 3. Motion approving recommendation of appointment of Mindy M. Smith from the civil service list to the position of Intake /Project Specialist, effective December 30, 2019. 4. Cigarette/Tobacco Permit New Application for Casey's General Store #3880, 1900 W. Ridgeway Avenue. 5. Application for Recycling Yard License, Can -Am Auto Salvage, 1041 Sheffield Avenue. 6. Application for Recycling Yard License, Can -Am Auto Salvage, 1117 Sheffield Avenue. Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 157175 - Schmitt/Amos that proof of publication of notice of public hearing on Purchase of one (1) 2020 3/4 Ton, 4WD Crew Cab Truck for the Street Department, as published in the Waterloo Courier on November 29, 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 this is replacing a vehicle and why the city is purchasing a crew cab. Randy Bennett, Public Works Division Manager, explained that this truck is for the pavement preservation program and will tow a crack sealer with compressor and that four employees will ride together to provide this application. 157176 - Schmitt/Amos that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. Page 11 of 255 December 9, 2019 Page 4 157177 - Schmitt/Amos that "Resolution confirming approval of specifications, bid document, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-937. 157178 - Schmitt/Amos that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-938. 157179 - Schmitt/Amos Motion to receive and file and instruct City Clerk to read bids and refer to the Public Works Division Manager for review. Estimate: $36,000 Bidder Bid Amount Bill Colwell Hudson, IA $32,492.00 Rydell of Independence Independence, IA $32,716.00 Voice vote -Ayes: Seven. Motion carried. RESOLUTIONS 157180 - Morrissey/Amos that "Resolution approving a Facility Use Agreement with the Waterloo Rowing Club, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, questioned why the city is only receiving $100 in rent from the rowing club when it invested $852,287 on enhancements. He questioned if the facility is being used and if the use offsets the amount on the enhancements. Paul Huting, Leisure Services Director, commented that the enhancements project is to improve grading at the parking lot and the project was primarily funded by grants. He explained what services the Rowing Club provide for using the facility. Nathan Cooks, President of Waterloo Rowing Club, explained that the organization has had a presence in the Cedar Valley for 40 years. He explained that two to three times per year they hold a Learn to Row event to get new members. Mrs. Juon questioned if the second level of the facility is used for events. Kent Shankle, Cultural and Arts Director, provided an overview of Boathouse rental for public events. Resolution adopted and upon approval by Mayor assigned No. 2019-939. 157181 - Morrissey/Amos that final quantity adjustment for a net increase of $22,582.78, for FY 2018 Waterloo Boathouse Enhancements, Contract No. 940, be received, placed on file and approved. Roll call vote -Ayes: Seven. Motion carried. 157182 - Morrissey/Amos Page 12 of 255 December 9, 2019 Page 5 that "Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Peterson Contractors, Inc., of Reinbeck, Iowa, at a total cost of $852,287.07, in conjunction with the FY 2018 Waterloo Boathouse Enhancements, Contract No. 940", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-940. 157183 - Kline/Amos that "Resolution approving Acceptance of Improvements of Greenbelt Centre Plat No. 3, performed by K. Cunningham Construction Co. Inc., of Cedar Falls, Iowa and Heartland Excavating, LLC, of Jesup, Iowa, and receive and file two-year maintenance bonds", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-941. 157184 - Kline/Amos that "Resolution approving acceptance of Improvements of Greenbelt Centre Plat No. 5, performed by K. Cunningham Construction Co. Inc., of Cedar Falls, Iowa and Heartland Excavating, LLC, of Jesup, Iowa", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-942. 157185 - Amos/Morrissey that "Resolution approving a Permanent Easement Agreement with MidAmerican Energy, to allow for the construction of a two electric vehicle charging stations near the Center for the Arts parking lot at 225 Commercial Street, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. John Sherbon, 1750 Robin Road, questioned if the city has the equipment to protect citizens during accidents with electric cars. Pat Treloar, Fire Chief, explained that all electric cars do pose a few additional difficulties to consider however his department has received training is aware of the standards and are comfortable with their ability to handle any situations. Resolution adopted and upon approval by Mayor assigned No. 2019-943. 157186 - Amos/Morrissey that "Resolution approving the Electric Vehicle Site Host Agreement with MidAmerican Energy Company, to allow for the construction of a two electric vehicle charging stations near the Center for the Arts parking lot at 194 W. 2nd Street, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-944. OTHER COUNCIL BUSINESS 157187 - Juon/Morrissey that denial of Liquor License No. LC0038886, Class C Liquor, Renewal Application for MidTown Development, LLC, DBA SKY, 501 Sycamore Street, expiration date December 14, 2019, be received, placed on file and approved. Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt questioned if an appeal has been filed. Kelley Felchle, City Clerk, explained that the appeals process would take place once the city council would approve the denial. 157188 - Juon/Morrissey Page 13 of 255 December 9, 2019 Page 6 that Change Order No. 1 from D.W. Zinser Company, Walford, Iowa, for a net increase of $6,000, in conjunction with demolition services at 919-925 Commercial Street, be received, placed on file and approved. Roll call vote -Ayes: Seven. Motion carried. 157189 - Morrissey/Amos that Change Order No. 2, from Advanced Environmental Testing and Abatement, Inc., of Waterloo, Iowa, for a net increase of $5,800, in conjunction with Asbestos Abatement Contract No. AB-2019- 04-8P, originally signed on April 8, 2019, to add abatement related services at 328 W. 14th Street, for a total contract amount of $16,400, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. Mr. Jacobs questioned the change order. Chris Western explained that occasionally survey contractors will miss things due to the amount of debris present in some structures. 157190 - Morrissey/Amos that Change Order No. 7 from Lodge Construction of Clarksville, Iowa for a net increase of $24,964, in conjunction with 2018 Remedial Actions Phase IIIB, Contract No. 949, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. Randy Bennett provided an overview of the change order. ADJOURNMENT 157191 - Juon/Amos that the Council adjourn at 6:30 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 14 of 255 CITY OF WATERLOO Council Communication Waterloo Fire Rescue Civilian Commendation for Steppin Field City Council Meeting: 12/16/2019 Prepared: 12/7/2019 REVIEWERS: Department Reviewer Action Date Fire Rescue Treloar, Pat Approved 12/7/2019 - 9:52 AM Clerk Office Higby, Nancy Approved 12/9/2019 - 12:39 PM SUBJECT: Submitted by: Summary Statement: Waterloo Fire Rescue Civilian Commendation for Steppin Field. Submitted By: Pat Treloar, Fire Chief Chief Treloar will present Mr. Steppin Field a commendation from Waterloo Fire Rescue. Mr. Field assisted three children out of building that was on fire. We will present him with plaque. Page 15 of 255 CITY OF WATERLOO Council Communication Cancellation of assessments for properties listed on Exhibit A, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. City Council Meeting: 12/16/2019 Prepared: 12/10/2019 REVIEWERS: Department Reviewer Action Clerk Office Higby, Nancy Approved ATTACHMENTS: Description Type ❑ Exhibit A Backup Material SUBJECT: Date 12/10/2019 - 11:33 AM Cancellation of assessments for properties listed on Exhibit A, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted by: Submitted By: Kelley Felchle, City Clerk Page 16 of 255 EXHIBIT A Parcel Number Address Sewer Storm Garbage Sidewalk Weed Removal Weed Removal 1 8812-18-102-002 3126 E Shaulis Rd $52.88 and $80.31 $12.80 and $30.56 $54.75 and $95.10 2 8913-15-428-007 1224 W Park St $70.46 $15.90 $59.65 3 4 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Council Date: 12.16.19 Page 17 of 255 EXHIBIT A 18. 19. 20. 21. 22. 23. 24. 25. Council Date: 12.16.19 Page 18 of 255 CITY OF WATERLOO Council Communication Resolution approving preliminary specifications, bid documents, etc., setting date of bid opening as January 9, 2020 and date of public hearing as January 13, 2020, for the purchase of one (1) 2020 4 WD, 3/4 ton, crew cab pickup truck for the Waterloo Fire Rescue, and instruct City Clerk to publish said notice. City Council Meeting: 12/16/2019 Prepared: 12/9/2019 REVIEWERS: Department Public Works Department SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Reviewer Higby, Nancy Action Approved Date 12/11/2019 - 11:01 AM Resolution approving preliminary specifications, bid documents, etc., setting date of bid opening as January 9, 2020 and date of public hearing as January 13, 2020, for the purchase of one (1) 2020 4 WD, 3/4 ton, crew cab pickup truck for the Waterloo Fire Rescue, and instruct City Clerk to publish said notice. Submitted By: Randy Bennett, Public Works Division Manager Approve Resolution This truck will replace a 1993 training truck. The frame on the training truck is rusted and cracking. $49,115.00 GO Bond Funding 416-12-1400-2117 Strategy 3.4 and 3.5 - Identify and implement proven cost and resource saving measures and continue to engage with local public partners to identify cost savings, streamline efforts and improve efficiency to City operations and activities. Page 19 of 255 CITY OF WATERLOO Council Communication Resolution approving preliminary specifications, bid documents, etc., setting date of bid opening as January 9, 2020 and date of public hearing as January 13, 2020, for the purchase of one (1) 2020 or newer backhoe with 4-wheel drive for the Sewer Department, and instruct City Clerk to publish said notice. City Council Meeting: 12/16/2019 Prepared: 12/10/2019 REVIEWERS: Department Reviewer Action Public Works Department Higby, Nancy Approved SUBJECT: Date 12/11/2019 - 11:02 AM Resolution approving preliminary specifications, bid documents, etc., setting date of bid opening as January 9, 2020 and date of public hearing as January 13, 2020, for the purchase of one (1) 2020 or newer backhoe with 4-wheel drive for the Sewer Department, and instruct City Clerk to publish said notice. Submitted by: Submitted By: Randy Bennett, Public Works Division Manager Recommended Action: Approve Resolution Summary Statement: Will be replacing a 1999 Backhoe in the Sewer Department. Expenditure Required: $98,809.00 Source of Funds: Policy Issue: Sewer Funds 520-14-5200-2117 Strategy 3.4 and 3.5 - Identify and implement proven cost and resource saving measures and continue to engage with local public partners to identify cost savings, streamline efforts and improve efficiency to City operations and activities. Page 20 of 255 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, bid documents, etc., setting date of bid opening as January 23, 2020 and date of public hearing as January 27, 2020, in conjunction with the 2020 Wastewater Treatment Plant Biosolids Modifications, Contract No. 994, and instruct City Clerk to publish said notice. City Council Meeting: 12/16/2019 Prepared: 12/11/2019 REVIEWERS: Department Reviewer Action Date Waste Management bowman, brian Approved 12/11/2019 - 10:25 AM Clerk Office Higby, Nancy Approved 12/11/2019 - 10:57 AM ATTACHMENTS: Description Type ❑ Notice of Public Hearing Cover Memo ❑ Notice to Bidders Cover Memo SUBJECT: Resolution approving preliminary plans, specifications, bid documents, etc., setting date of bid opening as January 23, 2020 and date of public hearing as January 27, 2020, in conjunction with the 2020 Wastewater Treatment Plant Biosolids Modifications, Contract No. 994, and instruct City Clerk to publish said notice. Submitted by: Submitted By: Brian Bowman, Assistant Waste Water Director Page 21 of 255 NOTICE OF PUBLIC HEARING ON PROPOSED PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE F.Y. 2020 WASTEWATER TREATMENT PLANT BIOSOLIDS MODIFICATIONS IN THE CITY OF WATERLOO, IOWA CITY CONTRACT NO. 994 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 23rd day of January 2020, until 1 P.M. for the construction of the F.Y. 2020 Wastewater Treatment Plant Biosolids Modifications, City Contract No. 994 as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the 23rd day of January 2020, at 1 P.M., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above -described improvement project at 5:30 P.M. on the 27th day of January 2020, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by the City Engineering Department are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. The NOTICE TO BIDDERS can be viewed at the following locations: 1) City of Waterloo web site at http://ci.waterloo.ia.us/ 2) Plan rooms: Master Builders of Iowa 221 Park Street, PO Box 695 Des Moines, IA 50303 McGraw Hill Construction Dodge 3315 Central Ave. Hot Springs, AR 71913 Reed Construction Data 30 Technology Parkway South, Ste. 500 Norcross, GA 30092 NOTICE OF PUBLIC HEARING Section NPH-1 4463.004/City Contract No. 994 Page 22 of 255 3) Plan Room Web sites: Master Builders of Iowa web site at www.mbionline.com Dodge Lead web site: http://dodgeprojects.construction.com/ Reed Const. Data Lead web site: http://www.cmdgroup.com/project-leads/ SCOPE OF WORK The work shall include the following items: 1. This project is an upgrade to the biosolids processes at the City of Waterloo Wastewater Treatment Plant. This Work includes construction of a new centrate equalization tank; construction of new biosolids truck loading bays; construction of a new chemical storage building; modifications to existing tanks for waste activated sludge (WAS) and primary sludge storage; installation of new WAS pumps; installation of new primary sludge pumps; installation of new WAS storage blowers; installation of new WAS transfer pumps; installation of aeration piping and diffused air mixing system for WAS storage; installation of new gravity belt thickener (GBT) polymer systems; installation of new thickened WAS (TWAS) pumps; installation of new digester feed pumps and macerators; installation of new blended sludge tank mixers; installation of new chemical storage tanks and feed equipment; installation of new hot water boilers; installation of new biosolids dewatering feed pumps; installation of new dewatering centrifuges, installation of new shaftless screw conveyor system; installation of new dewatering polymer tanks and feed systems; installation of new centrate mixers and pumps; installation of new doors on several process buildings; miscellaneous site grading, piping, landscaping and paving work; heating ventilation and air condition work; interior process, plumbing and fire protection piping and appurtenances; interior painting and finishing work; electrical and controls work; and demolition work. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the day of CITY OF WATERLOO, IOWA BY: City Clerk END OF SECTION NOTICE OF PUBLIC HEARING Section NPH-2 4463.004/City Contract No. 994 Page 23 of 255 NOTICE TO BIDDERS FOR THE TAKING OF CONSTRUCTION BIDS FOR THE F.Y. 2020 WASTEWATER TREATMENT PLANT BIOSOLIDS MODIFICATIONS IN THE CITY OF WATERLOO, IOWA CITY CONTRACT NO. 994 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 23rd day of January 2020, until 1 P.M. for the construction of the F.Y. 2020 Wastewater Treatment Plant Biosolids Modifications, City Contract No. 994, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the 23rd day of January 2020, at 1 P.M. and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. PUBLIC HEARING The Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above -described improvement project at 5:30 P.M. on the 27th day of January 2020, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. SCOPE OF WORK This project is an upgrade to the biosolids processes at the City of Waterloo Wastewater Treatment Plant. This Work includes construction of a new centrate equalization tank; construction of new biosolids truck loading bays; construction of a new chemical storage building; modifications to existing tanks for waste activated sludge (WAS) and primary sludge storage; installation of new WAS pumps; installation of new primary sludge pumps; installation of new WAS storage blowers; installation of new WAS transfer pumps; installation of aeration piping and diffused air mixing system for WAS storage; installation of new gravity belt thickener (GBT) polymer systems; installation of new thickened WAS (TWAS) pumps; installation of new digester feed pumps and macerators; installation of new blended sludge tank mixers; installation of new chemical storage tanks and feed equipment; installation of new hot water boilers; installation of new biosolids dewatering feed pumps; installation of new dewatering centrifuges, installation of new shaftless screw conveyor system; installation of new dewatering polymer tanks and feed systems; installation of new centrate mixers and pumps; installation of new doors on several process buildings; miscellaneous site grading, piping, landscaping and paving work; heating ventilation and air condition work; interior process, plumbing and fire protection piping and appurtenances; interior painting and finishing work; electrical and controls work; and demolition work. BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed." Work will be substantially complete within 670 calendar days after the date when the Contract Time commences to run and will be completed and ready for final payment within 730 calendar days after the date when the Contract Time commences. NOTICE TO BIDDERS Section NB-1 4463.004/City Contract No. 994 Page 24 of 255 METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety-five percent (95%) of the work as it is completed and materials delivered and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by Strand Associates, Inc.® (CONSULTANT), which plans and specifications and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Complete digital Project Bidding Documents are available at www.strand.com or at www.questcdn.com. Download the digital Bidding Documents by inputting Quest project number #6619042 on the website's Project Search page. Please contact QuestCDN.com at (952) 233-1632 or info@questcdn.com for assistance with free membership registration, downloading, and working with this digital project information. Optional paper copies of the Plans and Specifications are available from Strand Associates, Inc.®, 910 West Wingra Drive, Madison, WI 53715, upon the receipt of a $150 refundable deposit. Deposits will be refunded if the plans are returned in usable condition (i.e., generally free of highlights, ink markings, tears, stickers, water stains and soiling) to the Engineer's Office by the end of the 14th consecutive day after the project has been awarded. No deposits will be refunded for any requests or plans received after the 14th consecutive day, which includes plans returned via mail service. Plan holders are responsible for ascertaining when the project has been awarded. If the plan holder is the prime contractor or a subcontractor or supplier of the prime contractor that has been awarded the project, Plans and Specifications do not need to be returned to receive the deposit. The prime contractor must submit a list of its subcontractors and suppliers for the City and consulting engineer to verify eligibility for the refundable deposit. All Bidders submitting a sealed Bid shall obtain the Bidding Documents from QuestCDN.com or from Strand Associates, Inc.® Bidders who submit a Bid must be a Plan Holder of record at the Issuing Office. Bids from Bidders who are not on the Plan Holders List may be returned as not being responsive. Plan Holders are requested to provide an e-mail address if they wish to receive addenda and other information electronically. Plan Holders are requested to designate whether they are a prime contractor, subcontractor, or supplier if they want this information posted on the project Plan Holders List. The City has the right to reject any bids that do not have current bidding documents included in the Bid submission. Upon award of project, the prime contractor, its subcontractors and suppliers shall be supplied with the needed number of plans and specifications at no additional cost. NOTICE TO BIDDERS Section NB-2 4463.004/City Contract No. 994 Page 25 of 255 CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest bid with any combination of bid alternatives selected by the City. The City reserves the right to reject any or all bids, re -advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of Bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The Bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the lump sum in numerals on the blanks provided. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, Bidder's bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE & PAYMENT BONDS The successful Bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days after forms are presented to Bidder in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. MAINTENANCE BOND Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. NOTICE TO BIDDERS Section NB-3 4463.004/City Contract No. 994 Page 26 of 255 CONTRACT COMPLIANCE PROGRAM / SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa. A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good -faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of two thousand dollars ($2,000) per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. PRE -CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. BIDDER STATUS Attention of Bidders is called to compliance with the provisions of the Resident Bidder/Non-Resident Bidder requirements. Each Bidder submitting a bid shall execute and include with the bid, a Bidder Status Form in the form herein provided. NOTICE TO BIDDERS Section NB-4 4463.004/City Contract No. 994 Page 27 of 255 Failure to submit a fully completed Bidder Status Form with the bid may result in the bid being deemed nonresponsive and rejected. SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. PROJECT CONTACT The Strand Associates, Inc.® project contact is Sam Hocevar and can be contacted at Strand Associates, Inc.®, 910 West Wingra Drive, Madison, WI 53715, (608) 251-4843 regarding the project. All bidding -related questions are to be submitted via e-mail to sam.hocevar@strand.com. Posted pursuant to the provisions of Chapter 26 of the City Code of Iowa. CITY OF WATERLOO, IOWA END OF SECTION NOTICE TO BIDDERS Section NB-5 4463.004/City Contract No. 994 Page 28 of 255 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as December 30, 2019 to vacate, sell and convey a portion of City right-of-way, with the retention of a utility easement, located at the northwest corner of Falls Avenue and Stephan Avenue, to PWS Holdings 19 IA, LLC, in the amount of $1.00, and approving a Development Agreement and Minimum Assessment Agreement for the construction of a new commercial building, and authorize the City Clerk to publish notice. City Council Meeting: 12/16/2019 Prepared: 12/10/2019 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 12/11/2019 - 10:08 AM Clerk Office Higby, Nancy Approved 12/11/2019 - 10:32 AM ATTACHMENTS: Description Type ❑ Development Agreement Cover Memo ❑ Map Cover Memo SUBJECT: Submitted by: Resolution setting date of public hearing as December 30, 2019 to vacate, sell and convey a portion of City right-of-way, with the retention of a utility easement, located at the northwest corner of Falls Avenue and Stephan Avenue, to PWS Holdings 19 IA, LLC, in the amount of $1.00, and approving a Development Agreement and Minimum Assessment Agreement for the construction of a new commercial building, and authorize the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval with the retention of a utility easement over, under and upon the Recommended Action: vacate area. Summary Statement: Transmitted is a request to set the date of public hearing as December 30, 2019 to vacate, sell and convey a portion of City right-of-way, with the retention of a utility easement, located at the northwest corner of Falls Avenue and Stephan Avenue, to PWS Holdings 19 IA, LLC, in the amount of $1.00, and approving a Development Agreement and Minimum Assessment Agreement for the construction of a new commercial building, and authorize the City Clerk to publish notice. PWS Holding 19 IA, LLC demolished the former Hardees restaurant that was located at 3110 University Avenue to clear the land for the construction of a new 5,230 square foot, $2.4 million dollar commercial building. They have requested to vacate excess right-of-way directly adjacent to their property to add it to the land they already own to have more space for the Page 29 of 255 Expenditure Required: Source of Funds: Policy Issue: Background Information: Legal Descriptions: new development. The land in question was acquired for highway purposes and the City followed Iowa Code 306.22 to dispose the property and offered the land back to the original and adjacent property owners. The original and adjacent property owners did not express any interest in purchasing the right-of-way. The land is not utilized and vacating it would not appear to be an issue as it is not needed for any current or future road purposes. There are several utilities located within the vacate area, so a utility easement will need to be retained over the vacate area. None N/A Economic Development Legal Description of Vacate Area: A PART OF SOUTHEAST 1/4 OF SECTION 21, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P.M., CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF FALLS AVENUE AND THE WEST LINE OF STEPHEN AVENUE AS ORIGINALLY ESTABLISHED; THENCE NORTH 0°15'49" EAST ALONG SAID WEST LINE, A DISTANCE OF 166.92 FEET; THENCE SOUTH 21°05'05" EAST, 64.32 FEET; THENCE SOUTH 30°07'30" EAST, 78.97 FEET; THENCE SOUTH 30°35'41" EAST, 42.62 FEET; THENCE SOUTH 21° 39' 15" WEST, 19.87 FEET; THENCE SOUTHWESTERLY ALONG A CURVE CONCAVE SOUTHEASTERLY WHOSE RADIUS IS 303.52 FEET, WHOSE LENGTH IS 58.65 FEET AND WHOSE CHORD BEARS SOUTH 66°31'32" WEST, 58.56 FEET; THENCE SOUTH 60°59'23" WEST, 53.75 FEET; THENCE WESTERLY ALONG A CURVE CONCAVE SOUTHERLY WHOSE RADIUS IS 2,961.60 FEET, WHOSE LENGTH IS 130.99 FEET AND WHOSE CHORD BEARS NORTH 58°48'58" WEST, 130.98 FEET; THENCE NORTH 61°15'23" WEST, 59.91 FEET; THENCE NORTH 0°07'51" EAST, 10.22 FEET; THENCE EASTERLY ALONG A CURVE CONCAVE NORTHERLY WHOSE RADIUS IS 1008.80 FEET, WHOSE LENGTH IS 192.07 FEET AND WHOSE CHORD BEARS SOUTH 77°40'59" EAST, 191.78 FEET TO THE POINT OF BEGINNING, CONTAINING 0.38 ACRES (16,475 SQUARE FEET) MORE OR LESS, SUBJECT TO THE RETENTION OF A UTILITY EASEMENT OVER, UNDER AND UPON THE ABOVE DESCRIBED AREA. Page 30 of 255 Proparer: Christopher S. Wendiand, P.O. Box 596, Waterloo, Iowa 50704 (319) 234-5701 After recording, return to Commynity Planning & Development, 715 Mulberry Street Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , by and between PWS Holdings 19 IA, LLC ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. Company is willing and able to finance and construct a building and related improvements on property located at 3110 University Avenue, Waterloo, Iowa (the "Company Site"), legally described as set forth on Exhibit "A" attached hereto, B. 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. City believes that the development of the Company Site and the Property (defined below) is in the best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the project has been undertaken and is being assisted. 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 to Company for the sum of $1.00 (the "Purchase Price") the real property described on Exhibit "A" attached hereto (the "Property"). The parties acknowledge that the Property is comprised of excess road right-of-way that must be vacated and that must also be handled under the processes required by Iowa Code § 306.22 et seq. City will not convey title to the vacated right-of-way until all processes required by law have been completed. Conveyance shall be by quit claim deed, free and clear of all encumbrances Page 31 of 255 arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Company. Company shall construct on the Company Site and the Property a commercial building of no less than 5,230 square feet, and related parking, landscaping, and other improvements to the buildings and grounds (collectively, the "improvements"). The Company Site and the Property are collectively referred to as the "Project Site". The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Parking shall meet City's minimum requirements based on building use, occupancy, and future intended development on the Project Site. Company shall submit specific building designs and site plans for City review and approval before the commencement of construction. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Project Site, the Improvements, and all site preparation and development -related work to make the Project Site usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to cause the Project to be undertaken and to construct the Improvements in a timely manner constitutes a material inducement for the City to extend the development incentives provided for in this Agreement, including but not limited to its commitment to convey the Property to Company, and that without said commitment City would not have done so. Subject to Unavoidable Delays (defined below), Company must obtain a building permit and begin construction of the Improvements within six (6) months from the date of that it receives title to the Property from City (the "Project Start Date"), and construction of Improvements must be Substantially Completed within twelve (12) months after commencement (the "Project Completion Date"). For purposes of this Agreement, "Substantially Completed" means the date on which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto. 2 Page 32 of 255 If Company has not begun construction of the Improvements before the Project Start Date, City may terminate this Agreement as set forth in Section 14, title to the Property shall revert to City, and City shall have no further obligation hereunder. If construction has not begun by the Project Start Date but the development of the Project is still imminent, the City Council may, but shall not be required to, grant an extension of the Project Completion Date. If construction has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each of the foregoing is an "Unavoidable Delay"), then time lost as a result of Unavoidable Delays shall be added to extend the Project Completion Date by a number of days equal to the number of days lost as a result of Unavoidable Delays, and thereafter if construction is not completed within the allowed period of extension, City may terminate this Agreement as set forth in Section 14, title to the Property shall revert to City, and City shall have no further obligation hereunder. 4. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney - in -fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney -in -fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Project Site and for payment of any associated connection fees. 6. Reserved. 3 Page 33 of 255 7, Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against the Project Site. Company further agrees that, prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "B", it will not seek or cause a reduction in the assessed valuation for the Project Site as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the aggregate amount of $2,400,000.00 ("Minimum Actual Value"), through: (i) willful destruction of the Project Site (other than any demolition that may be authorized herein), Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government, Company agrees to sign and deliver the MAA to City concurrently with execution and delivery of this Agreement. 8. 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. 9. 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. 10. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. The Project Site will have a taxable value as set forth in the MAA, and Company agrees that the minimum actual value of the Project Site and completed Improvements as stated in the MAA will be a reasonable estimate of the actual value of the Project Site and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the 4 Page 34 of 255 Improvements that, when combined with the value of the Project Site and related site improvements, will equal or exceed the assessor's minimum actual value for the Project Site and Improvements as set forth in the MAA. B. Until termination of the MAA, Company will maintain, preserve and keep the Project Site, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. C. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Project Site. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Project Site that is determined by any tax official to be applicable to the Project Site or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Project Site. 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. 12. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It 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. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and 5 Page 35 of 255 delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 13. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Property, or this Agreement, without the prior written consent of City; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement or the MAA; D. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 6 Page 36 of 255 14. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination or to recover ownership of the Property as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of Company occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 15. Indemnification. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Project Site or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Project Site or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. The provisions of this Section shall survive the expiration or termination of this Agreement. 16. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set 7 Page 37 of 255 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. 17. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 18. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 19. 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, fax number 319-291 -4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 4265 45th Street S., Suite 200, Fargo, ND 58104, Attention: President. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 8 Page 38 of 255 20. 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. 21. 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. 22. 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. 23. 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. 24. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 25. 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. 26. 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. 27. 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. 9 Page 39 of 255 CITY OF WATERLOO, IOWA PWS HOLDINGS 19 IA, LLC By: By: Quentin M. Hart, Mayor Kai Christianson, President Attest: Kelley Felchle, City Clerk 10 Page 40 of 255 EXHIBIT "A" PROJECT SITE DESCRIPTION Legal Description of Property: A PART OF SOUTHEAST 1/4 OF SECTION 21, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P.M., CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF FALLS AVENUE AND THE WEST LINE OF STEPHEN AVENUE AS ORIGINALLY ESTABLISHED; THENCE NORTH 0°15'49" EAST ALONG SAID WEST LINE, A DISTANCE OF 166.92 FEET; THENCE SOUTH 21°05'05" EAST, 64.32 FEET; THENCE SOUTH 30°07'30" EAST, 78.97 FEET; THENCE SOUTH 30°35'41" EAST, 42.62 FEET; THENCE SOUTH 21° 39' 15" WEST, 19.87 FEET; THENCE SOUTHWESTERLY ALONG A CURVE CONCAVE SOUTHEASTERLY WHOSE RADIUS IS 303.52 FEET, WHOSE LENGTH IS 58.65 FEET AND WHOSE CHORD BEARS SOUTH 66°31'32" WEST, 58.56 FEET; THENCE SOUTH 60°59'23" WEST, 53.75 FEET; THENCE WESTERLY ALONG A CURVE CONCAVE SOUTHERLY WHOSE RADIUS IS 2,961.60 FEET, WHOSE LENGTH IS 130.99 FEET AND WHOSE CHORD BEARS NORTH 58°48'58" WEST, 130.98 FEET; THENCE NORTH 61°15'23" WEST, 59.91 FEET; THENCE NORTH 0°07'51" EAST, 10.22 FEET; THENCE EASTERLY ALONG A CURVE CONCAVE NORTHERLY WHOSE RADIUS IS 1008.80 FEET, WHOSE LENGTH IS 192.07 FEET AND WHOSE CHORD BEARS SOUTH 77°40'59" EAST, 191.78 FEET TO THE POINT OF BEGINNING, CONTAINING 0.38 ACRES (16,475 SQUARE FEET) MORE OR LESS, SUBJECT TO THE RETENTION OF A UTILITY EASEMENT OVER, UNDER AND UPON THE ABOVE DESCRIBED AREA. Legal Description of Company Site: Tract I: A part of the Southwest Quarter of the Southeast Quarter of Section No. 21 in Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, in Black Hawk County, Iowa, described as follows: Commencing at the point of Intersection of the North line of Falls Avenue, as now established, with the West line of Stephan Avenue , as now established, said point being 30 feet due West of the West line of Lot No. 43 in Hansen -Noble Addition, in the City of Waterloo, Iowa; running thence North along the West line of said Stephan Avenue a distance of 260 feet; thence West at right angles a distance of 168 feet; thence South along a line that is parallel with the West line of said Stephan Avenue to the North line of Falls Avenue, as now established; thence Easterly along the Northerly line of Falls Avenue to the Point of Beginning; EXCEPT that part thereof conveyed to the City of Waterloo, Iowa, for Road Purposes by deed to City of Waterloo, dated July 15, 1950 and filed for record August 24, 1950, in the Recorder's Office, Black Hawk County, lowa, recorded in Book 108 of Land Deeds, on Page 247; AND Re -Described by Survey dated April 10, 1980, by Wayne Claassen, as follows: A part of the Southwest Quarter of the Southeast Quarter of Section 21 in Township 89 North, Range 13 West of the Fifth Principal Meridian in the City of Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the point of intersection of the North line of Falls Avenue and the West line of Stephen Avenue as both streets are presently located: said point being 60 feet West of the Original West line of Lot 43 in Hansen -Noble Addition; thence North 00 degrees 00" East 258.51 feet along the West line of Stephen Avenue; thence South 89 degrees 56' West 138.23 feet; thence South 00 degrees 05'30" East 232.34 feet to the North line of Falls Avenue; thence Southeasterly along a 1008.8 foot radius curve, concave Northerly, having a chord length 140.3 feet, said chord bearing South 79 degrees 18'1 0" East to the point of beginning; AND Note: The West line of Stephen Avenue is assumed to bear N 00 degrees 00' E. Page 41 of 255 Tract ll: A part of the Southwest Quarter of the Southeast Quarter of Section No. 21 in Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the point of intersection of the North line of Falls Avenue and the West line of Stephan Avenue as both Streets are presently located; said point being 60 feet West of the original West line of Lot 43 in "Hansen -Noble Addition", in Black Hawk County, Iowa; thence North 00 degrees 00" East 258.51 feet along the West line of Stephan Avenue; thence South 89 degrees 56' West 138.23 feet along the North line of the Parcel of land described in Warranty Deed recorded in Book No. 109 of land deeds at Page No. 297, to the point of beginning of the tract herein described; thence South 00 degrees 05'30" East, along the West line of said parcel, 232.34 feet to the North line of U.S. Highway No. 218; thence Northwesterly, along the North line of said Highway on a 1008.8 foot radius curve, concave Northerly, having a chord length of 52.26 feet, said chord bearing North 73 degrees 37' West; thence North 00 degrees 00' East 217.54 feet; thence North 89 degrees 56' 49.77 feet to the point of beginning; AND Note: The West line of Stephan Avenue is assumed to bear North 00 degrees 00' East. Tract 111: A Non-exclusive Cross Access Easement for ingress in, to upon and over the following described real estate, as described below, created by Cross Driveway Easement Agreement executed by and between Hardee's Food Systems, Inc., and The Boatyard, Inc., dated May 16, 1980 and filed for record May 16, 1980, in the Recorder's Office, Black Hawk County, Iowa, recorded in Book 6 of Easements at Page 770; A part of the Southeast Quarter of Section 21 in Township 89 North, Range 13 West of the 5th P.M., in the City of Waterloo, Black Hawk County, Iowa, Beginning at the point of intersection of a line which is 188 feet normally distant Westerly of and parallel with the West line of Stephan Avenue as presently established (said West line being 60 feet West of the original West line of Lot 43 in Hansen -Noble Addition) and the Northerly line of U.S. Highway No. 218, thence North 35 feet parallel with said Stephan Avenue, thence Southwesterly to a point on the Northerly line of said U.S. Highway 218 which is 15 feet Northwesterly of the Point of Beginning, as measured along said Westerly Highway line, thence Southeasterly to the point of beginning; all situated in Black Hawk County, Iowa. 2 Page 42 of 255 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of by and among the CITY OF WATERLOO, IOWA ("City"), PWS HOLDINGS 19 IA, 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 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 value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project shall not be less than $2,400,000.00 ("Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed before December 31, 2020. If they are not, then the parties agree to execute an amendment to this Agreement that will extend the dates specified in Section 2 below. 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 § 403.6, as amended, to contest that portion of any actual value assignment made by Page 43 of 255 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. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Improvements in excess of the Minimum Actual Value. 3. Company agrees that it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Project Site that is determined by any tax official to be applicable to the Project Site or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings. 4. 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. 5. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 6. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. CITY OF WATERLOO, IOWA PWS HOLDINGS 19 + .LLC By: By: Quentin M. Hart, Mayor -vin Christians sent Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK On this day of , 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 44 of 255 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 Nor- 06--KOkt-- ) ) ss. COUNTY OF ea- 5 g ) Subscribed and sworn to before me on p-ember 9, 01 q , by Kevin Christianson as President of PWS Holdings 19 IA, LLC. 4 KRISTIE WIESE 1 Notary Public 1 State of North Dakota My Commission Expires October 17, 2022 Notary Public ,,, 3 Page 45 of 255 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 and building upon completion of the development shall not be less than Two Million Four Hundred Thousand Dollars ($2,400,000.00) in the aggregate, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA COUNTY OF BLACK HAWK Subscribed and sworn to before me on , by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 46 of 255 City of Waterloo Planning, Programming and Zoning Commission July 23, 2019 Adjacent to 3110 University Right -of -Way Vacate Tanner Brandt 50 25 50 rage 4 ! Ur CITY OF WATERLOO Council Communication Resolution setting a date of public hearing as December 30, 2019, to approve a Hangar and Ground Site Lease Agreement with Osprey Aviation, LLC, for property located east of 2790 Livingston Lane, in the amount of $365.15 per month, for a term ending December 31, 2059, and instruct the City Clerk to publish notice. City Council Meeting: 12/16/2019 Prepared: 12/11/2019 REVIEWERS: Department Planning & Zoning ATTACHMENTS: Description ❑ Agreement ❑ Map SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Reviewer Even, LeAnn Action Approved Type Backup Material Backup Material Date 12/12/2019 - 12:22 PM Resolution setting a date of public hearing as December 30, 2019, to approve a Hangar and Ground Site Lease Agreement with Osprey Aviation, LLC, for property located east of 2790 Livingston Lane, in the amount of $365.15 per month, for a term ending December 31, 2059, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director Approval. Osprey Aviation 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 $365.15 per month ($0.125 per square foot per year - 35,055 SF= $4,381.80 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. None N/A Land Use Page 48 of 255 Legal Descriptions: LEASE AREA DESCRIPTION: Part of the Northwest Quarter of Section 4, Township 89 North, Range 13 West of the 5th Principal Meridian, City of Waterloo, Black Hawk County, Iowa, and more particularly described as follows: Commencing at the intersection of the Northerly Right of Way line of Betsworth Drive and the Westerly Right of Way line of Airport Boulevard; Thence North 67°00' 10" East (assumed bearing), 139.97 feet along the Northerly Right -of -Way line of said Betsworth Drive to the Easterly Right of Way line of Airport Boulevard; Thence North 58°47'49" East, 985.78 feet to the Point of Beginning; Thence North 13° 14' 31" West, 202.00 feet; Thence North 76°45'29" East, 154.00 feet; Thence South 13°14'31" East, 91.87 feet; Thence North 76°45'29" East, 68.85 feet; Thence South 13°14'31" East, 57.33 feet; Thence South 76°45'29" West, 68.85 feet; Thence South 13°14'31" East, 52.81 feet; Thence South 76°45'29" West, 154.00 feet to the Point of Beginning; containing 0.80 acre (35,055 SW. FT.), subject to other leases and easements of record. Page 49 of 255 WATERLOO REGIONAL AIRPORT CRUISE A NEVV ALTITUDE and OSPREY AVIATION, LLC Hangar and Ground Site Lease Agreement Effective Date: January 1, 2020 Page 50 of 255 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 Alterations 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 i Page 51 of 255 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 8 - 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 52 of 255 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 Section 11.01 Fixed Improvements Section 11.02 Personal Property. 18 18 18 ARTICLE 12 - ASSIGNMENT AND SUBLETTING 19 Section 12.01 Assignment 19 ARTICLE 13 - QUIET ENJOYMENT 19 ARTICLE 14 - Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section GENERAL PROVISIONS 19 14.01 Non -Interference with Operations of Airport 19 14.02 Attorney's Fees. 19 14.03 Taxes and Special Assessments. 20 14.04 Right to Contest 20 14.05 License, Fees and Permits. 20 14.06 Non -Exclusive Rights 20 14.07 Paragraph Headings 20 14.08 Interpretations 20 14.09 Non -Waiver. 20 14.10 Severability 21 14.11 Binding Effect. 21 14.12 No Partnership. 21 14.13 Duty to be Reasonable 21 14.14 Notices 21 14.15 Entire Agreement. 21 14.16 No Construction Against Drafting Party. 22 14.17 Third -Party Beneficiaries. 22 14.18 Authorization and Execution 22 iii Page 53 of 255 THE CITY OF WATERLOO — WATERLOO REGIONAL AIRPORT and OSPREY AVIATION, LLC LEASE SUMMARY TYPE OF AGREEMENT Hangar and Ground Site Lease Agreement TENANT Osprey Aviation, LLC REPRESENTATIVE(S) Michael L. Peterson NOTICE ADDRESS 1710 Adams Street, Cedar Falls, IA 50613; Office: 266-1731; Mobile: 319-290-1732 EFFECTIVE DATE January 1, 2020 TERM 40 years, with two (2) five (5) year option periods thereafter 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) vear option periods. TERMINATION DATE Initial Term: December 31, 2059 LEASEHOLD / ASSIGNED PREMISES Ground Site: TBD pending final construction drawings INITIAL RENTAL RATE Ground Rent - $365.15 per month ($0.125 per s.f. per year- 35,055 s.f. = $4,381.80 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 54 of 255 City of Waterloo, Iowa and Waterloo Regional Airport AND OSPREY AVIATION, LLC Ground Site Lease Agreement THIS GROUND SITE LEASE AND DEVELOPMENT AGREEMENT (hereinafter referred to as the "Agreement", is entered into on , 2020, 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 OSPREY AVIATION, 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 35,055 square feet (154' x 202' and 68.85' x 57.33'), 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 Osprey Aviation, 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 55 of 255 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 comment 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. 5. 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 an 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 2 Page 56 of 255 tak2Oall 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, 2020 (the "Effective Date"), and terminating at 11:59 p.m. on December 31, 2059, 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 $4,381.80, which is equal to $0.125 per square foot for 35,055 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 $365.15. 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 57 of 255 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 Adjustnmcnts 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 58 of 255 Section 3.08 Clirunic 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 59 of 255 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 project 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 60 of 255 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 61 of 255 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 entire term of this Agreement, which is an initial term of forty (40) years and includes two (2) five (5) year options to renew, 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 total term of fifty (50) years, 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 Perforntance Bonds — Construction Guarantee 8 Page 62 of 255 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 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. 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 g• Page 63 of 255 main source of supply or the first manhole outside of the Premises or to the utility corridor. 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. 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. J. 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 10 Page 64 of 255 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 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 anti 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 11 Page 65 of 255 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. 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 12 Page 66 of 255 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. 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. 13 Page 67 of 255 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. 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 term 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 14 Page 68 of 255 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 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 15 Page 69 of 255 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. 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 70 of 255 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 commence 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 71 of 255 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 72 of 255 ARTICLE 12 ASSIGNMENT AND SUBLETTING Section 12.01 Assignment 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 73 of 255 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 74 of 255 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 Severabilitg 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 Binclint 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 OSPREY AVIATION, LLC Attention: Michael L. Peterson 1720 Adams Street Cedar Falls, Iowa 50613 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 75 of 255 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 OSPREY AVIATION, LLC, an Iowa Limited Liability Company By: By: Quentin M. Hart Michael L. Peterson Mayor Manager Witness: Witness: By: By: Name: Kelley Felchle Name: Title: City Clerk Title: 22 Page 76 of 255 LEASE EXHIBIT LEASE AREA DESCRIPTION: PART OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTHERLY RIGHT OF WAY LINE OF BETSWORTH DRIVE AND THE WESTERLY RIGHT OF WAY LINE OF AIRPORT BOULEVARD; THENCE NORTH 67°00'10" EAST (ASSUMED BEARING), 139.97 FEET ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID BETSWORTH DRIVE TO THE EASTERLY RIGHT OF WAY LINE OF AIRPORT BOULEVARD; THENCE NORTH 58°47'49" EAST, 985.78 FEET TO THE POINT OF BEGINNING; THENCE NORTH 13°14'31" WEST, 202.00 FEET; THENCE NORTH 76°45'29" EAST, 154.00 FEET; THENCE SOUTH 13°14'31" EAST, 91.87 FEET; THENCE NORTH 76°45'29" EAST, 68.85 FEET; THENCE SOUTH 13°14'31" EAST, 57.33 FEET; THENCE SOUTH 76°45'29" WEST, 68.85 FEET; THENCE SOUTH 13°14'31" EAST, 52.81 FEET; THENCE SOUTH 76°45'29" WEST, 154.00 FEET TO THE POINT OF BEGINNING; CONTAINING 0.80 ACRE (35,055 SW. FT.), SUBJECT TO OTHER LEASES AND EASEMENTS OF RECORD. LEGEND • FOUND IRON PIN AND CAP NO. 8033 CALCULATED POSITION LEASE BOUNDARY S E APPROXIMATE SECTION LINE 200 0 200 FEET 11 11 GRAPHIC SCALE IN FEET `G:\C3D\19\19-902\19-902 Corp Hangar2.dwg, FG-11x8.5 PLOT DATE: 11/26/19 C/ POINT OF BEGINNING 64 LEASE AREA 0.80 ACRE 35,055 SF 6 45' 29 N QP S 13°14'31" E 91.87' N 76°45'29" E 68.85' S 13'14'31" E 57.33' S 76°45'29" W 68.85' S 1314'31" E 52.81' 11/26/2019 FEHR GRAAM ENGINEERING & ENVIRONMENTAL © 2019 FEHR GRAHAM Page 77 of 255 ILLINOIS IOWA WISCONSIN CITY OF WATERLOO Council Communication Request by the City of Waterloo to vacate 7,445 square feet of Airline Highway adjacent to 3070 West Airline Highway. City Council Meeting: 12/16/2019 Prepared: 12/11/2019 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description o Council P acket o Legal Description SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved Type Cover Memo Cover Memo Date 12/11/2019 - 9:53 AM 12/11/2019 - 10:16 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, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an ordinance approving a request by the City of Waterloo to vacate 7,445 square feet of Street right-of-way adjacent to 3070 West Airline Highway, subject to an easement for utilities being maintained over, under, and upon the vacated area. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted is a request by the City of Waterloo to vacate 7,445 square feet of Airline Highway adjacent to 3070 West Airline Highway, subject to the retention of a utility easement. None N/A Right -of -Way N/A Page 78 of 255 Background Information: The request to vacate will not have an negative impact on the surrounding neighborhood. The request to vacate would not appear to have a negative impact on vehicular traffic in the area as the area to be vacated is not needed as city right-of-way. The nearest trail is located in George Wyth State Park which located south of US Highway 218 and there are no sidewalks in the area. The site is zoned "M-1" Light Industrial District and has been zoned as such since the adoption of the zoning ordinance in 1969. Neighboring land uses and zoning: North — Agricultural and the Waterloo Airport zoned "M-2,P" Planned Industrial District South — Industrial zoned "M-1" Light Industrial District. East — Industrial zoned "M-1" Light Industrial District. West — Industrial zoned "M-1,C-Z" Light Industrial Conditional Zoning District and "M-1" Light Industrial District. The request would not require any buffering by ordinance standards. The proposed vacate would not appear to have a negative impact on drainage. Industrial buildings built between 1968 and 2019. This area is not located in a flood plain as indicated by the Flood Insurance Rate Map No. 1900025 0167F Lincoln Elementary School is located 2.47 miles to the southeast, Central Middle School is located 3.26 miles to the south, and East High is located 4.67 miles to the southeast. The nearest open space is George Wyth State Park located to the south of US Highway 218. There is a 12" Sanitary Sewer Line, overhead electrical lines, and a possible gas line located in the section to be vacated therefore an easement will need to be maintained after the vacate. The Future Land Use Map designates the area as Industrial, and this request would be in compliance with the Future Land Use Map and Comprehensive Plan. The city is requesting to vacate 7,445 square feet of Airline Highway right-of- way. A portion of the right-of-way was acquired when there was a proposal to add a frontage road to Airline Highway. Additional portions of the right- of-way to be vacated were for the possible expansion of Airline Highway when it was US Highway 20. Page 79 of 255 Legal Descriptions: There is utilities in the vacate area therefore an easement will need to be maintained over the vacate area. On December 4, 2018 the Planning, Programming and Zoning Commission voted to vacate 65,490 square feet of the right of way located immediately to the west of this vacate request. The vacate request was approved by the City Council on January 22, 2019 with Ordinance 5479. This vacate request will extend the limits of the previous vacate an additional 80 feet to the east, allowing additional area for the redevelopment of the site. At their December 3rd, 2019 meeting the Planning, Programming and Zoning Commission voted 6-0 to recommend approval of the vacate request. There will be a separate request to plat the land. Therefore, staff recommends the request to vacate 7,445 square feet of Airline Highway right-of-way located adjacent to 3070 West Airline Highway be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The area to be vacated is not needed for right-of-way. 4. The right-of-way to the west was previously vacated, and the area is not needed for right-of-way purposes. With the following conditions: 1. That an easement be maintained under, upon, and above the proposed vacate. THIS PLAT REPRESENTS A SURVEY OF TRACT "E" That part of the Southeast Quarter (S/E) of Section No. 5, Township No. 89 North, Range No. 13 West of Fifth Principal Meridian, Black Hawk County, describe as follows: Commencing a the Southeast corner of said Southeast Quarter, point being a found '/2" rebar in P.C.C. pavement; thence along the South line of said Southeast Quarter South 89°40'50" West a distance of 937.7 feet to the Southerly extension of the East line of of Parcel "E" per Plat of Survey recorded in File 2016-11511 dated 12/23/2015 in the Office of Black Hawk County Recorder; thence along and Southerly extension North 00°18'40" West a distance of 27.05 feet to a found '/2" rebar with license #232212; thence North 89°41' 10" East a distance of 80.0 feet to a set %2" rebar with license #23212; thence South 00°18'40" East a distance of 27.05 feet to a set %2" rebar with license #23212; thence South 89°40'50" West a distance of 80.0 feet to the point of beginning. Containing 2, 165 sq. ft. THIS PLAT REPRESENTS A SURVEY OF TRACT "F" That part of the Southeast Quarter (S/E) of Section No. 5, Township No. Page 80 of 255 89 North, Range No. 13 West of the Fifth Principal Meridian, Black Hawk County Iowa, described as follows: Commencing at the Southeast corner of said Southeast Quarter, point being a found %" rebar in P.C.C. pavement; thence along the South line of Southeast Quarter South 89°40'50" West a distance of 937.7 feet to the Southerly extension of the East line of of Parcel "E" per Plat of Survey recorded in File 2016-11511 dated 12/23/2015 in the Office of the Black Hawk County Recorder; thence along said Southerly extension North 00° 18'40" West a distance of 60.05 feet to a found 1/2 " rebar with license #23212, also being the point of beginning; thence continuing along said Southerly extension North 00?° 18'40" West a distance of 66.0 feet to the North right-of-way line of West Airline Highway, point being a found 5/8" rebar with aluminum cap license #19715; thence along said North right-of- way line North 89°41' East a distance of 80.0 feet to a set'/2" rebar with license #23212; thence South 89°41' 10" West a distance of 80.0 to the point of beginning. Containing 5,280 sq. ft. Page 81 of 255 December 3, 2019 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: Request by the City of Waterloo to vacate 7,445 square feet of Airline Highway adjacent to 3070 West Airline Highway. City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 Request by the City of Waterloo to vacate 7,445 square feet of surplus right of way. The request to vacate will not have an negative impact on the & surrounding neighborhood. RELATIONSHIP TO RECREATIONAL TRAIL PLAN and COMPLETE STREETS POLICY. ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS REQUIRED/ NEEDED: DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: The request to vacate would not appear to have a negative impact on vehicular traffic in the area as the area to be vacated is not needed as city right-of-way. The nearest trail is located in George Wyth State Park which located south of US Highway 218 and there are no sidewalks in the area. The site is zoned "M-1" Light Industrial District and has been zoned as such since the adoption of the zoning ordinance in 1969. Neighboring land uses and zoning: North —Agricultural and the Waterloo Airport zoned "M-2,P" Planned Industrial District South — Industrial zoned "M-1" Light Industrial District. East — Industrial zoned "M-1" Light Industrial District. West — Industrial zoned "M-1,C-Z" Light Industrial Conditional Zoning District and "M-1" Light Industrial District. The request would not require any buffering by ordinance standards. The proposed vacate would not appear to have a negative impact on drainage. Industrial buildings built between 1968 and 2019. This area is not located in a flood plain as indicated by the Flood Insurance Rate Map No. 1900025 0167F Lincoln Elementary School is located 2.47 miles to the southeast, Central Middle School is located 3.26 miles to the south, and East High is located 4.67 miles to the southeast. The nearest open space is George Wyth State Park located to Vacate- Airline Highway Page 1 of 3 Page 82 of 255 December 3, 2019 UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: the south of US Highway 218. There is a 12" Sanitary Sewer Line, overhead electrical lines, and a possible gas line located in the section to be vacated therefore an easement will need to be maintained after the vacate. The Future Land Use Map designates the area as Industrial, and this request would be in compliance with the Future Land Use Map and Comprehensive Plan. The city is requesting to vacate 7,445 square feet of Airline Highway right-of-way. A portion of the right-of-way was acquired when there was a proposal to add a frontage road to Airline Highway. Additional portions of the right-of-way to be vacated were for the possible expansion of Airline Highway when it was US Highway 20. There is utilities in the vacate area therefore an easement will need to be maintained over the vacate area. On December 4, 2018 the Planning, Programming and Zoning Commission voted to vacate 65,490 square feet of the right of way located immediately to the west of this vacate request. The vacate request was approved by the City Council on January 22, 2019 with Ordinance 5479. This vacate request will extend the limits of the previous vacate an additional 80 feet to the east, allowing additional area for the redevelopment of the site. There will be a separate request to plat the land. Therefore, staff recommends the request to vacate 7,445 square feet of Airline Highway right-of-way located adjacent to 3070 West Airline Highway be approved for the following reasons: 1 The request to vacate would not appear to have a negative impact on the surrounding area. 2 The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3 The area to be vacated is not needed for right-of-way. 4 The right-of-way to the west was previously vacated, and the area is not needed for right-of-way purposes. Vacate- Airline Highway Page 2 of 3 Page 83 of 255 December 3, 2019 With the following conditions: 1. That an easement be maintained under, upon, and above the proposed vacate. Vacate- Airline Highway Page 3 of 3 Page 84 of 255 City of Waterloo Planning, Programming and Zoning Commission December 3, 2019 1 I I G)—�7 ar�7 1 SUPI i/j I( WAY- rn RI ITTFRfII IT N HAZELWOOD LN lc. v A Lcn -71;- ^ r- r- z r- LAKE ; z o`'"DR n 0/v4 A-1 I W. BIG ROCK R A-1 M-1 A-1 Adjacent to 3070 Airline Highway Vacate Right -of -Way City of Waterloo Page 85 of 255 City of Waterloo Planning, Programming and Zoning Commission December 3, 2019 Area to be Vacated WAIRLINE HWY 3070 West Airline Highway Adjacent to 3070 Airline Highway Vacate City of Waterloo Page 86 of 255 Page 1 of 1111111111111111111111111111111111111111 I111111IIII 1111II INDEX LEGEND Genera/ Description: Sec. 5-T89N-R13W, SE 114 Surveyor. Kyle J. Holland Surveying Company/ Holland Engineering & Surveying, Ltd. Return To: 6109 Chancellor Drive Cedar Falls, Iowa 50613.6919 (319)-266-0161 Noel Anderson/City of Waterloo City of Waterloo Survey Requested By: Proprietor. ilEE SHEET 2 FOR DESCRIPTION, LEGEND AND LOCATION MAP LEGEND A FOUND NO. 4 MAR wIOPC #23212 B FOUND NO. 4 REBAR w(0PC #23212 {5.0' N 00°19'/' W OF TRUE CORNER) Doc ID: 009491550002 Type' GEN Recorded: 02/21/2019 at 04.11:04 Pn Fee Ant: $12.00 Page 1 of 2 Black Hawk County Iowa SANDIE L. SMITH RECORDER F11e2019. 00012692 This Plat or Subdivision has been reviewed by (CityICount t w` ,u tftniJ i.. ignature of (CilylCounty) Dale Ordinance Administrator CHICAGO, CENTRAL & PACIFIC RAILROAD (100' RAW) S 88°28' E 863.7' FOUND NO. 5 REBAR 80.05' wIALUMINUM CAP #19715 (TYPICAL, UNLESS NOTED OTHERWISE) SE 1/4 SEC. 5-T89N-R 13W PARCEL "E" PLAT OF SURVEY FILE2018-11511 DATED 12/23/2015 TRACT "8" PLAT OF SURVEY F1LE2019 9617 DATED 11/21/2018 TRACT °F" PARCEL "H" Erg O OD 4 N 00°18'40" W 126.05.-1 27.05' A_ 783.65' PARCEL PLAT OF SURVEY PILE2017--19479 DATED 04/28/2017 • • rr M "UNPLATTED" Fla 0°4 `4 EXISTING 128.0' R.O.W. TRACT "F"I 5,280 SQ. FT. N 89°41' E 863.35' S 00°19% E S 89°41'10" W 863.35' - _'• R.0' ,': 27.05` 783.35' �----t TRACT "El 2,165 SQ. FT. 80.0' s_-- 783.35' 33,0'S 89°40 50" W 1725,2' P.O.B. / — — — -. - 937.7' S 1/4 CORNER SEC. 5-T89N-R13W FOUND NO.4 REBAR IN P.C.C. PAVEMENT PER 344 MISC. 129 _TRACT "P _ _ S 89°40'50" W 2662.9' TRACT A" (ASSUMED SEARING] 82 Chains/2828.17a, (2861.5)b PLAT OF SURVEY (2682.89)c (N90°00'W)d, (2663.07e F1LE2019.9617 (2663,037/, (2663.0)g, (S 88"5820"W 2682.807h DATED 11/21/2018 WEST AIRLINE HIGHWAY (I.k.a. U.S. HIGHWAY#20) (R.O.W VARIES) THIS SURVEY MEETSIOR EXCEEDS CURRENT °MINIMUM STANDARDS FOR PROPERTY SURVEYS" (411. HELLAND ENGINEERING & SURVEYING, LTD. 6109 Chancellor Drive Cedar Falls. Iowa 50613-6919 (319)-266-0161 SHEET 1 OF 2 I hereby mrliry that tNs land surveying document was prepared and the related surveywork was performed by me or under my direct personal supuvision and that I am aduiylicensed Prole gslar}a1Land 1 eyorunder 1he tlso1the State ofIowa. L ceee Number23212 My license renewal date is December 31, 2019. Ail l pages or sheets ate covered by this seal except: P.O.C. SE CORNER SEC. 5-T89N-R13W FOUND NO.4 REBAR IN P.C.C. PAVEMENT PER 344 MISC. 129 • SET NO, 4 REAR X 24" LONG w/ORANGE PLASTIC CAP # (00) RECORDED AS FILE NAME: 19-110-VACATE.DWG SCALE: 1 ° =100' PROJECT # 19-110 DRAWN BY: CDR OPCPLASTIC CAP (O=ORANGE, R=RED, Y=YELLOW) (BEARINGS ARE ASSUMED) 0' 50' 100' 200' 23212 PLAT OF SURVEY OF PART OF SE 1I4 SEC. 5-T89N-R13W BLACK HAWK COUNTY, IOWA FOR A File NNGRQUINTSUCA12692 SecpAge 87 of 255 C) �) Page2of2 THIS PLAT REPRESENTS A SURVEY OF TRACT "E" That part of the Southeast Quarter (SE 1/4) of Section No. 5, Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, Black Hawk County lowa, described as follows: Commencing at the Southeast corner of said Southeast Quarter, point being a found'/2° rebar in P.C.C. pavement; thence along the South line of said Southeast Quarter South 89°40'60" West a distance of 937.7 feet to the Southerly extension of the East line of of Parcel "E" per Plat of Survey recorded in File 2016-11511 dated 12/2312015 in the Office of the Black Hawk County Recorder; thence along saki Southerly extension North 00°18'40' West a distance of 33,0 feet to a found /" rebar with license 423212, also being the point of beginning; thence continuing along said Southerly extension North 00°18'40° West a distance of 27.05 feet to a found'V' rebar with license 423212; thence North 89°41'10' East a distance of 80.0 feet to a set %" rebar with license #23212; thence South 00° 18'40" East a distance of 27.05 feet to a set'/z' rebar with license #23212; thence South 89°40'50' West a distance of 80.0 feet to the point of beginning. Containing 2,165 sq. f1. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Note: The South line of said Southeast Quarter Is assumed to bear South 89°40'50" West for this description. THIS PLAT REPRESENTS A SURVEY OF TRACT "F" That part of the Southeast Quarter (SE 1/4) of Section No. 5, Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, Black Hawk County Iowa, described as follows: Commencing at the Southeast corner of said Southeast Quarter, point being a found'/z" rebar in P.C.C. pavement; thence along the South line of said Southeast Quarter South 89°40'50" West a distance of 937.7 feet to the Southerly extension of the East line of of Parcel "E" per Plat of Survey recorded in File 2016-11511 dated 12/23/2015 in the Office of the Black Hawk County Recorder; thence along said Southerly extension North 00°18'40" West a distance of 60.05 feet to a found'/%" rebar with license #23212, also being the point of beginning; thence continuing along said Southerly extension North 00°18'40' West a distance of 66.0 feet to the North right-of-way line of West Airline Highway, point being a found 5/a" rebar with aluminum cap license #19715; thence along said North right-of-way line North 89°41' East a distance of 80.0 feet to a set'/z' rebar with license #23212; thence South 00°18'40" East a distance of 66.0 feet to a set'/z' rebar with license #23212; thence South 89°41'10" West a distance of 80.0 feet to the point of beginning. Containing 5,280 sq. ft. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Note: The South line of said Southeast Quarter is assumed to bear South 89°40'50" West for this description, Parcel letter approved by County Auditor's Office Date of Survey: 02/20/2019 LOCATION MAP-' CEDAR FALLS/ WATERLOO CORP. UMITS WATERLOO REGINAL AIRPORT LEGEND (0.02a PER ORIGINAL GOVERNMENT SURVEY BY GEORGE W. JONES DATED 1211511848 (0.0)b PER WPA NOTES (NO DATE) (0.02c PER PLAT OF SURVEY 281 MISC. 806 FILED 08118/1988 (0.01d PER PLAT OF SURVEY 297 MISC. 615 DATED 05104/1990 (0 d je PLA08fT SURVEY0344 MISC. 130 (0.02! PER PLAT OF SURVEY FEE BK #2006 17728 DATED 08l1912005 (0.02g PER PLAT 0 FSURVEY FILE 2013-1824 DATED 07/26/2012 (0.02h PER PLAT OF SURVEY FILE 2016-11511 DATED 12123/2015 HELLAND ENGINEERING & SURVEYING, LTD. • SET NO. 4 REBAR X 24" LONG w10RANGE PLASTIC CAP #23212 6109ChancellorDrive (009RECORDED AS FILE NAME: 19-110VACATE.DWG Cedar Falls, towa 50613-6919 SCALE: N/A PROJECT # 19-110 DRAWN BY: CDR (319)-266-0161 SHEET 2 OF 2 OPCPLASTIC CAP(0=ORANGE, R=RED,Y=YELLOW) PLAT OF SURVEY OF PART OF SE 1/4 SEC. 5-T89N-R13W BLACK HAWK COUNTY, IOWA FOR File N2FO@EIDIVIXt012692 SeWp a 88 of 255 SE.SE.SE.5 57 S'S7g 2.'' PRI'JA-tE 3641,3 No 'PLANS 00 No 0 0 14' ELECTRICAL EASEMENT ESMT BK 5 PG 436 10-12- 1976 I . C . R. R. co 8-I H�. MIDPORT AMERICA PARK wl PLAT NO. I 2I LOT 5 30'EASEMENT 14' EASEMENT 497.83' ESMT BK 5 PG 436 0 0 8913-c - 4-74, - bo It 1 1,717? N 0 b v Cl M M t ("I N. 34 OF EASEMENT VACATED 9-11-95 I ORD.4124 (b 8 '3, // 3 3D' — /2" -- O, 2 2 % (0 N ± 353,8 WEST 863,2. *1963,2. Bs'z. 38 9y-7. 38 AI fLINE 30' — /,z"— D,22%a San i +a t ( Sewer- 1a e' HWY. 86.3.7 Iti• 66' UTILITY ESMT. 0 0 4 0 fD SE" Cote., 5 c 5 89- t3 Page 89 of 255 64 SW.SW.SW. 4 O O MIDPORT AMERICA PARK PLAT NO. 1 LOT 5 30' EASEMENT 1 (ELECTRICAL) 14' EASEMENT 497.83, ESMTBK5 PG436 10—I2-1976 0 tn M 6 o> cr co 70' Li_. I— U 60' _plc\'r`i \v r v H` / VL y,µpt..hccl✓' VSo.- 3IO'a ST ^/A-floNAc_f�u,�2r� ss\ ,S V s' Noi€ % N444o7lL s( Armory 5;4-e. is /nelucke4 1n !4'Eleefr cQJ aeema.'-t.f in ESVV t—BK5 P M3( I c Fj 1— 57 MISC. BK 319—478,479— — N. 34' OF EASEMENT VACATED 9-11-95 ORD.4124 66' UTILITY EASEMENT 194E MFItit gg (r.%M C m,bc) u( Y) 8643 8'/0.20 S14 8t9 WEST 6.0 AIRLINE_ BOULEVARD CC 0 0 CC 4, O O m, t a / 7 :>,.z.r- -e 35' UTILITY ESMT . 8K.442 PG. 295 & 8K. 563 PG. 87 HWY. 0 (0 (6 Page 90 of 255 SEC 9 Vacate — Adjacent to 3070 Airline Highway Looking northwest from Airline Highway. Looking southwest from the driveway of 3070 West Airline Highway. Looking east toward the vacate area. Looking east along Airline Highway toward Airport Boulevard. Page 91 of 255 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ❑ Offer to Vacate and Purchase City Right -of -Way ❑ Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement U Sale of City -Owned Property _ 2 oO 1'i'ti� Applicant: L1�� W Address: ']I �v1��-22�1 57 �'j�Phone No.: -3Ici- .? 36' General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): 1-I-r (7-ki LA)A-4 a ! 7 of (ref Legal description of area to be conveyed, vacated, or encroached: 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment — One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated — No Fee • Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee 2. Offer Price*[Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area Iocated within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: Please provide y site . a d/or aerial photo of the area to be vacated if the request involves additiona - • : uc ' , as a read for the request. Applicant /(,2(.(9 Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 92 of 255 THIS PLAT REPRESENTS A SURVEY OF TRACT "E" That part of the Southeast Quarter (S/E) of Section No. 5, Township No. 89 North, Range No. 13 West of Fifth Principal Meridian, Black Hawk County, describe as follows: Commencing a the Southeast corner of said Southeast Quarter, point being a found 1/2" rebar in P.C.C. pavement; thence along the South line of said Southeast Quarter South 89°40'50" West a distance of 937.7 feet to the Southerly extension of the East line of of Parcel "E" per Plat of Survey recorded in File 2016-11511 dated 12/23/2015 in the Office of Black Hawk County Recorder; thence along and Southerly extension North 00°18'40" West a distance of 27.05 feet to a found 1/2" rebar with license #232212; thence North 89°41' 10" East a distance of 80.0 feet to a set 1/2" rebar with license #23212; thence South 00°18'40" East a distance of 27.05 feet to a set '/2" rebar with license #23212; thence South 89°40'50" West a distance of 80.0 feet to the point of beginning. Containing 2, 165 sq. ft. THIS PLAT REPRESENTS A SURVEY OF TRACT "F" That part of the Southeast Quarter (S/E) of Section No. 5, Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, Black Hawk County Iowa, described as follows: Commencing at the Southeast corner of said Southeast Quarter, point being a found 1/2" rebar in P.C.C. pavement; thence along the South line of Southeast Quarter South 89°40'50" West a distance of 937.7 feet to the Southerly extension of the East line of of Parcel "E" per Plat of Survey recorded in File 2016-11511 dated 12/23/2015 in the Office of the Black Hawk County Recorder; thence along said Southerly extension North 00°18'40" West a distance of 60.05 feet to a found 1/2 " rebar with license #23212, also being the point of beginning; thence continuing along said Southerly extension North 00 ::: ° 18'40" West a distance of 66.0 feet to the North right- of-way line of West Airline Highway, point being a found 5/8" rebar with aluminum cap license #19715; thence along said North right-of-way line North 89°41' East a distance of 80.0 feet to a set 1/2" rebar with license #23212; thence South 89°41' 10" West a distance of 80.0 to the point of beginning. Containing 5,280 sq. ft. Page 93 of 255 CITY OF WATERLOO Council Communication FY 2020 Virden Creek Levee Improvements, Contract No. 947. City Council Meeting: 12/16/2019 Prepared: 12/10/2019 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie Approved 12/10/2019 - 11:09 AM Clerk Office Even, LeAnn Approved 12/11/2019 - 9:50 AM ATTACHMENTS: Description Type ❑ Bid Tabulation Backup Material SUBJECT: Submitted by: Expenditure Required: Source of Funds: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted By: Wayne Castle, PLS, PE, Associate Engineer GO Bonds Page 94 of 255 FY2020 Virden Creek Levee Improvements Contract No. 947 Bid Tab: December 12, 2019 Estimate: $4,280,758.65 Bidder Bid Security Total Bid Amount Peterson Contractors, Inc. Reinbeck, IA 5% $4,736,289.53 Iowa Bridge & Culvert, LC Washington, IA 5% $5,076,445.99 Larson Construction Co., Inc. Independence, IA 5% $4,451,767.00 WRH, Inc. Amana, IA 5% $4,244,743.72 Tricon Construction Group Dubuque, IA 5% $3,808,500.00 Page 95 of 255 CITY OF WATERLOO Council Communication Purchase of two (2) 2020 Fairway Mowers. City Council Meeting: 12/16/2019 Prepared: 12/10/2019 REVIEWERS: Department Leisure Services Clerk Office Reviewer Huting, Paul Even, LeAnn Action Approved Approved ATTACHMENTS: Description Type ❑ Bid Documents 2020 Fairway Mowers Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Background Information: Date 12/10/2019 - 5:00 PM 12/11/2019 - 10:14 AM Motion to receive and file proof of publication and notice of public hearing. HOLD HEARING - No Comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid documents, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids. Resolution awarding bid to TurfWerks of Johnston, Iowa, in the amount of $79,498, and authorizing the Mayor to execute said documents. Submitted By: JB Bolger, Golf and Downtown Area Maintenance Manager Approve Purchase These units will be used to mow golf course fairways at Gates Park and Iry Warren Golf Courses. $ after trades. CIP Bond Funds- Golf Course Maintenance Equipment These two mowers will replace two existing high hour mowers that are prone to breakdowns. These units were forecast in the CIP Five Year Replacement Plan. Page 96 of 255 CITY OF WATERLOO LEISURE SERVICES 1101 CAMPBELL AVE WATERLOO IA 50701 GENERAL INSTRUCTIONS, REQUIREMENTS AND SPECIFICATIONS 2020 FAIRWAY MOWERS Bid documents for 2020 Leisure Services Fairway Mowers. Actual quantity purchased will depend on bid prices. All equipment is expected to be ready for use by the City of Waterloo, Iowa. Page 97 of 255 CITY OF WATERLOO LEISURE SERVICES COMMISSION 2020 FAIRWAY MOWERS Waterloo Leisure Services is seeking competitive bids for FAIRWAY MOWERS as described in the enclosed specifications. Bidder shall use Iowa Department of Transportation Grounds Care Contract, Sourcewell, or any other pricing structure to offer the lowest possible price. Bid prices are based on a per unit price. The City of Waterloo makes no declarations on the quantity of units being purchased. RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, Waterloo, Iowa, with a bid deadline of Thursday December 12, 2019 until 1:00pm for the 2020 Fairway Mowers as detailed in the specifications sheet included in this packet. City Hall is located at 715 Mulberry Street, Waterloo, Iowa, 50703. OPENING OF BIDS All proposals for the 2020 Fairway Mowers will be opened at 1:00 p.m. on Thursday December 12, 2019 in the First Floor Conference Room at City Hall. Proposals will be referred to Waterloo Leisure Services for recommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed specifications for the 2020 FAIRWAY MOWERS at 5:30 p.m. on Monday December 16, 2019. The hearing will be held in the Council Chambers in Waterloo City Hall. The specifications documents are on file in the City Clerk's office, 715 Mulberry St. and the Waterloo Leisure Services Commission office, 1101 Campbell Ave., Waterloo, Iowa, for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make an objection at the meeting. When submitting a bid, please note on the lower left hand corner of the envelope: 2020 FAIRWAY MOWERS All bids must meet or exceed the Specifications provided. Bids that do not meet or exceed the Specifications will be rejected. All bid prices are recognized by the City and the Bidder to be valid irrevocably for a minimum of sixty (60) days from the calendar date of the Bid Opening. Page 98 of 255 Standard procedure dictates that the City of Waterloo will accept the lowest responsive, responsible bid. However, the Bidder understands that the City reserves the right to reject any bid that is either considered not to be responsive or not most advantageous to the City. The City will normally award the purchase contract to the responsible bidder who meets or exceeds the minimum specifications provided. The City of Waterloo, Iowa, reserves the right to accept or reject any and all bids. If applicable, the Bidder guarantees that Title conveyed for the goods shall be delivered free from security interest or other lien or encumbrance. The bid price given shall be the complete price for unit or units meeting specifications provided. This price shall include all discounts, freight and/ or transportation costs necessary to supply the vehicles in accordance with the Specifications and to the final destination at 1101 Campbell Avenue, Waterloo, Iowa. Certain units or equipment items may be listed as trade-ins for special purchases. The trade-in values are to be specifically listed as indicated in the proposal documents. The City reserves the right to purchase the units with our without trade ins. All bids should include all extras or options as detailed on the attached specifications sheets including special warranty provisions or maintenance provisions. The bidder is cautioned to review these carefully and complete the bid proposal accordingly. Specific questions may be addressed to: JB Bolger, Golf Manager Waterloo Leisure Services 1101 Campbell Avenue Waterloo, Iowa 50701 319-291-4370 Monday through Friday 7AM-4:OOPM with any questions. The bidder must have and maintain inventory of repair parts as well as have experienced service personnel for this equipment. The bidder shall certify by the act of signing and submitting his/her bid that all items and service delivered hereunder shall comply with the Federal Occupation Safety and Health Act of 1960 as amended and applicable. BID DEADLINE: Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, Waterloo, Iowa, with a bid deadline of Thursday December 12, 2019 until 1:00pm for the 2020 FAIRWAY MOWERS as detailed in the specifications sheet included in this packet. City Hall is located at 715 Mulberry Street, Waterloo, Iowa, 50703. Page 99 of 255 THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS. Specifications for 2020 FAIRWAY MOWERS: The undersigned hereby agrees to furnish the following equipment f.o.b. Waterloo, IA, ready for immediate use with all the necessary parts and accessories need for its operation as specified below. Dealer must list any deviation from specifications given. Four Wheel Machine -Two Wheel Drive Fairway Mowing Unit • 100" Cutting width • Five 22" Individual reels • Seven Blade Reels with Trueset • 3" Front Rollers • ROPS SYSTEM • Swivel Console • Sun Canopy including Fan • Adjustable height of cut 0.375-0.75" • 24.8 HP Kubota diesel engine • EPA TIER 4 Final with no regeneration or after treatment • Displacement 68.5 cu in • 8 mph mowing speed • 10 mph transport speed • Variable displacement traction system, hydrostatic pump with 2 high -torqued wheel motors • Reel drive- Gear pump with quick disconnect (Flash Attach) coupled reel motors, solenoid controlled mow valve; backlapping standard • Hydraulic System- 14 gal capacity, oil monitor with low alarm standard • Joystick control reel lift- one touch lift/lower control for all five reels • Hydraulic oil cooler, large volume, full flow 10 micron filter • Front tires 26.5X14.0-12 tubeless • Rear tires 20.0X10.0-8 tubeless • Brakes- Dynamic, through -traction system • Parking Brake- Automatic wet park brake integrated in front wheel motors; engage switch on control console • 10 PSI Ground Pressure • Rear -wheel, hydrostatic power steering • On -Board Diagnostics- LED Display and alarms for aid in Diagnostics • Gauges- fuel gauge, hour meter, and indicator warning lights, diagnostics list, glow plug indicator, high engine coolant temperature, engine oil pressure, and battery voltage • 2,7381b unit weight including fluids • 88" height with ROPS • 115" overall width in mowing mode • Headlights -Installed • Safety/Operational DVD • Parts and Tech Manual • One spare wheel and tire (mounted on rim) for front and rear axle • Two year comprehensive warranty Page 100 of 255 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION BID FORM for 2020 FAIRWAY MOWERS Bidder is providing bid price as specified with all options included delivery to Leisure Services 1101 Campbell Ave, Waterloo, Iowa ready for use by the City of Waterloo. Bidder shall use State of Iowa DOT Grounds Care Contract Pricing, Sourcewell, or any other pricing structure to offer the lowest possible price. If awarded the contract we agree to deliver the equipment to the Leisure Services Department on or before April 17, 2020. Failure to deliver equipment on or before the designated receiving date shall result in a penalty at a daily rate of $50.00 per unit per working day until delivery is made. We understand that this quotation will be reviewed by the Leisure Services Golf Manager and the Waterloo City Council for the purpose of securing the equipment at the most favorable cost. Life cycle analysis will be used when appropriate. Factors such as service location and availability, warranty, maintenance records, vendor's past performance records, and quality of products offered will be considered where applicable. Trade-in items may be retained depending on trade values offered. Bid prices are per unit and specific quantities of units purchased will depend on bid prices. BIDDER: COMPANY NAME ADDRESS: CONTACT PERSON PHONE: ( ) NEW FAIRWAY UNIT dollars ($ ) Page 101 of 255 Optional Trade -In Equipment John Deere 7700 Fairway Unit • Model Year 2013 • Approx. 2,815 Hours • Serial 1TC7700XKCT050392 • Located at Iry Warren Golf Course Trade In Value: dollars($ ) John Deere 7700 Fairway Unit • Model Year 2013 • Approx 3,015 Hours • Serial # 1TC7700XEDY060044 • Located at Gates Park Golf Course Trade In Value: dollars($ ) SIGNED: DATE: / / Page 102 of 255 CITY OF WATERLOO Council Communication Leisure Services 2020 Request for Facility Services. City Council Meeting: 12/16/2019 Prepared: 12/10/2019 REVIEWERS: Department Leisure Services Clerk Office Reviewer Huting, Paul Even, LeAnn ATTACHMENTS: Description ❑ 2020 Request for Facility Services Bid Documents ❑ Bid Tabulation SUBJECT: Submitted by: Recommended Action: Summary Statement: Source of Funds: Background Information: Action Approved Approved Type Cover Memo Backup Material Date 12/10/2019 - 5:00 PM 12/11/2019 - 9:53 AM Motion to receive and file proof of publication and notice of public hearing. HOLD HEARING- No Comments on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid documents, form of contract etc. Resolution Authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids. Resolution awarding contract to Unifirst of Grundy Center, Iowa, and authorizing the Mayor to execute said document. Submitted By: JB Bolger, Golf and Downtown Area Maintenance Manager Award Bid This request for proposal and bid covers facility service items such as rugs, shop rags, towels, mop heads etc. for the following Leisure Services locations: Main Office and Shop, Golf Courses, Sportsplex, and Yong Arena. General fund budgets for Park, Golf Course, Sportsplex, Young Arena. This proposal is to cover Leisure Services facility needs for the 2020 calendar year. Page 103 of 255 CITY OF WATERLOO LEISURE SERVICES 1101 CAMPBELL AVE WATERLOO IA 50701 2020 REQUEST FOR FACILITY SERVICES Request for Proposals Page 104 of 255 CITY OF WATERLOO LEISURE SERVICES COMMISSION 2020 FACILITY SERVICES Waterloo Leisure Services is seeking requests for proposals from facility service providers. Examples of these services include rugs, shop rags, towels, mop heads, etc. RECEIVING OF PROPOSALS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, Waterloo, Iowa, with a deadline of Thursday December 12, 2019 until 1:00pm for the 2020 Request for Facility Services as detailed in the specifications sheet included in this packet. City Hall is located at 715 Mulberry Street, Waterloo, Iowa, 50703. Proposals must be on the Bid Proposal form as included in the packet. OPENING OF PROPOSALS All proposals for the 2020 REQUEST FOR FACILITY SERVICES will be opened at 1:00 p.m. on Thursday December 12, 2019 in the First Floor Conference Room at City Hall. Proposals will be referred to Waterloo Leisure Services for recommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed specifications for the 2020 REQUEST FOR FACILITY SERVICES at 5:30 p.m. on Monday December 16, 2019. The hearing will be held in the Council Chambers in Waterloo City Hall. The specifications documents are on file in the City Clerk's office, 715 Mulberry St. and the Waterloo Leisure Services Commission office, 1101 Campbell Ave., Waterloo, Iowa, for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make an objection at the meeting. When submitting a bid, please note on the lower left hand corner of the envelope: 2020 REQUEST FOR FACILITY SERVICES All proposals must meet or exceed the Specifications provided. Proposals that do not meet or exceed the Specifications will be rejected. All proposal prices are recognized by the City and the facility services provider to be valid irrevocably for a minimum of one hundred twenty (120) days from the calendar date of the Proposal Opening. Page 105 of 255 Standard procedure dictates that the City of Waterloo will accept the lowest responsive, responsible proposal. However, the Facility Services Provider understands that the City reserves the right to reject any proposal that is either considered not to be responsive or not most advantageous to the City. The City of Waterloo, Iowa, reserves the right to accept or reject any and all proposals. Specific questions may be addressed to: Golf Pro Shops: JB Bolger, Golf Manager 1101 Campbell Avenue Waterloo, Iowa 50701 319-291-4370 Cedar Valley Sportsplex: Craig Denner, Facilities Specialist 300 Jefferson Street Waterloo, Iowa 50701 319-291-0165 Young Arena: Chris Dolan, Young Arena Manager 125 Commercial Street Waterloo, Iowa 50703 319-291-4335 Waterloo Leisure Services Office: Travis Nichols, Facilities Manager 1101 Campbell Avenue Waterloo, Iowa 50701 319-291-4370 PROPOSAL DEADLINE: Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, Waterloo, Iowa, with a bid deadline of Thursday December 12, 2019 until 1:OOpm for the 2020 REQUEST FOR FACILITY SERVICES as detailed in the specifications sheet included in this packet. City Hall is located at 715 Mulberry Street, Waterloo, Iowa, 50703. THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS Thank you for your time and your proposal. Page 106 of 255 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION SPECIFICATIONS AND BID PROPOSAL FORM for 2020 FACILITY SERVICES Golf Course Pro Shops & Maintenance Facilities: Delivered every two weeks during golf season Quantities are estimates *South Hills Golf Maintenance Shop 5100 Hess Road Waterloo IA Price Per Unit Continuous Roll Hand towels for restroom (2) $ Cabinet for towels (2) $ 18X18 shop rags (75) $ Laundry bag (1) $ *South Hills Pro Shop 1830 E Shaulis Road Waterloo IA Continuous Roll Hand towels for restroom (12) $ Cabinet for towels (2) $ *Gates Pro Shop 820 East Donald Waterloo IA 3X5 Greeting Mat (2) *Gates Golf Maintenance Shop 830 East Donald Waterloo IA $ Continuous Roll Towels for restroom (2) $ Cabinet for towels (2) $ 18X18 shop rags (75) $ Laundry bag (1) $ Leisure Services Administrative Offices & Shop: Delivered weekly 1101 Campbell Avenue Waterloo IA Quantities are estimates Price Per Unit Dust Mop (1) $ Continuous Roll Hand towels for restrooms (6) $ Cabinet for towels (6) $ 4X6 Rubber Mat (3) $ 3X5 Scraper Mat (1) $ 36 X 36 Fender Seat Cover (4) $ 18 X 18 Shop rags (230) $ Laundry Bag (1) $ Page 107 of 255 Cedar Valley Sportsplex: Delivered weekly 300 Jefferson Street Waterloo IA Quantities are estimates Price Per Unit Dust Mop (4) various floor surfaces $ 3X10 Mat (7) $ 3X5 Scraper Mat (4) $ 4X6 Mat (6) $ Wet Mop Heads (4) $ Winter Mats — used in winter season only, order started and stopped at our request Quantities are estimates 3x10 Mat (22) $ Young Arena: Price Per Unit Delivered weekly 125 Commercial Street Waterloo IA Quantities are estimates Dust Mop (3) $ 4X6 Mat (2) $ Quantities shown in parenthesis are estimated for bidder information. We reserve the right to change quantities at any time throughout the life of the agreement. Pricing listed shall be honored until December 31, 2020. Golf Season and Winter Season are determined by Leisure Services City of Waterloo. COMPANY NAME COMPANY ADDRESS CONTACT NAME CONTACT PHONE NUMBER SIGNED: DATE: / / Page 108 of 255 2020 Request for Facility Services Bid Tab 12/12/19 PRODUCT CINTAS CITY LAUNDRY UNIFIRST ARAMARK Golf Courses-Bi Weekly: Continuous Roll Hand Towels 5.00 3.76 5.00 2.00 Cabinet Rental for Hand Towels 0.00 0.00 0.50 0.25 18X18" Shop Rags 0.13 0.08 0.09 * M 0.05 Laundry Bag Rental 0.00 0.00 0.00 0.05 3'X5' Greeting Mat 3.30 4.69 4.50 3.00 Delivery Fee 0.00 0.00 5.00 Leisure Services Offices & Shop -Weekly Dust Mop 1.44 4.00 1.00 0.50 Continuous Roll Hand Towels 3.50 3.76 5.00 2.00 Cabinet Rental for Hand Towels 0.00 0.00 0.25 0.25 4'X6' Rubber Mat 3.05 8.00 4.50 3.00 3'X5' Scraper Mat 2.07 2.64 1.50 2.50 36"X36" Fender Cover 1.40 1.28 1.00 * 0.50 18"X18" Shop Rags 0.09 0.08 .06 * M 0.05 Laundry Bag Rental 0.00 0.00 0.00 0.05 Delivery Fee 0.00 0.00 5.00 Cedar Valley Sportsplex-Weekly Dust Mop 0.98 4.00 0.98 0.50 3'X10' Mat 3.70 10.00 6.00 4.25 3'X5' Scraper Mat 2.07 2.64 1.50 2.50 4'X6' Mat 3.05 8.00 4.50 3.00 Wet Mop Heads 1.12 3.33 1.00 0.50 3'X10' Winter Mats 3.70 10.00 6.00 4.25 Delivery Fee 0.00 0.00 5.00 Young Arena -Weekly Dust Mop 0.98 4.00 1.00 0.50 4'X6' Mat 3.05 8.00 4.50 3.00 Delivery Fee 0.00 0.00 5.00 Page 109 of 255 2020 Request for Facility Services Bid Tab 12/12/19 * billed 50% Inventory M= Inventory Maintenance 2% @ .75 Page 110 of 255 CITY OF WATERLOO Council Communication Resolution approving a City of Waterloo Merit Pay and Performance Evaluation Policy. City Council Meeting: 12/16/2019 Prepared: 12/9/2019 REVIEWERS: Department Reviewer Action Date Clerk Office Felchle, Kelley Approved 12/9/2019 - 12:41 PM ATTACHMENTS: Description Type ❑ Updated Salary Schedule Backup Material ❑ Policy as proposed Backup Material SUBJECT: Submitted by: Resolution approving a City of Waterloo Merit Pay and Performance Evaluation Policy. Submitted By: Lance Dunn, Human Resources Director and Kelley Felchle, City Clerk Recommended Action: Approval. Page 111 of 255 City of Waterloo Merit Pay and Performance Evaluation Policy Policy approved by Resolution No. 1. Purpose on , 2019. The City of Waterloo seeks to foster a work culture driven by outstanding work performance, accountability, and exceptional service to the public. The purpose of this policy is to establish an annual performance evaluation process for bargaining employees and an annual performance evaluation process for non -bargaining employees tied to merit based pay increases. 2. Scope This policy shall apply to all full and part time employees. Performance based wage increases will not apply to bargaining employees. All bargaining employees will receive wage increases based on bargaining contracts and will receive an annual performance review. 3. Authority to Establish Salaries Non -bargaining employees shall receive a salary as set forth in the salary schedule listed in Appendix A of this policy, except as otherwise provided. Non -bargaining employees' salaries shall be maintained within the range established for the job classification they currently hold. Compensation does not include allowances for travel or other expenses that shall be paid by the City when authorized and approved by the City Council. The salary schedule will be established by the Mayor and Human Resources Director and approved by the City Council. Any modifications needed to the salary schedule due to economic situations will be recommended by the Mayor and Human Resources Director and approved by the City Council. Individual salary increases for non - bargaining employees will be based upon performance, as outlined in this policy. In instances where compression occurs, situations will be evaluated and efforts will be made to maintain an appropriate level of internal equity. Salaries for employees moving to a higher classification will be recommended by the Department Head and approved by the Human Resources Director and Mayor. The salary range for a new classification will be established by the Human Resources Director and Mayor and approved by the City Council. Page 112 of 255 4. Administration of Pay The Human Resources Director shall be responsible for administering salary ranges according to the following provisions: A . Beginning Salary Rate: Upon entrance into city employment, the employee shall be paid at the low end of the salary range of the pay grade to which the position is allocated. Upon recommendation of the Department Head and approval of the Mayor, appointments may be made at ranges above the entry level. Entry level wages for bargaining unit employees will be set in accordance with the applicable bargaining agreement. B. Annual Increases: Annual wage increases for bargaining unit employees will be in accordance with the applicable collective bargaining agreement. Annual salary increases for non -bargaining employees will be based on the employee's performance using the city's performance evaluation form. The Department Head will submit a recommended evaluation form for all non -bargaining employees to the Human Resources Department for final approval. Increases for non -bargaining unit employees will be determined as follows: 1. Unsatisfactory Performance: An employee receiving a rating of Unsatisfactory or below will not receive a pay increase. The employee will be referred to Human Resources for further action, which may include but not be limited to training or placement on a performance improvement plan. and automatically be referred to Human Resources for placement on a Performance Improvement Plan. 2. Needs Improvement: An employee receiving a rating of Needs Improvement will receive an increase that is .5% below the annual salary increase. 3. Meets Expectations: An employee receiving a rating of Meets Expectations will receive the annual salary increase. 4. Exceeds Expectations: An employee receiving a rating of Exceeds Expectations will receive the annual salary increase. C. Additional Pay Increase: Non -bargaining unit employees receiving a rating of Exceeds Expectations may be eligible to receive a bonusa pay increase in addition to the annual salary increase. These circumstances should be reserved for situations of superior performance. The recommendation for .an additional pay increase must be made by the Department Head, approved by the Human Resources Director, and confirmed by the Mayor. Department Heads may be eligible for bonusesadditional pay increases. The Mayor will select and notify the Human Resources Director of which Department Heads have earned i hnnl,':an additional pay increase. D. Merit based pay increases will be effective for July 1 of each year. Page 113 of 255 E. Annual Salary Increase and Pay Scales: Annual wage increases and pay scales for bargaining unit employees will be in accordance with the applicable collective bargaining agreements. The annual salary increase for non -bargaining employees will be determined annually by the Human Resources Director and Chief Financial Officer and approved by the Mayor and confirmed by council. Pay scales for non -bargaining employees will be approved by the city council for a period of two years. F. Non -bargaining employees will be reviewed on the criteria listed in Subsection B using the performance evaluation form. Bargaining employees will not receive merit based wage increases. 5. Evaluations Employee performance will be evaluated at least annually on the employee performance evaluation form. Each non -bargaining employee will complete a self - evaluation prior to the formal evaluation with their supervisor. An essential part of the performance evaluation is the establishment of personal goals. Goal achievement should be linked to individual and departmental performance measures and goals where appropriate. Bargaining employees will not be required to complete a self - evaluation form. All performance evaluations must be submitted to the Human Resources for review and approval. The schedule for completing performance evaluations for bargaining and non -bargaining employees is as follows: A. Bargaining Employees: Evaluations must commence on January 1 and be completed by their supervisor by April 1 of each year. If a collective bargaining agreement's evaluation procedures conflicts with this schedule, the collective bargaining agreement procedure will govern. B. Non -bargaining, Non -department Head Employees: Employees will complete self -evaluations starting September 1 of each year. Performance evaluations will be completed by their supervisor between September 15 and November 1 of each year. C. Department Head: Employees will complete self -evaluations beginning July 1 of each year. Performance evaluations will be completed by the Mayor by September 30 of each year. 6. Performance Improvement Plan Any employee, regardless of whether they are in a bargaining unit or not, who receives "needs improvement" as their overall rating must be placed on a performance improvement plan. The Human Resources Department must be contacted before placing the employee on a performance improvement plan. 7. Evaluation Review Page 114 of 255 A. Department Heads and supervisors will be held accountable for conducting fair, accurate, and equitable ratings of all employees. The Human Resources Department will review and make recommendations for the approval or disapproval on all performance based pay increases. The Mayor will have final approval on all performance evaluations and performance pay increases. B. Employees receiving the highest level of overall performance rating should be reserved for only those employees that routinely out perform all others, or where circumstances during the evaluation period allowed an employee to truly distinguish him/herself. Employees receiving this rating should be a small percentage of the total workforce. If supervisors need assistance in completing the evaluation, they should contact the Human Resources Department for guidance. 8. Complaint Procedure Employee complaints regarding performance evaluations or any other application of this policy may be filed as a grievance in accordance with the appropriate bargaining contract for all bargaining employees. Non -bargaining employees may file complaints regarding performance evaluations or any other application of this policy in accordance with Section 17 of the Fringe Benefits and Policies for Non -Bargaining Regular Employees handbook. 9. Effective Date This policy shall become effective on July 1, 2020. Page 115 of 255 Appendix A Non -Bargaining Unit Salary Schedule Effective Date: PAY GRADE 1 Class Title Minimum Mid -Point Maximum Youth Pavillion Manager (C&A) Hourly $15.00 $19.18 $23.37 Facilities Service Specialist (C&A) Bi-Weekly $1,200.00 $1,534.40 $1,869.60 Technician/Preparator (C&A) Annually $31,200.00 $39,894.40 $48,609.60 Animal Control Services Specialist PAY GRADE 2 Class Title Minimum Mid -Point Maximum Registrar (C&A) Hourly $17.55 $22.72 $27.90 Development Marketing Manager (C&A) Bi-Weekly $1,404.00 $1,817.60 $2,232.00 Facilities Services Manager (C&A) Annually $36,504.00 $47,257.60 $58,032 Facilities Specialist (LS) Aquatics Member Service Specialist (LS)(SP) Customer Service Specialist (LS) (SP) Fitness Specialist (LS) (SP) Recreational Specialist (LS) (YA) PAY GRADE 3 Class Title Minimum Mid -Point Maximum Administrative Secretary Hourly $21.37 $26.90 $32.43 Executive Secretary (Mayor) Bi-Weekly $1,709.60 $2,152.00 $2,594.40 Curator (C&A) Annually $44,449.60 $55,952.00 $67,454.40 Events Coordinator (C&A) Education Coordinator (C&A) Legal Secretary Cable TV Production Asst. (Tech Services) Recreation Bookkeeper (C&A) Project Specialist (CD) Housing Authority Maintenance (HA) Facilities Specialist (LS) Human Rights Specialist Recreational Specialist (LS) Medical Services Specialist (FD) Bookkeeper (Airport) (HA) Rehabilitation Specialist (CD) Assistant Arena Manager (LS) (YA) Permit Writing Specialist (Building Inspection) Office Coordinator/Bookkeeper (LS) (Parks) Page 116 of 255 PAY GRADE 4 Class Title Minimum Mid -Point Maximum Human Resources Specialist (HR) Hourly $25.90 $31.70 $37.50 Housing Coordinator (HA) Bi-Weekly $2,072.00 $2,536.00 $3,000.00 Deputy City Clerk Annually $53,872.00 $65,936.00 $78,000.00 Financial Analyst (Finance) Neighborhood Services Coordinator (CD) Senior Rehabilitation Specialist (CD) WHA Inspector Supervisor (HA) Cable TV Production Coordinator (MIS) Communications Manager (Mayor) Recreation Supervisor (LS) (SP) Community Development Coordinator (CD) Business Office Manager (Library) Information Technology Manager (Library) Youth and Teen Services Manager (Library) Marketing & Volunteer Manager (Library) Adult Services Librarian (Library) PAY GRADE 5 Class Title Minimum Mid -Point Maximum Human Resource Manager Hourly $30.43 $36.50 $42.57 Operations Supervisor -Sanitation (PW) Bi-Weekly $2,434.40 $2,920.00 $3,405.60 Operations Supervisor -Street (PW) Annually $63,294.40 $75,920 $88,545.60 Golf Manager (LS) Regional Training Center Coordinator (FD) Forestry Coordinator (LS) (Parks) Arena Manager (LS) (YA) Facilities Manager (LS) (Parks) Circulation Technical Services Manager (Library) PAY GRADE 6 Class Title Minimum Mid -Point Maximum Culture & Arts Director Hourly $35.50 $41.57 $47.64 City Clerk Bi-Weekly $2,840.00 $3,325.60 $3,811.20 Housing Authority Director (HA) Annually $73,840.00 $86,465.60 $99,091.20 Human Rights Director City Planner (PZ) Traffic Operations Director (PW) Community Development Director (CD) Battalion Chief (FD) Recreation Services Manager (LS) (SP) Building Official (Building/Inspections) PAY GRADE 7 Class Title Minimum Mid -Point Maximum Assistant Leisure Services Director Hourly $40.57 $49.14 $57.71 Assistant Director -Treatment Operations (WM) Bi-Weekly $3,245.60 $3,931.20 $4,616.80 Assistant City Engineer Annually $84,385.60 $102,211.20 $120,036.80 Human Resources Director Page 117 of 255 PAY GRADE 7 CONTINUED Class Title Minimum Mid -Point Maximum Major (PD) Hourly $40.57 $49.14 $57.71 Leisure Services Director Bi-Weekly $3,245.60 $3,931.20 $4,616.80 Waste Management Director Annually $84,385.60 $102,211.20 $120,036.80 Director of Information Technology Police Captain PAY GRADE 8 Class Title Minimum Mid -Point Maximum Chief of Fire Services Hourly $48.14 $57.69 $67.25 Community Planning & Development Director Bi-Weekly $3,851.20 $4,615.20 $5,380.00 Division Manager Public Works Annually $100,131.20 $119,995.20 $139,880.00 Airport Director City Engineer Library Director Police Chief Chief Financial Officer City Attorney Page 118 of 255 CITY OF WATERLOO Council Communication Resolution awarding bid to Bill Colwell Ford of Hudson, Iowa, in the amount of $32,492, for the purchase of one (1) 2020 4WD, 3/4 ton crew cab pickup truck. City Council Meeting: 12/16/2019 Prepared: 12/9/2019 REVIEWERS: Department Reviewer Action Public Works Department Even, LeAnn Approved ATTACHMENTS: Description Type ❑ Bid Tabulation Backup Material SUBJECT: Submitted by: Recommended Action: S uininary Statement: Expenditure Required: Source of Funds: Policy Issue: Date 12/11/2019 - 10:49 AM Resolution awarding bid to Bill Colwell Ford of Hudson, Iowa, in the amount of $32,492, for the purchase of one (1) 2020 4WD, 3/4 ton crew cab pickup truck. Submitted By: Randy Bennett, Public Works Division Manager Approve Resolution This truck will be used to pull the crack sealing unit for pavement preservation. The crew cab will carry the four (4) personnel needed to complete the project. $32,492.00 GO Bond Funding Strategy 3.4 and 3.5 - Identify and implement proven cost and resource saving measures and continue to engage with local public partners to identify cost savings, streamline efforts and improve efficiency to City operation and activities. Page 119 of 255 One (1) new 2020 3/4 Ton, 4WD, Crew Cab Truck with 6.75 inch box, 160 inch wheel base, and gasoline only Bid Tab Estimate: $36,000 Bidder Bid Amount Bill Colwell Hudson, IA $32,492.00 Rydell of Independence Independence, IA $32,716.00 Page 120 of 255 CITY OF WATERLOO Council Communication Resolution approving Agreement with the Iowa Department of Transportation for Iowa's Transportation Alternatives Program Funding, in the amount of eighty percent of eligible project costs up to $459,000, with the City paying the balance in conjunction with the FY 2021 Cedar River Marina and Recreational Trail Enhancements, Contract No. 1011, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 12/16/2019 Prepared: 12/10/2019 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie Rejected 12/10/2019 - 5:27 PM Engineering Ross, Tracia Approved 12/10/2019 - 5:29 PM Engineering Knutson, Jamie Approved 12/10/2019 - 5:41 PM Clerk Office Even, LeAnn Approved 12/11/2019 - 10:19 AM ATTACHMENTS: Description Type ❑ Cont 1011_TAP Agreement Cover Memo SUBJECT: Submitted by: Expenditure Required: Source of Funds: Resolution approving Agreement with the Iowa Department of Transportation for Iowa's Transportation Alternatives Program Funding, in the amount of eighty percent of eligible project costs up to $459,000, with the City paying the balance in conjunction with the FY 2021 Cedar River Marina and Recreational Trail Enhancements, Contract No. 1011, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer TIF Page 121 of 255 September 2018 TAP-U-8155(768)--81-07 20-TAP-120 IOWA DEPARTMENT OF TRANSPORTATION Federal -Aid Agreement for a Iowa's Transportation Alternatives Program (Iowa's TAP) Project Subrecipient: City of Waterloo Subrecipient DUNS Number: 039055830 Project Number(s): TAP-U-8155(768)--8I-07 Iowa DOT Agreement Number: 20-TAP-120 This agreement, made as of the date of the last party's signature below, is between City of Waterloo (hereinafter referred to as Subrecipient) and the Iowa Department of Transportation, the federal pass - through entity (hereinafter referred to as the Department). Iowa Code Sections 306A.7 and 307.44 provide for the Subrecipient and the Department to enter into agreements with each other for the purpose of financing transportation improvement projects in Iowa with federal funds. Federal regulations require federal funds to be administered by the Department. The federal -aid highway funds included in this agreement are jointly implemented by the Federal Highway Administration (FHWA) and the Department. The Subrecipient has received federal funding through the Iowa's Transportation Alternatives Program (Iowa's TAP), which is funded by the Surface Transportation Block Grant Program (STBG), as codified in Section 133 of Title 23, United States Code (U.S.C.), which are hereinafter referred to as STBG funds. The Catalog of Federal Domestic Assistance (CFDA) number and title for this funding is 20.205 Highway Planning and Construction. Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the Department agrees to provide the funding named above to the Subrecipient for the authorized and approved costs for eligible items associated with the project. Under this agreement, the parties further agree as follows: 1. The Subrecipient shall be responsible for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the appropriate contact person. The Department's contact person shall be Mary Stahlhut, Office of Systems Planning, 800 Lincoln Way, Ames, Iowa 50010, 515-239-1369. The Subrecipient's contact person shall be Wayne Castle, PLS, PE, Associate Engineer, City of Waterloo Engineering Dept., 715 Mulberry Street, Waterloo, IA 50703, 319-291-4312. 3. The Subrecipient shall be responsible for the development and completion of the following described project: Cedar River Marina Recreational Trail Enhancements Page 1 of 13 Page 122 of 255 September 2018 TAP-U-8155(768)--81-07 20-TAP-120 4. The Subrecipient shall receive reimbursement for costs of authorized and approved eligible project activities under the Iowa's TAP program from STBG funds. The portion of the project costs reimbursed with STBG funds shall be limited to a maximum of either 80 percent of eligible costs (other than those reimbursed with other federal funds) or the amount listed ($459,000) in the Urban Transportation Planning Affiliation's (RPA 7's) current Transportation Improvement Program (TIP) and approved in the current Statewide Transportation Improvement Program (STIP), whichever is less. Eligible project activities will be as described in Section 133(h) of Title 23, United States Code (U.S.C.), and determined by the Department to be eligible. 5. Eligible project costs in excess of the amount reimbursed by the Department above will be considered the local contribution and may include cash, non -cash or approved state fund contributions, subject to Department approval. The local contribution must equal a minimum of 20 percent of eligible project costs. The subrecipient shall certify to the Department the value of any non -cash contribution to the project prior to it being incurred and in accordance with the procedures outlined in the applicable Instructional Memorandum to Local Public Agencies (I.M.$). The Department retains the sole authority to determine the eligibility and value of the Subrecipient's non -cash contribution for the purposes of this agreement. If the Subrecipient's total cash and non - cash contribution is determined by the Department to be less than that required by this agreement, the Subrecipient shall increase its cash contribution or the grant amount associated with this project shall be reduced accordingly. 6. The Subrecipient must have let the contract or have construction started within two years of October 1, 2019. If the Subrecipient does not do this, they will be in default for which the Department can revoke funding commitments. The Department may approve extensions of this agreement for periods up to six months upon receipt of a written request from the Subrecipient at least sixty (60) days prior to the deadline. 7. If the Subrecipient fails to perform any obligation under this agreement, the Department shall have the right, after first giving thirty (30) days written notice to the Subrecipient by certified mail return receipt requested, to declare any part or all of this agreement in default. The Subrecipient shall have thirty (30) days from date of mailing of the notice to cure the default. If the Recipient cures the default, the Subrecipient shall notify Department no later than five (5) days after cure or before the end of said thirty (30) day period given to cure the default. The Department may thereafter determine whether the default has, in fact, been cured, or whether the Subrecipient remains in default. 8. This agreement may be declared to be in default by the Department if the Department determines that the Subrecipient's application for funding contained inaccuracies, omissions, errors or misrepresentations; or if the Department determines that the project is not developed as described in the application and according to the requirements of this agreement. 9. In the event a default is not cured the Department may do any of the following: a) revoke funding commitments of funds loaned or granted by this agreement; b) seek repayment of funds loaned or granted by this agreement; or c) revoke funding commitments of funds loaned or granted by this agreement and also seek repayment of funds loaned or granted by this agreement. By signing this agreement, the Subrecipient agrees to repay said funding if they are found to be in default. Page 2 of 13 Page 123 of 255 September 2018 TAP-U-8155(768)--81-07 20-TAP-120 Repayment methods may include cash repayment, installment repayments with negotiable interest rates, or other methods as approved by the Department. 10. The Subrecipient shall comply with Exhibit 1, General Agreement Provisions for use of Federal Highway Funds on Non -primary Highways, which is attached hereto and by this reference is incorporated into this agreement. 11. The Subrecipient shall maintain, or cause to be maintained, for the intended public use, the improvement for twenty (20) years from the completion date in a manner acceptable to the Department. 12. This agreement is not assignable without the prior written consent of the Department. 13. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 14. It is the intent of both parties that no third -party beneficiaries be created by this agreement. 15. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same agreement. 16. This agreement and the attached exhibit constitute the entire agreement between the Department and the Subrecipient concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement shall be made in the form of an addendum to this agreement. The addendum shall become effective only upon written approval of the Department and the Subrecipient. Page 3 of 13 Page 124 of 255 September 2018 TAP-U-8155(768)--81-07 20-TAP-120 IN WITNESS WHEREOF, each of the parties hereto has executed this agreement as of the date shown opposite its signature below. SUBRECIPIENT: City of Waterloo By: Date Title: Mayor CERTIFICATION: I, , certify that I am the Clerk of the city, and that (Name of City Clerk) , who signed said Agreement for and on behalf of (Name of Mayor/Signer Above) the city was duly authorized to execute the same by virtue of a formal resolution duly passed and adopted by the city, on the day of Signed: City Clerk of Waterloo, Iowa. IOWA DEPARTMENT OF TRANSPORTATION Planning, Programming and Modal Division 800 Lincoln Way, Ames, Iowa 50010 Tel. 515-239-1664 By: Date , Craig Markley Director Systems Planning Bureau Page 4 of 13 Page 125 of 255 September 2018 TAP-U-8155(768)--81-07 20-TAP-120 EXHIBIT 1 General Agreement Provisions for use of Federal Highway Funds on Non -primary Projects Unless otherwise specified in this agreement, the Subrecipient shall be responsible for the following: 1. General Requirements. a. The Subrecipient shall take the necessary actions to comply with applicable state and federal laws and regulations. To assist the Subrecipient, the Department has provided guidance in the Federal -aid Project Development Guide (Guide) and the Instructional Memorandums to Local Public Agencies (I.M.$) that are referenced by the Guide. Both are available on-line at: http://www.iowadot.gov/local_systems/publications/im/Ipa_ims.htm. The Subrecipient shall follow the applicable procedures and guidelines contained in the Guide and I.M.s in effect at the time project activities are conducted. b. In accordance with Title VI of the Civil Rights Act of 1964 and associated subsequent nondiscrimination laws, regulations, and executive orders, the Subrecipient shall not discriminate against any person on the basis of race, color, national origin, sex, age, or disability. In accordance with Iowa Code Chapter 216, the Subrecipient shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. The Subrecipient agrees to comply with the requirements outlined in I.M. 1.070, Title VI and Nondiscrimination Requirements which includes the requirement to provide a copy of the Subrecipient's Title VI Plan or Agreement and Standard DOT Title VI Assurances to the Department. c. The Subrecipient shall comply with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), the associated Code of Federal Regulations (CFR) that implement these laws, and the guidance provided in I.M. 1.080, ADA Requirements. When bicycle and/or pedestrian facilities are constructed, reconstructed, or altered, the Subrecipient shall make such facilities compliant with the ADA and Section 504 following the requirements set forth in Chapter 12A for sidewalks and Chapter 12B for Bicycle Facilities of the Iowa DOT Design Manual. d. To the extent allowable by law, the Subrecipient agrees to indemnify, defend, and hold the Department harmless from any claim, action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the Department's application review and approval process, plan and construction reviews, and funding participation. e. As required by 2 CFR 200.501 "Audit Requirements", a non-federal entity expending $750,000 or more in federal awards in a year shall have a single or program -specific audit conducted for that year in accordance with the provision of that part. Auditee responsibilities are addressed in Subpart F of 2 CFR 200. The federal funds provided by this agreement shall be reported on the appropriate Schedule of Expenditures of Federal Awards (SEFA) using the Catalog of Federal Domestic Assistance (CFDA) number and title as shown in this agreement. If the Subrecipient will Page 5 of 13 Page 126 of 255 September 2018 TAP-U-8155(768)--81-07 20-TAP-120 pay initial project costs and request reimbursement from the Department, the Subrecipient shall report this project on its SEFA. If the Department will pay initial project costs and then credit those accounts from which initial costs were paid, the Department will report this project on its SEFA. In this case, the Subrecipient shall not report this project on its SEFA. f. The Subrecipient shall supply the Department with all information required by the Federal Funding Accountability and Transparency Act of 2006 and 2 CFR Part 170. g. The Subrecipient shall comply with the following Disadvantaged Business Enterprise (DBE) requirements: i. The Subrecipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any Department -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Subrecipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Department -assisted contracts. ii. The Subrecipient shall comply with the requirements of I.M. 5.010, DBE Guidelines. iii. The Department's DBE program, as required by 49 CFR Part 26 and as approved by the Federal Highway Administration (FHWA), is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Subrecipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). h. Termination of funds. Notwithstanding anything in this agreement to the contrary, and subject to the limitations set forth below, the Department shall have the right to terminate this agreement without penalty and without any advance notice as a result of any of the following: 1) The federal government, legislature or governor fail in the sole opinion of the Department to appropriate funds sufficient to allow the Department to either meet its obligations under this agreement or to operate as required and to fulfill its obligations under this agreement; or 2) If funds are de - appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the Department to make any payment hereunder are insufficient or unavailable for any other reason as determined by the Department in its sole discretion; or 3) If the Department's authorization to conduct its business or engage in activities or operations related to the subject matter of this agreement is withdrawn or materially altered or modified. The Department shall provide the Subrecipient with written notice of termination pursuant to this section. Page 6 of 13 Page 127 of 255 September 2018 TAP-U-8155(768)--81-07 20-TAP-120 2. Programming and Federal Authorization. a. The Subrecipient shall be responsible for including the project in the appropriate Regional Planning Affiliation (RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP). The Subrecipient shall also ensure that the appropriate RPA or MPO, through their TIP submittal to the Department, includes the project in the Statewide Transportation Improvement Program (STIP). lithe project is not included in the appropriate fiscal year of the STIP, federal funds cannot be authorized. b. Before beginning any work for which federal funding reimbursement will be requested, the Subrecipient shall contact the Department to obtain the procedures necessary to secure FHWA authorization. The Subrecipient shall submit a written request for FHWA authorization to the Department. After reviewing the Subrecipient's request, the Department will forward the request to the FHWA for authorization and obligation of federal funds. The Department will notify the Subrecipient when FHWA authorization is obtained. The cost of work performed prior to FHWA authorization will not be reimbursed with federal funds. c. Upon receiving FHWA authorization, the Subrecipient must show federal aid funding activity to receive the programmed amount authorized for the project. If there is no funding activity for nine or more months after the previous activity, the remaining unused programmed amount will be de -obligated from the project and there will be no further federal aid reimbursement issued for the project. If the Subrecipient knows in advance that funding activity will not occur for the nine months, the Contract Administrator needs to be notified to determine if programming of funds can be adjusted or other options can be explored. d. Upon receipt of Federal Highway Administration (FHWA) authorization a Federal Award Identification Number (FAIN) will be assigned to this project by the FHWA based on a methodology that incorporates identifying information about the federal award such as the federal funding program code and the federal project number. This FAIN will be used to identify this project and award on the federal government's listing of financial assistance awards consistent with the Federal Funding Accountability and Transparency Act of 2006 (FFATA) at usaspending.gov. e. A period of performance for this federal funding award will be established at the time of FHWA authorization. The start date of the period of performance will be the FHWA authorization date. The project end date (PED) will be determined according to the methodology in I.M. 1.200, Federal Funds Management. Costs incurred before the start date or after the PED of the period of performance will not be eligible for reimbursement. 3. Federal Participation in Work Performed by Subrecipient Employees. a. If federal reimbursement will be requested for engineering, construction inspection, right-of-way acquisition or other services provided by employees of the Subrecipient, the Subrecipient shall follow the procedures in I.M. 3.330, Federal -aid Participation in In -House Services. Page 7 of 13 Page 128 of 255 September 2018 TAP-U-8155(768)--81-07 20-TAP-120 b. If federal reimbursement will be requested for construction performed by employees of the Subrecipient, the Subrecipient shall follow the procedures in I.M. 6.010, Federal -aid Construction by Local Agency Forces. c. If the Subrecipient desires to claim indirect costs associated with work performed by its employees, the Subrecipient shall prepare and submit to the Department an indirect cost rate proposal and related documentation in accordance with the requirements of 2 CFR 200. Before incurring any indirect costs, such indirect cost proposal shall be certified by the FHWA or the federal agency providing the largest amount of federal funds to the Subrecipient. If approved, the approved indirect cost rate shall be incorporated by means of an addendum to this agreement. 4. Design and Consultant Services a. The Subrecipient shall be responsible for the design of the project, including all necessary plans, specifications, and estimates (PS&E). The project shall be designed in accordance with the design guidelines provided or referenced by the Department in the Guide and applicable I.M.s. b. If the Subrecipient requests federal funds for consultant services, the Subrecipient and the Consultant shall prepare a contract for consultant services in accordance with 23 CFR Part 172. These regulations require a qualifications -based selection process. The Subrecipient shall follow the procedures for selecting and using consultants outlined in I.M. 3.310, Federal -aid Participation in Consultant Costs. c. If Preliminary Engineering (PE) work is federally funded, and if right-of-way acquisition or actual construction of the project is not started by the close of the tenth fiscal year following the fiscal year in which the federal funds were authorized, the Subrecipient shall repay to the Department the amount of federal funds reimbursed to the Subrecipient for such PE work. PE includes work that is part of the development of the PS&E for a construction project. This includes environmental studies and documents, preliminary design, and final design up through and including the preparation of bidding documents. PE does not include other activities that are not intended to lead to a construction project such as planning, conceptual, or feasibility studies. 5. Environmental Requirements and other Agreements or Permits. a. The Subrecipient shall take the appropriate actions and prepare the necessary documents to fulfill the FHWA requirements for project environmental studies including historical/cultural reviews and location approval. The Subrecipient shall complete any mitigation agreed upon in the FHWA approval document. These procedures are set forth in I.M. 3.020, Concept Statement Instructions; 4.020, NEPA Class of Action Process; 4.030, Environmental Data Sheet Instructions; 4.110, Threatened and Endangered Species; and 4.120, Cultural Resource Regulations. b. If farmland is to be acquired, whether for use as project right-of-way or permanent easement, the Subrecipient shall follow the procedures in I.M. 4.170, Farmland Protection Policy Act. Page 8 of 13 Page 129 of 255 September 2018 TAP-U-8155(768)--81-07 20-TAP-120 c. The Subrecipient shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, the Department, or other agencies as required. The Subrecipient shall follow the procedures in I.M. 4.130, 404 Permit Process; 4.140, Storm Water Permits; 4.150, Iowa DNR Floodplain Permits and Regulations; 4.160, Asbestos Inspection, Removal and Notification Requirements; and 4.190, Highway Improvements in the Vicinity of Airports or Heliports. d. In all contracts entered into by the Subrecipient, and all subcontracts, in connection with this project that exceed $100,000, the Subrecipient shall comply with the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all their regulations and guidelines. In such contracts, the Subrecipient shall stipulate that any facility to be utilized in performance of or to benefit from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities or is under consideration to be listed. 6. Right -of -Way, Railroads and Utilities. a. The Subrecipient shall acquire the project right-of-way, whether by lease, easement, or fee title, and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in I.M. 3.600, Right -of -Way Acquisition, and the Department's Office of Right of Way Local Public Agency Manual. The Subrecipient shall contact the Department for assistance, as necessary, to ensure compliance with the required procedures, even if no federal funds are used for right-of-way activities. The Subrecipient shall obtain environmental concurrence before acquiring any needed right-of-way. With prior approval, hardship and protective buying is possible. If the Subrecipient requests federal funding for right-of-way acquisition, the Subrecipient shall also obtain FHWA authorization before purchasing any needed right-of-way. b. If the project right-of-way is federally funded and if the actual construction is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the federal funds were authorized, the Subrecipient shall repay the amount of federal funds reimbursed for right-of-way costs to the Department. c. If a railroad crossing or railroad tracks are within or adjacent to the project limits, the Subrecipient shall obtain agreements, easements, or permits as needed from the railroad. The Subrecipient shall follow the procedures in I.M. 3.670, Work on Railroad Right -of -Way, and I.M. 3.680, Federal -aid Projects Involving Railroads. d. The Subrecipient shall comply with the Policy for Accommodating Utilities on City and County Federal -aid Highway Right of Way for projects on non -primary federal -aid highways. For projects connecting to or involving some work inside the right-of-way for a primary highway, the Subrecipient shall follow the Department's Policy for Accommodating Utilities on Primary Road System. Certain utility relocation, alteration, adjustment, or removal costs to the Subrecipient for the project may be eligible for federal funding reimbursement. The Subrecipient should also use the procedures outlined in I.M. 3.640, Utility Accommodation and Coordination, as a guide to coordinating with utilities. Page 9 of 13 Page 130 of 255 September 2018 TAP-U-8155(768)--81-07 20-TAP-120 e. If the Subrecipient desires federal reimbursement for utility costs, it shall submit a request for FHWA authorization prior to beginning any utility relocation work, in accordance with the procedures outlined in I.M. 3.650, Federal -aid Participation in Utility Relocations. 7. Construction Contract Procurement. The following provisions apply only to projects involving physical construction or improvements to transportation facilities: a. The project plans, specifications, and cost estimate (PS&E) shall be prepared and certified by a professional engineer, architect, or landscape architect, as applicable, licensed in the State of Iowa. b. For projects let through the Department, the Subrecipient shall be responsible for the following: i. Prepare and submit the PS&E and other contract documents to the Department for review and approval in accordance with I.M. 3.700, Check and Final Plans and I.M. 3.500, Bridge or Culvert Plans, as applicable. ii. The contract documents shall use the Department's Standard Specifications for Highway and Bridge Construction. Prior to their use in the PS&E, specifications developed by the Subrecipient for individual construction items shall be approved by the Department. iii. Follow the procedures in I.M. 5.030, Iowa DOT Letting Process, to analyze the bids received, make a decision to either award a contract to the lowest responsive bidder or reject all bids, and if a contract is awarded, execute the contract documents and return to the Department. c. For projects that are let locally by the Subrecipient, the Subrecipient shall follow the procedures in I.M. 5.120, Local Letting Process, Federal -aid. d. The Subrecipient shall forward a completed Project Development Certification (Form 730002) to the Department in accordance with I.M. 5.050, Project Development Certification Instructions. The project shall not receive FHWA authorization for construction or be advertised for bids until after the Department has reviewed and approved the Project Development Certification. e. If the Subrecipient is a city, the Subrecipient shall comply with the public hearing requirements of the Iowa Code Section 26.12. f. The Subrecipient shall not provide the contractor with notice to proceed until after receiving written notice the Department has concurred in the contract award. 8. Construction. a. A full-time employee of the Subrecipient shall serve as the person in responsible charge of the construction project. For cities that do not have any full-time employees, the mayor or city clerk will serve as the person in responsible charge, with assistance from the Department. Page 10 of 13 Page 131 of 255 September 2018 TAP-U-8155(768)--81-07 20-TAP-120 b. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per Iowa Administrative Code 761 Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. c. For projects let through the Department, the project shall be constructed under the Department's Standard Specifications for Highway and Bridge Construction and the Subrecipient shall comply with the procedures and responsibilities for materials testing according to the Department's Materials I.M.s. Available on-line at: http://www.iowadot.gov/erl/current/IM/navigation/nay.htm. d. For projects let locally, the Subrecipient shall provide materials testing and certifications as required by the approved specifications. e. If the Department provides any materials testing services to the Subrecipient, the Department will bill the Subrecipient for such testing services according to its normal policy as per Materials I.M. 103, Inspection Services Provided to Counties, Cities, and Other State Agencies. f. The Subrecipient shall follow the procedures in I.M. 6.000, Construction Inspection, and the Department's Construction Manual, as applicable, for conducting construction inspection activities. 9. Reimbursements. a. After costs have been incurred, the Subrecipient shall submit to the Department periodic itemized claims for reimbursement for eligible project costs. Requests for reimbursement shall be made at least every six months but not more than bi-weekly. b. To ensure proper accounting of costs, reimbursement requests for costs incurred prior to June 30 shall be submitted to the Department by August 1 if possible, but no later than August 15. c. Reimbursement claims shall include a certification that all eligible project costs, for which reimbursement is requested, have been reviewed by an official or governing board of the Subrecipient, are reasonable and proper, have been paid in full, and were completed in substantial compliance with the terms of this agreement. d. Reimbursement claims shall be submitted on forms identified by the Department along with all required supporting documentation. The Department will reimburse the Subrecipient for properly documented and certified claims for eligible project costs. The Department may withhold up to 5% of the federal share of construction costs or 5% of the total federal funds available for the project, whichever is less. Reimbursement will be made either by state warrant or by crediting other accounts from which payment was initially made. If, upon final audit or review, the Department determines the Subrecipient has been overpaid, the Subrecipient shall reimburse the overpaid amount to the Department. After the final audit or review is complete Page 11 of 13 Page 132 of 255 September 2018 TAP-U-8155(768)--81-07 20-TAP-120 and after the Subrecipient has provided all required paperwork, the Department will release the federal funds withheld. e. The total funds collected by the Subrecipient for this project shall not exceed the total project costs. The total funds collected shall include any federal or state funds received, any special assessments made by the Subrecipient (exclusive of any associated interest or penalties) pursuant to Iowa Code Chapter 384 (cities) or Chapter 311 (counties), proceeds from the sale of excess right-of-way, and any other revenues generated by the project. The total project costs shall include all costs that can be directly attributed to the project. In the event that the total funds collected by the Subrecipient do exceed the total project costs, the Subrecipient shall either: i. in the case of special assessments, refund to the assessed property owners the excess special assessments collected (including interest and penalties associated with the amount of the excess), or ii. Refund to the Department all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) within 60 days of the receipt of any excess funds. In return, the Department will either credit reimbursement billings to the FHWA or credit the appropriate state fund account in the amount of refunds received from the Subrecipient. 10. Project Close-out. a. Within 30 days of completion of construction or other activities authorized by this agreement, the Subrecipient shall provide written notification to the Department and request a final audit, in accordance with the procedures in I.M. 6.110, Final Review, Audit, and Close-out Procedures for Federal -aid Projects. Failure to comply with the procedures will result in loss of federal funds remaining to be reimbursed and the repayment of funds already reimbursed. The Subrecipient may be suspended from receiving federal funds on future projects. b. For construction projects, the Subrecipient shall provide a certification by a professional engineer, architect, or landscape architect as applicable, licensed in the State of Iowa, indicating the construction was completed in substantial compliance with the project plans and specifications. c. Final reimbursement of federal funds shall be made only after the Department accepts the project as complete. d. The Subrecipient shall maintain all books, documents, papers, accounting records, reports, and other evidence pertaining to costs incurred for the project. The Subrecipient shall also make these materials available at all reasonable times for inspection by the Department, FHWA, or any authorized representatives of the federal government. Copies of these materials shall be furnished by the Subrecipient if requested. Such documents shall be retained for at least 3 years from the date of FHWA approval of the final closure document. Upon receipt of FHWA approval Page 12 of 13 Page 133 of 255 September 2018 TAP-U-8155(768)--81-07 20-TAP-120 of the final closure document, the Department will notify the Subrecipient of the record retention date. e. The Subrecipient shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the Department and the FHWA. Page 13 of 13 Page 134 of 255 CITY OF WATERLOO Council Communication Resolution approving Agreement with the Iowa Department of Transportation for Iowa's Transportation Alternatives Program Funding, in the amount of eighty percent of eligible project costs up to $474,000 with the City paying the balance, in conjunction with the FY 2021 E. Shaulis Road Trail Extension - Phase II, Contract No. 1012, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 12/16/2019 Prepared: 12/10/2019 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie Rejected 12/10/2019 - 5:27 PM Engineering Ross, Tracia Approved 12/10/2019 - 5:31 PM Engineering Knutson, Jamie Approved 12/10/2019 - 5:42 PM Clerk Office Even, LeAnn Approved 12/11/2019 - 10:20 AM ATTACHMENTS: Description Type ❑ Cont 1012_TAP Agreement Cover Memo SUBJECT: Submitted by: Expenditure Required: Source of Funds: Resolution approving Agreement with the Iowa Department of Transportation for Iowa's Transportation Alternatives Program Funding, in the amount of eighty percent of eligible project costs up to $474,000 with the City paying the balance, in conjunction with the FY 2021 E. Shaulis Road Trail Extension - Phase II, Contract No. 1012, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Matt Schindle, Associate Engineer GO Bonds Page 135 of 255 September 2018 TAP-U-8155(766)--81-07 20-TAP-118 IOWA DEPARTMENT OF TRANSPORTATION Federal -Aid Agreement for a Iowa's Transportation Alternatives Program (Iowa's TAP) Project Subrecipient: City of Waterloo Subrecipient DUNS Number: 039055830 Project Number(s): TAP-U-8155(766)--8I-07 Iowa DOT Agreement Number: 20-TAP-118 This agreement, made as of the date of the last party's signature below, is between City of Waterloo (hereinafter referred to as Subrecipient) and the Iowa Department of Transportation, the federal pass - through entity (hereinafter referred to as the Department). Iowa Code Sections 306A.7 and 307.44 provide for the Subrecipient and the Department to enter into agreements with each other for the purpose of financing transportation improvement projects in Iowa with federal funds. Federal regulations require federal funds to be administered by the Department. The federal -aid highway funds included in this agreement are jointly implemented by the Federal Highway Administration (FHWA) and the Department. The Subrecipient has received federal funding through the Iowa's Transportation Alternatives Program (Iowa's TAP), which is funded by the Surface Transportation Block Grant Program (STBG), as codified in Section 133 of Title 23, United States Code (U.S.C.), which are hereinafter referred to as STBG funds. The Catalog of Federal Domestic Assistance (CFDA) number and title for this funding is 20.205 Highway Planning and Construction. Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the Department agrees to provide the funding named above to the Subrecipient for the authorized and approved costs for eligible items associated with the project. Under this agreement, the parties further agree as follows: 1. The Subrecipient shall be responsible for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the appropriate contact person. The Department's contact person shall be Mary Stahlhut, Office of Systems Planning, 800 Lincoln Way, Ames, Iowa 50010, 515-239-1369. The Subrecipient's contact person shall be Matt Schindel, Associate Engineer, City of Waterloo Engineering Department, 715 Mulberry St, Waterloo, Iowa 50703, Waterloo, Iowa 50703, 319-291-4312. 3. The Subrecipient shall be responsible for the development and completion of the following described project: Shaulis Rd Trail, from Cedar Terrace Dr east 0.72 Miles to Cedar Valley Nature Trail Page 1 of 13 Page 136 of 255 September 2018 TAP-U-8155(766)--81-07 20-TAP-118 4. The Subrecipient shall receive reimbursement for costs of authorized and approved eligible project activities under the Iowa's TAP program from STBG funds. The portion of the project costs reimbursed with STBG funds shall be limited to a maximum of either 80 percent of eligible costs (other than those reimbursed with other federal funds) or the amount listed ($474,000) in the Urban Transportation Planning Affiliation's (RPA 7's) current Transportation Improvement Program (TIP) and approved in the current Statewide Transportation Improvement Program (STIP), whichever is less. Eligible project activities will be as described in Section 133(h) of Title 23, United States Code (U.S.C.), and determined by the Department to be eligible. 5. Eligible project costs in excess of the amount reimbursed by the Department above will be considered the local contribution and may include cash, non -cash or approved state fund contributions, subject to Department approval. The local contribution must equal a minimum of 20 percent of eligible project costs. The subrecipient shall certify to the Department the value of any non -cash contribution to the project prior to it being incurred and in accordance with the procedures outlined in the applicable Instructional Memorandum to Local Public Agencies (I.M.$). The Department retains the sole authority to determine the eligibility and value of the Subrecipient's non -cash contribution for the purposes of this agreement. If the Subrecipient's total cash and non - cash contribution is determined by the Department to be less than that required by this agreement, the Subrecipient shall increase its cash contribution or the grant amount associated with this project shall be reduced accordingly. 6. The Subrecipient must have let the contract or have construction started within two years of October 1, 2019. If the Subrecipient does not do this, they will be in default for which the Department can revoke funding commitments. The Department may approve extensions of this agreement for periods up to six months upon receipt of a written request from the Subrecipient at least sixty (60) days prior to the deadline. 7. If the Subrecipient fails to perform any obligation under this agreement, the Department shall have the right, after first giving thirty (30) days written notice to the Subrecipient by certified mail return receipt requested, to declare any part or all of this agreement in default. The Subrecipient shall have thirty (30) days from date of mailing of the notice to cure the default. If the Recipient cures the default, the Subrecipient shall notify Department no later than five (5) days after cure or before the end of said thirty (30) day period given to cure the default. The Department may thereafter determine whether the default has, in fact, been cured, or whether the Subrecipient remains in default. 8. This agreement may be declared to be in default by the Department if the Department determines that the Subrecipient's application for funding contained inaccuracies, omissions, errors or misrepresentations; or if the Department determines that the project is not developed as described in the application and according to the requirements of this agreement. 9. In the event a default is not cured the Department may do any of the following: a) revoke funding commitments of funds loaned or granted by this agreement; b) seek repayment of funds loaned or granted by this agreement; or c) revoke funding commitments of funds loaned or granted by this agreement and also seek repayment of funds loaned or granted by this agreement. By signing this agreement, the Subrecipient agrees to repay said funding if they are found to be in default. Page 2 of 13 Page 137 of 255 September 2018 TAP-U-8155(766)--81-07 20-TAP-118 Repayment methods may include cash repayment, installment repayments with negotiable interest rates, or other methods as approved by the Department. 10. The Subrecipient shall comply with Exhibit 1, General Agreement Provisions for use of Federal Highway Funds on Non -primary Highways, which is attached hereto and by this reference is incorporated into this agreement. 11. The Subrecipient shall maintain, or cause to be maintained, for the intended public use, the improvement for twenty (20) years from the completion date in a manner acceptable to the Department. 12. This agreement is not assignable without the prior written consent of the Department. 13. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 14. It is the intent of both parties that no third -party beneficiaries be created by this agreement. 15. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same agreement. 16. This agreement and the attached exhibit constitute the entire agreement between the Department and the Subrecipient concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement shall be made in the form of an addendum to this agreement. The addendum shall become effective only upon written approval of the Department and the Subrecipient. Page 3 of 13 Page 138 of 255 September 2018 TAP-U-8155(766)--81-07 20-TAP-118 IN WITNESS WHEREOF, each of the parties hereto has executed this agreement as of the date shown opposite its signature below. SUBRECIPIENT: City of Waterloo By: Date Title: Mayor CERTIFICATION: I, , certify that I am the Clerk of the city, and that (Name of City Clerk) , who signed said Agreement for and on behalf of (Name of Mayor/Signer Above) the city was duly authorized to execute the same by virtue of a formal resolution duly passed and adopted by the city, on the day of Signed: City Clerk of Waterloo, Iowa. IOWA DEPARTMENT OF TRANSPORTATION Planning, Programming and Modal Division 800 Lincoln Way, Ames, Iowa 50010 Tel. 515-239-1664 By: Date , Craig Markley Director Systems Planning Bureau Page 4 of 13 Page 139 of 255 September 2018 TAP-U-8155(766)--81-07 20-TAP-118 EXHIBIT 1 General Agreement Provisions for use of Federal Highway Funds on Non -primary Projects Unless otherwise specified in this agreement, the Subrecipient shall be responsible for the following: 1. General Requirements. a. The Subrecipient shall take the necessary actions to comply with applicable state and federal laws and regulations. To assist the Subrecipient, the Department has provided guidance in the Federal -aid Project Development Guide (Guide) and the Instructional Memorandums to Local Public Agencies (I.M.$) that are referenced by the Guide. Both are available on-line at: http://www.iowadot.gov/local_systems/publications/im/Ipa_ims.htm. The Subrecipient shall follow the applicable procedures and guidelines contained in the Guide and I.M.s in effect at the time project activities are conducted. b. In accordance with Title VI of the Civil Rights Act of 1964 and associated subsequent nondiscrimination laws, regulations, and executive orders, the Subrecipient shall not discriminate against any person on the basis of race, color, national origin, sex, age, or disability. In accordance with Iowa Code Chapter 216, the Subrecipient shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. The Subrecipient agrees to comply with the requirements outlined in I.M. 1.070, Title VI and Nondiscrimination Requirements which includes the requirement to provide a copy of the Subrecipient's Title VI Plan or Agreement and Standard DOT Title VI Assurances to the Department. c. The Subrecipient shall comply with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), the associated Code of Federal Regulations (CFR) that implement these laws, and the guidance provided in I.M. 1.080, ADA Requirements. When bicycle and/or pedestrian facilities are constructed, reconstructed, or altered, the Subrecipient shall make such facilities compliant with the ADA and Section 504 following the requirements set forth in Chapter 12A for sidewalks and Chapter 12B for Bicycle Facilities of the Iowa DOT Design Manual. d. To the extent allowable by law, the Subrecipient agrees to indemnify, defend, and hold the Department harmless from any claim, action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the Department's application review and approval process, plan and construction reviews, and funding participation. e. As required by 2 CFR 200.501 "Audit Requirements", a non-federal entity expending $750,000 or more in federal awards in a year shall have a single or program -specific audit conducted for that year in accordance with the provision of that part. Auditee responsibilities are addressed in Subpart F of 2 CFR 200. The federal funds provided by this agreement shall be reported on the appropriate Schedule of Expenditures of Federal Awards (SEFA) using the Catalog of Federal Domestic Assistance (CFDA) number and title as shown in this agreement. If the Subrecipient will Page 5 of 13 Page 140 of 255 September 2018 TAP-U-8155(766)--81-07 20-TAP-118 pay initial project costs and request reimbursement from the Department, the Subrecipient shall report this project on its SEFA. If the Department will pay initial project costs and then credit those accounts from which initial costs were paid, the Department will report this project on its SEFA. In this case, the Subrecipient shall not report this project on its SEFA. f. The Subrecipient shall supply the Department with all information required by the Federal Funding Accountability and Transparency Act of 2006 and 2 CFR Part 170. g. The Subrecipient shall comply with the following Disadvantaged Business Enterprise (DBE) requirements: i. The Subrecipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any Department -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Subrecipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Department -assisted contracts. ii. The Subrecipient shall comply with the requirements of I.M. 5.010, DBE Guidelines. iii. The Department's DBE program, as required by 49 CFR Part 26 and as approved by the Federal Highway Administration (FHWA), is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Subrecipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). h. Termination of funds. Notwithstanding anything in this agreement to the contrary, and subject to the limitations set forth below, the Department shall have the right to terminate this agreement without penalty and without any advance notice as a result of any of the following: 1) The federal government, legislature or governor fail in the sole opinion of the Department to appropriate funds sufficient to allow the Department to either meet its obligations under this agreement or to operate as required and to fulfill its obligations under this agreement; or 2) If funds are de - appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the Department to make any payment hereunder are insufficient or unavailable for any other reason as determined by the Department in its sole discretion; or 3) If the Department's authorization to conduct its business or engage in activities or operations related to the subject matter of this agreement is withdrawn or materially altered or modified. The Department shall provide the Subrecipient with written notice of termination pursuant to this section. Page 6 of 13 Page 141 of 255 September 2018 TAP-U-8155(766)--81-07 20-TAP-118 2. Programming and Federal Authorization. a. The Subrecipient shall be responsible for including the project in the appropriate Regional Planning Affiliation (RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP). The Subrecipient shall also ensure that the appropriate RPA or MPO, through their TIP submittal to the Department, includes the project in the Statewide Transportation Improvement Program (STIP). lithe project is not included in the appropriate fiscal year of the STIP, federal funds cannot be authorized. b. Before beginning any work for which federal funding reimbursement will be requested, the Subrecipient shall contact the Department to obtain the procedures necessary to secure FHWA authorization. The Subrecipient shall submit a written request for FHWA authorization to the Department. After reviewing the Subrecipient's request, the Department will forward the request to the FHWA for authorization and obligation of federal funds. The Department will notify the Subrecipient when FHWA authorization is obtained. The cost of work performed prior to FHWA authorization will not be reimbursed with federal funds. c. Upon receiving FHWA authorization, the Subrecipient must show federal aid funding activity to receive the programmed amount authorized for the project. If there is no funding activity for nine or more months after the previous activity, the remaining unused programmed amount will be de -obligated from the project and there will be no further federal aid reimbursement issued for the project. If the Subrecipient knows in advance that funding activity will not occur for the nine months, the Contract Administrator needs to be notified to determine if programming of funds can be adjusted or other options can be explored. d. Upon receipt of Federal Highway Administration (FHWA) authorization a Federal Award Identification Number (FAIN) will be assigned to this project by the FHWA based on a methodology that incorporates identifying information about the federal award such as the federal funding program code and the federal project number. This FAIN will be used to identify this project and award on the federal government's listing of financial assistance awards consistent with the Federal Funding Accountability and Transparency Act of 2006 (FFATA) at usaspending.gov. e. A period of performance for this federal funding award will be established at the time of FHWA authorization. The start date of the period of performance will be the FHWA authorization date. The project end date (PED) will be determined according to the methodology in I.M. 1.200, Federal Funds Management. Costs incurred before the start date or after the PED of the period of performance will not be eligible for reimbursement. 3. Federal Participation in Work Performed by Subrecipient Employees. a. If federal reimbursement will be requested for engineering, construction inspection, right-of-way acquisition or other services provided by employees of the Subrecipient, the Subrecipient shall follow the procedures in I.M. 3.330, Federal -aid Participation in In -House Services. Page 7 of 13 Page 142 of 255 September 2018 TAP-U-8155(766)--81-07 20-TAP-118 b. If federal reimbursement will be requested for construction performed by employees of the Subrecipient, the Subrecipient shall follow the procedures in I.M. 6.010, Federal -aid Construction by Local Agency Forces. c. If the Subrecipient desires to claim indirect costs associated with work performed by its employees, the Subrecipient shall prepare and submit to the Department an indirect cost rate proposal and related documentation in accordance with the requirements of 2 CFR 200. Before incurring any indirect costs, such indirect cost proposal shall be certified by the FHWA or the federal agency providing the largest amount of federal funds to the Subrecipient. If approved, the approved indirect cost rate shall be incorporated by means of an addendum to this agreement. 4. Design and Consultant Services a. The Subrecipient shall be responsible for the design of the project, including all necessary plans, specifications, and estimates (PS&E). The project shall be designed in accordance with the design guidelines provided or referenced by the Department in the Guide and applicable I.M.s. b. If the Subrecipient requests federal funds for consultant services, the Subrecipient and the Consultant shall prepare a contract for consultant services in accordance with 23 CFR Part 172. These regulations require a qualifications -based selection process. The Subrecipient shall follow the procedures for selecting and using consultants outlined in I.M. 3.310, Federal -aid Participation in Consultant Costs. c. If Preliminary Engineering (PE) work is federally funded, and if right-of-way acquisition or actual construction of the project is not started by the close of the tenth fiscal year following the fiscal year in which the federal funds were authorized, the Subrecipient shall repay to the Department the amount of federal funds reimbursed to the Subrecipient for such PE work. PE includes work that is part of the development of the PS&E for a construction project. This includes environmental studies and documents, preliminary design, and final design up through and including the preparation of bidding documents. PE does not include other activities that are not intended to lead to a construction project such as planning, conceptual, or feasibility studies. 5. Environmental Requirements and other Agreements or Permits. a. The Subrecipient shall take the appropriate actions and prepare the necessary documents to fulfill the FHWA requirements for project environmental studies including historical/cultural reviews and location approval. The Subrecipient shall complete any mitigation agreed upon in the FHWA approval document. These procedures are set forth in I.M. 3.020, Concept Statement Instructions; 4.020, NEPA Class of Action Process; 4.030, Environmental Data Sheet Instructions; 4.110, Threatened and Endangered Species; and 4.120, Cultural Resource Regulations. b. If farmland is to be acquired, whether for use as project right-of-way or permanent easement, the Subrecipient shall follow the procedures in I.M. 4.170, Farmland Protection Policy Act. Page 8 of 13 Page 143 of 255 September 2018 TAP-U-8155(766)--81-07 20-TAP-118 c. The Subrecipient shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, the Department, or other agencies as required. The Subrecipient shall follow the procedures in I.M. 4.130, 404 Permit Process; 4.140, Storm Water Permits; 4.150, Iowa DNR Floodplain Permits and Regulations; 4.160, Asbestos Inspection, Removal and Notification Requirements; and 4.190, Highway Improvements in the Vicinity of Airports or Heliports. d. In all contracts entered into by the Subrecipient, and all subcontracts, in connection with this project that exceed $100,000, the Subrecipient shall comply with the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all their regulations and guidelines. In such contracts, the Subrecipient shall stipulate that any facility to be utilized in performance of or to benefit from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities or is under consideration to be listed. 6. Right -of -Way, Railroads and Utilities. a. The Subrecipient shall acquire the project right-of-way, whether by lease, easement, or fee title, and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in I.M. 3.600, Right -of -Way Acquisition, and the Department's Office of Right of Way Local Public Agency Manual. The Subrecipient shall contact the Department for assistance, as necessary, to ensure compliance with the required procedures, even if no federal funds are used for right-of-way activities. The Subrecipient shall obtain environmental concurrence before acquiring any needed right-of-way. With prior approval, hardship and protective buying is possible. If the Subrecipient requests federal funding for right-of-way acquisition, the Subrecipient shall also obtain FHWA authorization before purchasing any needed right-of-way. b. If the project right-of-way is federally funded and if the actual construction is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the federal funds were authorized, the Subrecipient shall repay the amount of federal funds reimbursed for right-of-way costs to the Department. c. If a railroad crossing or railroad tracks are within or adjacent to the project limits, the Subrecipient shall obtain agreements, easements, or permits as needed from the railroad. The Subrecipient shall follow the procedures in I.M. 3.670, Work on Railroad Right -of -Way, and I.M. 3.680, Federal -aid Projects Involving Railroads. d. The Subrecipient shall comply with the Policy for Accommodating Utilities on City and County Federal -aid Highway Right of Way for projects on non -primary federal -aid highways. For projects connecting to or involving some work inside the right-of-way for a primary highway, the Subrecipient shall follow the Department's Policy for Accommodating Utilities on Primary Road System. Certain utility relocation, alteration, adjustment, or removal costs to the Subrecipient for the project may be eligible for federal funding reimbursement. The Subrecipient should also use the procedures outlined in I.M. 3.640, Utility Accommodation and Coordination, as a guide to coordinating with utilities. Page 9 of 13 Page 144 of 255 September 2018 TAP-U-8155(766)--81-07 20-TAP-118 e. If the Subrecipient desires federal reimbursement for utility costs, it shall submit a request for FHWA authorization prior to beginning any utility relocation work, in accordance with the procedures outlined in I.M. 3.650, Federal -aid Participation in Utility Relocations. 7. Construction Contract Procurement. The following provisions apply only to projects involving physical construction or improvements to transportation facilities: a. The project plans, specifications, and cost estimate (PS&E) shall be prepared and certified by a professional engineer, architect, or landscape architect, as applicable, licensed in the State of Iowa. b. For projects let through the Department, the Subrecipient shall be responsible for the following: i. Prepare and submit the PS&E and other contract documents to the Department for review and approval in accordance with I.M. 3.700, Check and Final Plans and I.M. 3.500, Bridge or Culvert Plans, as applicable. ii. The contract documents shall use the Department's Standard Specifications for Highway and Bridge Construction. Prior to their use in the PS&E, specifications developed by the Subrecipient for individual construction items shall be approved by the Department. iii. Follow the procedures in I.M. 5.030, Iowa DOT Letting Process, to analyze the bids received, make a decision to either award a contract to the lowest responsive bidder or reject all bids, and if a contract is awarded, execute the contract documents and return to the Department. c. For projects that are let locally by the Subrecipient, the Subrecipient shall follow the procedures in I.M. 5.120, Local Letting Process, Federal -aid. d. The Subrecipient shall forward a completed Project Development Certification (Form 730002) to the Department in accordance with I.M. 5.050, Project Development Certification Instructions. The project shall not receive FHWA authorization for construction or be advertised for bids until after the Department has reviewed and approved the Project Development Certification. e. If the Subrecipient is a city, the Subrecipient shall comply with the public hearing requirements of the Iowa Code Section 26.12. f. The Subrecipient shall not provide the contractor with notice to proceed until after receiving written notice the Department has concurred in the contract award. 8. Construction. a. A full-time employee of the Subrecipient shall serve as the person in responsible charge of the construction project. For cities that do not have any full-time employees, the mayor or city clerk will serve as the person in responsible charge, with assistance from the Department. Page 10 of 13 Page 145 of 255 September 2018 TAP-U-8155(766)--81-07 20-TAP-118 b. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per Iowa Administrative Code 761 Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. c. For projects let through the Department, the project shall be constructed under the Department's Standard Specifications for Highway and Bridge Construction and the Subrecipient shall comply with the procedures and responsibilities for materials testing according to the Department's Materials I.M.s. Available on-line at: http://www.iowadot.gov/erl/current/IM/navigation/nay.htm. d. For projects let locally, the Subrecipient shall provide materials testing and certifications as required by the approved specifications. e. If the Department provides any materials testing services to the Subrecipient, the Department will bill the Subrecipient for such testing services according to its normal policy as per Materials I.M. 103, Inspection Services Provided to Counties, Cities, and Other State Agencies. f. The Subrecipient shall follow the procedures in I.M. 6.000, Construction Inspection, and the Department's Construction Manual, as applicable, for conducting construction inspection activities. 9. Reimbursements. a. After costs have been incurred, the Subrecipient shall submit to the Department periodic itemized claims for reimbursement for eligible project costs. Requests for reimbursement shall be made at least every six months but not more than bi-weekly. b. To ensure proper accounting of costs, reimbursement requests for costs incurred prior to June 30 shall be submitted to the Department by August 1 if possible, but no later than August 15. c. Reimbursement claims shall include a certification that all eligible project costs, for which reimbursement is requested, have been reviewed by an official or governing board of the Subrecipient, are reasonable and proper, have been paid in full, and were completed in substantial compliance with the terms of this agreement. d. Reimbursement claims shall be submitted on forms identified by the Department along with all required supporting documentation. The Department will reimburse the Subrecipient for properly documented and certified claims for eligible project costs. The Department may withhold up to 5% of the federal share of construction costs or 5% of the total federal funds available for the project, whichever is less. Reimbursement will be made either by state warrant or by crediting other accounts from which payment was initially made. If, upon final audit or review, the Department determines the Subrecipient has been overpaid, the Subrecipient shall reimburse the overpaid amount to the Department. After the final audit or review is complete Page 11 of 13 Page 146 of 255 September 2018 TAP-U-8155(766)--81-07 20-TAP-118 and after the Subrecipient has provided all required paperwork, the Department will release the federal funds withheld. e. The total funds collected by the Subrecipient for this project shall not exceed the total project costs. The total funds collected shall include any federal or state funds received, any special assessments made by the Subrecipient (exclusive of any associated interest or penalties) pursuant to Iowa Code Chapter 384 (cities) or Chapter 311 (counties), proceeds from the sale of excess right-of-way, and any other revenues generated by the project. The total project costs shall include all costs that can be directly attributed to the project. In the event that the total funds collected by the Subrecipient do exceed the total project costs, the Subrecipient shall either: i. in the case of special assessments, refund to the assessed property owners the excess special assessments collected (including interest and penalties associated with the amount of the excess), or ii. Refund to the Department all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) within 60 days of the receipt of any excess funds. In return, the Department will either credit reimbursement billings to the FHWA or credit the appropriate state fund account in the amount of refunds received from the Subrecipient. 10. Project Close-out. a. Within 30 days of completion of construction or other activities authorized by this agreement, the Subrecipient shall provide written notification to the Department and request a final audit, in accordance with the procedures in I.M. 6.110, Final Review, Audit, and Close-out Procedures for Federal -aid Projects. Failure to comply with the procedures will result in loss of federal funds remaining to be reimbursed and the repayment of funds already reimbursed. The Subrecipient may be suspended from receiving federal funds on future projects. b. For construction projects, the Subrecipient shall provide a certification by a professional engineer, architect, or landscape architect as applicable, licensed in the State of Iowa, indicating the construction was completed in substantial compliance with the project plans and specifications. c. Final reimbursement of federal funds shall be made only after the Department accepts the project as complete. d. The Subrecipient shall maintain all books, documents, papers, accounting records, reports, and other evidence pertaining to costs incurred for the project. The Subrecipient shall also make these materials available at all reasonable times for inspection by the Department, FHWA, or any authorized representatives of the federal government. Copies of these materials shall be furnished by the Subrecipient if requested. Such documents shall be retained for at least 3 years from the date of FHWA approval of the final closure document. Upon receipt of FHWA approval Page 12 of 13 Page 147 of 255 September 2018 TAP-U-8155(766)--81-07 20-TAP-118 of the final closure document, the Department will notify the Subrecipient of the record retention date. e. The Subrecipient shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the Department and the FHWA. Page 13 of 13 Page 148 of 255 CITY OF WATERLOO Council Communication Resolution approving the Economic Development Assistance Contract with Warren Transport Inc., of Waterloo, Iowa and the Iowa Economic Development Authority for High Quality Jobs Program -Tax Credit Component incentives, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 12/16/2019 Prepared: 12/11/2019 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 12/11/2019 - 10:02 AM Clerk Office Even, LeAnn Approved 12/11/2019 - 10:21 AM ATTACHMENTS: Description Type ❑ Contract Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Resolution approving the Economic Development Assistance Contract with Warren Transport Inc., of Waterloo, Iowa and the Iowa Economic Development Authority for High Quality Jobs Program -Tax Credit Component incentives, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Adopt a resolution to approve the contract. The High Quality Jobs program provides qualifying businesses tax credits and direct financial assistance to off -set some of the costs incurred to locate, expand or modernize an Iowa facility. To qualify for this very flexible assistance package that includes loans, forgivable loans, tax credits, exemptions and/ or refunds, eligible businesses must meet certain wage threshold requirements. Visit wage requirements to view the requirements for wage thresholds. None N/A Policies 1, 3, and 4 in the Strategic Plan dealing with Economic Development. Alternative: NA Eligibility Requirements: • A business must meet wage thresholds requirements. • Actual award amounts will be based on the business's level of need; Page 149 of 255 Background Information: the quality of the jobs; the percentage of created or retained jobs defined as high -quality; and the economic impact of the project. • Created jobs must pay at least 100 percent of the qualifying wage threshold at the start of the project and 120 percent of the qualifying wage threshold by project completion and through the project maintenance period unless in a distressed area. • Retained jobs must pay at least 120 percent of the qualifying wage threshold throughout the project completion and maintenance periods. • The business must provide a sufficient benefits package to all full time employees that includes at least one of the following: o Business pays 80 percent of medical and dental premiums for single coverage plans, OR o Business pays 50 percent of medical and dental premiums for family coverage plans, OR o Business pays for some level of medical and dental coverage and provides the monetary equivalent value through other employee benefits. Tax Incentives: • The State's refundable research activities credit may be increased while the business is participating in the program. • A local property tax exemption of up to 100 percent of the value added to the property to a period not to exceed 20 years may be available. • An investment tax credit equal to a percentage of the qualifying investment, amortized over five years. This tax credit is earned when the corresponding asset is placed in service and can be carried forward for up to seven additional years or until depleted, whichever occurs first. • A refund of state sales, service or use taxes paid to contractors or subcontractors during construction. • For distribution center projects, a refund of sales and use taxes paid on racks, shelving, and conveyor equipment. • To assure your addition/expansion can benefit from this program, businesses must apply prior to the beginning of the project. Legal Descriptions: N/A Page 150 of 255 ECONOMIC DEVELOPMENT ASSISTANCE CONTRACT BY WARREN TRANSPORT INC., THE CITY OF WATERLOO, AND THE IOWA ECONOMIC DEVELOPMENT AUTHORITY CONTRACT NUMBER: 20-HQJP-012 Page 151 of 255 TABLE OF CONTENTS ARTICLE 1: CONTRACT DURATION ARTICLE 2: DEFINITIONS ARTICLE 3: AWARD TERMS ARTICLE 4: CONDITIONS TO DISBURSEMENT OF FUNDS AND ISSUANCE OF TAX CREDIT NUMBER; DISBURSEMENT TERMS ARTICLE 5: SECURITY REQUIREMENTS ARTICLE 6: REPRESENTATIONS AND WARRANTIES ARTICLE 7: COVENANTS OF THE RECIPIENT ARTICLE 8: COVENANTS OF THE COMMUNITY ARTICLE 9: EVENTS OF DEFAULT; NOTICE AND OPPORTUNITY TO CURE; AND REMEDIES AVAILABLE TO IEDA ARTICLE 10: MISCELLANEOUS CONTRACT EXHIBITS Exhibit A - Recipient's Financial Assistance Application (on file with IEDA), Application # BFAA-000259 Exhibit B-1 High Quality Jobs Program - Tax Credit Special Conditions Conditions Exhibit C - Description of the Project and Award Budget Exhibit D - Job Obligations Exhibit E - Reserved Exhibit F - Reserved Contract # 20-HQJP-012 - 2 - Fmt Approved 10/2018 Page 152 of 255 Economic Development Assistance Contract RECIPIENT: COMMUNITY: CONTRACT NUMBER: AWARD DATE: AWARD AMT. — TAX INCENTIVES WARREN TRANSPORT, INC. CITY OF WATERLOO 20-HQJP-012 NOVEMBER 22, 2019 $77,400 This ECONOMIC DEVELOPMENT ASSISTANCE CONTRACT (Contract) is made as of the Contract Effective Date by the Iowa Economic Development Authority (IEDA or Authority), 1963 Bell Avenue, Suite 200, Des Moines, IA 50315, and Warren Transport, Inc. (Recipient), 210 Beck Avenue, Waterloo, IA 50704 and the City of Waterloo (Community), 715 Mulberry Street, Waterloo, IA 50703. WHEREAS, the Recipient submitted an application to IEDA requesting assistance in financing its Project as more fully described in Exhibit C, Description of the Project and Award Budget (the Project); and WHEREAS, the Iowa Economic Development Authority Board (IEDA Board) awarded the Recipient assistance for the Project from the funding sources identified herein (collectively, the Award), all of which are subject to the terms and conditions set forth herein; and NOW THEREFORE, in consideration of the mutual promises contained herein and intending to be legally bound, the Recipient, the Community and IEDA agree to the following terms: Contract # 20-HQJP-012 - 3 - Fmt Approved 10/2018 Page 153 of 255 ARTICLE 1: CONTRACT DURATION This Contract shall be in effect on the Contract Effective Date and shall remain in effect until after completion of each of the following: (a) Through Project Completion Date. Through the Project Completion Period and for a reasonable period of time after Project Completion Date during which IEDA will conduct Project closeout procedures to verify that the Project was completed in compliance with Contract requirements. (b) Through Maintenance Period Completion Date and Contract Closeout. Through the Maintenance Period Completion Date and for a reasonable period of time after Maintenance Period Completion Date during which IEDA will conduct closeout procedures to verify that the Project was maintained in compliance with Contract requirements. (c) Repayment or Payment Obligation. Until all outstanding amounts due to IEDA, if any, are received by IEDA or all outstanding obligations to IEDA are satisfied in full. (d) Contract End Date. Until IEDA has completed Contract closeout procedures and provided Recipient and Community with written Notice of Final Contract Closeout. This Contract shall terminate as of the date stated in the written Notice of Final Contract Closeout. Such date shall be the Contract End Date. ARTICLE 2: DEFINITIONS The following terms apply to this Contract: "Affiliate" means any entity to which any of the following applies: a. Directly, indirectly, or constructively controls another entity. b. Is directly, indirectly or constructively controlled by another entity. c. Is subject to the control of a common entity. A common entity is one which owns directly or individually more than ten percent of the voting securities of the entity. "Award" means any and all assistance provided by IEDA for the Project under this Contract. "Award Date" means the date first stated in this Contract and is the date the IEDA Board approved the award of financial assistance to the Recipient for the Project. "Award Funds" means the cash that is provided by IEDA for this Project as Project Completion Assistance, including loans. "Base Employment Level" means the number of Full -Time Equivalent positions as established by IEDA and Recipient using Recipient's payroll records, as of the date Recipient applied for Tax Incentives or Project Completion Assistance. The number of jobs Recipient has pledged to create and retain shall be in addition to the Base Employment Level. "Benefits" means nonwage compensation provided to an employee. Benefits include medical and dental insurance plans, pension, retirement, and profit-sharing plans, child care services, life insurance coverage, vision insurance coverage, and disability insurance coverage. "Brownfield site" means an abandoned, idled, or underutilized property where expansion or redevelopment is complicated by real or perceived environmental contamination. A brownfield site includes property contiguous with the site on which the property is located. A brownfield site does not include property which has been placed, or is proposed for placement, on the national priorities list established Contract # 20-HQJP-012 - 4 - Fmt Approved 10/2018 Page 154 of 255 pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42, U.S.C. 9601 et seq. In order to administer similar programs in a similar manner, the IEDA will attempt to apply this definition in substantially the same way as similar definitions are applied by the Brownfield Advisory Council established in Iowa code section 15.294 and may consult members of the council or other staff as necessary. "Contract Effective Date" means the latest date on the signature page of this Contract. "Contract End Date" means the date stated in the Notice of Final Contract Closeout issued by IEDA pursuant to Article 1. "Created Job" means a new, permanent, Full -Time Equivalent (FTE) position added to Recipient's payroll in excess of the Base Employment Level at the time of application for Tax Incentives or Project Completion Assistance. "Full -Time Equivalent job, ""FTE, " or `full-time" means the employment of one person: 1. For 8 hours per day for a 5-day, 40-hour workweek for 52 weeks per year, including paid holidays, vacations and other paid leave; or 2. The number of hours or days per week, including paid holidays, vacations and other paid leave, currently established by schedule, custom, or otherwise, as constituting a week of full-time work for the kind of service an individual performs for an employing unit, provided that the number of hours per week is at least 32 hours per week for 52 weeks per year including paid holidays, vacations, and other paid leave. For purposes of this definition, "employment of one person" means the employment of one natural person and does not include "job sharing" or any other means of aggregation or combination of hours worked by more than one natural person. "Grayfield site" means a property meeting all of the following requirements: a. The property has been developed and has infrastructure in place, but the property's current use is outdated or prevents a better or more efficient use of the property. Such property includes vacant, blighted, obsolete, or otherwise underutilized property. b. The property's improvements and infrastructure are at least twenty-five years old and one or more of the following conditions exists: (1) Thirty percent or more of a building located on the property that is available for occupancy has been vacant or unoccupied for a period of twelve months or more. (2) The assessed value of the improvements on the property has decreased by twenty-five percent or more. (3) The property is currently being used as a parking lot. (4) The improvements on the property no longer exist. c. The Authority will attempt to apply this definition in substantially the same manner as similar definitions are applied by the Brownfield Advisory Council established in Iowa code section 15.294. "Job Obligations" means the jobs that must be created or retained as a result of receipt of state or federal financial assistance, Project Completion Assistance, or Tax Incentives from IEDA and that are required to meet the Qualifying Wage Threshold requirements. Recipient's Job Obligations are specified in Exhibit D of this Contract. Jobs that do not meet the Qualifying Wage Threshold requirements shall not be counted toward Recipient's job creation or job retention obligations contained in Exhibit D. The Job Obligations in Exhibit D include Recipient's Base Employment Level and the number of new jobs required to be created above the Base Employment Level. If the Project is a Modernization Project, the Job Obligations will not include Created or Retained Jobs but he Recipient will be required to maintain the Base Employment Leve. Contract # 20-HQJP-012 - 5 - Fmt Approved 10/2018 Page 155 of 255 "Laborshed Wage" means the Qualifying Wage Threshold applicable to Recipient's Project as calculated pursuant to rule 261 IAC 173.2 and 261 IAC chapter 174 and as specified in Exhibit D of this Contract. "Loan " means an Award of assistance with the requirement that the Award be repaid with term, interest rate, and other conditions specified as part of the conditions of the Award. "Loan" includes deferred loans, forgivable loans, and float loans. A "deferred loan" is one for which the payment for principal, interest, or both, is not required for some specified period. A "forgivable loan" is one for which repayment is eliminated in part or entirely if the borrower satisfies specified conditions. A "float loan" means a short-term loan, not to exceed 30 months, made from obligated but unexpended moneys. "Maintenance Period" means the period of time between the Project Completion Date and the Maintenance Period Completion Date. The Project must be maintained in Iowa for this period of time. "Maintenance Period Completion Date" means the date on which the Maintenance Period ends. The specific date on which the Maintenance Period ends is identified in Exhibit D. "Modernization Project" means a Project in which no high quality jobs are created or retained but economic activity is furthered by the qualifying investment and will result in increased skills and wages for the current employees. "Person" means as defined in Article 6.1(g) of this Contract. "Project" means the description of the work and activities to be completed by the Recipient as outlined in Exhibit C - Description of the Project and Award Budget. "Project Completion Assistance" means financial assistance or technical assistance provided to an eligible business in order to facilitate the start-up, location, modernization, or expansion of the business in this state and provided in an expedient manner to ensure the successful completion of the start-up location, modernization, or expansion project. "Project Completion Date" means the date by which the Recipient of incentives or assistance has agreed to meet all the terms and obligations contained in this Contract. The Project Completion Date will be a date by which the project must be completed, all incented jobs must be created or retained, and all other applicable requirements must be met. The specific date on which the project completion period ends is identified in Exhibit D. "Project Completion Period" means the period of time between the Award Date and the Project Completion Date. "Qualing Jobs" are those Created or Retained Jobs that meet or exceed the Qualifying Wage Threshold Requirement established to qualify for program funding for the programs providing assistance to this Project. "Qualifying Wage Threshold" means the Laborshed Wage as calculated by IEDA pursuant to statute and rule for each program under which financial assistance or Tax Incentives for this Project are awarded. The Qualifying Wage Threshold Requirement for this Project is outlined in Exhibit D, Job Obligations. "Recipient's Employment Base" means the number of jobs as stated in Exhibit D — Job Obligations that the Recipient and IEDA have established as the Base Employment Level for this Project. The number of jobs the Recipient has pledged to create shall be in addition to the Recipient's Employment Base. "Retained Job" means an existing job that meets the Qualifying Wage Threshold Requirements and Contract # 20-HQJP-012 - 6 - Fmt Approved 10/2018 Page 156 of 255 would be eliminated or moved to another state if the Project did not proceed in Iowa. "Sufficient Benefits" means that Recipient offers to each Full -Time Equivalent permanent position a benefits package that meets one of the following: 1. Recipient pays 80 percent of the premium costs for a standard medical plan for single employee coverage with the maximum deductible specified for this project in Exhibit D; or 2. Recipient pays 50 percent of the premium costs for a standard medical plan for employee family coverage with the maximum deductible specified for this project in Exhibit D; or 3. Recipient provides medical coverage and pays the monetary equivalent of paragraph "1" or "2" above in supplemental employee benefits. Benefits counted toward monetary equivalent could include medical coverage, dental coverage, vision insurance, life insurance, pension, retirement, 401k, profit sharing, disability insurance, and child care services. "Tax Incentives" means the tax credits, refunds, or exemptions IEDA has awarded for this Project as detailed in Article 3. "Total Project Cost" means the cost incurred by the Recipient to complete the Project as described in Exhibit C. ARTICLE 3: AWARD TERMS 3.1 Total Award Amount. The IEDA Board has approved an Award to the Community and Recipient from the funding sources and in the maximum amounts shown below: TAX INCENTIVES FORM MAXIMUM AMOUNT High Quality Jobs Program Tax Incentives $ 77,400 TOTAL STATE TAX INCENTIVES: $ 77,400 3.2 Terms and Conditions of Award. The terms and conditions of the Award shall be as described in this Contract and the following incorporated exhibit(s): Exhibit B-1 High Quality Jobs Program — Tax Credit Component Special Conditions ARTICLE 4: CONDITIONS TO AWARD; DISBURSEMENT AND ISSUANCE TERMS 4.1 Reserved. 4.2 Tax Incentives —Conditions to Issuance of Tax Credit Number. (a) Tax Credit Number Required to Claim Incentives. Recipient shall not claim the Tax Incentives described in Article 3 until IEDA has issued a tax credit number for this Project and Recipient has undertaken the activities described in this Contract and the applicable law to be eligible for such Tax Incentives. (b) Issuance of Tax Credit Number. Upon satisfaction of the conditions described herein, IEDA will issue a tax credit number to the Recipient for this Project. The tax credit number shall be used in preparing any claims for Tax Incentives. Contract # 20-HQJP-012 - 7 - Fmt Approved 10/2018 Page 157 of 255 (c) Conditions to Issuance of Tax Credit Number. The obligation of IEDA to issue a tax credit number shall be subject to the conditions precedent described in Article 4. (d) Documents Submitted. IEDA shall have received the documents described in section 4.3, properly executed and completed, and approved by IEDA as to form and substance, prior to issuing any tax credit number. 4.3 Documents required. (a) Contract. Fully executed Contract. (b) Incorporation Documents. Copies of the Articles of Incorporation or the Articles of Organization, whichever is appropriate, of the Recipient, certified in each instance by its secretary or assistant secretary. (c) Certificate of Existence; Certificate of Authority. A certificate of existence for the Recipient from the State of incorporation or organization, whichever is appropriate, and a certificate of authority authorizing the Recipient to conduct business in the state of Iowa, if it is not organized or incorporated in Iowa. (d) Results of Lien and Tax Search and Documentation of Satisfactory Credit History. Financing statement, tax and judgment lien search results, in the Recipient's state of incorporation or organization, against the Recipient and/or the property serving as the Recipient's security under this Contract, and documentation of satisfactory credit history of the Recipient and guarantors, as applicable, with no judgments or unsatisfied liens or similar adverse credit actions. (e) Other Required Documents. Such other contracts, instruments, documents, certificates and opinions as IEDA may reasonably request. (f) Solid or Hazardous Waste Audit. To comply with Iowa Code section 15A.1(3)"b," if the Recipient generates solid or hazardous waste, it must either: a) submit a copy of the Recipient's existing in-house plan to reduce the amount of waste and safely dispose of the waste based on an in-house audit conducted within the past 3 years; or b) submit an outline of a plan to be developed in-house; or c) submit documentation that the Recipient has authorized the Iowa Depai Intent of Natural Resources or Iowa Waste Reduction Center to conduct the audit. (g) Release Form — Confidential Tax Information. A signed Authorization for Release of Confidential State Tax Information form to permit IEDA to receive the Recipient's state tax information directly from the Iowa Department of Revenue for the purpose of evaluation and administration of Tax Incentives and other state financial assistance programs. (h) Project Financial Commitments. The Recipient shall have submitted documentation acceptable to IEDA from the funding sources identified in Exhibit A committing to the specified financial involvement in the Project and received the IEDA's approval of the documentation. The documentation shall include the amount, terms and conditions of the financial commitment, as well as any applicable schedules and may include agreements and resolutions to that effect. (i) State Building Code Bureau Approval. If any part of the Award proceeds will be used for the construction of new buildings and if any of the following applies: 1. The building or structure is located in a governmental subdivision which has not adopted a local building code; or Contract # 20-HQJP-012 -8- FmtApproved 10/2018 Page 158 of 255 2. The building or structure is located in a governmental subdivision which has adopted a building code, but the building code is not enforced; or 3. Bidding for construction shall not be conducted prior to obtaining written approval of the final plans by the State Building Code Bureau of the Iowa Department of Public Safety. 4.4 Suspension, Reduction or Delay of Award. Any one or more of the following shall be grounds for IEDA to suspend, delay or reduce the amount of disbursement of Award Funds or delay the issuance of a tax credit number or receipt of Tax Incentives: (a) Suspected event of default. If IEDA believes an event of default has occurred, IEDA has the discretion to temporarily suspend or delay disbursement or issuance of the Award Funds or Tax Incentives while the suspected event of default is being investigated or resolved. (b) Unremedied event of default. Upon the occurrence of an Event of Default, as defined in this Contract, by the Recipient, IEDA may suspend payment or issuance of the Award to the Recipient until such time as the default has been cured. (c) Layoff closure or relocation. In the event the Recipient experiences a layoff within the state of Iowa, relocates, closes any of its Iowa facilities or for Modernization Projects, reduces its Base Employment Level, IEDA has the discretion to reduce or eliminate some or all of the Award. (d) Reduction, discontinuance or alteration of state funding/programs. Any termination, reduction, or delay of funds or Tax Incentives available due, in whole or in part, to (i) lack of, reduction in, or a deappropriation of revenues or Tax Incentives previously appropriated or authorized for this Contract, or (ii) any other reason beyond the IEDA's control may, in the IEDA's discretion, result in the suspension, reduction or delay of Award Fund or authorization or issuance of Tax Incentives to the Recipient. 4.5 Closing Cost Fee. Upon execution of the contract and prior to the issuance of a tax credit number or the disbursement of Award Funds, an eligible business shall remit to the Authority a one-time compliance cost fee in the amount of $500. ARTICLE 5: RESERVED. ARTICLE 6: REPRESENTATIONS AND WARRANTIES 6.1 Representations of Recipient. The Recipient represents and warrants to IEDA as follows: (a) Organization and Qualifications. The Recipient is duly organized, validly existing and in good standing under the state of its incorporation or organization, whichever is appropriate, and is authorized to conduct business in the state of Iowa. The Recipient has full and adequate power to own its property and conduct its business as now conducted, and is duly licensed or qualified and in good standing in each jurisdiction in which the nature of the business conducted by it or the nature of the property owned or leased by it requires such licensing or qualifying, except where the failure to so qualify would not have a material adverse effect on the Recipient's ability to perform its obligations hereunder. (b) Authority and Validity of Obligations. The Recipient has full right and authority to enter into this Contract. The person signing this Contract has full authority on behalf of Recipient to execute this Contract and issue, execute or otherwise secure or deliver any documents or obligations required under this Contract on behalf of the Recipient, and to perform, or cause to be performed, each and all of the obligations under Contract # 20-HQJP-012 - 9 - Fmt Approved 10/2018 Page 159 of 255 the Contract. The Contract delivered by the Recipient has been duly authorized, executed and delivered by the Recipient and constitutes the valid and binding obligations of the Recipient and is enforceable against it in accordance with its terms. This Contract and related documents do not contravene any provision of law or any judgment, injunction, order, or decree binding upon the Recipient or any provision of the corporate governance documents of the Recipient, nor does this Contract contravene or constitute a default under any covenant, indenture or contract of or affecting the Recipient or any of its properties. (c) Affiliates. The Recipient has no Affiliates involved with the Project on the Contract Effective Date. (d) Financial Reports. The balance sheet of the Recipient furnished to IEDA fairly presents its financial condition as of said date and is in conformity with Generally Accepted Accounting Principles (GAAP) applied on a consistent basis. The Recipient has no contingent liabilities which are material to it, other than as indicated on such financial statements or, with respect to future periods, on the financial statements furnished to IEDA. (e) No Material Adverse Change. Since the Award Date, there has been no change or the Recipient foresees no change in the condition (financial or otherwise) of the Recipient or the prospects of the Recipient, except those occurring in the ordinary course of business, none of which individually or in the aggregate has been materially adverse. To the knowledge of the Recipient, there has been no material adverse change in the condition of the Recipient, financial or otherwise, or the prospects of the Recipient. (f) Full Disclosure; Recipient's Financial Assistance Application. The statements and other information furnished to the IEDA by Recipient in its Financial Assistance Application and in connection with the negotiation of this Contract do not contain any untrue statements of a material fact or omit a material fact necessary to make the material statements contained herein or therein not misleading. The IEDA acknowledges that, as to any projections furnished to the IEDA, the Recipient only represents that the same were prepared on the basis of information and estimates it believed to be reasonable. (g) Trademarks, Franchises and Licenses. The Recipient owns, possesses, or has the right to use all necessary patents, licenses, franchises, trademarks, trade names, trade styles, copyrights, trade secrets, knowhow and confidential commercial and proprietary information to conduct its business as now conducted, without known conflict with any patent, license, franchise, trademark, trade name, trade style, copyright or other proprietary right of any other Person. As used in this Contract, "Person" means an individual, partnership, corporation, association, trust, unincorporated organization or any other entity or organization, including a government or agency or political subdivision thereof. (h) Governmental Authority and Licensing. The Recipient has received all licenses, permits, and approvals of all Federal, state, local, and foreign governmental authorities, if any, necessary to conduct its business, in each case where the failure to obtain or maintain the same could reasonably be expected to have a material adverse effect. No investigation or proceeding which, if adversely determined, could reasonably be expected to result in revocation or denial of any material license, permit, or approval is pending or, to the knowledge of the Recipient, threatened. (i) Litigation and Other Controversies. There is no litigation or governmental proceeding pending, nor to the knowledge of the Recipient, threatened, against the Recipient which, if adversely determined would result in any material adverse change in the financial condition, properties, business or operations of the Recipient, nor is the Recipient aware of any existing basis for any such litigation or governmental proceeding. (j) Good Title. The Recipient has good and defensible title to or valid leasehold interests in all of its property involved with the Project including, without limitation, the Secured Property if real property is a Contract # 20-HQJP-012 - 10 - Fmt Approved 10/2018 Page 160 of 255 security for this Contract reflected on the most recent balance sheets furnished to the IEDA, except for sales of assets in the ordinary course of business. (k) Taxes. All tax returns the Recipient is required to file in any jurisdiction have, in fact, been filed, and all taxes, assessments, fees and other governmental charges upon the Recipient or upon any of its property, income or franchises, which are shown to be due and payable in such returns, have been paid, except such taxes, assessments, fees and governmental charges, if any, which are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and as to which adequate reserves established in accordance with GAAP have been provided. The Recipient knows of no proposed additional tax assessment against it for which adequate provisions in accordance with GAAP have not been made on its accounts. Adequate provisions in accordance with GAAP for taxes on the books of the Recipient have been made for all open years, and for their current fiscal period. (1) Other Contracts. The Recipient is not in default under the terms or any covenant, indenture or contract of or affecting the Recipient's business or any of its properties, which default, if uncured, would have a material adverse effect on its financial condition, properties, business or operations. (m) No Event of Default. No Event of Default, as defined in Article 9, has occurred or is continuing. (n) Compliance with Laws. The Recipient is in compliance with the requirements of all federal, state and local laws, rules and regulations applicable to or pertaining to the business operations of the Recipient and laws and regulations establishing quality criteria and standards for air, water, land and toxic or hazardous wastes or substances, non-compliance with which could have a material adverse effect on the financial condition, properties, business or operations of the Recipient. The Recipient has not received notice that its operations are not in compliance with any of the requirements of applicable federal, state or local environmental or health and safety statutes and regulations or are the subject of any governmental investigation evaluating whether any remedial action is needed to respond to a release of any toxic or hazardous waste or substance into the environment, which non-compliance or remedial action could have a material adverse effect on the financial condition, properties, business or operations of the Recipient. (o) Effective Date of Representations and Warranties. The warranties and representations of this Article are made as of the Contract Effective Date and shall be deemed to be renewed and restated by the Recipient at the time each request for disbursement of Award Funds is submitted to IEDA or each time Tax Incentives are claimed by the Recipient. 6.2 Representations of Community. (a) Local Approvals Received; Authority and Validity of Obligations. The Community has secured all necessary local approvals and has full right and authority to enter into this Contract. The person signing this Contract has full authority on behalf of the Community to: 1. Sign this Contract, and 2. Perform each and all of the Community's obligations under this Contract. The Contract delivered by the Community has been duly authorized, executed and delivered by the Community and constitutes the valid and binding obligations of the Community and is enforceable against it in accordance with its terms. This Contract and related documents do not contravene any provision of law or any judgment, injunction, order or decree binding upon the Community or contravene or constitute a default under any covenant, indenture or contract of or affecting the Community or any of its properties. (b) Local Commitment. The Community represents that there are legally enforceable commitments in Contract # 20-HQJP-012 - 11 - Fmt Approved 10/2018 Page 161 of 255 place for the Community local commitment identified for the Project in Exhibit C -Description of the Project and Award Budget. (c) No Material Adverse Change. Since the Award Date, there has been no material adverse change in the Community's ability to perform its obligations under this Contract. (d) Full Disclosure; Community's Financial Assistance Application. The statements and other information furnished to the IEDA by the Community in the Financial Assistance Application and in connection with the negotiation of this Contract do not contain any untrue statements of a material fact or omit a material fact necessary to make the material statements contained herein or therein not misleading. The IEDA acknowledges that, as to any projections furnished to the IEDA, the Community only represents that the same were prepared on the basis of information and estimates it believed to be reasonable. (e) Governmental Authority and Licensing. The Community has received all licenses, permits, and approvals of all federal, state, local, and foreign governmental authorities, if any, necessary to perform its obligations under this Contract. No investigation or proceeding which, if adversely determined, could reasonably be expected to result in revocation or denial of any material license, permit, or approval is pending or, to the knowledge of the Community, threatened. (f) Litigation and Other Controversies. There is no litigation or governmental proceeding pending, nor to the knowledge of the Community, threatened, against the Community which, if adversely determined would result in any material adverse change in the Community's ability to perform under this Contract, nor is the Community aware of any existing basis for any such litigation or governmental proceeding. (g) No Event of Default. No Event of Default by the Community, as defined in Article 9, has occurred or is continuing. (h) Compliance with Laws. The Community is in compliance with the requirements of all federal, state and local laws, rules and regulations applicable to or pertaining to the operations of the Community and laws and regulations establishing quality criteria and standards for air, water, land and toxic or hazardous wastes or substances, non-compliance with which could have a material adverse effect on the financial condition, properties, business or operations of the Community in relation to the Community's ability to perform its obligations under this contract. The Community has not received notice that its operations are not in compliance with any of the requirements of applicable federal, state or local environmental or health and safety statutes and regulations or are the subject of any governmental investigation evaluating whether any remedial action is needed to respond to a release of any toxic or hazardous waste or substance into the environment, which non-compliance or remedial action could have a material adverse effect on the financial condition, properties, business or operations of the Community in relation to the Community's ability to perform its obligations under this contract. (i) Effective Date of Representations and Warranties. The warranties and representations of this Article are made as of the Contract Effective Date. ARTICLE 7: COVENANTS OF THE RECIPIENT For the duration of this Contract, the Recipient covenants to IEDA as follows: 7.1 Project Performance Obligations. (a) Use Award Funds only for Project. The Recipient shall use the Award Funds only for the Project and for the activities described in Exhibit C -Description of the Project and Award Budget and this Contract. Use of the Award Funds shall conform to the Budget for the Project as detailed in Exhibit C -Description Contract # 20-HQJP-012 - 12 - Fmt Approved 10/2018 Page 162 of 255 of the Project and Award Budget. The Recipient represents that there are legally enforceable commitments in place from the funding sources identified for the Project in Exhibit C -Description of the Project and Award Budget. (b) Meet and Maintain Eligibility Requirements. Recipient shall continue to meet and maintain all statutory eligibility requirements for the funding sources providing assistance under this Contract. (c) Project Time Period. This Contract covers the Project time period from the Award Date through the Maintenance Period Completion Date. Recipient shall complete and maintain the Project within the Project time period shown below: COMPLIANCE MEASUREMENT POINT COMPLIANCE MEASUREMENT POINT Award Date Project Completion Period Project Completion Date Maintenance Period Maintenance Period Completion Date Contract Closeout "Award Date" is "Project "Project "Maintenance "Maintenance Period IEDA will conduct the date first Completion Completion Date" is Period" is the Completion Date" is Contract Closeout stated in this Period" is the the date defined in period of time the date defined in procedures after all Contract and is period of time Exhibit D by which between the Exhibit D on which events described in the date the between the Award the Recipient must Project the Maintenance Article 1 have been IEDA Board Date and the complete the Completion Period ends. met. approved the Project Completion Project. Date and the awarding of Date. Maintenance At this point, IEDA "Contract End Date" financial At this point, IEDA Period will review the Project is the date stated in assistance to the will review the Completion to verify that it was IEDA's written Recipient for the Project to verify Date. The maintained in Notice of Final Project. compliance with Project must be compliance with Contract Closeout Contract terms and maintained in Contract terms and that is issued obligations. Iowa for this period of time. obligations. pursuant to Article 1. (d) Complete Project by Project Completion Date. By the Project Completion Date, Recipient shall complete the Project, make the total investment it pledged for the Project and in accordance with the Award Budget as detailed in Exhibit C - Description of the Project and Award Budget, and comply with all other performance requirements described in this Contract. (e) Total Project Costs. By the Project Completion Date, Recipient shall have completed the Project with a Total Project Cost as detailed in Exhibit C - Description of the Project and Award Budget. (f) Maintain Project through Maintenance Period Completion Date. Recipient shall maintain the Project through the Maintenance Period Completion Date. (g) Maintain Project in Iowa During Contract Period. The Recipient shall at all times preserve and maintain its existence as a corporation in good standing and maintain the Project in Iowa. The Recipient will preserve and keep in force and effect all licenses, permits, franchises, approvals, patents, trademarks, trade names, trade styles, copyrights and other proprietary rights necessary to the proper conduct of its respective business. 7.2 Taxes and Insurance. (a) Pay Taxes and Assessments. The Recipient shall duly pay and discharge all taxes, rates, assessments, fees, and governmental charges upon or against its properties, in each case before the same Contract # 20-HQJP-012 - 13 - Fmt Approved 10/2018 Page 163 of 255 become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings and adequate reserves are provided therefore. (b) Maintain Insurance. The Recipient shall insure and keep insured in good and responsible insurance companies all insurable property owned by it which is of a character usually insured by Persons similarly situated and operating like properties against loss or damage from such hazards or risks as are insured by Persons similarly situated and operating like properties, and the Recipient shall insure such other hazards and risks, including employers' and public liability risks in good and responsible insurance companies as and to the extent usually insured by Persons similarly situated and conducting similar business. The Recipient will, upon request of IEDA, furnish a certificate setting forth in summary form the nature and extent of the insurance maintained pursuant to this Article. 7.3 Preserve Project and Protect Security. (a) Maintenance of Properties. The Recipient shall maintain, preserve and keep its properties in good repair, working order and condition, ordinary wear and tear excepted, and will from time to time make all needful and proper repairs, renewals, replacements, additions and betterments thereto so that at all times the efficiency thereof shall be fully preserved and maintained in accordance with prudent business practices. (b) Restrictions on Security. If Security is required pursuant to Article 5 of this Contract, the Recipient shall not, without prior written disclosure to IEDA and prior written consent of IEDA, which shall not be unreasonably withheld, directly or indirectly: 1. Sell, transfer, convey, assign, encumber or otherwise dispose of any of the Secured Property for this Project. 2. Place or permit any restrictions, covenants or any similar limitations on the Secured Property or in the Security Documents for the Project. 3. Remove from the Project site or the State all or any part of the Secured Property. 4. Create, incur or permit to exist any lien of any kind on the Secured Property. 7.4 Recipient Changes. (a) No Changes in Recipient Operations. The Recipient shall not materially change the Project or the nature of the business and activities being conducted or proposed to be conducted by Recipient, as described in the Recipient's approved Financial Assistance Application, Exhibit A of this Contract, unless approved in writing by IEDA prior to the change. (b) Changes in Recipient Ownership, Structure and Control. The Recipient shall not materially change the ownership, structure, or control of the business if it would adversely affect the Project. This includes, but is not limited to, entering into any merger or consolidation with any person, firm or corporation or permitting substantial distribution, liquidation or other disposal of assets directly associated with the Project. Recipient shall provide IEDA with advance notice of any proposed changes in ownership, structure or control. The materiality of the change and whether the change adversely affects the Project shall be as reasonably determined by IEDA. 7.5 Required Reports. (a) Review of Reports. The Recipient shall prepare, sign and submit required reports, in the form and content required by IEDA, as specified in this Contract. Contract # 20-HQJP-012 - 14 - Fmt Approved 10/2018 Page 164 of 255 (b) Reports. The Recipient shall prepare, sign and submit the following reports to the IEDA throughout the Contract period: Report Due Date Annual Project Status Report July 31st for the period ending June 30th The Annual Project Status Report will collect information from the Recipient about the status of the Project. End of Project Report Within 30 days of Project Completion Date The End of Project Report will collect information from the Recipient about the completed Project. End of Maintenance Period Report Within 30 days of the end of the Maintenance Period Completion Date The End of Maintenance Period Report will collect information from the Recipient's continued maintenance of the Project. (c) Additional Reports, Financial Statements as Requested by IEDA. The IEDA reserves the right to require more frequent submission of reports if, in the opinion of the IEDA, more frequent submissions would provide needed information about Recipient's Project performance, or if necessary in order to meet requests from the Iowa General Assembly, the Department of Management or the Governor's office. At the request of IEDA, Recipient shall submit its annual financial statements completed by an independent CPA, or other financial statements including, but not limited to, income, expense, and retained earnings statements. 7.6 Compliance with Laws. (a) State, local and federal laws. Recipient shall comply in all material respects with the requirements of all applicable federal, state and local laws, rules, regulations and orders. (b) Environmental laws. Recipient shall comply in all material respects with all applicable environmental, hazardous waste or substance, toxic substance and underground storage laws and regulations, and the Recipient shall obtain any permits or licenses and shall acquire or construct any buildings, improvements, fixtures, equipment or its property required by reason of any applicable environmental, hazardous waste or substance, toxic substance or underground storage laws or regulations. (c) Nondiscrimination laws. Recipient shall comply in all material respects with all applicable federal, state, and local laws, rules, ordinances, regulations and orders applicable to the prevention of discrimination in employment, including the administrative rules of the Iowa Department of Management and the Iowa Civil Rights Commission which pertain to equal employment opportunity and affirmative action. (d) Worker rights and safety. The Recipient shall comply in all material respects with all applicable federal, state and local laws, rules, ordinances, regulations and orders applicable to worker rights and worker safety. (e) Immigration laws. Recipient shall only employ individuals legally authorized to work in this State. In addition to any and all other applicable penalties provided by current law, all or a portion of the Award is subject to recapture by IEDA if Recipient is found to employ individuals not legally authorized to work in the State of Iowa. Contract # 20-HQJP-012 - 15 - Fmt Approved 10/2018 Page 165 of 255 (f) Compliance with IEDA's Administrative Rules. Recipient shall comply with IEDA's administrative rules for the programs under which assistance is provided to the Project and rules governing administration of this Contract. 7.7 Inspection and Audit. The Recipient shall permit the IEDA and its duly authorized representatives, at such reasonable times and reasonable intervals as the IEDA may designate, to: (a) Conduct site visits and inspect the Project. (b) Audit financial records related to the Project. (c) Examine and make copies of the books of accounts and other financial records of the Recipient related to the Project. (d) Discuss the affairs, finances and accounts of the Recipient with, and to be advised as to the same by, its officers, and independent public accountants. By this provision, the Recipient authorizes such accountants to discuss with the IEDA and the IEDA's duly authorized representatives the finances and affairs of the Recipient. 7.8 Maintenance and Retention of Records. (a) Maintain Accounting Records. The Recipient is required to maintain its books, records and all other evidence pertaining to this Contract in accordance with GAAP and such other procedures specified by IEDA. (b) Access to Records. Records to verify compliance with the terms of this Contract shall be available at all times, and made available to IEDA and its designees at places and times designated by IEDA, for the duration of this Contract and any extensions thereof. Recipient shall make its records available to: (i) IEDA; (ii) IEDA's internal or external auditors, agents and designees; (iii) the Auditor of the State of Iowa; (iv) the Attorney General of the State of Iowa; (v) the Iowa Division of Criminal Investigations and any other applicable law enforcement agencies. (c) Records Retention Period. Recipient shall retain the records for a period of three (3) years from the Contract End Date, unless the records are the subject of an audit, investigation, or administrative or legal proceeding. In those instances, the records shall be retained until the audit, investigation or proceeding has been resolved. 7.9 Required Notices from Recipient to IEDA. (a) Notice of Major Changes. Recipient shall provide IEDA with written notice within thirty (30) days of the occurrence of: (a) any event that has a material adverse effect on Recipient's ability to complete the Project in accordance with the terms of this Contract; (b) the termination of the business conducted at the Project; (c) a material modification of the nature of the business conducted at the Project; and (d) the transfer of the Project or any material interest in the Project in connection with financing or refinancing the Project. (b) Notice of Proceedings. Without limiting Section 7.9(a), Recipient shall promptly provide IEDA with written notice within ten (10) days of the occurrence of any claims, lawsuits, bankruptcy proceedings, or other proceedings brought against Recipient that have a material adverse effect on Recipient's ability to complete the Project in accordance with the terms of this Contract. Contract # 20-HQJP-012 - 16 - Fmt Approved 10/2018 Page 166 of 255 7.10 Indemnification. The Recipient shall indemnify, defend and hold harmless the IEDA; the State of Iowa; its departments, divisions, agencies, sections, commissions, officers, employees and agents from and against all losses, liabilities, penalties, fines, damages and claims ,including taxes, and all related costs and expenses ,including reasonable attorneys' fees and disbursements and costs of investigation, litigation, settlement, judgments, interest and penalties, arising from or in connection with any of the following: (a) Any claim, demand, action, citation or legal proceeding arising out of or resulting from the Project; (b) Any claim, demand, action, citation or legal proceeding arising out of or resulting from a breach by the Recipient of any representation, warranty or covenant made by the Recipient in this Contract; (c) Any claim, demand, action, citation or legal proceeding arising out of or related to occurrences that the Recipient is required to insure against as provided for in this Contract; and (d) Any claim, demand, action, citation or legal proceeding which results from an act or omission of the Recipient or any of its agents in its or their capacity as an employer of a person. 7.11 Repayment of Unallowable Costs. Recipient shall repay any Award received or realized that is determined by IEDA, its auditors, agents or designees, the Auditor of the State of Iowa, or similar authorized governmental entity to be unallowable under the terms of this Contract. 7.12 Reserved. ARTICLE 8: COVENANTS OF THE COMMUNITY For the duration of this Contract, the Community covenants to IEDA as follows: 8.1 Local Match. The Community shall provide the local financial assistance for the Project as described in Exhibit C, Project Description and Award Budget. 8.2 Notice to IEDA. In the event the Community becomes aware of any material alteration in the Project, initiation of any investigation or proceeding involving the Project, any change in the Recipient's ownership, structure or operation, or any other similar occurrence, the Community shall promptly provide written notice to IEDA. ARTICLE 9: DEFAULTS AND REMEDIES 9.1 Default by Recipient. An unremedied Event of Default may result in termination of this Contract and repayment of all or a portion of the Award Funds disbursed to Recipient and the value of the Tax Incentives actually received, plus applicable default interest and costs. (a) Events of Default Any one or more of the following shall constitute an "Event of Default" under this Contract: 1. Nonpayment. Failure to make a payment when due of any Loan or other payment required by this Contract whether by lapse of time, acceleration or otherwise; or 2. Noncompliance with Covenants. Default in the observance or performance of any covenant set forth in Article 7, for more than twenty (20) business days; or 3. Noncompliance with Security Documents. Default in the observance or performance of any Contract # 20-HQJP-012 - 17 - Fmt Approved 10/2018 Page 167 of 255 term of any Security Document if required in Article 5 beyond any applicable grace period set forth therein; or 4. Noncompliance with Contract. Default in the observance or performance of any other provision of this Contract; or 5. Material Misrepresentation. Any representation or warranty made by the Recipient in this Contract or in any statement or certificate furnished by it pursuant to this Contract, or made in Exhibit A, Recipient's Financial Assistance Application, or in connection with any of the above, proves untrue in any material respect as of the date of the issuance or making thereof; or 6. Security Deficiencies. Any of the Security Documents that represent the Security pledged by Recipient to secure this Contract fails for any reason to create a valid and perfected priority security interest in favor of the IEDA; or 7. Judgment. Any judgment or judgments, writ or writs or warrant or warrants of attachment, or any similar process or processes entered or filed against the Recipient or against any of its property and remains unvacated, unbonded or unstayed for a period of 30 days which materially and adversely affects Recipient's ability to perform its obligations under this Contract; or 8. Adverse Change in Financial Condition. Any change occurs in the financial condition of the Recipient which would have a material adverse effect on the ability of the Recipient to perform under this Contract; or 9. Bankruptcy or Similar Proceedings Initiated. Either the Recipient shall (i) have entered involuntarily against it an order for relief under the United States Bankruptcy Code, as amended, (ii) not pay, or admit in writing its inability to pay, its debts generally as they become due, (iii) make an assignment for the benefit of creditors, (iv) apply for, seek, consent to, or acquiesce in, the appointment of a receiver, custodian, trustee, examiner, liquidator or similar official for it or any substantial part of its property, (v) commence any proceeding seeking to have entered against it an order for relief under the United States Bankruptcy Code as amended, to adjudicate it insolvent, or seeking dissolution, winding up, liquidation, reorganization, arrangement, adjustment or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief of debtors or fail to file an answer or other pleading denying the material allegations of any such proceeding filed against it, or (vi) fail to contest in good faith any appointments or proceeding described below; or 10. Appointment of Officials. A custodian, receiver, trustee, examiner, liquidator or similar official is appointed for either the Recipient or any substantial part of any of its respective property, or a proceeding described above is commenced against the Recipient and such appointment continues undischarged or such proceeding continues undismissed or unstayed for a period of sixty (60) days; or 11. Insecurity. IEDA in good faith deems itself insecure and reasonably believes, after consideration of all the facts and circumstances then existing, that the prospect of payment and satisfaction of the obligations under this Contract, or the performance of or observance of the covenants in this Contract, is or will be materially impaired; or 12. Failure to Submit Required Reports. The Recipient fails to submit complete reports by the required due dates as outlined in Article 7; or 13. Layoffs, Relocation or Closure. The Recipient or any Affiliate experiences a layoff or relocates or closes any of its facilities within the state of Iowa. For Modernization Projects, a reduction in the Bse Employment Level; or Contract # 20-HQJP-012 - 18 - Fmt Approved 10/2018 Page 168 of 255 14. Hiring workers not authorized to work in state. The Recipient fails to only employ only individuals legally authorized to work in the state of Iowa. If Recipient is found to knowingly employ individuals not legally authorized to work in the state of Iowa then, in addition to any and all other applicable penalties provided by current law, all or a portion of the assistance received is subject to repayment; or 15. Failure to Maintain Program Eligibility Requirements. Recipient fails to maintain a statutory eligibility requirement for a program providing assistance under this Contract. (b) Notice of Default and Opportunity to Cure. If IEDA has reasonable cause to believe that an Event of Default has occurred under this Contract, IEDA shall issue a written Notice of Default to the Recipient setting forth the nature of the alleged default in reasonable specificity and providing therein a reasonable period of time, which shall not be fewer than thirty (30) days from the date of the Notice of Default, during which the Recipient shall have an opportunity to cure, provided that cure is possible and feasible. (c) Remedies Available to IEDA. When an Event of Default has occurred and is not cured within the required time period, IEDA may, after written notice to Recipient: 1. Terminate this Contract. 2. Suspend or reduce pending and future disbursements. 3. Declare immediately due and payable without further demand, presentment, protest or notice of any kind the principal and any accrued interest on any outstanding Promissory Notes issued pursuant to this Contract, including both principal and interest and all fees, charges and other amounts payable under this Contract. 4. Require repayment of all or a portion of Award Funds disbursed. 5. Revoke or reduce authorized Tax Incentives. 6. Require full repayment of all or a portion of the value of Tax Incentives received. (d) Reserved. (e) Default Interest Rate. If an Event of Default occurs and remains uncured, a default interest rate of 6% shall apply to repayment of amounts due under this Contract. The default interest rate shall accrue from the first date Award Funds are disbursed or Tax Incentives are received. (f) Expenses. The Recipient agrees to pay to the IEDA all expenses reasonably incurred or paid by IEDA, including reasonable attorneys' fees and court costs, in connection with any Default or Event of Default by the Recipient or in connection with the enforcement of any of the terms of this Contract. 9.2 Default by Community. An unremedied Event of Default may result in termination of this Contract and repayment by Community of all or a portion of the pledged local match, plus applicable default interest and costs. (a) Events of Default. Any one or more of the following shall constitute an "Event of Default by Community" under this Contract: 1. Noncompliance with Covenants. Default in the observance or performance of any covenants of the Community set forth in Article 8, for more than five (5) business days; or Contract # 20-HQJP-012 - 19 - Fmt Approved 10/2018 Page 169 of 255 2. Material Misrepresentation. Any representation or warranty made by the Community in this Contract or in any statement or certificate furnished by it pursuant to this Contract, or made by Community in Exhibit A, Recipient's Financial Assistance Application, or in connection with any of the above, proves untrue in any material respect as of the date of the issuance or making thereof. (b) Notice of Default and Opportunity to Cure. If IEDA has reasonable cause to believe that an Event of Default has occurred under this Contract, IEDA shall issue a written Notice of Default to the Community setting forth the nature of the alleged default in reasonable specificity and providing therein a reasonable period of time, which shall not be fewer than thirty (30) days from the date of the Notice of Default, during which the Community shall have an opportunity to cure, provided that cure is possible and feasible. (c) Remedies Available to IEDA. When an Event of Default by Community has occurred and is not cured within the required time period, IEDA may, after written notice to Community: 1. Suspend or reduce pending and future disbursements to Community 2. Require payment by Community of the amount of local financial assistance pledged to the Project but not provided. (d) Expenses. The Community agrees to pay to the IEDA all expenses reasonably incurred or paid by IEDA including reasonable attorneys' fees and court costs, in connection with any Default or Event of Default by the Community or in connection with the enforcement of any of the terms of this Contract. ARTICLE 10: MISCELLANEOUS. 10.1 Choice of Law and Forum; Governing Law. (a) In the event any action or proceeding of a quasi-judicial or judicial nature is commenced arising out of or relating to this Contract, such action or proceeding shall be brought in Des Moines, Iowa, in the Iowa District Court for Polk County, if such court has jurisdiction. If, such court lacks jurisdiction and jurisdiction lies only in a United States District Court, the matter shall be commenced in the United States District Court for the Southern District of Iowa, Central Division. (b) This provision shall not be construed as waiving any immunity to suit or liability, in state or federal court, which may be available to the IEDA, the State of Iowa or its members, officers, employees or agents. (c) This Contract and the rights and duties of the parties hereto shall be governed by, and construed in accordance with, the internal laws of the State of Iowa without giving effect to any conflict of law principles that may require the application of the laws of another jurisdiction. 10.2 Contract Amendments. Neither this Contract nor any documents incorporated by reference in connection with this Contract, may be changed, waived, discharged or terminated orally, except as provided below: (a) Writing required. The Contract may only be amended if done so in writing and signed by all the parties. Examples of situations requiring an amendment include, but are not limited to, time extensions, budget revisions, and significant alterations of existing activities or beneficiaries. (b) IEDA review. Requests to amend this Contract shall be processed by IEDA in compliance with the IEDA's rules and procedures applicable to contract amendments. Contract # 20-HQJP-012 - 20 - Fmt Approved 10/2018 Page 170 of 255 10.3 Notices. Except as otherwise specified herein, all notices hereunder shall be in writing, including, without limitation by fax, and shall be given to the relevant party at its address, e-mail address, or fax number set forth below, or such other address, e-mail address, or fax number as such party may hereafter specify by notice to the other parties provided by United States mail, by fax or by other telecommunication device capable of creating a written record of such notice and its receipt. Notices hereunder shall be addressed: To the Recipient at: Warren Transport, Inc. Keith Grimes 210 Beck Avenue Waterloo, IA 50704 E-mail: kgrimes@warrentransport.com scottfu@ATS-INC.com Telephone: 319.833.2545 To the IEDA at: Iowa Economic Development Authority Compliance 1963 Bell Avenue, Suite 200 Des Moines, Iowa 50315 Attention: Business Development - Compliance E-mail: Compliance@iowaeda.com Telephone: 515.348.6200 Facsimile: 877.631.7575 To the Community at: City of Waterloo Noel Anderson 715 Mulberry Street Waterloo, IA 50703 E-mail: noel.anderson@waterloo-ia.org Telephone: 319.291.4366 Each such notice, request or other communication shall be effective (i) if given by e-mail, when such e- mail is transmitted to the e-mail address specified in this Article and a confirmation of such e-mail has been received by the sender, (ii) if given by mail, five (5) days after such communication is deposited in the mail, certified or registered with return receipt requested, addressed as aforesaid or (iii) if given by any other means, when delivered at the addresses specified in this Article. 10.4 Headings. Article headings used in this Contract are for convenience of reference only and are not a part of this Contract for any other purpose. 10.5 Final Authority. The IEDA shall have the authority to reasonably assess whether the Recipient has complied with the terms of this Contract. Any IEDA determinations with respect to compliance with the provisions of this Contract shall be deemed final determinations pursuant to Iowa Code Chapter 17A, Iowa Administrative Procedure Act. Contract # 20-HQJP-012 - 21 - Fmt Approved 10/2018 Page 171 of 255 10.6 Waivers. No waiver by IEDA of any default hereunder shall operate as a waiver of any other default or of the same default on any future occasion. No delay on the part of the IEDA in exercising any right or remedy hereunder shall operate as a waiver thereof. No single or partial exercise of any right or remedy by IEDA shall preclude future exercise thereof or the exercise of any other right or remedy. 10.7 Counterparts. This Contract may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 10.8 Survival of Representations. All representations and warranties made herein or in any other Contract document or in certificates given pursuant hereto or thereto shall survive the execution and delivery of this Contract and the other Contract documents and shall continue in full force and effect with respect to the date as of which they were made until all of Recipient's obligations or liabilities under this Contract have been satisfied. 10.9 Severability of Provisions. Any provision of this Contract which is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provision in any other jurisdiction. In the event any provision of this Contract is held to be unenforceable as written, but enforceable if modified, then such provision shall be deemed to be amended to such extent as to be enforceable and it shall be enforced to that extent. All rights, remedies and powers provided in this Contract or any other Contract document may be exercised only to the extent that the exercise thereof does not violate any applicable mandatory provisions of law, and all the provisions of this Contract and any other Contract document are intended to be subject to all applicable mandatory provisions of law which may be controlling and to be limited to the extent necessary so that they will not render this Contract or any other Contract document invalid or unenforceable. 10.10 Successors and Assigns. This Contract shall be binding upon the Recipient and IEDA and their respective successors and assigns, and shall inure to the benefit of the IEDA and Recipient and their successors and assigns. 10.11 Nonassignment. This Contract shall not be assigned, in whole or in part, by Recipient unless approved in writing by IEDA. Any attempt by Recipient to assign this Contract other than as permitted herein shall be null and void. 10.12 Termination. This Contract can be terminated under any of the following circumstances: (a) Agreement of the Parties. Upon written agreement of the Recipient, the Community and IEDA. (b) Unremedied Event of Default. As a result of the Recipient's or Community's unremedied Event of Default pursuant to Article 9. (c) Termination or reduction in funding to IEDA. As a result of the termination or reduction of funding to IEDA as provided in Article 4.4(c). 10.13 Documents Incorporated by Reference. The following documents are incorporated by reference and considered an integral part of this Contract: 1. Exhibit A - Recipient's Financial Assistance Application (on file with IEDA), Application # BFAA-000259 2. Exhibit B-1 High -Quality Jobs Program — Tax Credit Component Special Conditions 3. Exhibit C - Description of the Project and Award Budget Contract # 20-HQJP-012 - 22 - Fmt Approved 10/2018 Page 172 of 255 4. Exhibit D - Job Obligations 5. Exhibit E- Reserved 6. Exhibit F - Reserved 10.14 Order of Priority. In the case of any inconsistency or conflict between the specific provisions of this document and the exhibits, the following order of priority shall control: 1. Article 1 - 10 of this Contract. 2. Exhibit A - Recipient's Financial Assistance Application (on file with IEDA), Application # BFAA-000259 3. Exhibit B-1 High -Quality Jobs Program — Tax Credit Component Special Conditions 4. Exhibit C - Description of the Project and Award Budget 5. Exhibit D - Job Obligations 6. Exhibit E - Reserved 7. Exhibit F - Reserved 10.15 Integration. This Contract contains the entire agreement between the Parties relating to the Project. Any representations that may have been made before or after signing this Contract, which are not contained herein, are nonbinding, void and of no effect. None of the Parties has relied on any such prior representation in entering into this Contract. -This space intentionally left blank, signature page follows - Contract # 20-HQJP-012 - 23 - Fmt Approved 10/2018 Page 173 of 255 IN WITNESS WHEREOF in consideration of the mutual covenants set forth above and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the parties have entered into this Contract and have caused their duly authorized representatives to execute this Contract, effective as of the latest date stated below (Contract Effective Date). FOR IEDA: FOR RECIPIENT: BY: BY: Deborah V. Durham, Director Signature Typed Name and Title Date Date FOR THE COMMUNITY: BY: Signature Typed Name and Title Date Contract # 20-HQJP-012 - 24 - Fmt Approved 10/2018 Page 174 of 255 CITY OF WATERLOO Council Communication Resolution approving a Real Estate Purchase Agreement with Hawthorne Properties, in the amount of $95,250 plus up to $5,000 in closing costs, to acquire 725 Glenwood Street and 915 Linden Avenue, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 12/16/2019 Prepared: 12/11/2019 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description ❑ Glenwood Agreement ❑ Linden Agreement ❑ Map of Properties SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Policy Issue: Background Information: Legal Descriptions: Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved Type Backup Material Backup Material Backup Material Date 12/11/2019 - 10:22 AM 12/11/2019 - 10:39 AM Resolution approving a Real Estate Purchase Agreement with Hawthorne Properties, in the amount of $95,250 plus up to $5,000 in closing costs, to acquire 725 Glenwood Street and 915 Linden Avenue, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director Adopt resolution $95,250 in acquisition costs and up to $5,000 in closing costs. Bonds The properties in question are adjacent to the Public Works campus located at 625 Glenwood Street. WILBYS ADDITION LOT 2 & WILBYS ADDITION LOT 10 Page 175 of 255 REAL ESTATE PURCHASE AGREEMENT TO: Hawthorne Rentals, LLC("Seller") FROM: City of Waterloo, Iowa ("Buyer") Buyer hereby offers to buy, and the Seller by its acceptance agrees to sell, the real property situated in Waterloo, Black Hawk County, Iowa, locally known as 725 Glenwood Street, legally described as per the abstract of title, consisting of assessor parcel no(s). 8913-24-476-009; together with any easements and appurtenant servient estates, but subject to any reasonable easements of record for public utilities or roads, any zoning restrictions customary restrictive covenants and mineral reservations of record, if any, herein referred to as the "Property," upon the following terms and conditions: 1. EARNEST MONEY AND PURCHASE PRICE. The Purchase Price shall be $50,250.00, of which $100.00 is on deposit with the law firm of Clark, Butler, Walsh & Hamann, to be held in trust. The entire Purchase Price shall be due and payable in full at closing. If this Agreement is not accepted by Seller or if it is rescinded by Buyer for failure of title or any other reason provided for in this Agreement, then the earnest money held in trust shall be returned to Buyer. 2. POSSESSION AND CLOSING. Possession of the Property shall be delivered to Buyer at closing. Closing shall occur at City Hall, 715 Mulberry Street, Waterloo, within sixty (60) days after approval of this Agreement by the Waterloo City Council, subject to satisfaction of any conditions stated in this Agreement. 3. REAL ESTATE TAXES. Seller shall pay taxes prorated to the closing date in accordance with the provisions of Iowa Code § 427.2, and any unpaid real estate taxes payable in prior years, either paying Buyer, or giving Buyer a credit, for all of such taxes. Buyer shall pay all subsequent real estate taxes. 4. SPECIAL ASSESSMENTS. Seller shall pay at time of closing all installments of special assessments which are a lien on the Property as of closing or which can be verified to be owing as of the closing date but are not yet certified as a lien. Buyer shall pay all other special assessments or installments. 5. RISK OF LOSS AND INSURANCE. Seller agrees to maintain existing insurance to the date of closing and shall bear the risk of loss or damage to the Property to the date of closing. In the event of substantial damage or destruction prior to closing, the Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages or to declare this Agreement null and void. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached. The following items shall not be included: 7. CONDITION OF PROPERTY. The Property as of the date of this Agreement, including buildings, grounds, and all improvements, will be preserved by the Seller in its present condition until closing, ordinary wear and tear excepted. Seller sells the Property "AS 1S" and makes no warranties, expressed or implied, as to the condition of the Property. Page 176 of 255 Within 45 days after the acceptance of this Agreement, Buyer may, at its sole expense, have the property inspected by a person or persons of its choice to determine if there are any environmental or other deficiencies. Seller shall cooperate in providing reasonable access to Buyer's inspectors. Within this same period, the Buyer may notify the Seller in writing of any deficiency. The Seller shall immediately notify the Buyer in writing of what steps, if any, the Seller will take to correct any deficiencies before closing. The Buyer shall then immediately in writing notify the Seller that (1) such steps are acceptable, in which case this Agreement, as so modified, shall be binding upon all parties; or (2) that such steps are not acceptable, in which case this Agreement shall be null and void, and any earnest money shall be returned to Buyer. 8. ABSTRACT AND TITLE. Seller, at its expense, shall obtain from an abstract of title to the Property continued through a date that is within thirty (30) days of the closing, and shall deliver it to Buyer's attorney for examination. It shall show marketable title in Seller in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect the title. If closing is delayed due to Seller's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving ten days' written notice to the other party. The abstract shall become the property of Buyer when the Purchase Price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or its assignees. 9. SURVEY. Buyer may, at Buyer's expense, have the Property surveyed and certified by a registered land surveyor prior to closing if a survey is required by law. If the survey shows an encroachment on the Property or if any improvements located on the Property encroach on lands of others, the encroachments shall be treated as a title defect. 10. ENVIRONMENTAL MATTERS. A. Seller warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks located on the Property, the Property does not contain levels of radon gas, asbestos, or urea - formaldehyde foam insulation which require remediation under current governmental standards, and Seller has done nothing to contaminate the Property with hazardous wastes or substances. Seller warrants that the property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. Any exceptions to the warranties set forth above are fully described on a separate addendum attached hereto. B. Seller hereby represents that, to the best of its knowledge and belief, there is no active or abandoned septic tank or septic system on the property, except as described here: C. Buyer may, at Buyer's expense, have the Property inspected further for the existence of any hazardous materials, substances, or wastes. Seller shall cooperate in providing reasonable access to Buyer's inspectors and engineers. If hazardous materials, substances, or i 2 Page 177 of 255 wastes are discovered on the Property, Buyer's obligation hereunder shall be contingent upon the removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to Buyer. However, in the event Seller is required to expend any sum in excess of $1,000 to remove any hazardous materials, substances, conditions or wastes, Seller shall have the option to cancel this transaction and refund to Buyer all earnest money paid and declare this Agreement null and void. The expense of any action necessary to remove or otherwise make safe any hazardous material, substances, conditions or waste shall be paid by Seller, subject to Seller's right to cancel this transaction as provided above. 11. DEED. Upon payment of the Purchase Price, Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by Buyer. 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Seller, immediately preceding acceptance of the offer, holds title to the Property in joint tenancy with full rights of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the Seller, then the proceeds of this sale, and any continuing or recaptured rights of Seller in the Property, shall belong to Seller as joint tenants with full rights of survivorship and not as tenants in common; and Buyer in the event of death of any Seller, agree to pay any balance of the price due Seller under this contract to the surviving Seller and to accept a deed from the surviving Seller consistent with Paragraph 15. 13. JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a title holder immediately preceding acceptance, executes this Agreement only for the purpose of relinquishing all rights of dower, homestead, and distributive share or in compliance with Section 561.13 of the Code of Iowa and agrees to execute the deed or real estate contract for this purpose. 14. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Property, Seller shall furnish Buyer with a written statement prior to closing from the holder of such lien, showing the correct balance due. 15. USE OF PURCHASE PRICE. At time of settlement, funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 16. 1031 EXCHANGE. N/A. 17. APPROVAL OF COURT. N/A. 18. REMEDIES OF THE PARTIES. A. If Buyer fail to timely perform this Agreement, Seller may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at Seller's option, upon thirty days' written notice of intention to accelerate the payment of the entire balance because of Buyer's default (during which thirty days the default is not corrected), Seller may declare the entire balance immediately due and payable. Thereafter this Agreement may be foreclosed in equity and the Court may appoint a receiver. 3 Page 178 of 255 B. If Seller fails to timely perform this Agreement, Buyer has the right to have all payments made returned to it, or Buyer may require specific performance by Seller. C. Buyer and Seller are also entitled to utilize any and all other remedies or actions at law or in equity available to them, and the prevailing parties shall also be entitled to obtain judgment for costs and attorney fees. 19. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below. Seller: Hawthorne Rentals, LLC PO Box 2341 Waterloo, IA 50704 Buyer: City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attn: Community Planning & Development Director 20. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by Seller and Buyer. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 21. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. 22. ADDITIONAL PROVISIONS AND CONTINGENCIES. A. The parties acknowledge that Buyer is acquiring the Property for community development purposes. Buyer's rights and duties under this Agreement are assignable to any person or entity that will further the community development objectives contemplated by Buyer. B. Notwithstanding any signatures below by representatives of Buyer, this Agreement is expressly subject to approval by the city council of Buyer. C. Closing is contingent upon completion of environmental review and Buyer's receipt of clearance from state/federal agencies as to same. This contingency is material to Buyer's funding for the Property purchase. D. Closing is contingent on Seller terminating all tenancies and removing all occupants and possessions from the Property before Closing. Seller shall indemnify Buyer and hold it 4 Page 179 of 255 harmless with respect to any and all claims of Seller or any third party for loss, damage or destruction of any personal property or fixtures left on the Property after Closing. This provision shall survive the Closing. 23. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the parties, superseding all prior or contemporaneous understandings, negotiations, discussions, or agreements between the parties with respect to the subject matter hereof. 24. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not accepted by Seller on or before November 1, 2019, this Agreement shall be null and void. Dated Accepted by Seller `01 11 /11 BUYER SELLER City of Waterloo, Iowa By: Mayor Attest: City Clerk Hawthorne Rentals, LLC Morgan Iawthorne Page 180 of 255 REAL ESTATE PURCHASE AGREEMENT TO: Hawthorne Rentals, LLC("Seller") FROM: City of Waterloo, Iowa ("Buyer") Buyer hereby offers to buy, and the Seller by its acceptance agrees to sell, the real property situated in Waterloo, Black Hawk County, Iowa, locally known as 915 Linden Street, legally described as per the abstract of title, consisting of assessor parcel no(s). 8913-24-476-004; together with any easements and appurtenant servient estates, but subject to any reasonable easements of record for public utilities or roads, any zoning restrictions customary restrictive covenants and mineral reservations of record, if any, herein referred to as the "Property," upon the following terms and conditions: 1. EARNEST MONEY AND PURCHASE PRICE. The Purchase Price shall be $45,000.00, of which $100.00 is on deposit with the law firm of Clark, Butler, Walsh & Hamann, to be held in trust. The entire Purchase Price shall be due and payable in full at closing. If this Agreement is not accepted by Seller or if it is rescinded by Buyer for failure of title or any other reason provided for in this Agreement, then the earnest money held in trust shall be returned to Buyer. 2. POSSESSION AND CLOSING. Possession of the Property shall be delivered to Buyer at closing. Closing shall occur at City Hall, 715 Mulberry Street, Waterloo, within sixty (60) days after approval of this Agreement by the Waterloo City Council, subject to satisfaction of any conditions stated in this Agreement. 3. REAL ESTATE TAXES. Seller shall pay taxes prorated to the closing date in accordance with the provisions of Iowa Code § 427.2, and any unpaid real estate taxes payable in prior years, either paying Buyer, or giving Buyer a credit, for all of such taxes. Buyer shall pay all subsequent real estate taxes. 4. SPECIAL ASSESSMENTS. Seller shall pay at time of closing all installments of special assessments which are a lien on the Property as of closing or which can be verified to be owing as of the closing date but are not yet certified as a lien. Buyer shall pay all other special assessments or installments. 5. RISK OF LOSS AND INSURANCE. Seller agrees to maintain existing insurance to the date of closing and shall bear the risk of loss or damage to the Property to the date of closing. In the event of substantial damage or destruction prior to closing, the Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages or to declare this Agreement null and void. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached. The following items shall not be included: Fridge, oven & light fixtures. 7. CONDITION OF PROPERTY. The Property as of the date of this Agreement, including buildings, grounds, and all improvements, will be preserved by the Seller in its present condition until closing, ordinary wear and tear excepted. Seller sells the Property "AS IS" and makes no warranties, expressed or implied, as to the condition of the Property. Page 181 of 255 Within 45 days after the acceptance of this Agreement, Buyer may, at its sole expense, have the property inspected by a person or persons of its choice to determine if there are any environmental or other deficiencies. Seller shall cooperate in providing reasonable access to Buyer's inspectors. Within this same period, the Buyer may notify the Seller in writing of any deficiency. The Seller shall immediately notify the Buyer in writing of what steps, if any, the Seller will take to correct any deficiencies before closing. The Buyer shall then immediately in writing notify the Seller that (1) such steps are acceptable, in which case this Agreement, as so modified, shall be binding upon all parties; or (2) that such steps are not acceptable, in which case this Agreement shall be null and void, and any earnest money shall be returned to Buyer. 8. ABSTRACT AND TITLE. Seller, at its expense, shall obtain from an abstract of title to the Property continued through a date that is within thirty (30) days of the closing, and shall deliver it to Buyer's attorney for examination. It shall show marketable title in Seller in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect the title. If closing is delayed due to Seller's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving ten days' written notice to the other party. The abstract shall become the property of Buyer when the Purchase Price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or its assignees. 9. SURVEY. Buyer may, at Buyer's expense, have the Property surveyed and certified by a registered land surveyor prior to closing if a survey is required by law. If the survey shows an encroachment on the Property or if any improvements located on the Property encroach on lands of others, the encroachments shall be treated as a title defect. 10. ENVIRONMENTAL MATTERS. A. Seller warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks located on the Property, the Property does not contain levels of radon gas, asbestos, or urea - formaldehyde foam insulation which require remediation under current governmental standards, and Seller has done nothing to contaminate the Property with hazardous wastes or substances. Seller warrants that the property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. Any exceptions to the warranties set forth above are fully described on a separate addendum attached hereto. B. Seller hereby represents that, to the best of its knowledge and belief, there is no active or abandoned septic tank or septic system on the property, except as described here: C. Buyer may, at Buyer's expense, have the Property inspected further for the existence of any hazardous materials, substances, or wastes. Seller shall cooperate in providing reasonable access to Buyer's inspectors and engineers. If hazardous materials, substances, or 2 Page 182 of 255 wastes are discovered on the Property, Buyer's obligation hereunder shall be contingent upon the removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to Buyer. However, in the event Seller is required to expend any sum in excess of $1,000 to remove any hazardous materials, substances, conditions or wastes, Seller shall have the option to cancel this transaction and refund to Buyer all earnest money paid and declare this Agreement null and void. The expense of any action necessary to remove or otherwise make safe any hazardous material, substances, conditions or waste shall be paid by Seller, subject to Seller's right to cancel this transaction as provided above. 11. DEED. Upon payment of the Purchase Price, Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by Buyer. 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Seller, immediately preceding acceptance of the offer, holds title to the Property in joint tenancy with full rights of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the Seller, then the proceeds of this sale, and any continuing or recaptured rights of Seller in the Property, shall belong to Seller as joint tenants with full rights of survivorship and not as tenants in common; and Buyer in the event of death of any Seller, agree to pay any balance of the price due Seller under this contract to the surviving Seller and to accept a deed from the surviving Seller consistent with Paragraph 15. 13. JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a title holder immediately preceding acceptance, executes this Agreement only for the purpose of relinquishing all rights of dower, homestead, and distributive share or in compliance with Section 561.13 of the Code of Iowa and agrees to execute the deed or real estate contract for this purpose. 14. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Property, Seller shall furnish Buyer with a written statement prior to closing from the holder of such lien, showing the correct balance due. 15. USE OF PURCHASE PRICE. At time of settlement, funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 16. 1031 EXCHANGE. N/A. 17. APPROVAL OF COURT. N/A. 18. REMEDIES OF THE PARTIES. A. If Buyer fail to timely perform this Agreement, Seller may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at Seller's option, upon thirty days' written notice of intention to accelerate the payment of the entire balance because of Buyer's default (during which thirty days the default is not corrected), Seller may declare the entire balance immediately due and payable. Thereafter this Agreement may be foreclosed in equity and the Court may appoint a receiver. 3 Page 183 of 255 B. If Seller fails to timely perform this Agreement, Buyer has the right to have all payments made returned to it, or Buyer may require specific performance by Seller. C. Buyer and Seller are also entitled to utilize any and all other remedies or actions at law or in equity available to them, and the prevailing parties shall also be entitled to obtain judgment for costs and attorney fees. 19. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below. Seller: Hawthorne Rentals, LLC PO Box 2341 Waterloo, IA 50704 Buyer: City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attn: Community Planning & Development Director 20. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by Seller and Buyer. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 21. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. 22. ADDITIONAL PROVISIONS AND CONTINGENCIES. A. The parties acknowledge that Buyer is acquiring the Property for community development purposes. Buyer's rights and duties under this Agreement are assignable to any person or entity that will further the community development objectives contemplated by Buyer. B. Notwithstanding any signatures below by representatives of Buyer, this Agreement is expressly subject to approval by the city council of Buyer. C. Closing is contingent upon completion of environmental review and Buyer's receipt of clearance from state/federal agencies as to same. This contingency is material to Buyer's funding for the Property purchase. D. Closing is contingent on Seller terminating all tenancies and removing all occupants and possessions from the Property before Closing. Seller shall indemnify Buyer and hold it 4 Page 184 of 255 harmless with respect to any and all claims of Seller or any third party for loss, damage or destruction of any personal property or fixtures left on the Property after Closing. This provision shall survive the Closing. 23. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the parties, superseding all prior or contemporaneous understandings, negotiations, discussions, or agreements between the parties with respect to the subject matter hereof. 24. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not accepted by Seller on or before November 11, 2019, this Agreement shall be null and void. Dated \ BUYER City of Waterloo, Iowa By: Accepted by Seller ) D, D SELLER Hawthorne Rentals, LLC By: Mayor Kyle Hawthorne Attest: By: City Clerk 4104) Morg, ,Hawthorne 5 Page 185 of 255 1 irs Cit11 of Waterloo, Iowa W-+E Page 186 of 255 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Amy Wienands Real Estate for the sale of 219 Newell Street, in an amount not to exceed $4,695, and authorizing the Mayor to execute said document. City Council Meeting: 12/16/2019 Prepared: 12/11/2019 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description o Contract o Map SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved Type Backup Material Backup Material Date 12/11/2019 - 10:37 AM 12/11/2019 - 10:38 AM Resolution approving a Professional Services Agreement with Amy Wienands Real Estate for the sale of 219 Newell Street, in an amount not to exceed $4,695, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approval. The City is requesting to enter into a Professional Services Agreement in with Amy Wienands Real Estate not to exceed $5,504.20 for the sale of 219 Newell Street. This property is the home Hawkeye Community College constructed through their Sustainable Construction program in a partnership with the City. Up to $4,695 Bonds Economic Development policy number 1, 3 &4 within the Strategic Plan. MANSONS SECOND ADDITION LOT 13 BLOCK 1 Page 187 of 255 Client Information Sheet Primary Contact Name: Home Phone #: CeII Phone #: Secondary Contact Name: Home Phone #: CeII Phone #: Email Address: Email Address: Birthday: Birthday: I prefer communication through: phone [ 1 text email© Current Address: Future Contact Information Address (if known): Phone (if known): Office Use Only Agent: Lender: Source: Buyer/Seller 0 AMYNDS REAL E S TiENAT E OBSESSIVELY WORKING FOR YOU! Page 188 of 255 98-100 Adopted by the Northeast Iowa Regional Board of REALTORS® (Revised 1/15) LISTING AGREEMENT (RIGHT TO SELL, LEASE, OR RENT REAL ESTATE) 1. THIS AGREEMENT is entered into by and between Seller and Amy Wienands Real Estate hereinafter called Broker/Rea! Estate Company. The term Broker shall include Broker's affiliated Licensees. The term Seller shall include Owner, Landlord or Optional-. The term Buyer shall include Buyer, Tenant, or Optionee. The terms sell and sale shall include sell, lease, rent, exchange, or option. Seller or Seller's duly authorized agent, whose signature appears below, hereby grants to the undersigned Broker, the exclusive right to sell, lease or rent The Property Known As 219 Newell St. Waterloo, IA 50703 12/12/19 5/12/20 For Period Beginning and Ending or such other price and terms that are acceptable to the Seller. For $ 149,900 Other Terms and/or Conditions: 2. PROFESSIONAL SERVICE FEE. 3 (%) of the sales price shall be paid to Broker if; a. Broker procures a Buyer during the listing period ready, willing and able to purchase at the above price and terms, or any other price and terms agreeable to Seller, or; b. Seller or anyone else sells, exchanges, leases, rents or otherwise transfers the property during the listing period at any price or on any terms, or; c. Seller prevents the sale of this property by any adverse action, such as prohibiting the Buyer from making improvements to the property required of the Buyer prior to settlement by a lender, or by attempting to cancel this agreement. The Professional Service Fee shall be payable In cash in the county and state where Broker has his principal office, at the time of the transaction settlement. Seller authorizes Broker or closing agent to pay Broker from Seller's proceeds of the sale. or, d. Before the termination of this Listing Agreement, Broker provides Seller the names and adc' of persons to whom the property was presented during the listing period or any extension thereof, and if within 30 days (protection period) after the expiration of this listing or any extension thereof, Seller executes a Purchase Agreement with any person on the above referenced list period. However, Seller shall not be obligated to pay such compensation if a valid Listing Agreement is entered into during the term of said protection period. e. LEASE AGENCY. Shill dd tha oroperty or any part be leased to a tenant nrocutred by Broker or any other Broker a Professional Service Fee of _%) of the base term of the lease and ;%) of the renewals. The fees are due one-half upon lease signing and one-half upon lease commencement. During the lease (or extensions), should the ten- ant purchase this subject property, I agree to pay the sales Professional Service Fee as outlined above, less the leasing Professional Service Fee already paid for the unexpired term of the lease. Should the tenant lease additional space from the Owner during the term of any lease resulting from this Listing Agreement, Owner agrees to pay Broker an additional (%) on the base lease for said additional space. Broker, upon execution of any lease, may record an affidavit setting forth its right to additional Professional Service Fees upon any renewals, exercised options, extensions, additions to the lease or purchase of the Property, which affidavit shall be binding upon the heirs, personal representatives, succes- sors and assigns of the Owner. f. BUSINESS SALE. I agree to pay to Broker (%) of the SALE PRICE and to promptly execute to the Buyer and deliver to the Buyer a Bill of Sale (or other reasonable evidence of title or ownership) covering all personal property or enter into a contract for Bill of Sale. Page 1 of 3 Page 189 of 255 aotioop signature venncation: oop usi 98-100 (Revised 1/15) Property Known As: 219 Newell St. Waterloo, IA 50703 3. COOPERATIVE BROKERAGE COMPENSATION. Seller agrees that Broker may cooperate with other Brokers and offer compensatia^ inr.Iii,inn Clr-Lcrs solely representing the Buyers. Broker agrees to pay _3°'0 to cooperating MLS Brokers. Broker shall disclose to Owner, in writing, any policy that would limit the participation of any other brokerage. 4. MULTIPLE LISTING SERVICE (MLS) AUTHORITY. Seller authorizes Broker to process, advertise and distribute information about the property through the Northeast Iowa Regional Board of REALTORS® Multiple Listing Service to its subscribers within forty-eight (48) hours. Seller authorizes Broker to release all information regarding the completed sale of the property to the Northeast Iowa Regional Board of REALTORS® Multiple Listing Service. 5. ACCESS AUTHORIZATION/INSURANCE LIABILITY. While the described property is listed for sale with the Broker, it is agreed that such property is not considered to be in the care, custody or control of the Broker, Licensees or employees. Seller authorizes Broker to allow access to the property at reasonable hours by Licensees, MLS Subscribers, and other persons including but not limited to appraisers, inspectors and utility company personnel, as necessary to complete the sale. Seller shall maintain in force adequate insurance to protect Seller in the event of any damage, loss or claims arising from access to the property and/or liability for personal injury and agrees to hold the Broker harmless therefrom. 6. PROPERTY DISCLOSURES. Seller agrees to provide a signed Seller Disclosure of Property Condition and a Lead Based Paint Disclosure if required by lowa Code Chapter 543 B. Seller agrees to indemnify Broker from all damages that may arise out of undisclosed or incorrect facts or statements of Seller. The Seller acknowledges that the Seller has a legal duty to disclose to any proposed Buyer any material defects of which the Seller has actual knowledge and which a reasonable inspection by the proposed Buyer would not reveal. 7. TITLE. Seller agrees to convey the property by Warranty Deed unless otherwise specified and provide an abstract continued to date of sale, showing good and merchantable title subject to easements and restrictions of record, applicable building restrictions and zoning regulations. Seller also agrees to pay any mortgage prepayment penalty, all taxes to date of settlement, and customary settlement costs. Seller will fumish information, which may be required by law and sign corre- sponding documents needed to be filed with the deed. 8. REMEDIES OF THE PARTIES. If Broker successfully defends any court action brought against Broker by Seller, or any other person involved in the sale of this property, or it is necessary to employ an attomey to collect sums due hereun- der, Seller agrees to pay all usual and reasonable court costs and attomey's fees expended by Broker. In addition to the rights given to the parties under Iowa Code Section 817.3 and not in limitation thereof, it is mutually understood and agreed that this listing agreement and any contract arising therefrom, shall be deemed to have been made in the State of Iowa and any and all performance thereunder or breach thereof shall be interpreted, governed and construed pursuant to the laws of the State of Iowa. The parties consent that the Iowa District Court in and for Black Hawk County shall be the forum in which to bring any cause of action arising out of or under this agreement, or any subsequent agreement entered into by Seller as a result of Broker's efforts conceming the above described property. The parties agree that such court shall have jurisdic- tion of the person or the parties for such action. 9. BROKERAGE SERVICES ONLY. Seller acknowledges that Broker is acting as a Real Estate Broker and not as an attorney, tax advisor, lender, appraiser, surveyor, structural engineer, property inspector, consultant or other professional service advisor. Owner is hereby advised to seek such other professional advice as may be important to Owner. The following minimum service shall be provided to the client. (1) Accept delivery of and present to the client offers and counteroffers to buy, sell, rent, lease, or exchange the client's property or the property the client seeks to purchase or lease. (2) Assist the client in developing, communicating, negotiating, and presenting offers or counteroffers until a rental agreement, lease, exchange agreement, offer to buy or sell, or purchase agreement is signed and all contingencies are satisfied or waived and the transaction is completed. (3) Answer the client's questions relating to the brokerage agreements, listing agreements, offers, counteroffers, notices, and contingencies. (4) Provide prospective buyers access to listed properties. 10. NOTICE AND COUNTERPARTS. Any notice required under this agreement shall be deemed given when it is received in writing either by hand delivery, fax, retum receipt requested mail, or electronic mail. Persons designat- ed for receipt of any notice for the purpose of this agreement shall be the Seller or their Broker. A signed copy of this agreement, and all addendums or amendments to this agreement shall, taken together, constitute a single binding agreement. Page 2 of 3 Page 190 of 255 3ouoop signature verification: carp us/ I uv-YLKJ-n[sw 98-100 (Revised 1/15) Property Known As: 219 Newell St. Waterloo, IA 50703 11. ELECTRONIC SIGNATURES. In accordance with Iowa Code ch. 554D, all parties agree that this transaction may be conducted by electronic means, and certified electronic signatures shall be equally binding. 12. FOREIGN PERSON STATUS. (FIRPTA, Foreign Investment in Real Property Tax Act.) Seller is not a foreign person as defined in Internal Revenue Code Section 1445 and any related regulations. At closing, Buyer will have no duty to collect withholding taxes for Seller pursuant to the Foreign Investors Real Property Tax Act of 1980, as amended. 13. RELEASE OF INFORMATION. Seller authorizes lender(s), contract holder(s) and utility companies to provide Broker with any and all information regarding the above described property. Seller hereby authorizes Broker to use a "for sale" sign, electronic lock box, exterior and interior pictures, and all forms of advertising media, including but not limited to Internet, print, radio and television in Broker's efforts to sell the property unless otherwise noted in this agreement. Initials Initials Initials initials Initials Initials SELLER OPT OUT: Seller advises Broker that Seller does not want the listed property displayed on the intemet. Seller advises Broker that Seller does not want the property's address displayed on the Internet. Seller acknowledges that by choosing "OPT OUT" consumers who conduct searches on the intemet will not see Information about my listed property. 14. ACKNOWLEDGMENTS. Seller and Broker acknowledge that they have read this agreement, that all information contained in this agreement is true and accurate to the best of their knowledge and they have each received a copy of the executed agreement. THIS AGREEMENT may be executed in one or more counterparts each of which shall be deemed original and all of which, taken together, shall be construed as a single instrument and shall be binding upon the heirs, successors, assigns, executors and administrators of the parties. Any modification of this agreement must be in writing and signed and dated by all parties. This property is offered without respect to race, color, religion, sex, handicap, familial status or national origin. THIS IS A LEGALLY BINDING AGREEMENT, IF NOT UNDERSTOOD, SEEK LEGAL ADVICE. Signed this10 day of Amy Wienands Real Estate December 2019 Real Estate Company ao[loop verified 12J 1 I i19 3! dB PM C57 H W dC-GO I1-QF4U-GL I NX Licensee Seller Seller Seller Seller Seller Address/Phone Page 3 of 3 Page 191 of 255 lonoop signa[ure verincaaon: aclp,us,IvuIt-cpy- iI g AMY WiENANDS REAL OBSESSIVELY WORKING FOR YOU! Amy Wienands Real Estate - Listing Program Acknowledgement Property Address 219 Newell St. Waterloo, IA 50703 Sellers Hawkeye Community College We are choosing to enter into a listing agreement with Amy Wienands Real Estate. By selecting a listing program below, we agree to and acknowledge that we understand the terms and conditions of the specific listing program. In choosing the Standard Listing Program we understand that Amy Wienands is not obligated under any circumstances to purchase our home or land/lot. Under the Guaranteed Sale Program, Amy Wienands is obligated to purchase our home or land/lot only if our home or land/lot qualifies under the program and only pursuant to the express terms of said program. Seller Seller Agent Amy Wienands Team - Standard Listing Program Amy Wienands Team - Guaranteed Sale Program dotloop verified 11/18/193:15 PM CST 01 KD-UBY6-KKFP-25Y8 Date Date Date Page 192 of 255 ]otioop signature venricanon: oap us, i rnr-} i rn-ginivi COMPANY POLICY/AGENCY DISCLOSURE AND ACKNOWLEDGMENT (To be signed by Seller/Buyer at or prior to the time specific assistance is first provided.) When you enter into a discussion with a real estate licensee regarding a real estate transaction, you should from the outset understand who the licensee is representing in the transaction. More importantly, you should understand how that representation affects your relationship with the Company (the term "Company" hereinafter refers to the Real Estate Company and its Licensees). Below is a list of the representation options available from Amy Wienands Real Estate (hereinafter referred to as the "Company") Licensee has "checked" the appropriate box(s) for each policy that applies to Company. The term "Seller" shall hereinafter refer to Seller, Landlord or Optioner. The term "Buyer" shall hereinafter refer to Buyer, Tenant or Optionee. SELLER EXCLUSIVE AGENCY When the Company/Licensee lists property for sale and the property is sold by a different real estate Company, it is the policy of the Company to represent the Seller(s) exclusively. BUYER EXCLUSIVE AGENCY When the Company/Licensee assists you in writing your purchase agreement and the property is listed with a different real estate company, it is the policy of the Company/Licensee to represent the Buyer(s) exclusively. If the Company/Licensee represents the Buyer(s) exclusively, the Company/Licensee may receive compensation for the transaction from the listing company pursuant to a cooperation agreement between the two Companies or may be compensated by the Buyer. SELF REPRESENTATION A person(s), partnership, or company (buying or selling) may represent themselves in a transaction. If a Buyer or Seller elect to represent themselves in a transaction, it is the policy of the Company/Licensee to treat that Buyer or Seller as a "Customer" and not as a "Client". "Customer" means a consumer of real estate services in connection with a real estate transaction who is not being represented by the licensee, but for whom the licensee may perform ministerial acts. A customer may be a client of another broker, may not have yet decided whether or not to be represented by any broker, or may have chosen not to be represented by any broker. "Client" is defined below under "Duties of a Real Estate Licensee to a Client". CONSENSUAL DUAL AGENCY A. When a real estate company both lists and sells the property (the Listing Company and the Selling Company are the same company), it is the policy of the Company/Licensee to represent the Seller(s) and Buyer(s) as Consensual Dual Agent(s). B. A real estate Company/ Licensee acting directly or through a licensee can legally be the Agent of both the Seller and the Buyer, but only with the knowledge and written consent of both parties. If a Buyer represented by a Company/Licensee wants detailed information about, or to see, a property of a Seller being represented by the same Company, the Company/Licensee wants detailed information about, or to see, a property of a Seller being represented by the same company, the Company/ Licensee shall make every reasonable effort to remain impartial to the parties. In these circumstances, Company/Licensee immediately becomes a Dual Agent. Seller and Buyer acknowledge that prior to such circumstances, Company/Licensee acted as agent of the Seller and acted as agent of the Buyer. In those separate roles, Company/Licensee may have obtained information which, if disclosed, could harm the bargaining position of the party providing such information to Company/ Licensee. Provisions that govern the actions of Company/Licensee: 1. Company/Licensee shall not knowingly say anything which might place one party at a disadvantage, disclose personal confidence of one party to the other party, including motivation to sell/buy, negotiating strategy, or any other information a party specifically instructs Company/Licensee in writing not to disclose, unless disclosure is required by law. 2. Company/Licensee shall not, without prior written consent of Seller, disclose to Buyer that Seller might accept a price less than the listing price, or accept terms less favorable to Seller than is indicated in the listing agreement, nor shall Company/Licensee, without the prior express written consent of Buyer, disclose to Seller that Buyer may be willing to pay a higher price, or accept terms less favorable to Buyer than those indicated in Buyers last written offer. 3. Company/Licensee will endeavor to be impartial between the parties and shall not represent the interests of either Seller or Buyer to the detriment of the other party. Company/Licensee is obligated to inform each party of all facts Company/Licensee knows which would affect the party's decision to permit Company/Licensee to represent both Seller and Buyer. Seller and Buyer are not required to consent to Dual Agency. 1 of 2 Page 193 of 255 ROLE OF BUYER AND SELLER IN CONSENSUAL AGENCY. In a Dual Agency situation, Seller and Buyer acknowledge and agree they have the responsibility to negotiate and make their own decisions as to what terms are to be included in any agreement for the purchase and sale of Seller's property. Seller and Buyer also acknowledge they understand that Company/Licensee representing more than one party to a transaction can create a conflict of interest since both clients may rely upon Company/Licensee's advice, and the client's respective interests may be adverse to each other. Seller and Buyer understand they may seek independent legal counsel in order to assist them with any matter relating to a purchase agreement or any other aspect of this transaction. Seller and Buyer have the duty to protect their own interests and are advised by Company/ Licensee to carefully read all documents to assure that they adequately express the parties understanding of the transaction. If Seller or Buyer have questions regarding the duties and responsibilities of Company/ Licensee, those questions should be resolved before signing this document. BROKER'S ADMINISTRATIVE TRANSACTION FEE The broker's administrative fee covers a portion of the cost of printing, handling and archiving all documents required by local, state and federal laws and regulations. In addition, the Client will also receive a zip drive of all pertinent documents pertaining to their transaction. The zip drive will be sent by 1st class mail, within 30 business days of closing, to the address provided at closing. All paper documents will be retained for a period of 5 years. The Client agrees to pay Amy Wienands Real Estate an administrative fee of $198 at the time of closing. DUTIES OF A REAL ESTATE LICENSEE TO A CLIENT A client is a party to a transaction who has an agency relationship with a Company/ Licensee for real estate services. A Company/ Licensee providing real estate services to a client shall do all of the following: a. Place the client's interests ahead of the interests of any other party, unless loyalty to a client violates the Licensee's duties under the Consensual Dual Agency provision of the Iowa Code or any other applicable law. b.Disclose to the client all information known by the Company/ Licensee that is material to the transaction and that is not known by the client or could not be discovered by the client through reasonably diligent inspection. c.Fulfill any obligation that is within the scope of this Company Policy/ Agency Disclosure and Acknowledgment, except those obligations that are inconsistent with other duties that the Company/ Licensee has under the provisions of the Iowa Code or any other law. d. Disclose to a client any financial interests the Company/ Licensee has in any business entity to which the Company/Licensee refers a client for any service or product related to the transaction. The client is not obligated to use any such recom mended company, and may select a different company. Note: Company censes. circle applicable) has a financial interest in or an affiliate relationship with the following companies or business entities: Black Hawk County Abstract & Title DUTIES OF A REAL ESTATE LICENSEE TO ALL PARTIES TO THE TRANSACTION In providing real estate services to all parties to a transaction, Company/Licensee shall do all the following: A. Provide brokerage services to all parties to the transaction honestly and in good faith. B. Diligently exercise reasonable skill and care in providing real estate services to all parties. C. Disclose to each party all material adverse facts that the licensee knows except for the following: 1. Material adverse facts known by the party 2. Material adverse facts the party could discover through a reasonably diligent inspection, and which would be discovered by a reasonable prudent person under like or similar circumstances. 3. Material adverse facts the disclosure of which is prohibited by law. 4. Material adverse facts that are known to a person who conducts an inspection on behalf of the party. D. Account for all property coming into the possession of a licensee that belongs to any party within a reasonable time of receiving the property. If you do not understand this document, seek legal advice before signing. The undersigned acknowledges that the Company/ Licensee has made a full disclosure of the types of representation the Company can provide. The undersigned acknowledge receipt of a copy of this Company Policy/ Agency Disclosure and Acknowledgement document. Seller/Buyer Date irw�r Ff/ina r� diclaip verified 11 . -ii/19 3:13 PM CST 2105-C1 G W-KQKE-RFBN Licensee Date Seller/Buyer Date 2 of 2 Page 194 of 255 aouoop signature venncauon: cup. us/ rrye-aeon-imvv Adopted by the Northeast lowa Regional Board of REALTORS® (Revised 7/18) CONSENT TO DUAL AGENCY (To be signed by Seller/Buyer at time specific assistance is first provided) The term "Seller shall hereinafter refer to Seller, Landlord, or Optionor. The term "Buyer shall hereinafter refer to Buyer, Tenant, or Optlonee. I have read and understand paragraph IV, Consensual Dual Agency of the Company Policy/Agency Disclosure and Acknowledgment and hereby agree to Consenual Dual Agency representation in those situations. Buyer Buyer Date Date Buyer Seller Date Seller Date Date Seller Buyer Date Date Seller Company Licensee Date Date Amy Wienands Real Estate Company Q.y.�iia dcCI fop verified 1108/19 3:14 PM CST ](FEN -PA Ell V-2CS2•VIQ E Licensee Date Page 195 of 255 } s98-103 Adopted by the Northeast Iowa Regional Board of REALTORS® (Revised 1/15) SELLER DISCLOSURE OF PROPERTY CONDITION PROPERTY ADDRESS 219 Newell St. Waterloo, IA 50703 OWNERS NAME(S). PLEASE PRINT Hawkeye Community College PURPOSE OF STATEMENT: The State of Iowa requires the Seller(s) of certain property to disclose information about the property to be sold. Completion of this form shall satisfy the requirements of Chapter 558A of Iowa Code which mandates the Seller(s) disclose the condition of and information about the property the Seller(s) is about to sell. THIS STATEMENT SHALL NOT BE A WARRANTY OF ANY KIND BY THE SELLER(S) OR SELLER'S(S) AGENT AND SHALL NOT BE INTENDED AS A SUBSTITUTE FOR ANY INSPECTION OR HOME WARRANTY INSURANCE THE PURCHASER MAY WISH TO OBTAIN. SELLER'S(S) DISCLOSURE: As Seller(s), I/We disclose the following information regarding the property and certify that this information is true and accurate to the best of my/our knowledge as of the date signed. Seller(s) authorizes the agent to provide a copy of this statement to any person or entity in connection with actual or anticipated sale of the property or as otherwise provided by law. The following are representations made by Seller(s) and are not the representations of the Licensee, who has no knowledge of the condition of the property and Seller(s) agrees to indemnify and hold Licensee harmless. INSTRUCTIONS TO SELLER(S): (1) Respond to all questions or attach reports allowed by Iowa Code Section 558A4 (2). (2) Disclose all known conditions materially affecting this property. (3) If an item does not apply to this property, indicate it is not applicable (NA). (4)Additional pages or reports may be attached. (5) If the required information is unknown or is unavailable following a reasonable effort, use an approximation of the information, or indicate that the information is unknown (UNK). All approximations must be identified as (AP). ALL APPLIANCES & SYSTEMS INCLUDED IN THE TRANSACTION ARE IN WORKING ORDER EXCEPT AS NOTED. Item Good Working Order? Comments Alarm System (Built In) NA 0 Yes • No ❑ Unk ID Attic Fan ^ NA ❑ Yes • No ❑ Unk 0 Central Vac System NA • Yes • No • Unk 0 Ceiling Fan NA • Yes ❑ No ❑ Unk 0 Dishwasher (Built In) NA • Yes ❑ No ❑ Unk • Fumace Humidifier NA • Yes 0 No ❑ Unk 0 Garage Door Opener NA ■ Yes ❑ No ■ Unk • Number of Remote Controls: Garbage Disposal NA ❑ Yes ❑ No • Unk IGl Gas Grill (Built In) NA 0 Yes • No 1 Unk ❑ Hood/Fan NA ❑ Yes 0 No 0 Unk • Hot Tub (Built In) NA 0 Yes 0 No ❑ Unk ❑ Intercom (Built In) NA ❑ Yes 171 No ❑ Unk ■ Lawn Sprinkler System NA • Yes 0 No 0 Unk ❑ Microwave (Built In) NA • Yes 0 No 0 Unk ❑ Pool System NA f j Yes 0 No 0 Unk I❑ Range/Oven (Built In) NA • Yes 0 No • Unk ❑ Refrigerator (Built In) NA ❑ Yes • No ❑ Unk ❑ Satellite Dish System NA • No 0 Unk I❑ Yes • Sauna (Built In) NA ❑ Yes 0 No 0 Unk ❑ Smoke Alarm NA • Yes ❑ No • Unk 0 Solar Heating System NA • Yes • No • Unk ❑ Sound System (Built In) NA ■ Yes U No • Unk ❑ Sump Pump (Built In) NA ■1 Yes • No ❑ Unk 0 Trash Compactor (Built In) NA ■ Yes 0 No I Unk • _ Water Filtration System NA ❑ Yes • No • Unk p Rented ❑ Owned U Water Heater NA ❑ Yes I) No 0 Unk 0 Water Softener NA ❑ Yes ® No ❑ Unk Q Rented ❑ Owned 0 Jetted Tub NA i■ Yes D No • Unk ■ Other NA ❑ Yes 0 No 0 Unk 0 Page 1 of 3 Page 196 of 255 . 98-103 (Revised 1/15) PROPERTY ADDRESS 219 Newell St. Waterloo, IA 50703 PROPERTY CONDITIONS, IMPROVEMENTS AND ADDITIONAL INFORMATION: 1. BASEMENT f CRAWL SPACE / SLAB: Any known water, seepage or other problems? Describe: Repairs/ Replacement/ Date. Yes❑ No ❑ UnkI 2. FOUNDATION(S): Anv known foundation damage or settlement? Describe: Repairs/ Replacement/ Date:, Yes cl No Cl Unk❑ 3. ROOF: Any known problems? Describe. Repairs/ Replacement/ Dale: Yes ❑ No ❑ Unk❑ 4. WELL WATER SYSTEM: Any known problems? Describe: NAD Yes CI No ❑ Unk❑ Type of Well Location Age Has the water been tested? NA❑ Yes❑ No ❑ Unk❑ If yes, date of last report and results: Any known plans to bring city or rural water to your area and/or requirements to connect to NAcI Yes El No ❑ Unk❑ city or rural water lines when available? 5. CITY SEWER/SEPTIC TANKS/DRAIN FIELDS/OTHER DISPOSAL SYSTEM: Anv known problems? Yes❑ No 0 Unk❑ Describe: Septic System: Has the septic system been inspected by DNR certified Inspector? NA❑ Yes❑ No ❑ Unk0 Date of Inspection:, Certified Inspector name:_ Has septic System been pumped? Date last pumped Yes❑ No ❑ Unk❑ Any known plans to bring city sewer to your area and/or requirements to connect to city sewer? NAP Yes❑ No j Unk❑ Describe Repairs/ Replacement) Date: Is the property in compliance with local city ordinances requiring that perimeter Ole lines Yes 0 No ❑ UnkC1 do not drain into the city sanitary sewer? Describe:. Repairs/ Replacement/ Date:. 6. HEATING SYSTEM(S): Any Known problems? Describe: Yes ❑ No ❑ UnkD Repairs/ Replacement/ Date: If you have an LP gas tank, is it rented ❑ or owned 0 Comments: 7. CENTRAL COOLING SYSTEM(S): Any known problems? NA0 Yes❑ No C] Unk❑ Describe: Repairs/ Replacement/ Date: B. FIREPLACE(S) / WOOD BURNING STOVE(S): Any known problems? NA❑ Yes❑ No ❑ Unk❑ Describe' Date last used: Repairs/ Replacement/ Date: 9. PLUMBING SYSTEM(S): Any known problems? Yes❑ No 0 Unk❑ Describe: Repairs/ Replacement/ Date: 10. ELECTRICAL SYSTEM(S): Any known problems? Describe: YesEi Nolj Link CI Repairs/ Replacement/ Date: 11. WINDOWS: Any known problems? Yes❑ No 0 Link ID Describe: Repairs/ Replacement/ Date: 12. PEST INFESTATION: Any known problems? Describe: Repairs/ Treatment/ Date:, Yes❑ No ❑ Unk❑ 13. ASBESTOS/LEAD BASED PAINT: Any known Asbestos OR Lead Based Paint present? Yes ❑ No 0 Unk❑ Describe: Removal/ Remediation/ Date 14. RADON: Any known test(s) for the presence of radon gas? If yes, test results/ Date: Mitigation/ Date:, Removal/ Remediation/ Date: Yes❑ No ❑ Unk❑ In the event Buyer test(s) for Radon, Seller agrees to release testing results to Buyer. Yes❑Page 97 of 255 98-103 (Revised 1/15) PROPERTY ADDRESS 219 Newell St. Waterloo, IA 50703 1t 15. FUNGUMOLD: Any known fungus or mold? Describe: Removal/ Remediation/ 16. GROUNDWATER HAZARD STATEMENT will be filed by the Seller(s) at closing regarding the following items. Are there any known: 1. Wells, 2. Solid waste disposal, 3. Hazardous waste, 4. Underground storage tanks, 5. Private burial site. Yes❑ No ❑ Unkij Describe / Location:. Yes❑ No ❑ UnkD 17. COVENANTS: Is the property subject to restrictive covenants? 18. ENVIRONMENTAL CONCERNS: Any known environmental concerns? Describe: Yes❑ No ❑ Unk❑ Yes❑ No ❑ Unk❑ 19. FLOOD PLAIN/FLOODWAY: Is the property located in a flood plain or floodwav? Yes❑ No ❑ Unk❑ Flood plain/floodway designation: 20. ZONING: Zoning of this property is: Any proposed changes in zoning, including variances? Describe: ur k Yes ❑ No ❑ Unk❑ 21. REAL ESTATE DISTRICT: Is the property located in a Historical Preservation District? Yes❑ No ❑ Unk❑ 22. OTHER ITEMS: Are you aware of any of the following: 1. Any known features of the property shared in common with adjoining landowners (Example: Yes❑ No ❑ Unk❑ walks, fences, roads, driveways, well water system, etc.) whose use or responsibility for maintenance may have an effect on the property? Describe: 2. Any known encroachments, easements, common areas (Example: facilities like pools, tennis Yesg No I❑ Unkg courts, walkways or other areas co -owned with others), zoning violations, non conforming uses, or homeowners association which has any authority over the property? Describe: 3. Any known fees and/or dues? (Example: homeowner association fees, land lease fees, Veep No qj Unkg maintenance fees or other financial obligations to owner?) Describe fee and state amount: _ 4. Any known modifications, remodeling, alterations, or repairs, etc. made without YesU Nola Unkl] necessary permits or licensed contractors? Describe: 5. Any known physical problems? (Example: settling, flooding, drainage or grading problems, etc.) Yesg No Unk❑ Describe: 6. Has there been a property/casualty Toss, an insurance claim, OR major damage to the property Yes No CI Link OR other conditions? (e.g. fire, wind, hail, flood, landslides.) If Yes, has the damage been repaired/replaced? Describe: Additional Remarks: In no event shall the parties hold the Licensee(s) liable for any representations not directly made by the Seller's(s) Agent or Broker. SELLER(S) DISCLOSURE: THE SELLER(S) HAS OWNED THE PROPERTY SINCE _ (DATE). The Selier(s) has stated above the history and condition of all of the items based solely on the Information known to the Selier(s). IN THE EVENT ANY CHANGES OCCUR IN THE REPRESENTATIONS HEREIN, FROM THE DATE OF THIS FORM TO THE TIME OF CLOSING, SELLER(S) SHALL IMMEDIATELY DISCLOSE SUCH CHANGES IN WRITING TO BUYER(S). Seller(s) acknowledges requirement that Buyer(s) be provided with the "Iowa Radon Home -Buyers and Sellers Fact Sheet" prepared by the Iowa Department of Public Health. Seller Date Seller Date BUYER(S) ACKNOWLEDGEMENT: Buyer(s) acknowledge receipt of a copy of this Seller Disclosure of Property Condition. This statement is not intended to be a warranty or to substitiue for any inspection Buyer(s) may wish to obtain. Buyer(s) acknowledge receipt of the "Iowa Radon Home -Buyers and Sellers Fact Sheet" prepared by the Iowa Department of Public Health. Buyer Page 3of3 Date Buyer Date Page 198 of 255 AMY WiENANDS REAL ESTATE (iiatSSillt 'IQ'(NkINT;-()l('YOU' DUE DILIGENCE ON CRIME NOTICE Important Information for Buyer and Seller Under federal and state regulations, some individuals who have been classified under certain criminal offenses, including sex offenders, may be required to register their address with local authorities. If this information is important to you, you should contact local authorities, agencies and neighborhood groups, including, but not limited to the following official Iowa websites and other resources: www.IowaSexOffender.com www.CriminalCheck.com www.FamilyWatchDog.com County Sheriff's Office Iowa Department of Criminal Investigation The laws are a registration and disclosure requirement, which mandate the County Sheriff's to notify the public of persons they feel are risks, and place the burden on the public to seek information regarding individuals and/or sex offenders. The law may be weak, however, because although registration initially takes place, there is no certification of the address upon registration, therefore the initial address could be inaccurate. Also, there is generally no follow up system to verify a new location when an individual moves. Finally, many law enforcement agencies do not aggressively provide sex offender information. The State of Iowa prohibits a Registered Sex Offender from living within 2000 feet of a school or registered child care center. Local governments may also make regulations and ordinances regarding where offenders may reside. Buyers should avail themselves of maps and other information from local government authorities to verify where individuals may reside. As Realtors®, we do not know the whereabouts of these individuals and are not required to find and disclose this information. PLEASE contact the agencies listed above. INFORMATION CONFIRMATION Seller/Buyer understands that a prospective buyer may inquire with local law enforcement as to the location of known sex offenders which may impact the property. Seller/Buyer acknowledges they have received this statement regarding criminal registry requirements and Seller/Buyer may inquire with local law enforcement as the location of known sex offenders which may impact the property. Seller Date Seller Date Buyer Date Buyer © Copyright 2007 Iowa Association of REALTORS® Date Page 199 of 255 AMY WiENANDS REAL ESTATE 013,E ;;S1V(1 Y V'OIlK(NG l l)H VOID RECEIPT OF FORMS & DISCLOSURES SELLER(S) / BUYER(S) NAME Hawkeye Community College Please initial on each line below that you have received and/or understand each item. Equal Opportunity in Housing Brochure Lead Poisoning - How to Protect Iowa Families Brochure 1 1 I owa Radon Home Buyer/Sellers Fact Sheet SELLERS Showing Instructions (For Sellers Only) Showing instructions will be provided to any licensee who has set an appointment to conduct a private showing of the Seller's home. Amy Wienands Real Estate cannot guarantee that these instructions will be followed specifically at all times by such licensee. Seller agrees to contact Amy Wienands Real Estate with any showing concerns and the Listing REALTOR® will follow up as needed. BUYERS Radon Gas and Mold Notice and Release Agreement (For Buyers Only, Buyer understands that radon gas and some molds have the potential to cause serious health problems. Buyer acknowledges they have received and signed the Radon Gas and Mold Notice and Release Agreement. Home Inspection Information (For Buyers Only) Buyer understands a home inspection may discover/uncover defect in the property. Buyer acknowledges they have received "Home Inspections: Why You Should Obtain One" regarding the importance of a home inspection. Buyer has been encouraged to have the property inspected. Ti Home Inspection Waiver (For Buyers Only) Buyer has been informed of the benefits of a home inspection and hereby waives inspection of property and assumes responsibility for property condition. Buyer agrees to hold Amy Wienands Real Estate and its Brokers, Licensees, andemployees harmless for any defects discovered with the property. �II Buyer School Acknowledgement Form (For Buyers Only) From time to time, school boundaries have been reviewed and changed. Amy Wienands Real Estate REALTOR® is providing information, to the best of his or her knowledge, regarding current school boundaries. We encourage you to visit the School District's website or the school itself to familiarize yourself with all current information. Seller Seller Date Date REALTOR® Date Buyer Buyer Date Date REALTOR® Date Page 200 of 255 7otioopsignature venllcatlon:anp,us/ny N-pirr7c�� AMY WiENANDS REAL ESTATE ESTIMATE OF SELLER'S EQUITY SELLER NAME Hawkeye Community College PROPERTY ADDRESS 219 Newell St. Waterloo, IA 50703 TENATIVE CLOSE DATE (a) LIST PRICE OFFER PRICE $149,900 (b) ESTIMATED CLOSING EXPENSES Abstracting $485 $ $ Attorney's Fees $85 $ $ Brokerage Real Estate Fee $4497 $ $ Brokers Administrative Transaction Fee $198 $ $ Closing Fees Paid for Buyer $ $ $ Transfer Tax $239.20 $ $ Overnight Mail Cost $ $ $ Repairs & Inspection Fees $ $ $ Termite/Pest Inspection/Treatment $ $ $, TOTAL ESTIMATED CLOSING EXPENSES $5504.20 $ $ (c) OUTSTANDING DEBTS First Mortgage Balance $ $ $ Second Mortgage/Liens $ $ $ Prepayment/Penalty (if any) $ $ $ Other Liens, Judgments and Assessments $ $ $ TOTAL OUTSTANDING DEBTS $ $ $ (d) REAL ESTATE TAXES Real Estate Taxes Due _ $TBD $ $ Pro -Rated Taxes $ $ $ Special / Other Taxes $ $ $ TOTAL REAL ESTATE TAXES DUE $TBD $ $ (e) ESTIMATED TOTAL EXPENSE $5504.20 $ $ (f) ESTIMATED PROCEEDS TO SELLER $144,395.80 $ $ The figures shown are preliminary estimates for planning purposes only. Actual costs will be shown in a Closing Statement prepared and approved by your closing agent. Other costs not shown here may be incurred by you. Usual pro -rations will be made at closing for real estate taxes, etc., as specified in the Purchase Agreement. Your attorney's fees should also be considered as an expense of the sale. Figures shown are estimates. Statement prepared by: Seller K/Geseal dotloop verified 12/10/19 3:12 PM CST H9W-6JBI-WVSX-WRFV Date Seller Date Page 201 of 255 .frsthw Fri* 1 ff 1 + a.. ,f� Citij of Waterloo, Iowa W+E Page 202 of 255 CITY OF WATERLOO Council Communication Resolution concurring with the determination of the City Planner that the proposed change to an approved site plan within the "S-1" Shopping Center District for the installation of eight (8) Supercharging Stations by Testa Motors, Inc., located at Hy-Vee Grocery Store, 1422 Flammang Drive, is minor and shall be approved as a Minor Site Plan Amendment. City Council Meeting: 12/16/2019 Prepared: 12/11/2019 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description ❑ Supercharging Statoin Plans SUBJECT: Submitted by: Recommended Action: Summary Statement: Action Approved Approved Type Cover Memo Date 12/11/2019 - 10:52 AM 12/11/2019 - 10:53 AM Resolution concurring with the determination of the City Planner that the proposed change to an approved site plan within the "S-1" Shopping Center District for the installation of eight (8) Supercharging Stations by Testa Motors, Inc., located at Hy-Vee Grocery Store, 1422 Flammang Drive, is minor and shall be approved as a Minor Site Plan Amendment. Submitted By: Noel Anderson, Community Planning and Development Director Approval Testa. Motors, Inc. is proposing to install eight new supercharging stations at the northwest corner of the parking lot of Hy-Vee Grocery Store, located at 1422 Flammang Drive. The plans show the installation of eight charging stations along the Sarah Drive frontage and a supercharger cabinet at the end of the parking aisle within the parking island. That new supercharger cabinet is out of the 25' visibility triangle for vehicular site vision and should not interfere with traffic turning onto Sarah Drive from the parking lot. Staff has reviewed Hy-Vee's site plan from 1992, and found that there are 436 parking stalls at that site for the existing 61,873 SF grocery store. The Zoning Ordinance requires that stores over 2,000 SF provide 5 parking stalls for each and every 1,000 SF of floor area, therefore, Hy-Vee is required to have 310 parking stalls to meet the minimum requirements of the Ordinance. The plan shows the removal of nine parking stalls, which would still leave 427 parking stalls for the grocery store, well above the minimum required. Page 203 of 255 Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: None N/A Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- ways to create an environment to attract population to Waterloo. Crossroad Plat No. 5, Lot No. 1, Waterloo, Black Hawk County, Iowa Page 204 of 255 r _, T -9Lri T- T -SL- TESL n 3500 DEER CREEK RD PALO ALTO, CA 94304 (650) 681-5000 .. 1 SUP RC ARGING S A ION e LA13WATERLOO, 49030 Pontiac Trail, Ste 400 Wixom, Michigan 48393 PHONE: 248-705-9212 IA SITENAME: WATERLOO, IA 1422 FLAMMANG DR WATERLOO, IA 50702 DRAWN BY: RC CHECKED BY: PL J SITE INFORMATION APPLICABLE CODES PROJECT DESCRIPTION ZONNING INFORMATION DRAWING INDEX PROPOSED TESLA EV SITE ADDRESS: PERMITTING 715 MULBERRY STREET SHEET NO: SHEET TITLE 1422 FLAMMANG DR ALL WORK SHALL COMPLY WITH THE FOLLOWING APPLICABLE CODES: • INSTALL (2) TESLA SUPERCHARGER CABINETS • INSTALL (8) TESLA CHARGING STATIONS JURISDICTION: WATERLOO, IA 50703 PHONE: (319) 291-4366 T-1 TITLE SHEET & PROJECT DATA WATERLOO, IA 50702 2015 INTERNATIONAL BUILDING CODE • INSTALL (1) UTILITY TRANSFORMER FAX: (319) 291-4262 1 OF 1 TOPOGRAPHIC SURVEY EXISTING SITE ADDRESS: 2017 NATIONAL ELECTRIC CODE • INSTALL (1) MASTER CONTROLLER CELL: (319) 290-6357 A-1 OVERALL SITE PLAN 1422 FLAMMANG DR • INSTALL (2) AC DISCONNECTS EMAIL: NOEL.ANDERSON@WATERLOO-IA.ORG A-2 PROPOSED SITE PLAN / DEMOLITION PLAN I D 12/05/2019 CD90 WATERLOO, IA 50702 IN THE EVENT OF CONFLICT, THE MOST RESTRICTIVE CODE SHALL INSTALL (1) H-FRAME MOUNTED CT CABINET A-3 SITE ELEVATIONS C 10/23/2019 CD90 PROPERTY OWNER: PREVAIL DO NOT SCALE DRAWINGS E-1 UTILITY PLAN B 10/14/2019 CD90 HURD WATERLOO LLC CONTRACTOR SHALL VERIFY ALL PLANS, EXIST'G E-2 ELECTRICAL PLAN & PANEL SCHEDULE 'MDP' A 10/01/2019 CD50 EQUIPMENT SUPPLIER: DIMENSIONS & CONDITIONS ON THE JOB SITE & E-3 SYSTEM ONE -LINE DIAGRAM `REV DATE DESCRIPTION J TESLA MOTORS, INC. SHALL IMMEDIATELY NOTIFY THE ARCHITECT / E-4 SCHEDULES AND DETAILS 3500 DEER CREEK RD PALO ALTO, CA 94304 ENGINEER IN WRITING OF ANY DISCREPANCIES G-1 GROUNDING DETAILS r 000�',°° o _o o o oo<z MHO@00 000 000 00000�� °LI 0 . ov/jOD00000 ° ° ° ° ° CSC Q 06744 °- ° ° 0 0 0 o° °o IOWA �^ °°°° IOYYA °°° ��o — ° ° ° ° ° `Z`�0000 � °° P�G ��Oo o0 S_ o 1 0 o BEFORE PROCEEDING WITH THE WORK. D-1 INSTALLATION DETAILS (650) 681-5000 AREA MAP LOCATION MAP D-2 INSTALLATION DETAILS POWER COMPANY: D-3 INSTALLATION DETAILS I TBD a��` a� v+eson ,po, ,. Leona Avece D-4 INSTALLATION DETAILS I COUNTY: s� �� ,5<, o` 0 moo`•a Langley Rd D-5 INSTALLATION DETAILS I BLACK HAWK �`�'�, era R`O„''Di `r�` v Target SL`',S sr D-6 INSTALLATION DETAILS LATITUDE (NAD83): Kaplan Dry I 7 P°° m Jimmy John's �, D-7 INSTALLATION DETAILS 27' 30.9" N CO d Columbus Dr Lois Ln �1 co 42.458572°�''�,d ° ,� LONGITUDE (NAD83): �9 0 i1 o DICK'S > H U R S T �� �ocQ ° 11 V _. 92° 19' 39.0" W SportingGoods Crossroads MallDillar �a� ` -92.327486° Ravenwood Rd 0 �Gf• a��a A,�0. Chick-fil-A lei E k. _ '_ Fla Dr C) J %� l ,R�� H CONSISTENT WITH APPLICABLE LICENSING LAWS THIS SEAL CERTIFIES ONLY THAT THE ARCHITECTURAL DESIGN WORK WAS PREPARED EITHER PERSONALLY BY ME OR UNDER MY IMMEDIATE AND DIRECT SUPERVISION AND CONTROL. THE SEAL IS NOT INTENDED TO AND DOES NOT IN FACT ATTEST TO ANY ENGINEERING WORK THAT WOULD FALL OUTSIDE THE SCOPE OF WHAT THE APPLICABLE LICENSING LAWS WOULD PERMIT AS THE PRACTICE OF ARCHITECTURE. ` , . _. mma ng Q` a�` C d O W �,9 " Wildwood Rd -' " 4 Crossroads Mall ARCHITECT OF RECORD PROJECT ENGINEER a o c�2 Walmart AM Supercenter sil o Menards Flammang D venant J Walmart :al Center !- Supercenter Crossroads Bt�a 0 in Hy-ve King Dr =Sonya PETER LICHOMSKI, ARCHITECT 49030 PONTIAC TRAIL, SUITE 400 CLARK TROMBLEY RANDERS CONSULTING ENGINEERS 504 S. CREYTS RD, SUITE B 1 SITE NAME: WATERLOO, IA 1422 FLAMMANG DR WATERLOO, IA 50702 FLOOD HAZARD AREA NOTE o Hy-Vee Staples o _• Best Buy Dr Best BuyWIXOM, Mediacom MI 48393 (248) 705-9212 LANSING, MI 48917 (517) 886-0550 THIS SITE IS LOCATED IN FLOOD ZONE "X". C Bed Bath & man Dr peterlichomski@labarchitectsllc.com rhymen@ctrmep.com NO BASE FLOOD ELEVATION. AREA DETERMINED TO BE OUTSIDE 500-YEAR Beyond a Mediacom E o J FLOOD PLAIN. nn & �' 41, I:— bI a Smithtown Dr SCALL t �'' BEFORE YOU DIG Circle 03 d ss.... . SHEET TITLE TITLE SHEET & PROJECT DATA CONTRACTOR NOTE . kd ` •,c� k. Fed Ex Ship F 9bird Ln The Home Depot IF YOU DIG IN ANY STATE o Center DIAL 811 FOR THE LOCAL CONTRACTOR SHALL COMPLETE INSTALL PER �,F IN� _ 2p 230 27 , 232A 27) THE SIGNED AND SEALED SET OF DRAWINGS. ANY NECESSARY DEVIATIONS FROM THE DRAWINGS MUST BE SUBMITTED THROUGH AN RFI REQUEST PROCESS WITH ARCHITECT / ENGINEER FOR AN APPROVAL PRIOR TO CONTRACTOR PROCEEDING WITH A DEVIATION OF THE SIGNED AND SEALED SET DRAWINGS. OFG 6 v 1- �'�,' 96� /VLn • Q I / m Maxhe/Pn 1 Cedar Valley IT ServlCeS , , "ONE CALL CENTER" - 9 q' S THE LAW THE UTILITIES SHOWN HEREIN ARE FOR THE CONTRACTORS CONVENIENCE ONLY. THERE MAY BE OTHER UTILITIES NOT SHOWN ON THESE PLANS. THE ENGINEER/SURVEYOR ASSUMES NO RESPONSIBILITY FOR THE LO- CATIONS SHOWN AND IT SHALL BE THE CONTRACTORS RESPONSIBILITY TO VERIFY ALL THE UTILITIES WITHIN THE LIMITS OF THE WORK. ALL DAMAGE MADE TO THE EXISTING UTILITIES BY THE CONTRACTOR SHALL BE THE SOLE RESPONSIBILITY OF THE CONTRACTOR. SHEET T..1 NUMBER Page 205 of 255 SITE 1 1� 36Y" ]_ tn5- J -LS FLCCOU N£ (APPRCx LOCATIC.v) , LS CO N 0 LS -CCNC CLR8 & CUTTER (TYP) LS L5 .Q LOT t OWNER: HURD WATERLOO LLC. APN: 8813-02-376-015 1KL 'HOOD PLANTER 80x PARKING STRIPE~ (rP) LS 4 LS CONC. CURB (TYP) — LEA N 113 STORM !NW' (RECTANGLE) F1RE HYDRANT wATER VALvf IRRICATICN CCNTRCL VALVE LIGHT POLE ELECTRIC TRANSFORMER ELECTRIC PEDESTAL MAILBOX 0ECl0U0uS TREE SItau 8 LEGEND LANDSCAPED AREA -v- S:GN STORM LINE (UNDERGROUND) s; SANITARY LINE (UNDERGRCINO) art WATER LINE (UNOERCRCUNO) uC CAS LINE (UNC£RGROUNO) Lit ELECTRIC LINE (UNDERGROUND) ro F18EROPTIC LINE (uNOERGROUNO) LS A,•,n nr♦r •4,,• GRAPHIC SCALE 20 0 10 20 ae=i!TI ( IN rEET ) 1 inch = 20 ft SiTE 2 Fo v. ASPHALT FLA.IIMA6VG DRIVE (80' PUBLIC R.D.N.) na LE r0 ra -- — rc LIE sr E L5' ST i h Rim. 859.87' INV ELEv. (5): 852.79'. lw ELEv (N): 652 75' RIM: 860 70' INV. ELEV. (N): 857.1' Sr LC ASPHALT nw ^ rc — - — ro — ra .N89'26'17"E 222.37. LS SIGN ST • SITE eENCH+AARK SQLTHEAST TE 6 R OF CCNCRETE PAC ELEv, . 860.60' PARKING (F PP)� LOT 1 OWNER: HURD WATERLOO LLC. APN; 8813-02-376-015 PROPERTY DESCRIPTION: Lot 1 in Crossroods Plot No 5. Waterloo. Bieck Howk County, Iowa Der that SpCci,I Warranty Deed. recorded February 26. 2016. as Cocurnent No 201600014708. SCHEDULE B2 EXCEPTIONS: tern No 1 RESOLUTION NO 1991 -809 Jonuory 06. 1992 BOOK. 299 PAGE: 366 GRANTOR: G. P. SCHOENFELDER GRANTEE CITY OF wATERLOO - IS NOT LCCATED ON SURVEY AREA • Rlu; ELEV. (N): ELEv. (S) st sI LS Tr- 657 90------_,.... 857-SO' 853 6C' ''`'' • RIM 859. t4' INV. ELEV. (SE): 854.72' INV. ELEv (w): 854.72' . INV ELEV. (N). 854 68' of the Official Public Records of Bieck Howk County. lowo 2. CEVELOPMENT, EASEMENT. COVENANT AND RESTRICTION AGREEMENT August 12. 1992 SOCK. 302 PAGE 441 AGREEMENT BY AND BET'NEEN G P. SCHOENFELDER AND THE CROSSROADS COMPANY - IS LCCATED ON SURVEY AREA, BLANKET IN NATURE 5 FIRST AMENDMENT TO DEVELOPMENT. EASEMENT. COVENANT ANC RESTRICTION AGREEMENT November 28. 1994 AGREEMENT BY AND BETV+EEN G P. SCHOENFELOER AND HY-MEE FLOCS STORES. INC. - IS LCCATED ON SURVEY AREA. BLANKET IN NATURE. 4, AFFIDAVIT Moy 12, 2003 DOCUMENT NO. 2003-33582 -IS LOCATED ON SURVEY AREA, BLANKET IN NATURE Items not listed above are cetermined non -survey reloled Items and ore not plotted hereon, 800K- 313 PAGE: 517 NOTES: 1 , This I i a topoorephic map. This is not o boundary survey and is only intended to depict these topcgrophic features or improvements shown. The property lines shown cre record lines only and ore shown for grephicol reference only. 2. Any underground utilities shown have been locoted from field survey information. The surveyor mokes no gucrontee that the underground utilities shown comprise all such utilities in the oreo, either in service or abandoned. The surveyor further does not warrant that the underground utilities shown ore in the exact location indicoted although he does certify (hot they ore located as accurately as possible from the information available. This site 'wos located by stondord RF methods, 3 FEDERAL EMERGENCY MANAGEMENT AGENCY, FEMA FRMette published 8/16/2019. referencing Flood ►nsurance Rote Mop. Mop Number 19013C0304F effective dote 7/18/2011, indicates this parcel of land is Located in Zone X (Area of minimol flood hazard) and Zone X (Shoded) (0.2% Annuol Chance Flood Hozord. Areas of 1% annual chonce flood with overage depth less thon one foot or with drainage areas of less than one squore mile). 4. This survey does not constitute o title seorch by Clerk Lond Surveying, Inc. to determine ownership or easements of record For oll inforrnotion regording easements, rights of woy and title of record, Clark Land Surveying. Inc relied upon o Search Report, prepared by First Corpoorte Solutions with on order number of RC2326339, doted July 26. 2019 5. Elevations cre based on NAVO 88 datum. 5 BENCHMARK Southeast corner of concrete pod, os shown. Elevation: 860.60' (NAVD 88) 7. 8ASIS OF 8EARINGS Bearings ore relative to those shown upon the Boundory "Retrocement Survey of Lot 1. Crossroods Plot No. 5. di: Lot 5 Crossroods Plot No. 6" according to the mop cr plat thereof. recorded os Docurnent No. 2017-00004.964 of the Officicl Public Records of Block Hawk County. Town 8, Field work for this survey 'w•os completed on August 12, 2019 9. The owner names and tox porcel doto shown hereon ore bosed upon the public records ovoiloble ot the anginal date of this survey Currant ownership end tax porcel dote should be verified for occurocy. 10 This site is toned "5-1" (Shopping Center Commercial) per City of Waterloo Plonning Deportment. Building Setbacks' Front. N/A'. Side: N/A', Reor: N/A' No zoning information provided by the client, Zoning setbacks shown hereon ore the .nterpretotion Of the surveyor For clorificotion of exoct Zoning designotions and setbock Iocotlons. please, contact the City of Waterloo Planning and Zoning Deportment ot 319.291 4366. SURVEYOR'S STATEMENT: On the bosis of my knowledge. ,nforrnotion end belief. I hereby state and declare thol this drawing of core of surveyors practicing in the Stole of lowo and that the information shown hereon is true This statement is neither o warranty nor O guarantee, either expressed or implied 1 'Witty Cw'rity Met twit ID+e 114,11y;n9 Ooaasnl 110$ criteria aid the rIIMle W•sy .eri wag air 4ceeee t>y or wow goy air«, pwidlal s o.►.1►Ion Ced Ina+ 1 a. a EMI) 1401004Q Prol.tiitanol land krY*)'V uMr the Ion M .ref sroy,a lam• Q T . 14101001 t ItttWS( WO. It919 yr Iicw• ii 10)/ice to rrle.al o" Or:~ P. ;tat. ?hie corriricolion Rlplirs ally r0 me Poge ;Dan .n;an ;r 000.0'3 Jeffrey R_ Hutton lowo Professional Lond Surveyor No. 17929 For and on beholf of Clork Lond Surveying. Inc. eras prepored under ray direct Supervision to the standard orid correct to the best of my knowledge and belief. re ASPHALT 5, — FLCCOLINE (APFROx LOCATION) V ASPHALT sj A RIM. 85 7.02' - RILL OF WATER \ Sr -- 146 f17i L5 t.S .r, t!� AspHALr CONC CURB (TVP, ) LS LS• LS RIM 860 80' INV ELEV. (Nw): 856 50' ASPHALT ASPnALI t J N Oo 0 r- Er (NI w .t Q I ▪ N O O cc ▪ m CO w• a za 0 SOO'38'39 E Couble Intake Rim =84.8 10" FL inN) = 852.4 24" FL atj ( ) = 852.3 N S a S SS CURVE RADIUS ARC LENGTH DELTA ANGLE RADIAL BEARING C 1 20 00' 15 84' 45'22'50" S45'32'06"E C2 82.88' 59.28' 40'58'39" N89'32'22"E C3 ( 40 00' 29.6?' 42'29'32" -- N56'06'05"E LINE BEARING DISTANCE Li SCO'54'511 7.29' L2 S37'49'35"E t9.85' VICINITY MAP SITE 2 N.T S 11 0 M1 N IC i0 SITE NAME: TOPOGRAPHIC SURVEY 0 tsJ A PORTION OF THE LJ- 0 0 cr 0 co 0 0 0 LLJ 0 co Page 206 of 255 OVERALL SITE PLAN CREATED BASED ON SURVEY DRAWING PREPARED BY CLARK CO. - REFER TO SHEET 1 OF 1 FOR ADDITIONAL INFO. LS EXISTING ASPHALT PARKING LOT BUILDING FO SECONDARY RUN TO CT CABINET TESLA TO INSTALL TRANSFORMER PAD. MIDAMERICAN ENERGY COMPANY TO PROVIDE AND INSTALL TRANSFORMER. FLOODLINE (APPROX. LOCATION) SIGN EXISTING ASPHALT PARKING LOT FO FO ST EXISTING POLE OHP OHP OHP OHP OHP OHP OHP OHP FO ST UG 0 0 OHP FO FLAM MAN G DRIVE 0 FO FO FO OWNER:4G PROPERTIES LLC. APN: 8813-02-376-014 a 0_ 0_ 0- d d 0 0 c OH 1 FO UE RIM: 859.87' INV. ELEV. (S): 852.79' INV. ELEV. (N): 852.75' BUILDING CONC. CURB & GUTTER (TYP.) co N rn co A 1 -o a ° 4- a a 4 a 4 • N 89°26'17" E 222.37' FO UE SITE BENCHMARK: SOUTHEAST CORNER OF a �F CONCRETE PAD \ lj ELEV.: 860.60' RIM: 857.90' INV. ELEV. (N): 857.50' 4 - ° INV. ELEV. (S): 853.60' EXISTING RIM:859.14' ASPHALT INV. ELEV. (SE): 854.72' PARKING LOT INV. ELEV. (W): 854.72' INV. ELEV. (N): 854.68' SIGN a 4 a LOT 1 OWNER: HURD WATERLOO LLC. , APN: 8813-02-376-015 I 4 RIM: 860.70' LOT 1 INV. ELEV. (N): 857.1' OWNER: HURD WATERLOO LLC. APN: 8813-02-376-015 REFER TO PROPOSED SITE PLAN SHEET A-2 FOR THE ENLARGED VIEW OF PROPOSED TESLA NSTALLATION a MIDAMERICAN ° EV STALLS WOOD PLANTER BOX GRASS AREA — OHP OHP OHP 4 a J 4 a 4 4a 4 ° a OHP d a 4 ° a a ° a 4 a a PARKING STRIPE (TYP.) a. 4 a 4 4 ° 4 4 a ° a a a 4 C a° 4 a 4 a 4 4 a 4 ° a a 4 4 ° a EXISTING ASPHALT PARKING LOT 4 a ° a ° a 4 a ° 4 a a. a 4 a 4 PROPOSED UNDERGROUND ELECTRICAL LINE BY MIDAMERICAN ENERGY COMPANY. ////////////////////////////////� OHP OHP OHP OHP EXISTING OVERHEAD POWER LINE OHP 4 EXISTING ASPHALT 40PAF KIND LOT 4 a 4 FO ASPHALT CONC. CURB (TYP.) OHP OHP OHP CO co 2 1 BUILDING z w co J w 0 U 2 z w J w Ta 1 0 0 0 Z 1..1- w Z 2 SS RIM: 857.02' FULL OF WATER - I RIM: 860.80' INV. ELEV. (NW): 856.50' APN: 8813-02-427-003 /////////////////////////// OHP OHP OHP //// // // // / j EXISTING ST ASPHALT PARKING LOT 771/ / / / / BUILDING OHP OHP OHP OHP OHP OH! TEELR T=SLR 3500 DEER CREEK RD PALO ALTO, CA 94304 (650) 681-5000 LAB 49030 Pontiac Trail, Ste 400 Wixom, Michigan 48393 PHONE: 248-705-9212 DRAWN BY: CHECKED BY: RC PL D 12/05/2019 CD90 c 10/23/2019 CD90 10/14/2019 CD90 A 10/01/2019 CD50 REV DATE DESCRIPTION LI 'tS?00 06744 0 0 0 0 0 o o o o O 0 °o IOWA o Cho �o o ��o 0 0 CONSISTENT WITH APPLICABLE LICENSING LAWS THIS SEAL CERTIFIES ONLY THAT THE ARCHITECTURAL DESIGN WORK WAS PREPARED EITHER PERSONALLY BY ME OR UNDER MY IMMEDIATE AND DIRECT SUPERVISION AND CONTROL. THE SEAL IS NOT INTENDED TO AND DOES NOT IN FACT ATTEST TO ANY ENGINEERING WORK THAT WOULD FALL OUTSIDE THE SCOPE OF WHAT THE APPLICABLE LICENSING LAWS WOULD PERMIT AS THE PRACTICE OF ARCHITECTURE. ♦' SITE NAME: WATERLOO, IA 1422 FLAMMANG DR WATERLOO, IA 50702 SHEET TITLE OVERALL SITE PLAN SHEET NUMBER OVERALL SITE PLAN 0' 8' 16' 32' SCALE: 11"x17" - 1/32"=1' 22"x34" - 1/16"=1' 48' A-1 Page 207 of 255 NOTES 1. THE CONTRACTOR SHALL VERIFY ALL DEMOLITION AND CONSTRUCTION QUANTITIES PRIOR TO BIDDING. 2. TRANSFORMER TO BE INSTALLED PER MANUFACTURER INSTRUCTIONS. PROPOSED MASTER CONTROLLER MOUNTED ON H-FRAME N OA OJ PROPOSED UTILITY METER MOUNTED ON H-FRAME • ±24'-5" PROPOSED TESLA SUPERCHARGER V3 CABINET ON PRECAST FOUNDATION (TYP OF 2) PROJECT AREA STALL COUNT EXISTING STALL COUNT 19 PROPOSED TESLA CHARGING STALLS 8 EXISITNG STALLS TO REMAIN 9 TRAFFIC DIRECTION 4 -0" MIN PROPOSED TESLA FUSED DISCONNECT PROPOSED TESLA AC DISCONNECTS (TYP OF 2) PROPOSED BOLLARD (TYP OF 4) PROPOSED H-FRAME MOUNTED CT CABINET 0 Hd d TESLA EQUIPMENT SCHEDULE TESLA EQUIPMENT DESCRIPTION PART NUMBER QUANTITY SUPERCHARGING CABINETS VERSION 3 1450758-00-D 2 CHARGING POST VERSION 3 1088585-00-D 8 SITE MASTER CONTROLLER INDUSTRIAL SITE CONTROLLER 1137202-02-C 1 EXISTING ASPHALT PARKING LOT 0 • ±86'-1" (8 EQ. PARKING SPACES TO MATCH EXISTING - 9'-0" MIN. NEW TRANSFORMER. TESLA TO INSTALL TRANSFORMER PAD. MIDAMERICAN ENERGY COMPANY TO PROVIDE AND INSTALL 0 TRANSFORMER. d—--d——d d d d d d d d d d d d d d NOTES 1. SOD PLANTED IN THE FALL MUST ESTABLISH ITS ROOTS BEFORE THE FIRST WINTER FROST. DETERMINE WHEN THE FIRST FROST USUALLY OCCURS, AND PLANT THE SOD NO LATER THAN ONE MONTH BEFORE THE FIRST FROST. IF THE CONSTRUCTION IS FINISHED LATER THAN ONE MONTH BEFORE THE FIRST FROST, USE STRAW UNTIL SOD CAN BE INSTALLED. 2. FOR SIGNAGE INFORMATION SEE SHEET A-5. 3. THE CONTRACTOR SHALL VERIFY ALL DEMOLITION AND CONSTRUCTION QUANTITIES PRIOR TO BIDDING. PROPOSED PARKING LINE TO BE PAINTED WHITE (TYP OF 8) REMOVE EXISTING PARKING LINE FOR RECONFIGURE d PROPOSED CONCRETE CURB WITH GUTTER PROPOSED PEDESTRIAN LIGHT POLE AND FIXTURE PROPOSED TESLA ILLUMINATED CHARGING STATION (TYP OF 8) PROPOSED NON -ILLUMINATED PARKING SIGN (TYP OF 8) d 0 d d d d d d d EXISTING ASPHALT PARKING LOT ±18'-4" \ START POINT OF THE NEW TESLA PARKING SPACES / CURB LAYOUT#1 - EXISTING PARKING LINE REMOVE EXISTING \ CURB AS REQUIRE FOR NEW PARKING SPACE INSTALLATION TC=BC+6" BC=ALIGN WITH EXISTING PAVEMENT d d d d d d d d 9 9 g d d d d d d d d • r TEELR 3500 DEER CREEK RD PALO ALTO, CA 94304 (650) 681-5000 T TESL R I 49030 Pontiac Trail, Ste 400 Wixom, Michigan 48393 PHONE: 248-705-9212 ♦ l DRAWN BY: CHECKED BY: RC PL D 12/05/2019 C 10/23/2019 B 10/14/2019 A 10/01/2019 `REV DATE I CD90 CD90 CD90 CD50 ♦ DESCRIPTION I mom LICH° • erZi° °°o06744 ° o� IOWA 0 0 0 0 CONSISTENT WITH APPLICABLE LICENSING LAWS THIS SEAL CERTIFIES ONLY THAT THE ARCHITECTURAL DESIGN WORK WAS PREPARED EITHER PERSONALLY BY ME OR UNDER MY IMMEDIATE AND DIRECT SUPERVISION AND CONTROL. THE SEAL IS NOT INTENDED TO AND DOES NOT IN FACT ATTEST TO ANY ENGINEERING WORK THAT WOULD FALL OUTSIDE THE SCOPE OF WHAT THE APPLICABLE LICENSING LAWS WOULD PERMIT AS THE PRACTICE OF ARCHITECTURE. SITE NAME: WATERLOO, IA 1422 FLAMMANG DR WATERLOO, IA 50702 SHEET TITLE PROPOSED SITE PLAN / DEMOLITION PLAN SHEET NUMBER PROPOSED SITE PLAN AND DEMOLITION PLAN 0' 2'-8" 5'-4" 10'-8' 16' SCALE: 11"x17" - 3/32"=1'-0" 22"x34" - 3/16"=1'-0" A-2 Page 208 of 255 12" 12" NOTES CHARGING POST SIGNAGE SCHEDULE 1. BOTTOM OF LOWEST SIGN TO BE INSTALLED 54" ABOVE GRADE. 2. SEE SHEET GN-3 FOR SIGN POST NOTES. �...... �T 1 SUPERCHARGER CHARGE POST SIGN(S) TO INSTALL 3. ADDITIONAL PARKING SIGNS TO BE INSTALLED 2" ABOVE TOP OF PREVIOUS SIGN. 1A ENABLED 4. SIGNAGE TO BE REFLECTIVE VINYL. O 1 B ENABLED IT oo 5. SIGNAGE SHALL BE PRINTED WITH RED LETTERING ON A WHITE BACKGROUND. = T=sLn 1C ENABLED 6. ALL TEXT SHALL BE CAPITAL LETTERS. LABEL FONT SHALL BE ARIAL (OR SIMILAR) AND IS NOT TO BE BOLD. T = 5Ln 1 D ENABLED _ T 5 T n 7. CONTRAST BETWEEN CHARACTERS, SYMBOLS AND THEIR BACKGROUND SHALL BE 70% MINIMUM AND HAVE A NON GLARE FINISH. VEHICLE 30 2A DEDICATED T= 5 L R CHARGING 30 MINUTE DEDICATED ONLY GENERAL PARKING CD2B 20 DEDICATED 3500 DEER CREEK RD PALO ALTO, CA 94304 (650) 681-5000 i 2D DEDICATED DEDICATED ENABLED 1 PROPOSED TESLA AC DISCONNECTS OF 2) 0 PROPOSED PEDESTRIAN LIGHT (TYP (BEHIND) POLE AND FIXTURE PROPOSED MASTER 11) CONTROLLER & METER r 0 PROPOSED TESLA ILLUMINATED MOUNTED ON H-FRAME CHARGING STATION (TYP OF 8) PROPOSED TESLA 0 SUPERCHARGER V3 CABINET ON PRECAST FOUNDATION PROPOSED NON -ILLUMINATED (TYP OF 2) 0 PARKING SIGN (TYP OF 8)LAIE3 PROPOSED UTILITY 0 PROPOSED H-FRAME 49030 Pontiac Trail, Ste 400 Wixom, Michigan 48393 PHONE: 248-705-9212 1 ■ ■ ■ ■ ■ TRANSFORMER MOUNTED ■ ■ CT CABINET ■ T 11 = e 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DRAWN BY: RC CHECKED BY: PL 1 1 1 I I 1 1 1 1 1 1 1 1 _1 D 12/05/2019 CD90 C 10/23/2019 CD90 B 10/14/2019 CD90 A 10/01/2019 CD50 REv DATE DESCRIPTION ` ,r 0' 2' 4' 8' 12' - - A SITE ELEVATION SCALE: 11"x17" - 1/8"=1'-0" 22"x34" 1/4"=1' 0" 1'-0" 1'-0" PROPOSED TESLA AC DISCONNECTS (TYP OF 2)0 (BEHIND) - MAIN _ ° PROPOSED H-FRAME DISCONNECT 844 EAST 1250 MOUNTED CT CABINET 0 INSIDE 000��Q` oo�° Q�° o° o 0 Ss 13 oo6i;°° moo MOM ° LI CH0 000�0�, °°�� 06744 ° ° 0 ° °° IOWA °° °°&moo sI` R ° ° P�G`Z`0000 D DODO moo ° 0 O ° Vo \ o o O o MAIN ADDRESS DISCONNECT I PROPOSED TESLA SUPERCHARGER 0 V3 CABINET ON PRECAST FOUNDATION OF 2) c PROPOSED MASTER CONTROLLER (TYP - - & METER MOUNTED ON H-FRAME 0 I I PROPOSED CONCRETE CONSISTENT WITH APPLICABLE LICENSING LAWS THIS SEAL CERTIFIES ONLY THAT THE ARCHITECTURAL DESIGN WORK WAS PREPARED EITHER PERSONALLY BY ME OR UNDER MY IMMEDIATE AND DIRECT SUPERVISION AND CONTROL. THE SEAL IS NOT INTENDED TO AND DOES NOT IN FACT ATTEST TO ANY ENGINEERING WORK THAT WOULD FALL OUTSIDE THE SCOPE OF WHAT THE APPLICABLE LICENSING LAWS WOULD PERMIT AS THE PRACTICE OF ARCHITECTURE. SLAB - r - 1 SITE NAME: WATERLOO, IA 1422 FLAMMANG DR WATERLOO, IA 50702 / Yx . I 1 1 1 1 1 1 X�xx.}Txkrxko`x}x}{xy ;`. SHEET TITLE SITE ELEVATION [ SHEET NUMBER A-3 J 0' 8 1 4 2 8 4 - B SITE ELEVATION SCALE: 11"x17" - 3/8"=1'-0" 22"x34" - 3/4"=1'-0" Page 209 of 255 NOTES: 1. THE UTILITY DESIGN DETAILS SUMMARIZED ON THIS SHEET ARE FOR PROPERTY OWNER REVIEW. THE CONTRACTOR SHALL REFERENCE THE UTILITY DESIGN PACKAGE (UDP), PROVIDED WITH THE "ISSUED FOR CONSTRUCTION" DRAWINGS FOR BIDDING. THE CONTRACTOR SHALL INSTALL THE UTILITY RELATED SCOPE OF WORK PER UTILITY CONSTRUCTION SPECIFICATION REQUIREMENTS. 2. UTILITY EQUIPMENT INSTALLATIONS AND PREP WORK AND TERMINATION OF SERVICE CONDUCTORS SHALL BE COORDINATED WITH THE APPROPRIATE UTILITY ENGINEER AT TIME OF PRECONSTRUCTION MEETING TO ENSURE ACCURACY OF INSTALLATIONS. 3. TRANSFORMER BOLLARD PROTECTION TO BE INSTALLED PER UTILITY SPECIFICATION. ADDITIONAL BOLLARD PROTECTION MAY BE REQUIRED AT THE DISCRETION OF THE UTILITY FIELD INSPECTION PERSONNEL. ELECTRICAL SCOPE OF WORK RESPONSIBILITIES SCOPE BY UTILITY BY CONTRACTOR PROVIDE PRIMARY SIDE TRENCHING X PROVIDE & INSTALL PRIMARY SIDE CONDUITS W/ PULLWIRE X PROVIDE & INSTALL PRIMARY SIDE CONDUCTORS X PROVIDE & INSTALL UTILITY TRANSFORMER PAD X PROVIDE UTILITY TRANSFORMER X INSTALL UTILITY TRANSFORMER X INSTALL CONNECTIONS AT UTILITY TRANSFORMER (PRIMARY) X INSTALL CONNECTIONS AT UTILITY TRANSFORMER (SECONDARY) X PROVIDE METER PEDESTAL X INSTALL METER PEDESTAL X PROVIDE METER BASE X INSTALL METER BASE X PROVIDE METER X INSTALL METER X PROVIDE CTs ("2 METER - 2 SOCKET" - VT PACKAGE) X INSTALL CTs (INSIDE VT PACKAGE) X PROVIDE SECONDARY SIDE TRENCHING X PROVIDE & INSTALL SECONDARY SIDE CONDUITS W/ PULLWIRE X PROVIDE & INSTALL SECONDARY SIDE CONDUCTORS X PROVIDE ROAD CUTS / ROAD BORES FOR UTILITY WORK X PROVIDE & INSTALL PAVEMENT REPLACEMENT FOR UTILITY WORK X NOTE: SCOPE SHOWN ABOVE WAS PROVIDED BY AEP. FIELD VERIFY PRIOR TO CONSTRUCTION. TESLA TO INSTALL TRANSFORMER PAD. MIDAMERICAN ENERGY COMPANY TO PROVIDE AND INSTALL TRANSFORMER. EXISTING POLE OHP OHP OHP OHP OHP OHP 0 OHP -13 OHP CI 0 0 LI 4 PROPOSED UNDERGROUND ELECTRICAL LINE BY MIDAMERICAN ENERGY COMPANY. -D REFER TO PROPOSED ELECTRICAL PLAN SHEET E-2 FOR THE ENLARGED VIEW OF PROPOSED TESLA INSTALLATION MidAMERICAN EV STALLS OHP OHP OHP OHP OHP OHP OHP OHP OHP UTILITY PLAN 0' 20' 40' 80' 120' SCALE: 11 "x17" - 1 "=80'-0" 22"x34" - 1 "=40'-0" TEELR T E E L R 3500 DEER CREEK RD PALO ALTO, CA 94304 (650) 681-5000 LAB 49030 Pontiac Trail, Ste 400 Wixom, Michigan 48393 PHONE: 248-705-9212 DRAWN BY: CHECKED BY: JR RH e 1 D 11/25/2019 CD90 C 10/23/2019 CD90 B 10/14/2019 CD90 A 10/01/2019 CD50 `REV DATE DESCRIPTION f 4, 1 f f SITE NAME: WATERLOO, IA 1422 FLAMMANG DR WATERLOO, IA 50702 SHEET TITLE UTILITY PLAN SHEET NUMBER E-1 Page 210 of 255 cD-3 PROPOSED MASTER CONTROLLER CMOUNTED ON H-FRAME PROPOSED UTILITY METER MOUNTED ON H-FRAME E D-1 PROPOSED CONDUITS FROM PROPOSED DISCONNECT TO PROPOSED SUPERCHARGER CABINET PROPOSED MASTER CONTROLLER MOUNTED ON H-FRAME PROPOSED UTILITY METER MOUNTED ON H-FRAME COC PROPOSED TESLA AC D-3 DISCONNECTS (TYP OF 2) CD-3 o PROPOSED TESLA FUSED DISCONNECT P d d d d PROPOSED SECONDARY CONDUIT FROM PROPOSED TRANSFORMER TO CT CABINET (DIRECTION BORE) aaa Lp P PPP PPP PPP P P P P P P P P P P P P P P P P P P P P P P P PROPOSED TESLA V3 SUPERCHARGER CABINET a P P PP PP PP PP P P 0 P P P P P P PROPOSED TESLA CHARGING STATION POWER CONDUITS P P P P PROPOSED PAD A MOUNTED CT CABINET D-3 PROPOSED UTILITY TRANSFORMER TESLA PRIMARY LINE FROM MA TRANSFORMER TO TESLA TRANSFORMER PPP P P P P P P P P P P P P P P P P P P P P P P P P P P P P 0 d P d P P d P P P P a NOTES: 1. BIDDING CONTRACTOR TO VERIFY DEPTHS AND LENGTHS IN FIELD. 2. THE EXACT ROUTING PATH AND CONDUCTOR RUN LENGTHS SHALL BE DETERMINED BY THE CONTRACTOR IN THE FIELD BASED ON PHYSICAL MEASUREMENTS. CONTRACTOR TO ORDER CONDUCTOR BASED ON FIELD MEASUREMENTS (MUST BE APPROVED BY TESLA INSTALLATION MANAGER). 3. ALL ELECTRICAL WORK AND RELATED ACTIVITIES PERFORMED ON -SITE SHALL BE DONE IN ACCORDANCE WITH NATIONAL ELECTRIC CODE (NEC) STANDARDS BEING ENFORCED BY ALL APPLICABLE JURISDICTIONAL REQUIREMENTS AT THE TIME OF CONSTRUCTION. 4. THE MAXIMUM RUN LENGTH BETWEEN SUPERCHARGER CABINET AND CHARGING POST, INCLUDING BURIED DEPTH IS NOT TO EXCEED 330'. 5. SEE SHEET E-3 FOR CONDUIT AND WIRE SIZES. P a P P pi P P P P P P P P P P P P P P P P P P P P P P d d d d PROPOSED UTILITY TRANSFORMER d d d d d d d d d —d d TESLA PRIMARY LINE FROM MA TRANSFORMER TO TESLA TRANSFORMER d P P P d d a P P P P P P P 0 PROPOSED PEDESTRIAN LIGHT POLE AND FIXTURE d d d —d —d- -d- d— PROPOSED TESLA ILLUMINATED CHARGING STATION d d REFERENCE SHEET E-1 FOR A SUMMARY OF THE UTILITY RELATED CONSTRUCTION RESPONSIBILITIES AND DESIGN DETAILS SITE ID: Waterloo, IA VOLTAGE: 277/480V PHASE: 30 SERVICE LOAD (kVA) USAGE FACTOR LOAD DESCRIPTION 433 1.0 V3 SUPERCHARGER 433 1.0 V3 SUPERCHARGER 0.5 1.0 MASTER CONTROLLER 0.131 1.25 POLE LIGHT 866.63 CON N ECTED kVA 1044.13 CON N ECTED AMPS 1044.17 DEMAND AMPS CAUTION - ALL TRADES USE EXTREME CAUTION IN AREA OF EXISTING UTILITIES - HAND DIG - USE ELECTRONIC DETECTION PRIOR TO DIGGING d d d d d d d d TEELR 3500 DEER CREEK RD PALO ALTO, CA 94304 (650) 681-5000 r T=ELR / J t LAB 49030 Pontiac Trail, Ste 400 Wixom, Michigan 48393 PHONE: 248-705-9212 J DRAWN BY: CHECKED BY: JR RH r 1 D 11/25/2019 CD90 C 10/23/2019 CD90 B 10/14/2019 CD90 A 10/01/2019 CD50 REV DATE DESCRIPTION f t SITE NAME: WATERLOO, IA 1422 FLAMMANG DR WATERLOO, IA 50702 SHEET TITLE ELECTRICAL PLAN & PANEL SCHEDULE 'MDP' SHEET NUMBER ELECTRICAL PLAN 0' 2'-8" 5'-4" 10'-8' SCALE: 11"x17" - 3/32"=1'-0" 22"x34" - 3/16"=1'-0" 16' E-2 Page 211 of 255 ELECTRICAL FEEDER SCHEDULE NO FROM TO CONFIGURATION 1 UTILITY TRANSFORMER/ METERING PAD MOUNTED C/T CABINET (3) 500MCM AI (XHHW-2) (1) 500MCMAI (XHHW-2) NEUT IN EACH OF (4) 4" PVC CONDUIT + (1) SPARE 4" PVC CONDUIT 2 PAD MOUNTED C/T CABINET PROPOSED TESLA V3 CHARGING CABINET DISCONNECT (3) 350MCM AI (XHHW-2, THWN-2, OR RW90) (1) 350MCM AI (XHHW-2, THWN-2, OR RW90) NEUT (1) #1/OAWG Cu GND IN EACH OF (3) 3" PVC CONDUIT 3 PROPOSED TESLA V3 CHARGING CABINET DISCONNECT PROPOSED TESLA V3 CHARGING CABINETS (3) 350MCM Al (XHHW-2, THWN-2, OR RW90) (1) 350MCMAI (XHHW-2, THWN-2, OR RW90) NEUT (1) #1/OAWG Cu GND IN EACH OF (3) 3" PVC CONDUIT 4 PAD MOUNTED C/T CABINET SITE MASTER CONTROLLER DISCONNECT (1) #10AWG Cu (THWN-2) (1) #10AWG Cu (THWN-2) NEUT (1) #10AWG Cu (THWN-2) GND IN 1" PVC CONDUIT 5 SITE MASTER CONTROLLER DISCONNECT SITE MASTER CONTROLLER (1) #10AWG Cu (THWN-2) (1) #10AWG Cu (THWN-2) NEUT (1) #10AWG Cu (THWN-2) GND IN 1" PVC CONDUIT 6 SITE MASTER CONTROLLER PROPOSED TESLA CHARGING CABINETS CAT5e, SHIELDED, WEATHPROOF, COMMUNICATIONS CABLE. BELDEN 7919A OR EQUAL. INSTALL WITH METAL CONNECTOR AT SITE MASTER END. 7 PROPOSED TESLA V3 CHARGING CABINET PROPOSED TESLA CHARGING POST (4) 350MCM AI (1000V) (1) #1 AWG Cu GND (1) 600V COMM CABLE IN 4" PVC CONDUIT 8 CENTER CHARGING CABINET (SHARED DC BUS CABINET) DC BUS OF EACH CHARGING CABINET (2) 600MCM AI (XHHW-2, THWN-2, OR RW90) (1) #1/OAWG Cu GND, (1) #3/OAWG AI DC MID IN EACH OF (2) 3" PVC CONDUIT OR PRECAST CONCRETE WIREWAY 9 PAD MOUNTED C/T CABINET PROPOSED LIGHT POLE DISCONNECT (1) #12AWG Cu (THWN-2) (1) #12AWG Cu (THWN-2) NEUT (1) #12AWG Cu (THWN-2) GND IN 3/4" PVC CONDUIT 10 PROPOSED LIGHT POLE DISCONNECT PROPOSED LIGHT POLE (1) #12AWG Cu (THWN-2) (1) #12 AWG Cu (THWN-2) NEUT (1) #12AWG Cu (THWN-2) GND IN 3/4" PVC CONDUIT GENERAL SHEET NOTES 1. NEUTRAL MUST BE INCLUDED FOR PROPER OPERATION OF TESLA SUPERCHARGERS. 2. PROPOSED UTILITY PTS & CTS SHALL BE LOCATED IN PAD MOUNTED C/T CABINET BY UTILITY. PROPOSED METER SHALL BE MOUNTED ON H-STAND BY ELECTRICAL CONTRACTOR. COORDINATE EXACT REQUIREMENTS WITH UTILITY. 3. SEE SHEET E-4 FOR LOAD SCHEDULE. 4. ALL CONDUIT FURNISHED AND INSTALLED BY CONTRACTOR. ALL WIRING FURNISHED BY TESLA AND INSTALLED BY CONTRACTOR. SEE SHEET E-1 FOR UTILITY/CONTRACTOR SCOPE OF WORK. 5. ALL CONDUITS ACCESSIBLE TO THE GENERAL PUBLIC OR WHICH CONDUITS CAN BE DAMAGED SHALL BE RIGID GALVANIZED STEEL. 6. ALL BUSHINGS AND INTERNAL WIRING OF PROPOSED SERVICE EQUIPMENT PROVIDED BY MANUFACTURER. ANY MODIFICATIONS SHALL REQUIRE ENGINEERING APPROVAL PRIOR TO ANY CHANGES BEING MADE. 7. CONTRACTOR SHALL PERFORM ARC FLASH CALCULATIONS AS REQUIRED IN THE FOLLOWING: NFPA 70; NFPA 70E; OSHA 29; AND IEEE STANDARDS 1584. CONTRACTOR SHALL OBTAIN ALL NECESSARY INFORMATION FROM POWER COMPANY TO CALCULATE FLASH PROTECTION BOUNDARIES, INCIDENT ENERGY LEVELS, AND SHALL DETERMINE MINIMUM PPE REQUIREMENTS FOR COMPLETING THE WARNING LABELS. PROVIDE WARNING LABELS CONTAINING ALL THE LATEST INFORMATION AS REQUIRED BY LOCAL JURISDICTION, STATE AND FEDERAL CODES AND LAWS. 8. ALL SERVICE ENTRANCE DISCONNECTS SHALL BE GROUPED TOGETHER AND MARKED TO INDICATE THE LOAD SERVED. 9. VERIFY AVAILABLE FAULT CURRENT AT THE SECONDARY OF THE UTILITY TRANSFORMER WITH THE POWER COMPANY. CONDUCT A FAULT CURRENT ANALYSIS TO DETERMINE THE INTERRUPTING CAPACITY (AIC RATING) OF THE ELECTRICAL EQUIPMENT. AIC RATING OF EQUIPMENT SHALL BE BASED UPON CONTRACTOR'S FAULT CURRENT ANALYSIS. 10. ALL ALUMINUM (Al) CONDUCTORS TO RECEIVE ANTI -OXIDATIVE COATING DURING INSTALLATION. ALL OTHER CONDUCTORS ARE COPPER UNLESS NOTED OTHERWISE. 11 THE CHARGING CABINETS AND THE CHARGING POSTS USED ON THIS PROJECT COMPLY WITH THE FOLLOWING STANDARDS: • UL 2202 • CSA 22.2 NO 107.1-16 • UL 1998 PENDING 11. THE AFOREMENTIONED STANDARDS IDENTIFY THE REQUIREMENTS MET BY THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO: • PROTECTION AGAINST ELECTRIC SHOCK • OVERLOAD AND SHORT CIRCUIT PROTECTION • FAULT PROTECTION • DEGREES OF PROTECTION AGAINST ACCESS TO HAZARDOUS LIVE PARTS • THE INTERNAL COMPONENTS OF THE SYSTEM ARE PROPRIETARY. ANY QUESTIONS CONCERNING ACTUAL INTERNAL PROTECTIVE DEVICES MUST BE COORDINATED DIRECTLY WITH TESLA. 12. CONTRACTOR SHALL VERIFY AC AND DC WIRING REQUIREMENTS WITH VENDOR'S SCHEMATIC WIRING DRAWINGS. AC BUS (TYP. EACH CABINET) DC BUS (TYP. EACH CABINET) INTEGRAL DISCONNECT FOR EACH CHARGING POST FOR SERVICING OF EQUIPMENT — CHARGING CABINET/CENTER DC CABINET FOR SHARED DC BUS INTERCONNECTION (STAR CONNECTION) 1 1 1 T 0-0 0 0--0000 INTEGRAL DC DISCONNECT FOR SERVICING OF EQUIPMENT BI-DIRECTIONAL (1 PER NON -CENTER CHARGING CABINET) DC BUS INTERCONNECT WIRING BI-DIRECTIONAL (TYP. DC SHARED SYSTEM) DC SHARED BUS (CENTER CABINET ONLY) 1 ) N WIRING TO MDP CIRCUIT BREAKER INTEGRAL FUSING ON INPUT SIDE TYPICAL CHARGING CABINET ONLY (TOTAL OF CABINET# - 1) AC/DC INVERTER CONTRACTOR SHALL PROVIDE SIGNAGE AT CHARGING CABINET STATING "AC DISCONNECT IN SWITCHGEAR & DC DISCONNECT IN CHARGING CABINET" INTEGRAL DISCONNECT FOR EACH CHARGING POST FOR SERVICING OF EQUIPMENT WIRING TO VEHICLE CHARGING POST (UP TO 4 PER CHARGING CABINET) UTILITY PAD MOUNTED TRANSFORMER WITH TAPS 480/277V, 30, 4W (BY UTILITY) o SEE NOTE 2 ED C/T CABINET PROPOSED GROUND PER UTILITY REQUIREMENTS PROPOSED PEDESTRIAN LIGHT POLE AND FIXTURE (TYP) 0 PROPOSED CT CABINET. UTILITY TO DETERMINE CT/METERING CONFIGURATION. SECONDARY FEEDER DESIGN SUBJECT TO CHANGE BASED ON UTILITY FEEDBACK. CONTRACTOR TO PROVIDE PER POWER COMPANY REQUIREMENTS (BY TESLA) ,,Y SERVICE #4 NEUT GND g SEE GROUNDING DIAGRAM (TYP) (2) 5/8" x 8'-0" COPPER CLAD GROUND ROD INSTALLATION PER NEC 250 SEE GROUNDING DIAGRAM (TYP) 16'-0" IDEAL IF SPACE IS SPACING LIMITED, MEET 6'-0" MINIMUM SPACING. SERVICE #1 0 • 700/3 80% RATED NEUT GND E I- O 0 0 SERVICE #3 E D-1 SERVICE #2 700/3 7 80% RATED NEUT GND N 0 SITE MASTER CONTROLLER CHARGING CABINET #1 (V3) T 1A 1B 1C 1D ALL SERVICE DISCONNECTS SHALL HAVE THE PROVIDED PLAQUE - WARNING: THIS DISCONNECT INPUT REMAINS ENERGIZED EVEN IF OTHER DISCONNECTS ARE OFF. cI' 0 0 CHARGING CABINET #2 (CENTER V3) T 2A 2B PROPOSED 30A-1P, 480V 65kAIC, SERVICE ENTRANCE FUSED DISCONNECT SWITCH WITH 15A FUSES, NEMA 3R, LOCKABLE (TOTAL OF 2) (BY TESLA) PROPOSED SERVICE ENTRANCE MAIN DISCONNECT. 700A-3P, 80% RATED, 480/277V, 30, 4W, 65 KAIC, NEMA 3R, LOCKABLE (TOTAL OF 2) (BY TESLA) CIRCUIT BREAKER SETTINGS EATON NGH308033E Ir G IrLONG 2 tr SHORT 2 NOTE: ANY DC RUN LENGTHS BEYOND 330'-0" ARE NOT CONSTRUCTIBLE. TEELR 3500 DEER CREEK RD PALO ALTO, CA 94304 (650) 681-5000 T TEELR r 1 LfrB 49030 Pontiac Trail, Ste 400 Wixom, Michigan 48393 PHONE: 248-705-9212 N [DRAWN BY: CHECKED BY: JR RH r 1 D 11/25/2019 CD90 C 10/23/2019 CD90 B 10/14/2019 CD90 A 10/01/2019 CD50 REV ` DATE DESCRIPTION / r 1 [ SITE NAME: WATERLOO, IA 1422 FLAMMANG DR WATERLOO, IA 50702 [ SHEET TITLE POWER ONE -LINE DIAGRAM SHEET NUMBER E-3 TYPICAL V3 SUPERCHARGER INTERCONNECTION DIAGRAM NO SCALE B POWER ONE -LINE DIAGRAM NO SCALE A Page 212 of 255 GROUNDING LEGEND NOTE GROUNDING LEGEND 1. REBAR EXOTHERMIC BONDED TOGETHER WITH STEEL TIE WIRES OR WELDING SEE PLAN 1. EXOTHERMIC WELD (2) TWO, #6 AWG BARE TINNED SOLID COPPER CONDUCTORS TO GROUND BAR/LUG. ROUTE CONDUCTORS TO BURIED GROUND RING AND PROVIDE PARALLEL EXOTHERMIC WELD. GROUND BAR/LUG WITHIN O PROPOSED EQUIPMENT PROPOSED 5/8"X8'-0" OB GROUND ROD, SEE DETAIL � � 2. ALL GROUND BARS SHALL BE STAMPED IN TO THE METAL "IF STOLEN DO NOT RECYCLE." 3. ALL HARDWARE SHALL BE STAINLESS STEEL 3/8" DIAMETER OR LARGER. ALL HARDWARE 18-8 STAINLESS STEEL INCLUDING LOCK WASHERS, COAT C THIS SHEET \ O PROPOSED SERVICE GROUND, SEE DETAIL C THIS SHEET. / 5 L n T=ELR 3500 DEER CREEK RD PALO ALTO, CA 94304 (650) 681-5000 ` J ALL SURFACES WITH AN ANTI COMPOUND t'� -OXIDANT BEFORE MATING. s i i s ® O PROPOSED CHARGING CABINET GROUND FOR EMC. PROPOSED #4 AWG BARE Cu CONCRETE GROUNDING ELECTRODE CONDUCTOR �� 4. FOR GROUND BOND TO STEEL ONLY: INSERT A1 '--- i h',- - /Nt CADMIUM FLAT WASHER BETWEEN LUG AND STEEL, COAT ALL SURFACES WITH AN ANTI -OXIDANT '� �® E PROPOSED CHARGING O NON-METALLIC PROTECTIVE SLEEVE COMPOUND BEFORE MATING. 5. DO NOT INSTALL CABLE GROUND KIT AT A BEND AND \ \ / \ \ \� CABINET SEE PLAN FOR EXACT QUANTITY. EO (TYP) PROPOSED SWITHGEAR. r 1 SEE NOTE 1 ALWAYS DIRECT GROUND CONDUCTOR DOWN TO O SEE PLAN FOR EXACT SIZE GROUND BUS. _ V AND CONFIGURATION. GRADE . . °. 0 0 : . ° . o . ° 6. NUT AND WASHER SHALL BE PLACED ON THE FRONT 0 0 G #6 SOLID TINNED COPPER O��o�bLAIE) d° °� �° °°° y s.sw , �SIDE U�• �• �• �• �� �� �• • �• �• �• • �• • • �• �• �• • �• • �• • �• • �• �• �•i OF THE GROUND BAR AND BOLTED ON THE / BACK SIDE. INSTALL BLACK HEAT -SHRINKING TUBE 1 1 / Vies �� ®•����•® I��� �� 44®®�I4 I�I®®+I ��� +0 1� ���®� �®�� `�®�#�� ®# ** A ®�� �® LISTED 49030 Pontiac Trail, Ste 400 Wixom, Michigan 48393 PHONE: 248-705-9212 t J 600 VOLT INSULATION, ON ALL GROUND ' TERMINATIONS. THE INTENT IS TO WEATHERPROOF PROPOSED GROUND THE COMPRESSION CONNECTION. 7. THE CONTRACTOR SHALL BE RESPONSIBLE FOR INSTALLING ADDITIONAL GROUND BAR AS REQUIRED, PROVIDING 50% SPARE CONNECTION POINTS. 8. ENSURE THE WIRE INSULATION TERMINATION IS �0 , 1 0 (TYP) G (TYP)(EXOTHERMIC CONDUCTOR CADWELD CONNECTION WELD) A MECHANICAL CONNECTION GROUND ROD CONNECTIO PROPOSED CONCRETE PAD IN DIRECT CONTACT WITH EARTH PROPOSED COMPACTED CLEAN GRAVEL WITHIN 1/8" OF THE BARREL (NO SHINERS). 0 (TYP) 9. TESLA CHARGERS HAVE INTERNAL HIGH IMPEDANCE ■ GROUND FAULT PROTECTION (10MO). 10. EMC - ELECTROMAGNETIC COMPATIBILITY. 11. ALL GROUNDING HARDWARE SUPPLIED AND INSTALLED BY CONTRACTOR. [DRAWN BY: JR CHECKED BY: RH f 1 GROUNDING PLAN NO SCALE A CONCRETE ENCASED ELECTRODE DETAIL NO SCALE B D 11/25/2019 CD90 C 10/23/2019 CD90 PROPOSED SERVICE ENTRANCE CHASSIS MOUNT BAR B 10/14/2019 CD90 A 10/01/2019 CD50 REV DATE DESCRIPTION DISCONNECT. TYPICAL OF (1) PER GROUND (TYP) _, CHARGING CABINET T-SLR T=SLR =SLR T-SLR - - - - - - VEHICAL PROPOSED TESLA �� 1 1 CONNECTOR FACTORY INSTALLED MAIN BONDING Z A CHARGING (TYP) CABINET (TYP.) •TESLA JUMPER 0 CHARGING GFiND` POST (TYP OF 4, k J , \ J, \ /. } PER CABINET) FACTORY INSTALLED GROUND BAR(S) _ _ 0 0 ro +ro ro +ro ro — M+ — — #12 AWG GND WITHIN TESLA COMM CABLE (TYP) SITE NAME: WATERLOO, IA 1422 FLAMMANG DR WATERLOO, IA 50702 #1/0 AWG TINNED COPPER - PROPOSED GROUNDING ELECTRODE #1/0 AWG TINNED COPPER UNDERGROUND CONDUCTOR EQUIPMENT GROUNDING #1/0 AWG SOLID TINNED CONDUIT (TYP OF #1 AWG COPPER EACH CHARGE POST) PROPOSED 5/8"X8'-0" CONDUCTOR COPPER EARTH GROUNDING ELECTRODE CONDUCTOR EQUIPMENT GROUNDING CONDUCTOR GROUND ROD (PER O\ SHEET TITLE GROUNDING DETAILS UTILITY REQUIREMENT) PROPOSED 5/8"X8'-0" GROUND ROD v 16'-0" #2/0 TINNED COPPER (1) PER (2) CHARGING CABINETS IDEAL SPACING IF SPACE IS LIMITED, THEN MEET 6'-0" MINIMUM SPACING SHEET NUMBER G -1 TYPICAL GROUNDING SCHEMATIC NO SCALE C DETAIL NOT USED NO SCALE D Page 213 of 255 SEE PLAN NOTES NOTEg PRECAST CONCRETE 1. PRECAST CONCRETE FOUNDATION DESIGNED AND ENGINEERED FOUNDATION BY BY UNIVERSAL. r 1 6-3/3 CONDUIT 1. BOLLARD MUST BE FROM TESLA AND INCLUDE WELDED ON FIXTURE ATTACHMENT PADS. UNIVERSAL 2. PRECAST CONCRETE FOUNDATION SUPPLIED BY TESLA AND O�o 1 Q� _ — INSTALLED BY CONTRACTOR. 2. THE 4.33W, 315mA COMBINED TESLA LOGO AND �6C I I 3. CHARGING POST SHALL BE ANCHORED TO PRE -INSTALLED 20-3/32 11 TASK LIGHT LED ASSEMBLIES DRAWS POWER FROM THE PROPOSED SUPERCHARGER. THREADED INSERTS ON PRECAST FOUNDATION WITH HARDWARE o "O, I U SUPPLIED BY TESLA AND INSTALLED BY CONTRACTOR. 25-31/32" CAR SIDE 3. CONTRACTOR TO FIT REAR SKIN DURING I PROPOSED CONCRETE #4 BARS @ 12" _ O.C. EACH WAY M CENTER IN SLAB 1/2" CHAMFER z SAW CUT JOINT 2 (EVERY 6'-0" MAX) 1/8" WIDE X 1-1/2" = N - GRADES T _ 5 L n N °� 4. PRECAST CONCRETE FOUNDATION DIMENSIONS SHOWN FOR T E S LR 31-7/81' INSTALLATION AND REMOVE REAR SKIN UNTIL REFERENCE ONLY. CONTRACTOR SHALL COORDINATE WITH PLAN VIEW TESLA INSPECTION IS COMPLETED. 3500 DEER CREEK RD PALO ALTO, CA 94304 (650) 681-5000 3,_5„ — TESLA FOR EXACT DIMENSIONS AND SPECIFICATIONS. PLAN VIEW 5. SEE FROST NOTES ON SHEET GN-3 FOR FOUNDATION PREPARATION. 6. CONTRACTOR TO PROTECT EXISTING CURB AND PAVEMENT DURING INSTALLATION OF CONCRETE FOUNDATION. REPAIR OR t E _ S L i 9 fl i �1I—, Irr III=11111=1IIII=11111- •�, ,.� - .. .. ° 4A =llll 00 -——� a_ ° a d i ° . II=11f _1iiiJlllll=il 1=11111=11111= REPLACE AS REQUIRED. JI - JI IIII= ° ... a jIIInI )I� �I I �- \/L,r,l,_ // /i / — CONDUIT co o •40 _.•co (2) RED, 130mA "TESLA" LOGO LED ASSEMBLIES (SEE NOTE 2) (1) WHITE, 55mA TASK LIGHT LED ASSEMBLY (SEE NOTE 2) CAR SIDE F \�/ CONCRETE PAD NOTES \/ /v 6" MIN. COMPACTED FROST -FREE GRAVEL FILL UNDISTURBED SOIL OR PREPARED SUBGRADE (95% STANDARD PROCTOR) & CONCRETE SPECIFICATIONS: \� N to a \ %f- CONDUIT STUB r� ` i '-; I CAR SIDE FILL VOID TO MATCH EX. CONDITIONS t 1 49030 Pontiac Trail, Ste 400 Wixom, Michigan 48393 PHONE: 248-705-9212 o 1. FOUNDATION OTHER UNSUITABLE SUBGRADE SHALL LESS THAN 2 2. UNDERCUT SOFT WITH FILL MEETING 3. CONCRETE TO 4. REINFORCING 5. ALL REINFORCING 6. ALL CONCRETE STATE BUILDING 7. PAD SHALL BE PERIMETER SOIL OF THE PAD. AREA SHALL BE EXCAVATED TO THE DEPTH AND DIMENSIONS SHOWN MATERIAL SHALL BE REMOVED AND LEGALLY DISPOSED OF OFF BE ROLLED WITH A 1-TON, VIBRATORY, WALK -BEHIND ROLLER AT FPS,a 6 PASSES MINIMUM, TO PROVIDE UNYIELDING SURFACE. OR "WEAVING" AREAS A MINIMUM OF 12 INCHES DEEP. BACKFILL UNDERCUT THE SPECIFICATIONS OF STRUCTURAL FILL. HAVE A MINIMUM 28 DAYS COMPRESSIVE STRENGTH (fc)=4000PS1. BAR TO BE ASTM A615 GRADE 60. TO HAVE MINIMUM CONCRETE COVER PER ACI SPECIFICATION MATERIALS AND WORKMANSHIP SHALL CONFORM TO ACI 318-14 AND CODE. „ A MINIMUM OF 8 IN THICKNESS. THICKNESS OF PAD SHALL INCRESE SURFACE SLOPES TO MAINTAIN A MINIMUM OF 6 OF SOIL COVER TO ON THE PLANS -SITE. THE A SPEED OF AREA APPLICABLE AS THE THE BOTTOM III -II II IL ;'— _ E-II I 3 —4 Id —II I - Hi /[cURB •I EXISTING GRADEI ,/ ,/ //�' .° . °✓/�///// / / ; / / / `/��///� �/// /;//�//�//�/ a / % ��� PAVEMENT ��I / , 1 l ®, ® I 1 EXISTING GRADE r I iliii= �j��j��j��j /\� a /�����������am�j // // °-', \ ov ov ov o" _� �/���j��r/���/���/ %/i�/ice/i�/\ a ✓i�!/ice// ' /X/�, r�X/�i�%�/ a PAVEMENT /i/,// // /i• °d d a� // // // /// �i�// /i / ° X/ \/\�\/\/\ ;��/��j��j��j\ ///�//�//�/i / a d ./ ° �i ////i / /i- d ///%% ��� _ %�!. �� %�/�/��/��/� - CV �!���/i�/' a d d Q „ 6 MIN GRANULAR d ° a /X �, /�i�i�i �/�/\� d a U o m• ° d ° �� � d ° <�/i.�!i,�/i a ° ° ° '�/�/�//�//\ ° oU 4 d ° •d:.- BACKFILL. SEE FROST NOTES ON SHEET °� ° o �<� ��i��A�� PRECAST CONCRETE ° ,� J oho , � C� 1�����-\o cZR)g �� _ DRAWN BY: RC �o� GN-3 FOR FOUNDATION BY • p- - •� ,,�-� �� FOUNDATION PREPARATION oho o • •, �4�� UNIVERSAL CHECKED BY: PL -� �� c TYPICAL CONCRETE PAD DETAIL NO SCALE A CHARGING POST ELEVATION NO SCALE B CHARGING POST CONCRETE FOUNDATION NO SCALE C NOTES TESLA SITE CONTROLLER SPECIFICATIONS D 12/05/2019 CD90 1. CONTRACTOR TO JURISDICTIONAL DIPPED GALVANIZED, CAST IN PLACE PROVIDE CAST IN PLACE OR EPDXY METHOD BASED ON FIELD MEASUREMENTS REQUIREMENTS. (4) 5/8" DIAMETER THREADED ROD STAINLESS STEEL 4" MINIMUM EFFECTIVE EMBEDMENT, 2" MINIMUM EXPOSED ABOVE METHOD: AND OR HOT CONCRETE. C 10/23/2019 CD90 B 10/14/2019 CD90 A 10/01/2019 CD50 The Tula Site Controller is the bite -level interface that controls. and oparatec the entire Powerpack Sytam installation. The Controller interact: with all inverter blocks in the cite. collecting feedback data and running algorithms to optimize the ayatem'aoperation. The Controller: • Communicatea with the overall ayatem through each Powerpack Inverter tocontrol the entire energy aite •Hoatathe controlalgorithm that dictateathe charge and discharge functions. of the Powerpack Units. • lathe single point of interaction with external parties. • Supporta both grid -tied and microgrid bite configurations Testa offers a 10-year warrantyat no additional cost. Fuhy-iOaQed are alao available under certain conditions.. .. fly I -' - Tea.'3 �79 CQ^ilol',r�` ' 'Il. A. , ,o _ ' '1 i I -I `REV DATE DESCRIPTION J ASTM F1554, GR. ASTM FASTENERS: GR. A NUT AND EPDXY METHOD: 36 HDG OR ENGINEERING APPROVED EQUAL ANCHORS USING TESLA-PROVIDED (1) A563 GR. A NUT AND (1) F436 TYPE 3 WASHER ABOVE BOLLARD FLANGE, (1) F436 TYPE 3 WASHER AT THE BOTTOM OF THE THREADED ROD. JIG (1) A563 / OO�O� �o�`oo° O Q o 0 o o o %1"1°°° oQ�°° DDT �00�0Un d 000000000 oo L I CH °0000 `o o ° ° ° o a0A. °,o{'/(��o� 0 0 0 ° 06744 0 ° oIO�� o o°� S� R ° ° P�G o000000 0 00000 a Ll ��n q Il '0 % oO�o ° 0 0 0 0 ° o 0 o /� , O �OExtensions. , ASTM F593 SS OR IN DRILLED HOLES ASTM FASTENERS: 2. HAND TROWEL 3. CAST ENTIRE FOOTING 4. BOLLARD MUST ABOVE BE ENGINEERING APPROVED EQUAL ANCHORS SET WITH RED LOCATED USING TESLA-PROVIDED JIG (1) F594 NUT AND (1) SS304 OR SS316 WASHER ABOVE BOLLARD GRADE ELLIPTICAL FOOTING EDGES TO MATCH SHAPE IN ONE MONOLITHIC POUR. FROM TESLA AND INCLUDE WELDED ATTACHMENT PADS. 1 '-8" HEAD EPCON FLANGE. SHOWN IN 3" C6+ EPDXY DETAIL. ELECTRICAL MECHANICAL AND MOUNTING Nominal Input voltage Range 120-480 VAC Ingress Rating IP67/ NEMA 4 Nominal Frequency 50 or 60 Hz Dimensions L: 255 mm (10 in) w: 530 mm (20.9 in) Operating Power Consumption 100 w maxmum H: 730 mm (28.7 in) CONSISTENT WITH APPLICABLE LICENSING LAWS THIS SEAL CERTIFIES ONLY THAT THE ARCHITECTURAL DESIGN WORK WAS PREPARED EITHER PERSONALLY BY ME OR UNDER MY IMMEDIATE AND DIRECT SUPERVISION AND CONTROL. THE SEAL IS NOT INTENDED TO AND DOES NOT IN FACT ATTEST TO ANY ENGINEERING WORK THAT WOULD FALL OUTSIDE THE SCOPE OF WHAT THE APPLICABLE LICENSING LAWS WOULD PERMIT AS THE PRACTICE OF ARCHITECTURE. (BOLLARD2) TYP O F 510 m m 75 m m ( ) py Protection Category 111 Weight 21.4 kg (47.2 IDS) Operating Ambient -30°C to 50'C (-22°F to 122°F) Temperature (SEE NOTE 5) .♦ Maximum Attitude 3000 m NAME: WATERLOO,IA 1422 FLAMMANG DR WATERLOO, IA 50702 Relative Humidity 100% condensing. wet loosuon rated N -1 r \ / _ NSITE ti .-. o REGULATORY COMMUNICATIONS / / J \ \\\ / /// I J C tion5 UL61010-1 P, ►•,odDtaTCP CSA 222 DNP3 IEC-61010-1 Rest API O �� Communications Ethernet Cellular 5.5"-6" 2"-4" CONDUIT 3.75" SHEET TITLE INSTALLATION DETAILS TESL, 140mm-152mm ANCHOR LOCATION (TYP OF 4) (95mm) SHEET [ NUMBER 0-1 TYPICAL BOLTDOWN DETAIL NO SCALE D MASTER CONTROLER MANUFACTURER DETAILS - FOR REFERENCE ONLY NO SCALE E NOT USED NO SCALE F Page 214 of 255 e Pole Series � � Project Name: SITE LIGHTER (SL1) �;�:; LinmoreLED ill .;.:. Application: BRILLIANT& ULTA PERFORMANCE LIGHflNG Date: Specifications ` LIGHTING &SPECIALTY PRODUCTS S sena 0 2 c UE us uL' IP66 Suitability Wet Locat ons-IP65 Rated Operating The LEPG BLPSSS Series Straight Scare Steel roles are built Iran high BLPSSS strengthsteel tube and are available side drilled for arm mounted area lighting SITE LIGHTER (S L 1) Warranty 10 Years Temperature -40F to +130F IT l an inaires cr Aith tenon mourts fcr 'clod and post top lum inares. Typi cal area lighting applications include retal centers, industrial parks, schods and Efficacy (500010 Up to 170 Lumens/Watt Life L70- 150,000 Hours StraightSquareSteel universities, public transit and office b aldngs end medical tadlities.Expected t airports, o Poles,4".5"Linmore LEDLabsSiteLighter(Sll)isasuperior - Mourting heights 10to 30 feet can used based m selected ILmcilibe • Voltage 120-277V, 347-480V T 5 L n application. combination of performance, value, and form System Wattages 75W,100W,125W,150W & 300W T - 5 L n • Specifications and Features: factor. The body of the Site Lighter is .•• Color Rendering Index >70 Certifications UL 1• Light Facts, FCC CFR 47 Pori i 55, ROHS, CUL Canada , Pole specifications: Contnn.to STr4A500 Grade B: rulnimum field Strength of46.000 PSI. unique in that it is extruded aluminum • 0 ° Color Temperature 3500K, 4000K & 5000K Design Lights 3500 DEER CREEK RD PALO ALTO, CA 94304 (650) 681-5000 Wall ThicknessAosilable in 11 Gauge (.120")or 7 Gauge (.180"). and exceptional at moving thermal -Consortium Yes 4-end arSquare Finish: Tedured Architectural Bronze Pow dercoat Fhish, Baked to Ensure Mabmum Paint Adhesion, Hardness and Durability. energy while the rest of the market uses ; castings or weldments. Beyond the thermal o Ordering Information Anchor Bolts: Anchor Bolt_ are hcluded, Sized Based on Pole Data Charts 1 rthe Selected Pole Size. efficiency of the housing, the aesthetics are modern - Model Hou sing Size Wattage Kelvin Optic Volts Housing Color Mounting Options Pz 2Rx 4•70101 Hand Hole: Iron Rehforced Hand Hrae and Cover with Ground Screw. and attractive. Efficacy averages 165 lumens/watt across our LL•SL1• Small (SM)75 3500K(35K } T e2 2 Type �) 120.277V U ( Bronze (BRN) Shp Fitter (SF)Sensor p ( ) (SN) 10.30 Pect Base Cover: models putting the Site lighter in rare space and bringing '`'` • (MD) 100 4000K (40K) Type 3(T3) 200.480V (HV) Vlhite (WHT) White Standard Arm (SA) Photo Cell (PC) Poles are Prouded Alta Two -Piece Formed Steel Base Coterthat is EasilyAssembled ultra -low wattages to site lighting. A variety of optic packages Large (LG) 125 5000K (50K) Type 5 (TS) Trunnion (TM) and Pried 0 er Pole Base. light it is last, Pole Length: direct the where needed. Built to the Site Lighter 150 Poles are AAeilable in Standard Lengths as Shown in the Order Matrix. Poles can be Custom On to Order. Consult Factory. incorporates Linmores drivers for years of sustainable ownership. 300 C `l Mounting Options: Standard Length Poles hclude 2%" OD Tenon, Side Drilled argo Degrees, Polycarbonate Top Cover and Hole Plugs for Fused Liming Locations. When the objective is to maximize value in your exterior lighting with power, energy savings, and aesthetics, the Linmore Site Lighter is the clear choice. + Example p r .W L L- 5 L I-S.vt-7uW-OK-T2-UN1�-E3RN-SF-S PJ LAIE3 Cut To Order Poles can be Side Driled br2(d�180 Degrees or4l 0 Degrees.Indudes Polycarbonate Top Cover and Hole Plugs for Unused °riling Locations. �� C 0 Cut To Order Poles May Also Be Ordered With2 .'00TenonsforUseWlhPostTop Decorah a Luminaires, Flood/Area Slip Fitter Fixtures. An xres,oryof a Aide de Variety of Lumen Packages Pole Top Mourrthg Accessories. HIGHLIGHTS T2 T3 TS Housing Type Size (WxLxH) Weight i" z SideDrills 11 so Optics: Mounting Options: 75W 13104 13026 125SE Smal. 10.75 x 17 x4 (taper to 1.5) 14 Order Information Example: BLPSSS30a07ZP2LBC Type 2,Type 3 &Type 5 100W 16224 16062 16175 Small 10.75 x 17 x4 (taper to 1.5) 14 B LPSSS Z Clear, Polycarbonate Lens Slip Fitter 125W 21710 21493 21645 Medium 12.62 x 17 x 4 (taper to 1.5) 16 49030 Pontiac Trail, Ste 400 WixomMichigan 48393 ' PHONE: 248E705-9212 ` 1 (Knuckle Adapter) ' - 150W 25272 25019 25196 Medium 12.62 x 17 x 4 (taper to 1.5) 16 model Height/Shaft/Gauge Plakdne Color Pete 7e Mounting Drill rem late Options t 1 e eP Efficacy: , `' 4' Squse 4'Squre s squIrc 300W 47424 46950 47282 Large 20 x 17 x 4 (taper to 1.$} 24 13LP8S3-Smgit Square s-o i Pi,C 11 Gougc 20411-20" "Gauge: 25407-25' 7Goug 30807-?0' Z-a r.,M O2-DNe02Stle a at 180•gltl Plugs (1)LAB-Leff I:D-Eaa;teoA.n, 0L25. (Lea.¢6►..kj-No opt Is Arclor0or 0 Ultra -High Efficacy -Up to 175 Lumens per Watt Industry Leading 'Lumens are based on 5000K 124-Dnitd 1SIOesuro Pugs (i) LBc-Let easeCale r0 For EPA information go to: www.11nmoreled.eom/suppori ,, ' P2-2hx r/ITkeoe Construction: Extruded Aluminum Body Straight Arm Ann° Straight A a0000a000e 00 ° ° ° ° ° ° °0 0000000000 Heavy Duty Powder Coating } — G000000000 op a o o a o o Modern Form Factor 0000000000 DOon Onnnoa11 7S' oa000000ao0 uoo0o00°00 oeoaaoocao Project Information: Notes: 0000000000 '262 Project Name: 1S.I:S' Fixture Type: 1. Side Galled pd. I Include pci caroonob pole cap. 2. All pole I Include a res Mr Do14 I b niard. con sultdim a ni Im table by I I ar Da led on de dlm en alone. p Controls/Sensors: Linmore LED Driver 0-10V Dimmin B, O O O O O O O a e 00 0000000000 0000000000 • U; O O O O O O O O O o G 0 0 0 0 0 0 0 0 O 0000000000 7 o O C a 0 o c 3.7. 00°00000: o0000000 S. All poles Include l WO 7�lece bronzy Da le Co vac / o e a o o o o a 0 e 0 0 0 0 0 0 0 0 U :, Complete Catalog 4: Cate: Motion/Dimming Sensor Trunnion (Yoke) 11 1 Mount `11 �- Comments: Photo Cell ' I'` r�— tr —mil - r: it . 2S' F r f ; DRAWN BY: RC CHECKED BY: PL .fr 1 ecllcatoes s,blect ceasge aNn, tsotbe. Reu.021613Th'LL( to »ecrlcar ors aye 5ubecr cD Chance. Linmore LED Labs 12360 5 Orange Ave, Fresno CA 93725 1559-481,-6010 I www.linrvo•eled.com I info@linrnoreled.com Linmore t Fr, ! abs 12360 S O•a^ge Ave -r, 7,n0 17 • 'a 3725 1559-485-60I0 I w•ww• Iinn-1o•e ell corn Infocllnrnoreled corn D 12/05/2019 CD90 C 10/23/2019 CD90 B 10/14/2019 CD90 A 10/01/2019 CD50 `REV DATE DESCRIPTION PEDESTRIAN DETAIL - LIGHT FOR POLE MANUFACTURER REFERENCE ONLY NO SCALE A TYPICAL PEDESTRIAN LIGHT FIXTURE MANUFACTURER DETAIL - FOR REFERENCE ONLY NO SCALE B NOTES 1. FOR SPECIAL JURISDICTIONAL REQUESTS, AND SIGN POST NOTES, SEE SHEET GN-3. 7 MATCH PAVEMENT 2. CONTRACTOR TO SELECT CONCRETE FOOTING OR BOLT DOWN BASED ON EXISTING CONDITIONS. 7rl - ELEVATION 3. SEE SHEET A-3 FOR PLACEMENT. FINISHED 6rl BOLT DOWN BASE PLATE NOTES 1 1/2" 4" GRADE R=1 /4" R=21r R=1 /4" 1. CONTRACTOR TO PROVIDE AND INSTALL SIGN POST, BASE PLATE ASSEMBLY, EXPANSION r (TYP) (TYP) C_ V • o!(j�°°°°° o o o o V o� o o ��* 000�����010002 �00000 LI OOo0 0° 0° 0 00�/ Dom °°°to Q o 06744 ° o� ° ° o 0 0 0 ° ° V o fT °° IOWA o o ° A,....0 i, ° ° ° ° ° °�oo�o ��� R D P� �0000 °g8 do u R N o o o V , ANCHORS, AND 1/2" DIA A307 BOLT. CAR SIDE =1i1-IiI=IIi=M= 111E111E111-111 2. BASE PLATE ASSEMBLY TO BE HOT DIPPED GALVANIZED. PAINT TO MATCH SIGN POST. rI -III=III- IV3. b...-11- - PROVIDE 1/4" DIA. DRAIN HOLE TO PREVENT WATER FROM COLLECTING IN HSS. (TYP) O a O _ a0 11 9/16 HOLE L N (4 PLACES) 2"x2"x1/8" GALVANIZED C\I 4„ 8" 81r Orr 0 0 STEEL POST WITH GALVANIZED STEEL CAP - 2,_0,r 3/16 V TYPE B HSS 2 1 /2x1 /2x1 /8x4" -� ti d LONG CONSISTENT WITH APPLICABLE LICENSING LAWS THIS SEAL CERTIFIES ONLY THAT THE ARCHITECTURAL DESIGN WORK WAS PREPARED EITHER PERSONALLY BY ME OR UNDER MY IMMEDIATE AND DIRECT SUPERVISION AND CONTROL. THE SEAL IS NOT INTENDED TO AND DOES NOT IN FACT ATTEST TO ANY ENGINEERING WORK THAT WOULD FALL OUTSIDE THE SCOPE OF WHAT THE APPLICABLE LICENSING LAWS WOULD PERMIT AS THE PRACTICE OF ARCHITECTURE. N.- 2"�— SLOPE 1/2" PER FT 3", - - 1 /2" DIA. H I LT I o_ (4) 81I ��� cV } ����/ KW I K BOLT TZ FINISHED CONCRETE STAINLESS STEEL GRADE M EXPANSION ANCHOR r - 1 SITE NAME: WATERLOO, IA 1422 FLAMMANG DR WATERLOO, IA 50702 ` 1 111111- 0WITH 3" MINIMUM - a 4° EMBEDMENT -�1 - ^ CONCRETE e. a .4ad ". a• . Z -i _ e 1 FOOTING as• < 7"X7"X1/4" STEEL o . % a : a a .ce <ao a ° a: : BASE PLATE SEE TYPE B • 1 9 - PIVOT @ LIP od LJ, a FOR REINF OF CURB 1/2 'DIA A307 BOLT, TYPE B-1 BEHIND CURB NEW OR EXISTING SIDEWALK GALVANIZED (BOLT MATCH PAVEMENT SHEET TITLE INSTALLATION DETAILS HOLE TO BE 2" FROM BASE PLATE) ELEVATION NOTES BASE PLATE DETAIL - 1. 1/2" PRE MOLDED EXPANSION JOINTS SHALL BE PLACED AT POINTS OF DETAIL 1 CURVATURE, CURB RETURNS, CURB INLETS, AND AT 250' CENTERS. SHEET NUMBER D-2 CONTRACTION JOINTS SHALL BE 2" DEEP, 3/16" WIDE, AND PLACED AT 15' SIGN POST INSTALLATION DETAIL NO SCALE C CONCRETE CURB DETAIL NO SCALE D Page 215 of 255 +6,-0„ i EXISTING GRADE - METER BASE / // //\/\/T/T/- I II = I V = \ \ \\ \ \/ \_/ UNDISTURBED SOIL (TYP.) / /,\\ METER�G T T =5Ln - �1 ���Tci��T 3500 DEER CREEK RD PALO ALTO, CA 94304 (650)681-5000 ` T = 5Ln l - DETECTABLE WARNING TAPE I I I — = I ��jo�o�o NEW CT CABINET VERIFY WITH POWER COMPANY c) �� � �o�o�o��o�o��o�� RED WITH BLACK LETTERING INDICATING "ELECTRICAL" AND ROUTED ALONG CONDUIT PATH I I I I :: CLEAN GRANULAR BACKFILL. 6" LIFT 1 coL MAXIMUM, PLATE TAMP (1/2"), 95% z o OCR COMPACTION MINIMUM CID - t9 A (4) 4" PVC SCHEDULE 80 CONDUITS, FROM PROVIDE A SEPARATE GALVANIZED HAND TAMPED 12" GRANULAR 6" SERVICE UTILITY TRANSFORMER TO SERVICE ENTRANCE EQUIPMENT. r LAIE3 RIGID METALLIC CONDUIT (SIZE PER BACKFILL (SAND BEDDING) MIN PROVIDE SWEEPING NON -ACUTE ANGLED UTILITY SPECS) WITH ALL THREADED JOINTS AND INSULATED BONDING VERIFY BENDS FOR ALL CONDUITS. SEE NOTE 4 BUSHINGS ON BOTH ENDS GRADE �z. � - - - - . NOTES: a FROM XFMR-�� ., • :_.` 1. ANY EXCAVATION LEFT OPEN SHOULD BE SECURELY FENCED OFF. 2. ANY PAVEMENT DAMAGE DURING CONSTRUCTION SHALL BE REPAIRED OR REPLACED BY THE 49030 Pontiac Trail, Ste 400 Wixom, Michigan 48393 PHONE: 248-705-9212 t WARNING RIBBON 12" ABOVE SERVICE:A: LATERAL PER NEC 300.5(D)3 (TYP) _; ` r .+ TO DISCONNECT CONTRACTOR TO PRECONSTRUCTION CONDITIONS OR BETTER. • GROUND ROD PER NEC 250 SEE ENLARGED DETAIL (TYP.) / / i / / \ \ \ f.., ` j 3. CONTRACTOR SHALL INSTALL CONDUITS BELOW LOCAL FROST LINE. SHOULD FIELD CONDITIONS VARY, CONTRACTOR SHALL COORDINATE WITH CONTACT ENGINEER LISTED ON SHEET T-1. 4. VERIFY WIDTH OF TRENCH REQUIRED. REFER TO SITE ELECTRICAL DRAWING ON SHEET E-2 FOR ROUTING. 5. VERIFY ALL REQUIREMENTS WITH POWER COMPANY DRAWN BY: RC CHECKED BY: PL 1 _"1 D 12/05/2019 CD90 C 10/23/2019 CD90 B 10/14/2019 CD90 A 10/01/2019 CD50 REV DATE DESCRIPTION METER AND CT CABINET DETAIL NO SCALE A TYPICAL SECONDARY FEEDERS TRENCH DETAIL NO SCALE B VERIFY UNISTRUT PLACEMENT WITH MOUNTING PROVIDE NEMA 3R LOCKABLE _,,,_ HOLE LOCATIONS ON MANUFACTURER DRAWINGS ENCLOSURE (TYPICAL) 6'-0" MAX PROPOSED 3" STD PIPE GALV. PIPE (TYP.) BETWEEN POSTS T -� / 1 1 L_ EXISTING GRADE a — 0 0 0 0 /�\/�\/�\/\\\/�\/�Y\/�\�K/ \�\\\\\\\\\\\\\\\\ .\ oa \/ \'/\/\'/\,c \\\\\�,\\\\\ \\�/\'/\�/\/\\�i n , 0000�'� o0 s tQ;Q° MOM 0000000� L I C O y ° ° ° ° ° ° ° ?! o000 °° °° o Q�.°° 06744 °°� o ° ° °° o 1 °IOWA o R o o°° °°°� OooT T�1 ° ° ° ° ° ° Cj • o�� R D P o0°° OOI]g0Ul�� 00 o T /\i,\i,\i,\i,\i,\i,\i\ ,/ , a e ;/\/\/\/\/T/i\/i\//\/ ,�,\� K\%\\/\\/\\/\\/\\/\\/;, < a . �,,\\,,\� j/j� �\\\\\\\/\ S.E. 4 SEE NOTE #1 MASTER METER DISC #3 , CONTROLLER `� 9 `I Il �� U Il PROPOSED CONCRETE PIER APPROXIMATELY 12" 0 (4000 `° I SERVICE ENTRANCE DISCONNECT #1 SERVICE ENTRANCE DISCONNECT #2 PSI CONCRETE) ,I C:. a al I O O O O co 4 NOTES: 12" SEE ELECTRICAL PLAN FOR TOTAL CONSISTENT WITH APPLICABLE LICENSING LAWS THIS SEAL CERTIFIES ONLY THAT THE ARCHITECTURAL DESIGN WORK WAS PREPARED EITHER PERSONALLY BY ME OR UNDER MY IMMEDIATE AND DIRECT SUPERVISION AND CONTROL. THE SEAL IS NOT INTENDED TO AND DOES NOT IN FACT ATTEST TO ANY ENGINEERING WORK THAT WOULD FALLVOUTSIDEPERMITHESCOTHEOF WHAT TICE OF APPLICABLE LD ARCHITECLICENSING LAWS 1. SUPPORT POST: 2-3" STD GALVANIZED PIPE CEMENTED GROUND FIELD. BOND POSTS TO GROUND DIA. IN GROUND. FIELD. ALL GROUND LEADS BOND POSTS TO ABOVE GRADE SHALL BE IN RGS CONDUIT (TYPICAL) #2 TINNED Cu FOR ENCLOSURE GROUND. BOND TO SERVICE 1 SEE NOTE #6 (TYPICAL) v NUMBER OF S.E. DISCONNECTS - r - 1 SITE NAME: WATERLOO, IA 1422 FLAMMANG DR WATERLOO IA 50702 l 2. MOUNTING HARDWARE- 12 GAUGE 1-5/8" X 1-5/8" CONTINUOUS SLOT HOT GROUND DIPPED GALVANIZED CHANNEL (e.g., UNISTRUT) COMPLETE WITH 1-1/4" X 5/16" DIA. 13 THD SPRING NUT (2 PER CHANNEL), 5/16" HEX NUT, AND LOCK (TYPICAL) ,_._.. WASHER SECURELY MOUNTED TO SUPPORT POSTS. 3. REFER TO FEEDER/CIRCUIT SCHEDULE ON SHEET E-3. 4. ALL ABOVE GROUND CONDUITS SHALL BE RIGID GALVANIZED STEEL. PROVIDE , PVC TO RGS COUPLER FOR TRANSITION. k CEMENT POSTS 5. POSTS AND CABINETS SHALL BE GROUNDED WITH #2 BARE TINNED COPPER INTO GROUND TO TWO (2) GROUND RODS. SEE ENLARGED Y DETAIL TYP.' TO S.E. l \� 1 �� TO CHARGING ,, I l � TO ..r '"'` .:: =Y 1 , I' � (- - CT FROM ) I I ! I // TO l \\� CHARGE ? N l \ w O U / FROM / / I I l \\� TO \ ) I �/ CHARGE FROM (l TO �� r;•y 1k 1 1 i ,„- [.'t` h;', �`�'?( I' ' SHEET TITLE INSTALLATION DETAILS SHEET NUMBER D-3 (TYP.) L J L _ J 6. ALL CUT POST & UNISTRUT ENDS SHALL BE FILED, GALVANIZED AND CAPPED. DISCONNECT CABINETS CABINET XFMR CABINET XFMR CABINET XFMR MASTER ` f. CONTROLLER H-FRAME EQUIPMENT LAYOUT NO SCALE C Page 216 of 255 NOTE: 35-53/64" 1. TESLA PROVIDED TEMPLATE PLATE TO BE USED TO LAYOUT CHARGING CABINET ANCHORING BOLT LOCATIONS AND CONDUIT STUB UP LOCATIONS. 2. BOLT HOLES FOR REFERENCE ONLY. 3. USE DOTTIE DUCT SEAL COMPOUND PC 6130 (CAT NO LHD1) TO SEAL ENDS OF CONDUIT (TYP. ALL CONDUITS FOR CHARGING CABINETS AND CHARGE POSTS) 4. USE BELL FITTINGS ON ALL AC AND DC CONDUIT STUBS OPENING FOR SHARED DC -" • - -r.� I o 0 T _ • ° 1 5 L n 3500 DEER CREEK RD PALO ALTO, CA 94304 (650)681-5000 TESLR J FRONT co � X •co co BUSS CONNECTIONS BETWEEN CABINETS (4) 1/2" DIA. HILTI KWIK BOLT TZ STAINLESS STEEL ANCHORS, 3-1/4" MIN. EMBEDMENT 4 CDCDr OUTGOING TO POSTS: (8) DC � LA13 iiiDC DC DC @C/ DCCOUPLING 32-63/64" CONDUITS. (2) PER CHARGING POST. STUB UP SHALL BE 6" OFF GROUNDcoo AND END IN FEMALE NPT THREADED (SEE NOTE 4). SEE SCHEDULE ON SHEET E-3 o u 49-7/32" 37-15/16" - 54-23/32" 42-7/32" NFEEDER FOR CONDUIT SIZE/QUANTITY. TESLA CHARGING CABINET 000 • inir • 49030 Pontiac Trail, Ste 400 Wixom, Michigan 48393 PHONE: 248-705-9212 •. i ENCLOSURE: INGRESS PROTECTION IP66 COMM PE o F 1" CONDUIT FOR POTENTIAL TOP WEIGHT: 1500.03 KG, 3307 LBS. CO Lo Q VENT _ Cr) COMPLIANCE: UL 2202, CSA 22.2 NO 107.1-16, UL1998 PENDING NOTES: 52-3/4" 1" CONDUIT FOR MASTER EARTH GROUND INCOMING FROM SOURCE: (3) AC orb " I FAN co 1. CABINET SHOULD BE LIFTED USING ROOF MOUNTED EYE HOOKS. A FORKLIFT OR CONTROLLER CONDUITS. STUB UP SHALL BE 6" OFF COMMUNICATION CABLE GROUND AND END IN FEMALE NPT THREADED COUPLING (SEE NOTE 4). SEE FEEDER SCHEDULE ON SHEET E-3 FOR CONDUIT SIZE/QUANTITY. i PALLET JACK CAN ALSO BE USED TO DRAWN BY: RC CHECKED BY: PL 52-3/4" MOVE CABINET IF DONE PROPERLY. 2. SEE GN-3 FOR CHARGING CABINET NOTE. r D 12/05/2019 CD90 C 10/23/2019 CD90 B 10/14/2019 CD90 A 10/01/2019 CD50 REV DATE DESCRIPTION TESLA CHARGING CABINET ANCHOR BOLT PLAN NO SCALE A TYPICAL TESLA SUPERCHARGER V3 CABINET MANUFACTURER DETAILS - FOR REFERENCE ONLY NO SCALE B CONCRETE WASH 6" DIA. STANDARD PIPE FILLED W/ CONCRETE AND PAINTED WITH RUST PRIMER AND AS PER LOCAL CODES e 0000°,`�G o o Q o° o 0 �o MOM o°P� L I Cy0 �00Ooo ° ° o 0 0 0 ° o o ° ° ° ° too �/ o 06744 ° 0 `A, I 0,' r A °o o R D PSG oo o 0 o ° 0 0 I— o \ O o o o o O E _ ci) - 1 2" CROWN / C O 6" 6"°° GRADE �� a:d _ CONCRETE BASE (2) #6-10" LONG REBAR ., '. . •,I ... ; ° e • ' a' . < ".. n �,`\ Cz �/ C % < CONSISTENT WITH APPLICABLE LICENSING LAWS THIS SEAL CERTIFIES ONLY THAT THE ARCHITECTURAL DESIGN WORK WAS PREPARED EITHER PERSONALLY BY ME OR UNDER MY IMMEDIATE AND DIRECT SUPERVISION AND CONTROL. THE SEAL IS NOT INTENDED TO AND DOES NOT IN FACT ATTEST TO ANY ENGINEERING WORK THAT WOULD FALL OUTSIDE THE SCOPE OF WHAT THE APPLICABLE LICENSING LAWS WOULD PERMIT AS THE PRACTICE OF ARCHITECTURE. J EACH WAY T H RU PIPE 0< e`•. • :, • -J'" O % :7 /I•L. and i �. . -°I l' .• . A � -AN SITE NAME: WATERLOO, IA 1422 F LAM MAN G DR WATERLOO, IA 50702 J CONCRETE FOOTING N AT 2800 PSI AT 28 DAYS 1'-0" SHEET TITLE INSTALLATION DETAILS SHEET NUMBER D-4 BOLLARD - DETAIL NO SCALE C NOT USED NO SCALE D Page 217 of 255 5'-3 3/8" 10 5/8" 1'-10 1/2" 2'-6 1/4" 5 5/16" 4'-4 3/4" 5 5/16" M ti LC) LC) 1 O 2'-0 1/2" R2" 1'-9 1/4" 5 5/16" LC) Cs) N 5 5/16" O 03/8" F44 (4) THIN SLAB INSERTS O ti (4) 05/8" X 6" F64 LOOP INSERTS N N Cs) LC) LC) N A f3D 01/2" P86 INSERT 1�V3 CABINET FOUNDATION - Plan View (MANUFACTURER DETAIL FOR REFARENCE ONLY) Scale: N.T.S 2 1/2" 5'-0 7/8" 1'-2 3/4" 3'-7 5/8" 1 1/8" 1 1/8" Cs) rn CO 1 0 11 11/16" 0 CO Cr) 2" 1'-2 7/8" 5'-0 7/16" V3 CABINET FOUNDATION - End View (MANUFACTURER DETAIL FOR REFARENCE ONLY) Scale: N.T.S k 2'-9" 55/16" k k k k k k k k k RO 13/16" R1" R1" • k A � V3 CABINET FOUNDATION - Section View (MANUFACTURER DETAIL FOR REFARENCE ONLY) Scale: N.T.S #3 REBAR RO 13/16" (4) 3/8" F44 THIN SLAB INSERTS 2'-4 11/16" 5 5/16" • (3) #3 REBAR @ 18" 0.C. MAX (8) #3 REBAR @ 9" 0.C. V3 CABINET FOUNDATION -Section View (MANUFACTURER DETAIL FOR REFARENCE ONLY) Scale: N.T.S 1'-10 1/2" 1'-9 1/4" 2'-0 1/2" k • R1" R1" k k a• • #3 REBAR @ 9" 0.0 C\ V3 CABINET FOUNDATION - Section View (MANUFACTURER DETAIL FOR REFARENCE ONLY) J Scale: N.T.S TEELri T - 5 L n 3500 DEER CREEK RD PALO ALTO, CA 94304 (650) 681-5000 LAB 49030 Pontiac Trail, Ste 400 Wixom, Michigan 48393 PHONE: 248-705-9212 DRAWN BY: CHECKED BY: RC PL r D 12/05/2019 CD90 C 10/23/2019 CD90 B 10/14/2019 CD90 A 10/01/2019 CD50 REV DATE ` DESCRIPTION umou LI UUG CH0, o Q ° 06744 o ° ° o ° ° O� ° ° IOWA CONSISTENT WITH APPLICABLE LICENSING LAWS THIS SEAL CERTIFIES ONLY THAT THE ARCHITECTURAL DESIGN WORK WAS PREPARED EITHER PERSONALLY BY ME OR UNDER MY IMMEDIATE AND DIRECT SUPERVISION AND CONTROL. THE SEAL IS NOT INTENDED TO AND DOES NOT IN FACT ATTEST TO ANY ENGINEERING WORK THAT WOULD FALL OUTSIDE THE SCOPE OF WHAT THE APPLICABLE LICENSING LAWS WOULD PERMIT AS THE PRACTICE OF ARCHITECTURE. SITE NAME: WATERLOO, IA 1422 FLAMMANG DR WATERLOO, IA 50702 SHEET TITLE INSTALLATION DETAILS SHEET NUMBER TYPICAL V3 PRECAST FOUNDATION DETAILS NO SCALE A 0-5 Page 218 of 255 i 14.88 [378] *3.02 [77] 1.51 [38] 6.63 [168] 7.68 [195] i 11.24 [285] 5.80 [147] 1 1.64 [42] *1.15 [29] *3.02 [77] A,B,C,D 1.88 [48] rid Cvi 111 + II/ 1 .50 [13] (3 HOLES) LuJ KNOCKOUTS A,B,C KNOCKOUTS .28/[7] DIA KNOCKOUT .95 [24] *1.15 [29] 3.76 [96] 1.87 [48] 1.87 [48] *1.00 *1.40 [26] [35] A,B,C KNOCKOUTS NOTES; UL LISTED - E2875 FINISH - GRAY BAKED ENAMEL ALL NEUTRALS - INSULATED WHEN MOUNTING THESE SWITCHES, ALLOW 3.00/[76] MIN CLEARANCE 1.10 [28] N l 2.08 [53] FROM MTG SURFACE A,B,C KNOCKOUTS 4.86 [123] *DIMENSIONS TO BOX (NOT COVER) .90 [23] 1.40 [36] D C B A .28 [7] TANGENT KNOCKOUT (DIMENSION ON DRAWING TO CENTERLINE OF "A" KNOCKOUT) NEMA TYPE 3R WIRING DIAGRAMS FUSIBLE NOT FUSIBLE /� C ? ? ? ? ? B ?__?__? D E r 1 I IN I (is -- I -I O (( ? ? ? ? N T I I :: Nnil SEISMIC NOTES: USE (3) 1/4" DIA GRADE 5 STEEL MOUNTING BOLTS @ HOLES AA MAX CONFIGURED WEIGHT 8 LB FOR THE PURPOSE OF DETERMINING SEISMIC ANCHORAGE REQUIREMENTS. FOR ALL OTHER APPLICATIONS, CONTACT SQUARE D COMPANY. TERMINAL LUGS AMPERES MAX WIRE MIN WIRE TYPE 30 #6 AWG #14 AWG AL OR CU KNOCKOUTS SYMBOL CONDUIT SIZE DIAMETER IN MM IN MM A .50 13 .88 22 B .75 19 1.13 29 C 1.00 25 1.38 35 D 1.25 32 1.75 44 DUAL DIMENSIONS: INCHES MILLIMETERS CATALOG NUMBER VOLTAGE RATINGS AMPERAGE RATINGS WIRING DIAL HORSEPOWER RATINGS 240VAC 480VAC 600VAC 250 VDC 600 VDC STD MAX STD MAX STD MAX 1': 3 1 30 10 3 1 <% 3rt> 1 /_ 30 10 3 -'' STD MAX H221NRB 240VAC,250VDC 30 A 1 1/2 ® 3 3 ® 7 1/2 $ - - - - - - - - 5 ® - - - H321NRB 240VAC,250VDC 30 B 1 1/2 ♦ 3 3 ♦ 7 1/2 $ - - - - - - - - 5 ♦ - - - H361NRB 600VAC,600VDC 30 B - - - - 3 ♦ 5 7 1/2 A 15 - 7 1/2 - 20 5 ♦ - 10♦ 15♦ H361 RB 600VAC,600VDC 30 C - - - - 3 A 5 ■ 7 1/2 A 15 ■ - 7 1/2 - 20 5 ♦ - 10 ♦ 15A HU361RB 600VAC,600VDC 30 D - - 5 ♦ 10 ■ - - 7 1/2 ♦ 20 ■ - - 10 ♦ 30 - 5 ♦ - 15♦ HU361 RBEI 600VAC,600VDC 30 D - - 5 ♦ 10 ■ - - 7 1/2 ♦ 20 ■ - - 10 ♦ 30 - 5 ♦ - 15♦ HU361 NRB 600VAC,600VDC 30 E - - 5 ♦ 10 - - 7 1/2 ♦ 20 - - 10 ♦ 30 - 5 ♦ - 15♦ BETWEEN ENCLOSURES FOR OPENING OF SIDE HINGED DOOR. ♦ USE BOTH OUTER SWITCHING POLES ® USE BOTH SWITCHING POLES • IF CORNER GROUNDED DELTA, INSTALL NEUTRAL AND USE OUTER SWITCHING POLES FOR UNGROUNDED CONDUCTORS. FOR CORNER GROUNDED DELTA ONLY, USE OUTER SWITCHING POLES FOR UNGROUNDED CONDUCTORS. TYPICAL HEAVY DUTY SAFETY SWITCHES - SEISMIC VISIBLE BLADE TYPE MANUFACTURER DETAILS - FOR REFERENCE ONLY NO SCALE A TEELri 3500 DEER CREEK RD PALO ALTO, CA 94304 (650) 681-5000 T-5LR t • LAB 49030 Pontiac Trail, Ste 400 Wixom, Michigan 48393 PHONE: 248-705-9212 1 DRAWN BY: CHECKED BY: RC PL D 12/05/2019 C 10/23/2019 B 10/14/2019 A 10/01/2019 REV DATE CD90 CD90 CD90 CD50 DESCRIPTION • j • o o ° 06744 °° o - ° ° ° o ° ° o °° IOWA °° C.)o *4.S";:. a .,°°°°1 D I\ LI CH0 �( ° ° ° ° ♦ o CONSISTENT WITH APPLICABLE LICENSING LAWS THIS SEAL CERTIFIES ONLY THAT THE ARCHITECTURAL DESIGN WORK WAS PREPARED EITHER PERSONALLY BY ME OR UNDER MY IMMEDIATE AND DIRECT SUPERVISION AND CONTROL. THE SEAL IS NOT INTENDED TO AND DOES NOT IN FACT ATTEST TO ANY ENGINEERING WORK THAT WOULD FALL OUTSIDE THE SCOPE OF WHAT THE APPLICABLE LICENSING LAWS WOULD PERMIT AS THE PRACTICE OF ARCHITECTURE. SITE NAME: WATERLOO, IA 1422 FLAMMANG DR WATERLOO, IA 50702 SHEET TITLE INSTALLATION DETAILS f SHEET NUMBER D-6 • I Page 219 of 255 i * ** • ♦ • 40.38 [1026] 20.19 [513] r 21.00 [533] .44 DIA [11] (4 HOLES) L J 0 8.00 [203] 0 DASHED LINE INDICATES HOOD FOR NEMA 3R 35.16 [893] 2.00 [51] 2.16 [55] i 9.75 [248] 16.00 [406] 2.16 [55] LJ LJ 20.32 [516] 12.15 [309] COVER HANDLES (2) PLACES 40.38 [1026] y 1 1 J 9.75 [248] 4.50 [114] TO MTG SURFACE 2.00 [51] M800R NEMA/EEMAC TYPE 3R NO KNOCKOUTS SEISMIC NOTES: USE (4) 1/4" DIA GRADE 5 STEEL MOUNTING BOLTS @ HOLES AA MAX CONFIGURED WEIGHT 130 LB FOR THE PURPOSE OF DETERMINING SEISMIC ANCHORAGE REQUIREMENTS. FOR ALL OTHER APPLICATIONS, CONTACT SCHNEIDER ELECTRIC. NOTES: FINISH - GRAY BAKED ENAMEL ELECTRODEPOSITED OVER CLEANED PHOSPHATIZED STEEL. cULus - FILE E-136861 CE MARKED. SUITABLE FOR USE AS SERVICE EQUIPMENT WHEN NEUTRAL ASSEMBLY IS INSTALLED. NEUTRAL - INSULATED GROUNDABLE. THE SHORT CIRCUIT CURRENT RATING OF THIS ENCLOSED CIRCUIT BREAKER, INDICATED ON CHART ABOVE, MAY BE LESS THAN THE AIR RATING INDICATED ON THE INSTALLED CIRCUIT BREAKER. FOR 200% NEUTRAL. NEUTRAL AND NEUTRAL CT FOR USE ON INTEGRAL GROUND FAULT APPLICATION. APPLICABLE ONLY TO P-FRAME, 400-800A. NUMBER OF TERMINALS FOR SERVICE GROUND CONDUCTORS. GROUND KIT. STANDARD OR 100% RATED, 800A MAX. WIRING DIAGRAM O O O O CIRCUIT BREAKER TERMINAL LUG DATA CIRCUIT BREAKER CATALOG NO. PREFIX AMPERE RATING CONDUCTORS PER PHASE WIRE SIZE (AWG/KCMIL) TYPE MAX MIN M G L, MJ L PGL,PJL,PKL,PLL 300-800A 250-800A 3 500 3/0 AL OR CU FIELD INSTALLABLE NEUTRAL ASSEMBLIES AND GROUND KIT CATALOG NUMBER MAXIMUM AMPERE RATING NUMBER OF TERMINALS CONDUCTORS PER TERMINAL WIRE SIZE (AWG/KCMIL) TYPE MAX MIN AL800SN 800A 6 (3 IN-3 OUT) 1 500 3/0 AL OR CU 2 • 250 6 * SN800SNI AND (2) SN1200 800A 16 (8 IN-8 OUT) 1 500 3/0 2 • 350 6 ** S33576 AND 533576MK 800A 8 (4 IN-4 OUT 1 500 3/0 2 • 300 4 PKOGTA4 ♦ - 4 1 300 6 DUAL DIMENSIONS: INCHES MILLIMETERS FIELD INSTALLABLE CIRCUIT BREAKER DATA CIRCUIT BREAKER CATALOG NO. PREFIX WIRING DIA AMPERE RATING UL LISTED INTERRUPTING RATING RMS SYMMETRICAL AMPERES FEDERAL SPECS W-C-375B/ GEN AC VOLTAGE DC VOLTAGE 240 480Y/277 480 600 125 250 600 MGL B 300-800 65K 35K 35K 18K X MJL B 300-800 100K 65K 65K 25K X PGL B 250-800 65K 35K 35K 18K X PJL B 250-800 100K 65K 65K 25K X PKL B 250-800 65K 50K 50K 50K X PLL B 250-800 125K 100K 100K 25K X TYPICAL CIRCUIT BREAKER ENCLOSURES MANUFACTURER DETAILS - FOR REFERENCE DETAIL NO SCALE A TEELri 3500 DEER CREEK RD PALO ALTO, CA 94304 (650) 681-5000 TE5LR / • LAB 49030 Pontiac Trail, Ste 400 Wixom, Michigan 48393 PHONE: 248-705-9212 J DRAWN BY: CHECKED BY: RC PL D 12/05/2019 C 10/23/2019 B 10/14/2019 A 10/01/2019 REV DATE CD90 CD90 CD90 CD50 DESCRIPTION / ♦ umou LICyOA ° °° 06744 °°° °� 0 O ° ° O °moo °° IOWA °° C) o � °,``o DP CONSISTENT WITH APPLICABLE LICENSING LAWS THIS SEAL CERTIFIES ONLY THAT THE ARCHITECTURAL DESIGN WORK WAS PREPARED EITHER PERSONALLY BY ME OR UNDER MY IMMEDIATE AND DIRECT SUPERVISION AND CONTROL. THE SEAL IS NOT INTENDED TO AND DOES NOT IN FACT ATTEST TO ANY ENGINEERING WORK THAT WOULD FALL OUTSIDE THE SCOPE OF WHAT THE APPLICABLE LICENSING LAWS WOULD PERMIT AS THE PRACTICE OF ARCHITECTURE. / SITE NAME: WATERLOO, IA 1422 FLAMMANG DR WATERLOO, IA 50702 SHEET TITLE INSTALLATION DETAILS f SHEET NUMBER 0-7 I Page 220 of 255 CITY OF WATERLOO Council Communication An ordinance amending the City of Waterloo Code of Ordinances by amending various sections of Chapters 1, 2, and 3 of Title 1, Administration. City Council Meeting: 12/16/2019 Prepared: 12/10/2019 REVIEWERS: Department Reviewer Action Date Water Works Felchle, Kelley Approved 12/10/2019 - 1:21 PM ATTACHMENTS: Description Type ❑ Ordinance as proposed Backup Material ❑ Edits to Chapters 1-3 Backup Material SUBJECT: Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances, by repealing the defmition of "Gender" in Chapter 1, Official City Code, Section 1-1-2, Rules of Construction, Defmitions, and Chapter 2, Municipal Charter and Seal, Section 1-2-2, Municipal Seal, and Chapter 3, General Penalty, Section 1-3-1 General Penalty, and Chapter 3, General Penalty, Section 1-3-2, Municipal Infractions, Subsection E, Administrative Fees, all of Title 1, Administration, in their entirety and enacting in lieu thereof a new defmition of "Gender" in Chapter 1, Official City Code, Section 1-1-2, Rules of Construction, Defmitions, and Chapter 2 Municipal Charter and Seal, Section 1-2-2 Municipal Seal, and Chapter 3 General Penalty Section 1-3-1 General Penalty, all of Title 1, Administration. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted by: Submitted By: Kelley Felchle, City Clerk Recommended Action: Approval. Summary Statement: This ordinance is the first of a series of ordinances reflecting changes that council has reviewed, through a series of work sessions, to Title 1 of the city code. Additional ordinances on Chapters 4, 5, and 6 will come to council in January. Page 221 of 255 Prepared by Kelley Felchle, City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. XXXX AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING THE DEFINITION OF "GENDER" IN CHAPTER 1, OFFICIAL CITY CODE, SECTION 1-1-2, RULES OF CONSTRUCTION, DEFINITIONS, AND CHAPTER 2, MUNICIPAL CHARTER AND SEAL, SECTION 1-2-2, MUNICIPAL SEAL, AND CHAPTER 3, GENERAL PENALTY, SECTION 1-3-1 GENERAL PENALTY, AND CHAPTER 3, GENERAL PENALTY, SECTION 1-3-2, MUNICIPAL INFRACTIONS, SUBSECTION E, ADMINISTRATIVE FEES, ALL OF TITLE 1, ADMINISTRATION, IN THEIR ENTIRETY AND ENACTING IN LIEU THEREOF A NEW DEFINITION OF "GENDER" IN CHAPTER 1, OFFICIAL CITY CODE, SECTION 1-1-2, RULES OF CONSTRUCTION, DEFINITIONS, AND CHAPTER 2 MUNICIPAL CHARTER AND SEAL, SECTION 1-2-2 MUNICIPAL SEAL, AND CHAPTER 3 GENERAL PENALTY SECTION 1-3-1 GENERAL PENALTY, ALL OF TITLE 1, ADMINISTRATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: That the definition of "Gender" in Section 1-1-2, Rules of Construction, Definitions, of Chapter 1, Official City Code, of Title 1, Administration, is hereby repealed with the definition set forth below enacted in lieu thereof: GENDER: Words importing the masculine gender shall be extended to females. That Section 1-2-2, Municipal Seal, of Chapter 2, Municipal Seal, of Title 1, Administration, is hereby repealed in its entirety with the section set forth below enacted in lieu thereof, as follows: 1-2-2: MUNICIPAL SEAL: A seal, having in the center the words "WATERLOO, IOWA", and around the margin the words "City Seal", be and the same is hereby declared to be the common seal of the city. The city clerk shall procure such a seal, have the custody of the seal, and cause it to be affixed to all transcripts, orders, or certificates, which it may be necessary or proper to authenticate. That Section 1-3-1, General Penalty, of Chapter 3, General Penalty, of Title 1, Administration, is hereby repealed in its entirety, with the section set forth below enacted in lieu thereof, as follows: 1-3-1: GENERAL PENALTY: The doing of any act prohibited or declared to be unlawful or a misdemeanor by this code, or the omission or failure to perform any act or duty required by this code is, unless another penalty is specified, punishable by a fine not to exceed the maximum fine and term for imprisonment for a simple misdemeanor under Section 903.1(1)(a) of Iowa Code. Page 222 of 255 Ordinance No. XXXX Page 2 That Section 1-3-2, Municipal Infractions, Subsection E, Administrative Fees, of Title 1, Administration, is hereby repealed in its entirety. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: PASSED AND ADOPTED this th day of 20. Quentin Hart, Mayor ATTEST: Kelley Felchle City Clerk Page 223 of 255 CHAPTER 1 OFFICIAL CITY CODE 1-1-1: CODE DESIGNATED: 1-1-2: RULES OF CONSTRUCTION, DEFINITIONS: 1-1-3: CATCHLINES: 1-1-4: EFFECT OF REPEALS: 1-1-5: ALTERING 1'HE CODE: 1-1-6: AMENDMENTS TO CODE: 1-1-7: SEVERABILITY: 1-1-1: CODE DESIGNATED: The ordinances embraced in the following titles, chapters and sections constitute and are designated the CITY CODE OF THE CITY OF WATERLOO, IOWA, and may be so cited. (1970 Code, § 1-1) 1-1-2: RULES OF CONSTRUCTION, DEFINITIONS: In the construction of this code, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council or repugnant to the context of the provisions: CITY: The city of Waterloo, Iowa, and extended to its several officers, agents and employees. CITY ATTORNEY: The chief legal officer of the city, and includes the city solicitor. CITY CLERK: The city clerk of the city. COMPUTING TIME; HOLIDAYS: In computing time, the first day shall be excluded and the last included, unless the last day falls on Sunday, in which case the time prescribed shall be extended so as to include the whole of the following Monday; provided that, whenever the last day for the commencement of any action or proceedings, the filing of any pleading or motion in a pending action or proceedings or the perfecting or filing of any appeal from the decision of any court, board, commission or official falls on a Saturday, a Sunday or any recognized legal holiday, the time therefor shall be extended to include the next day which is not a Saturday, Sunday or such legal holiday. COUNTY: The county of Black Hawk in the state of Iowa. DELEGATION OF AUTHORITY: Whenever a provision appears requiring an officer of the city to do some act or make certain inspections, it is to be construed to authorize the officer to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section designate otherwise. GENDER: Words importing the masculine gender e shall ma} -be extended to females. DRAFT DATE - 5/31/2019 2 Page 224 of 255 JOINT AUTHORITY: Words giving a joint authority to three (3) or more public officers or other persons shall be construed as giving such authority to a majority of them, unless it is otherwise expressed. LAND, REAL ESTATE: The word "land" and phrases "real estate" and "real property" include land, tenements, hereditaments and all rights thereto and interest therein, equitable as well as legal. MONTH, YEAR: The word "month" means a calendar month and the word "year" means a calendar year. NUMBER: Words incorporating the singular number may be extended to several persons or things, and words importing the plural number may be applied to one person or thing. OATH OR AFFIRMATION: The word "oath" includes affirmations in all cases where an affirmation may be substituted for an oath, and in like cases the word "swear" includes "affirm". OFFICIALS, BOARDS, COMMISSIONS, ETC.: Whenever reference is made to officials, boards and commissions by title only, i.e., "council", "clerk", "the mayor" etc., they shall be deemed to refer to the officials, boards and commissions of the city of Waterloo. OR, AND: "Or" may be read "and", and "and" may be read "or" if the sense requires it. PERSON: Includes and is applied to corporations, associations, clubs, societies, firms, partnerships, municipalities and bodies politic and corporate as well as to individuals. PERSONAL PROPERTY: Includes money, goods, chattels, evidences of debt and things in action. PROPERTY: Includes real and personal property. STATE: The state of Iowa. TENSE: Words used in the present or past tense include the future as well as the present and past. WORDS AND PHRASES: Words and phrases shall be construed according to the context and the approved usage of the language; technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in law, shall be construed according to such meaning. WRI I 1 EN, IN WRITING: Any mode of representing words and letters in general use, except that signatures, when required, must be made by the writing or mark of the person. (1970 Code, § 1-2; amd. 2001 Code) DRAFT DATE - 5/31/2019 Page 225 of 255 1-1-3: CATCHLINES: Unless set out in the body of the section itself, the catchlines of the several sections and/or subsections of this code do not constitute any part of the law, and are intended merely to indicate, explain, supplement or clarify the contents of a section and/or subsection. (1970 Code, § 1-3) 1-1-4: EFFECT OF REPEALS: The repeal of an ordinance does not revive an ordinance previously repealed, nor affect any rights which have accrued, any duty imposed or any proceedings commenced under or by virtue of the ordinance repealed. (1970 Code, § 1-5) 1-1-5: ALTERING THE CODE: It is unlawful for any person to change or amend, by additions or deletions, any part or portion of this code, or to insert or delete pages, or portions thereof, or to alter or tamper with such code in any manner whatsoever which will cause the law of the city to be misrepresented thereby. (1970 Code, § 1-6) 1-1-6: AMENDMENTS TO CODE: All ordinances passed subsequent to this code which amend, repeal or in any way affect this code, may be numbered in accordance with the numbering system of this code and printed for inclusion herein. When subsequent ordinances repeal any chapter, section or subsection or any portion thereof, such repealed portions may be excluded from this code by omission from reprinted pages. The subsequent ordinances, as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time as this code and subsequent ordinances numbered or omitted are readopted as a new code. Amendments to any of the provisions of this code may be made by amending such provisions by specific reference to the section number of this code in substantially the following language: "That section of the city code of Waterloo, Iowa, is hereby amended to read as follows:...". The new provision shall then be set out in full as desired. In the event a new section not heretofore existing in this code is to be added, the following language may be used: "That the city code, city of Waterloo, Iowa, is hereby amended by adding a section, to be numbered , which said section reads as follows:...". The new section shall then be set out in full as desired. (Ord. 3522, 1-25-1988; amd. Ord. 3855, 4-13-1992) 1-1-7: SEVERABILITY: The sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code shall be declared invalid, unenforceable or unconstitutional by the valid judgment or decree of a court of competent DRAFT DATE - 5/31/2019 4 Page 226 of 255 jurisdiction, such invalidity, unenforceability or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code. (1970 Code, § 1-4) CHAPTER 2 MUNICIPAL CHARTER AND SEAL 1-2-1: MUNICIPAL CHARTER: 1-2-2: MUNICIPAL SEAL: 1-2-1: MUNICIPAL CHARTER: A. Purpose: The purpose of this section is to provide for a charter embodying the form of government existing on July 24, 1972. B. Citing Charter: This section may be cited as the CHARTER OF THE CITY OF WATERLOO, IOWA. C. Form of Government: The form of government of the city is the mayor -council form of government. D. Powers and Duties: The city council and mayor and other city officers have such powers and shall perform such duties as are authorized or required by state law and by the ordinances, resolutions, rules and regulations of the city. E. Number and Term of Council: The city council shall consist of two (2) councilpersons elected at large and one councilperson from each of the five (5) wards as established by ordinance, elected to hold office as follows: 1. In the election to be held in 1993, the councilpersons from wards one, three and five shall be elected for a term of four (4) years. The councilpersons from wards two and four shall be elected for a term of two (2) years. The at -large councilperson who receives the highest number of votes is elected for a four (4) year term; the other is elected to a two (2) year term. 2. Thereafter, each councilperson shall be elected for a term of four (4) years. F. Term of Mayor: The mayor is elected for a term of two (2) years. G. Copies on File: The city clerk shall keep an official copy of this charter on file with the official records of the city clerk, shall immediately file a copy with the secretary of the state of Iowa, and shall keep copies of the charter available at the city clerk's office for public inspection. (Ord. 2603, 8-14-1972; amd. Ord. 3856, 4-13-1992) DRAFT DATE - 5/31/2019 Page 227 of 255 1-2-2: MUNICIPAL SEAL: A seal, having in the center the words "WATERLOO, IOWA", and around the margin the words "City Seal", be and the same is hereby declared to be the common seal of the city. The city clerk shall procure such a seal, and the mayor shall have the custody of the seal, and cause it to be affixed to all transcripts, orders or certificates, which it may be necessary or proper to authenticate. (Rev. Ord. 1188, Comp. 1941, p. S-9) CHAPTER 3 GENERAL PENALTY 1-3-1: GENERAL PENALTY: 1-3-2: MUNICIPAL INFRACTIONS: 1-3-1: GENERAL PENALTY: The doing of any act prohibited or declared to be unlawful or a misdemeanor by this code, or the omission or failure to perform any act or duty required by this code is, unless another penalty is specified, punishable by a fine not to exceed the maximum fine and term for imprisonment for a simple misdemeanor under Section 903.1(1)(a) of Iowa Code.in a sum net -exceeding -five 2999) 1-3-2: MUNICIPAL INFRACTIONS: A. Definitions: As used in this section, or with reference hereto, the following words and terms shall have the meaning ascribed thereto: MUNICIPAL INFRACTION: The doing of any act prohibited or declared to be unlawful, an offense or a misdemeanor, by this code or any ordinance or code hereby adopted by reference, or omission or failure to perform any act or duty requested by this code or any ordinance or code herein adopted by reference.- A violation shall not be a municipal infraction if it is a felony, an aggravated misdemeanor or a serious misdemeanor under state law or if the violation is a simple misdemeanor under Iowa Code chapters 687 through 747. A municipal infraction is punishable by civil penalty as provided herein. OFFICER: Any employee or official authorized to enforce this code of the city of Waterloo. REPEAT OFFENSE: A recurring violation of the same section of this code. B. Adoption of Iowa Code On Municipal Infractions: Iowa Code section 364.22, municipal infractions, is hereby adopted by reference, in its entirety. All amendments to Iowa Code section 364.22 shall automatically modify this section. (Ord. 4920, 7-14-2008) DRAFT DATE - 5/31 /2019 6 Page 228 of 255 C. Penalties: The civil penalties for municipal infractions will be in line with maximums allowed by state law. (Ord. 5133, 10-1-2012) D. Notice of Violation: Any act constituting a municipal infraction under this code may be initially charged upon simple notice of violation. The city may serve a notice of violation upon a party charged with an act constituting a municipal infraction either by delivering said notice personally or by certified mail to the parry's last known address. A person who admits the reported violation may remit payment of the penalty to the city and perform any other act required to be performed, and in such event the person charged shall not be further prosecuted by issuance of a municipal infraction citation and will not be assessed any costs or other expenses for such violation. The city shall retain all penalties thus collected. If the person charged denies the reported violation or fails to timely perform any act required to be performed by the notice of violation, a civil municipal infraction citation shall be served in the manner prescribed by the applicable provision(s) of this code. Nothing in this section imposes a duty on the city or any officer to initially charge any act or all acts constituting a municipal infraction upon simple notice of violation, and the officer charged with enforcement may initially issue a civil municipal infraction citation seeking a civil penalty with or without additional relief. (Ord. 4920, 7-14- 2008) E. Administrative Fees: If an officer of the code enforcement division is required in the same ..f one hundred d„ lla.... ( 100 00) will be charged to the p uddre of the a nd/or .. of the p porty a shown by the ord.. of the enforcement officer in the same calendar year in respect of the same property. (Ord. 5212, 1 28 281-4) CHAPTER 4 ROLES AND DECORUM OF ELECTED OFFICIALS 1-4-1: ROLE OF MAYOR AND COUNCIL: 1-4-2: COUNCIL MEMBER COMMUNICATIONS WITH CITY EMPLOYEES: 1-4-3: COUNCIL MEMBERS AND THE EMPLOYEE DISCIPLINARY PROCESS: 1-4-4: COUNCIL MEETING DECORUM: 1-4-5: SPEAKING DURING PUBLIC MEETINGS: DRAFT DATE - 5/31/2019 7 Page 229 of 255 CITY OF WATERLOO Council Communication Motion to approve Change Order No. 3, from Boomerang Corporation of Anamosa, Iowa, for a net increase of $10,000, in conjunction with the Waterloo Waste Water Treatment Plant Flow Equalization Facility Overflow Connection to Satellite Project, Contract No. 880, and authorizing the Mayor to execute said document. City Council Meeting: 12/16/2019 Prepared: 12/11/2019 REVIEWERS: Department Reviewer Action Date Waste Management bowman, brian Approved 12/11/2019 - 10:23 AM Clerk Office Even, LeAnn Approved 12/11/2019 - 10:38 AM ATTACHMENTS: Description Type ❑ Change Order # 3 Backup Material ❑ AECOM Recommendation Backup Material Submitted by: Submitted By: Brian Bowman, Assistant Waste Water Director Recommended Action: Approve Change Order No. 3. Expenditure Required: $10,000 Source of Funds: Sewer Funds Page 230 of 255 CHANGE ORDER NO. 3 Owner: City of Waterloo, Iowa Date: December 6, 2019 Project: Flow Equalization Facility Overflow Connection to Satellite WPCF Owner's Contract No.: City Contract No. 880 Contractor: Boomerang Corporation Date of Contract Start: November 27, 2017 $ Original Contract: $693,700 You are directed to make the following changes in the Contract Documents. Description: Excavate and backfill an additional 120 cubic yards of material in the US Army Corps of Engineer's levee to adjust a pipe alignment to match the orientation of a fitting. This includes any tasks by the Contractor with this associated work. NET ADD $10,000.00 Reason for Change Order: Excavate and backfill an additional 120 cubic yards of material to adjust a pipe alignment to match the orientation of a fitting. This pipeline is built in the US Army Corps of Engineer's levee at the Waterloo Water Pollution Control Facility. This includes any tasks by the Contractor with this associated work. CONTRACT PRICE Original: $ 693,700.00 Original: Previous C.O.s (ADD/DEDUCT): $ 49,316.25 Previous C.O.s (ADD/DEDUCT): This C.O. (ADD/DEDUCT): $ 10,000.00 This C.O. (ADD/DEDUCT): Contract Price with All Approved Change Orders: $ 753,016.25 REVISED: CONTRACT TIMES (Calendar Days) To Substantial To Final Completion Completion Original Completion Date: May 31, 2018 Revised Completion Date: To Be Determined It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO APPROVED: By: City of Waterloo (Authorized Signature) Date: ACCEPTED: By: Boomerang Corporation (Authorized Signature) Date: AECOM 60507078 3 Project No. Change Order No. Page 1 of 1 Page 231 of 255 AECOM December 11, 2019 Mr. Randy Bennett Waste Management Services 3505 Easton Avenue Waterloo, Iowa 50702 AECOM 501 Sycamore Street Suite 222 Waterloo, Iowa 50703 www.aecom.com Subject: Change Order No. 3 Flow Equalization Facility Overflow Connection to Satellite WPCF Waterloo, Iowa City Contract No. 880 AECOM #60507078 Dear Mr. Bennett: 319-232-6531 tel 319-232-0271 fax Enclosed please find Change Order No. 3 for the above -referenced project. The purpose of this change order is to excavate and backfill an additional 120 cubic yards of material in the US Army Corps of Engineers levee to adjust a pipe alignment to match the orientation of a fitting. This item follows Army Corps of Engineers required materials and procedures for work in the levee. This change includes any tasks by the Contractor for this associated work. It is recommended to move forward with this Change Order No. 3 in the amount of $10,000.00. If you have any questions or need additional information, please let us know. Thank you. Yours sincerely, Ross A. Hillsman, PE Enclosure: As Noted c: Boomerang Corporation C:\Users\coselmanb\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\SLMRTCOD\2019-12-11 Trnsmtl to Randy Bennett Waterloo FEQ Overflow - CO #3.docx Page 232 of 255 CHANGE ORDER NO. 3 Owner: City of Waterloo, Iowa Date: December 6, 2019 Project: Flow Equalization Facility Overflow Connection to Satellite WPCF Owner's Contract No.: City Contract No. 880 Contractor: Boomerang Corporation Date of Contract Start: November 27, 2017 $ Original Contract: $693,700 You are directed to make the following changes in the Contract Documents. Description: Excavate and backfill an additional 120 cubic yards of material in the US Army Corps of Engineer's levee to adjust a pipe alignment to match the orientation of a fitting. This includes any tasks by the Contractor with this associated work. NET ADD $10,000.00 Reason for Change Order: Excavate and backfill an additional 120 cubic yards of material to adjust a pipe alignment to match the orientation of a fitting. This pipeline is built in the US Army Corps of Engineer's levee at the Waterloo Water Pollution Control Facility. This includes any tasks by the Contractor with this associated work. CONTRACT PRICE Original: $ 693,700.00 Original: Previous C.O.s (ADD/DEDUCT): $ 49,316.25 Previous C.O.s (ADD/DEDUCT): This C.O. (ADD/DEDUCT): $ 10,000.00 This C.O. (ADD/DEDUCT): Contract Price with All Approved Change Orders: $ 753,016.25 REVISED: CONTRACT TIMES (Calendar Days) To Substantial To Final Completion Completion Original Completion Date: May 31, 2018 Revised Completion Date: To Be Determined It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO APPROVED: By: City of Waterloo (Authorized Signature) Date: ACCEPTED: By: Boomerang Corporation (Authorized Signature) Date: AECOM 60507078 3 Project No. Change Order No. Page 1 of 1 Page 233 of 255 CITY OF WATERLOO Council Communication Motion to approve Change Order No. 8, from Lodge Construction of Clarksville, Iowa, for a net increase of $7,490, in conjunction with the Waterloo Waste Water Treatment Plant 2018 Remedial Actions Phase IIIB, Contract No. 949, and authorizing the Mayor to execute said documents. City Council Meeting: 12/16/2019 Prepared: 12/10/2019 REVIEWERS: Department Reviewer Action Date Waste Management bowman, brian Approved 12/10/2019 - 2:19 PM Clerk Office Even, LeAnn Rejected 12/11/2019 - 9:37 AM Waste Management Even, LeAnn Rejected 12/11/2019 - 9:38 AM Waste Management Henrich, Julianna Approved 12/11/2019 - 10:19 AM Waste Management bowman, brian Approved 12/11/2019 - 10:24 AM Clerk Office Even, LeAnn Approved 12/11/2019 - 10:38 AM ATTACHMENTS: Description Type ❑ Change Order #8 Cover Memo Submitted by: Submitted By: Brian Bowman, Assistant Waste Water Director Recommended Action: Approve Change Order No. 8 Expenditure Required: $7,490 Source of Funds: Sewer Funds Page 234 of 255 AECOM December 11, 2019 Mr. Randy Bennett, PE Waste Management Services City of Waterloo 3505 Easton Avenue Waterloo, Iowa 50702 Subject: 2018 Remedial Actions Phase IIIB Change Order No. 8 NON-SRF City of Waterloo, Iowa City Contract No. 949 AECOM #60604454 AECOM 501 Sycamore Street Suite 222 Waterloo, Iowa 50703 www aecom com 319-232-6531 tel 319-232-0271 fax Dear Mr. Bennett: The following are included in the attached Change Order Tabulation: • Bid Item No. 122 — Halstead Street Miscellaneous Repair (Add $3,040.00) Additional repair on Halstead Street as directed by the City. • Bid Item Nos. 123-126— 942 W 7th Street Sanitary Sewer Relocation (Add $4,450.00) It was determined by WMSD Staff that the sanitary sewer service from 942 needs to be relocated to the existing sewer in W 7th Street. The City requested that this work be added to the existing 2018 Remedial Actions Phase IIIB, City Contract No 949. This is an SRF project. This block of W 7th Street was not included in the Intended Use Plan (IUP) and has not been made eligible by IDNR for SRF inclusion. Therefore, the City has requested that this work be added to this project and be paid by a funding source outside of SRF. The Contractor shall submit a separate Pay Estimate that only includes this work and no SRF eligible work. AECOM recommends the City of Waterloo approve Change Order No 8 for an addition of $7,490.00 and pay for the work with a funding source outside of SRF. The following table illustrates the overall change to the project: Yours sincerely, Christopher G. Oelkers, P.E. ORIGINAL CONTRACT $ 520,649.23 CO NO. 1 5 (26.275.04) S 27,244.96 CO NO. 2 CO NO. 3 $ 9,829.19 CO NO. 5 $ 31,757.10 CO NO. 6 $ (54,673,39) $ (12,117.18) $ 508,532.05 SRF -ALL CHANGE ORDERS SRF - REVISED CONTRACT SRF PROJECT CONTRACT CHANGE -2.33% NON-SRF CO NO. 4 5 79,216.00 NON-SRF CO NO. 7 $ 24,964.00 NON-SRF CO NO. 8 5 7,490.00 NON-SRF - ALL CHANGE ORDERS $ 111,670.00 CITY - REVISED CONTRACT $ 620.202.05 PROJECT CONTRACT CHANGE 19.12% Attachment: Change Order No. 8 Tabulation Lodge Construction Estimate P:\60604454\600_Construction_Support\03-PH IIIB\670_Change-Orders\CO NO8\WAT CIPP PH IIIB Change Order No 8-LTR.docx Page 235 of 255 Project Change Order No g 'ZOO NOWdlril Mien Pm.= ONy or waterloo 5.E 7 T It-7 1. V'. I wwr k w.r zrz e.LHm4b. r..6 cizt Y .,rM+ .�1 .rah a= i�rR. w/4Si' •I T ; r 7:2741:77;77:72.7:1,==r77:171M111.17:77 5=1T ��. °i W1 GIs i� r � ':: n'lr1�.=r•� ._ ithe���.- NI. s..-any+�ti�rt a ��� . xg ' - - r'r Page 236 of 255 CITY OF WATERLOO Council Communication Communication from the Leisure Services Department on the notice of the conclusion of employment for Steve Bearbower, Downtown Area Maintenance Foreman, effective December 16, 2019 with recommendation of approval of payout of $6,323.57 for unused benefits. City Council Meeting: 12/16/2019 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Dunn, Lance Approved 12/9/2019 - 12:11 PM Clerk Office Higby, Nancy Approved 12/9/2019 - 12:39 PM ATTACHMENTS: Description Type ❑ Bearbower Payout Backup Material SUBJECT: Communication from the Leisure Services Del:m.1 nent on the notice of the conclusion of employment for Steve Bearbower, Downtown Area Maintenance Foreman, effective December 16, 2019 with recommendation of approval of payout of $6,323.57 for unused benefits. Submitted by: Submitted By: Page 237 of 255 CITY OF WATERLOO, IOWA CITY HALL 715 MULBERRY STREET 50703 Today's Date: 12/6/2019 Effective Date: 12/16/2019 Employment Date: 7/2/1996 To: City Council Members Re: Notice of Severance Department Leisure Services Job Title/Classification Downtown Area Maintenance Foreman This is to report that the employment of Steve Bearbower 10332 with the City of Waterloo has been severed by reason of Retired Disability Related E No ❑ Yes Resigned Termination Other In accordance with City Policy, it is requested to allow payment which consists of the following: Comments: Benefits Total Hours (x) Hourly Rate Total Payout Vacation -Accrued 192 $ 31.55 $ 6,057.60 Vacation -Current 0 $ - Usable Sick Leave 8 $ 31.55 (x) 25%u $ 63.10 Frozen Sick Leave 0 (x) 60% $ - Personal Hours 0 $ - Comp Time Pay 6.43 $ 31.55 $ 202.87 Unscheduled Leave $ - Other Pay $ - Total Payment ll $ 6,323,5T Approved by Human Resources Date lo7-f / J Date Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk Clerk's Office will forward copy of approved form to Council Agenda Date: (Copy in Personnel File) Department and Human Resources ❑ Accruals ❑Status ❑-9 Updated 6/28/11 Page 238 of 255 CITY OF WATERLOO Council Communication Communication from the Public Works Sanitation Department on the notice of the conclusion of employment for Samuel Barrett, Sanitation Operations Supervisor, effective December 6, 2019 with recommendation of approval of payout of $2,951.99 for unused benefits. City Council Meeting: 12/16/2019 Prepared: REVIEWERS: Department Reviewer Action Human Resources Higby, Nancy Approved ATTACHMENTS: Description SUBJECT: Type Date 12/11/2019 - 12:05 PM Communication from the Public Works Sanitation Deparliiient on the notice of the conclusion of employment for Samuel Barrett, Sanitation Operations Supervisor, effective December 6, 2019 with recommendation of approval of payout of $2,951.99 for unused benefits. Page 239 of 255 CITY OF WATERLOO, IOWA CITY HALL 715 MULBERRY STREET 50703 Today's Date: 12/10/2019 Effective Date: 12/6/2019 Employment Date: 6/16/2015 To: City Council Members Re: Notice of Severance Department PUBLIC WORKS SANITATION DEPARTMENT Job Title/Classification SANITATION OPERATIONS SUPERVISOR This is to report that the employment of SAMUEL L. BARRETT with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related ❑ No ❑ Yes O Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Comments: Benefits Total Hours (x) Hourly Rate Total Payout Vacation -Accrued 74.8 $ 35.76 $ 2,674.85 Vacation -Current 2 $ 35.76 $ 71.52 Usable Sick Leave 23 $ 35.76 (x) 25% $ 205.62 Frozen Sick Leave (x) 60% $ - Personal Hours $ - Comp Time Pay $ - Unscheduled Leave $ - Other Pay $ - Total Payment fl $ 2,951.99 Approved by Human Resources \\\ Date 12/10/2019 Date 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 Council Agenda Date: ❑ Accruals ❑Status ❑-9 Updated 6/28/11 Page 240 of 255 CITY OF WATERLOO Council Communication Civil Service Commission minutes for November 1, 2019. City Council Meeting: 12/16/2019 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Dunn, Lance Approved 12/9/2019 - 12:11 PM Clerk Office Higby, Nancy Approved 12/9/2019 - 12:38 PM ATTACHMENTS: Description Type SUBJECT: Civil Service Commission minutes for November 1, 2019. Submitted by: Submitted By: Page 241 of 255 CIVIL SERVICE COMMISSION MINUTES 7:30 a.m. Friday, November 1, 2019 1st Floor Conference Room — City Hall Members Present: Ethel Washington, Lovie Caldwell, Abraham Funchess (ex officio) Member Excused: Barry Haskins Others Present: Pat Treloar, Ben Petersen, Randy Bennett, Paul Huting, Rudy Jones, Dave Mohlis, Cheryl Huddleston Huddleston announced that Item A under Other Business has been removed at the request of Fire Marshal. Moved by Caldwell, seconded by Washington to approve the November 1, 2019 Agenda as amended. Motion carried. Moved by Caldwell, seconded by Washington to approve the September 27, 2019 Minutes. Motion carried. UNFINISHED BUSINESS The Civil Service List for Battalion Chief — Fire Rescue was presented for approval. The personnel requisition was approved on 2/15/19 and the Civil Service Commission approved the job description and testing criteria on 3/25/19. There will be a vacancy due to a pending retirement. The position was posted at all fire stations and 3 candidates applied; all passed a written exam but none passed the panel interview. We revised the panel interview process and reposted the position. The same 3 candidates applied plus 1 additional candidate who did not meet the qualifications and was eliminated from consideration. A new panel interviewed the candidates — Fire Chiefs Jerry Ewers from Muscatine, Mike Brown from Clinton and Greg Smith from Cedar Rapids — and the candidates also completed a written exercise. One candidate did not pass the interview. The Civil Service List has 2 white males. Moved by Caldwell, seconded by Washington: We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Battalion Chief for the City of Waterloo, Iowa Fire Rescue Department. Appointment(s) shall be made from this list for the next two years (November 1, 2019 — October 31, 2021). CERTIFIED LIST Bill Beck Kevin Lee Motion carried. The Civil Service List for Housing Rehabilitation Specialist — Community Planning & Development was presented for approval. This was a difficult position to recruit — it was advertised twice as Rehabilitation Specialist I and the pool of candidates was not good. Candidates either were not qualified or withdrew from the testing process. We changed the title to Housing Rehabilitation Specialist and received a more qualified group of candidates — 10 resumes with 5 invited to interview. Panel members were Matt Chesmore, Angie Fordyce and Rudy Jones from Community Development and Cheryl Huddleston from Human Resources. One candidate withdrew. The Civil Service List has 1 black male and 3 white males. Moved by Washington, seconded by Caldwell: We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Page 242 of 255 Housing Rehabilitation Specialist for the City of Waterloo, Iowa Community Development Department. Appointment(s) shall be made from this list for the next year (November 1, 2019 — October 31, 2020). CERTIFIED LIST Matthew Verbraken Bryce Davie David Weber Kelly Martin Motion carried. Updates Police Sergeant — Promotional Exam Twelve candidates took a written exam and 10 passed; they will be interviewed 11/13-14/19. Park Maintenance II Forestry/Leisure Services — Open Exam No movement on this position. Chief of Police — Open Exam We have done extensive national advertising — policeone.com, policerecruit.com, National Minority Update, Des Moines Register digital package that included banner ads, Total Talent Reach which is online posting on the Register website and all USA Today network sites, job boards, including CareerBuilder, Social Boost on social media sites, targeted digital display ads on Internet sites such as CNN, ESPN and YouTube; have received only a few resumes to date. NEW BUSINESS The job description and testing criteria for Development/Marketing Manager -Culture & Arts was presented for approval. The personnel requisition was approved on 10/2/19. There is a vacancy due to a resignation. There are no changes in the job description and testing criteria. Moved by Caldwell, seconded by Washington to approve the job description and testing criteria for Development/Marketing Manager -Culture & Arts. Motion carried. The job description and testing criteria for Facilities Services Specialist -Culture & Arts was presented for approval. The personnel requisition was approved on 10/2/19. There is a vacancy due to a resignation. There are no changes in the job description and testing criteria. Moved by Washington, seconded by Caldwell to approve the job description and testing criteria for Facilities Services Specialist -Culture & Arts. Motion carried. The job description and testing criteria for Police Officer Recruit was presented for approval. The personnel requisition has not yet been approved. There are no changes in the job description but we have made significant changes in regards to testing — we will begin accepting fitness and written testing performed with other Iowa entities taken within a specified time frame. Candidates will no longer need a physician's release to participate in the fitness testing. Moved by Washington, seconded by Caldwell to approve the job description and testing criteria for Police Officer Recruit. Motion carried. The job description and testing criteria for Animal Control Services Lead Officer -Public Works was presented for approval. The personnel requisition was approved on 10/2/19. This is a new classification. Moved by Washington, seconded by Caldwell to approve the job description and testing criteria for Animal Control Services Lead Officer -Public Works. Motion carried. The job description and testing criteria for Fleet Parts & Supply Clerk -Public Works/Central Garage was Page 243 of 255 presented for approval. The personnel requisition has not yet been approved. There is a vacancy due to a retirement. This is a completely revised description. Moved by Caldwell, seconded by Washington to approve the job description and testing criteria for Fleet Parts & Supply Clerk -Public Works/Central Garage. Motion carried. The job description and testing criteria for Downtown Area Maintenance Foreman -Leisure Services was presented for approval. The personnel requisition was approved on 10/9/19. There is a vacancy due to a retirement. There are no changes in the job description and testing criteria. Moved by Caldwell, seconded by Washington to approve the job description and testing criteria for Downtown Area Maintenance Foreman - Leisure Services. Motion carried. The job description and testing criteria for Aquatics/Safety Services Specialist -Leisure Services was presented for approval. The personnel requisition was approved on 10/9/19. There is a vacancy due to a resignation. The department has reorganized the work performed by the various classifications so this is a new job title with some changes in responsibilities. Moved by Washington, seconded by Caldwell to approve the job description and testing criteria for Aquatics/Safety Services Specialist -Leisure Services. Motion carried OTHER BUSINESS There has been a title change in what was previously called Aquatics/Member Services Specialist to simply Member Services Specialist. When the Cedar Valley SportsPlex was first staffed, it was impossible to know how to divide the job responsibilities, but we have found that Member Services Specialist is a full time job in and of itself. Moved by Caldwell, seconded by Washington to approve this title change. Fire Chief Pat Treloar asked for support from the Civil Service Commissioners in efforts to change the current residency policy for critical employees. The current 10-mile radius from City Hall has made it difficult to recruit in many departments. He is going to request consideration be made to allow a 60-mile distance from Waterloo for the Fire Rescue Department. With no further business, moved by Washington, seconded by Caldwell to adjourn. Motion carried. Cheryl Huddleston, Human Resources Manager Clerk for the Civil Service Commission Page 244 of 255 CITY OF WATERLOO Council Communication Waterloo Housing Authority Board meeting minutes of November 18, 2019 City Council Meeting: 12/16/2019 Prepared: 12/11/2019 REVIEWERS: Department Reviewer Action Date Housing Authority Dawson, Julie Approved 12/11/2019 - 9:30 AM Clerk Office Even, LeAnn Approved 12/11/2019 - 9:31 AM ATTACHMENTS: Description Type ❑ 11/18/19 WHA Minutes Cover Memo SUBJECT: Waterloo Housing Authority Board meeting minutes of November 18, 2019 Submitted by: Submitted By: Julie Dawson, Executive Director Recommended Action: None Summary Statement: Minutes of 11/18/19 Waterloo Housing Authority Board meeting. Expenditure Required: None Source of Funds: None Policy Issue: None Alternative: None Background Information: None Legal Descriptions: None Page 245 of 255 WATERLOO HOUSING AUTHORITY, Governing Board Meeting Minutes Monday November 18, 2019 at 4:45 PM Harold E. Getty Council Chambers — Waterloo City Hall Members Present: Klein, Morrissey, Juon, Schmitt, Feuss, Amos The meeting was called to order at 4:50 p.m. by Chairperson Klein. Julie Dawson, Executive Director, requested that the Agenda be changed to reflect "FYE 6/30/19" in item #3. Motioned by Juon, seconded by Schmitt, to approve the minutes of the September 23, 2019 meeting as proposed, and the agenda as corrected. Ayes: All Motion: Carried. New Business Motioned by Morrissey, seconded by Amos to approve an updated section in the Waterloo Housing Authority's Administrative Plan regarding Greenhill Point Project -Based Vouchers. Julie Dawson explained that this section had been updated to indicate that Greenhill Point will be considered "existing housing" before these five (5) vouchers are approved. Additionally, she informed the board that the Housing Authority will not need to publish a Request for Proposals for other project -based vouchers, as Greenhill Point was awarded their tax credits within 3 years of when the Housing Assistance Payment Contract will be signed. Ayes: All Motion: Carried Motioned by Morrissey, seconded by Amos to approve disposal of Public Housing and Section 8 files that are withdrawn or terminated from the program.. Ayes: All Motion: Carried Motioned by Morrissey, seconded by Amos to pass a resolution of approval of SEMAP (Section 8 Management Assessment Program) score for FYE 6/30/19. Ayes: All Motion: Carried Motioned by Morrissey, seconded by Amos to place on file the Housing Authority report including the Leasing, HAP, and Administrative Fee Utilization Report. Morrissey asked Ms. Dawson about the caseloads for the Housing Coordinators, and if they are overwhelming due to increased leasing Julie indicated that the Housing Authority is a very busy office, but that it is possible for the Coordinators to complete their work. Ayes: All Motion Carried. Motioned by Juon, seconded by Feuss to adjourn the meeting at 5:00 p.m. Ayes: All Motion: Carried JW Page 246 of 255 CITY OF WATERLOO Council Communication Planning, Programming & Zoning minutes of November 5, 2019. City Council Meeting: 12/16/2019 Prepared: 12/11/2019 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 12/11/2019 - 10:50 AM Clerk Office Higby, Nancy Approved 12/11/2019 - 10:57 AM ATTACHMENTS: Description Type ❑ P&Z 11/5/19 minutes Cover Memo SUBJECT: Planning, Programming & Zoning minutes of November 5, 2019. Submitted by: Submitted By: Page 247 of 255 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONING COMMISSION REGULAR MEETING - 4:00 P.M. November 5, 2019 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Chairperson Wilber at 4:00 p.m. in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Sue Flynn, Marcia Buttgen Craig Holdiman, Eric Donat, and Virginia Wilber. Members absent were: Steve Trost and Patrisha Serfling, there is currently two vacancies on the commission. Others present: Noel Anderson, Aric Schroeder, Chris Western, John Dornoff and Seth Hyberger — Planning Department, Jamie Knutson — City Engineer, Kevin Fittro, Skogman Homes, Lisa Skubal — Greater Cedar Valley Alliance, Tim Jamison — Waterloo Courier, and 16 citizens. I. Approval of the Agenda It was moved by Donat, seconded by Holdiman to approve the agenda. Motion carried unanimously. II. Approval of the Minutes from the Regular Meeting on October 1, 2019. It was moved by Holdiman, seconded by Flynn to approve the minutes. Motion carried unanimously. III. Financial Report: October 2019 Anderson went over the financial report. It was moved by Holdiman, seconded by Buttgen to receive and place the financial report on file. Motion carried unanimously. IV. Oral Presentations No Oral Presentations V. New Business A. Hearings — Rezones and 1. Request by Midwest Development to rezone approximately 3.7 acres from "R-1" One and Two Family Residence District to "R-1, R-P" Planned Residence District to allow for a new housing development located northwest of 3520 Ansborough Avenue. It was moved by Holdiman seconded by Buttgen to receive and place on file the statement of verification at 4:03 p.m. Motion carried unanimously and Wilber declared the hearing open. Dornoff read the staff report recommending approval of the request. Buttgen stated that she was surprised there was not a condition about a storm water detention plan to which Dornoff responded that the commission could add that if they wish. Flynn asked if there was any concerns about there being two daycares nearby to which Dornoff noted that existing houses are actually closer to the daycares than these new homes will be, and noted staff had no concerns with the proximity to the daycares. Kevin Fittro, Vice -President Midwest Development/Skogman Homes stated that after they had looked at the marketplace and what homebuyers are looking for they found out the church was looking to sell their Page 248 of 255 Planning and Zoning Commission November 5, 2019 land and thought the site would provide a good location for a development. Fittro stated that they first looked at all duplexes but looking at the single family homes to the west they decided to put in a mixture of single family homes and duplexes but will be at a very affordable price. Fittro also pointed out that they have looked at detention and showed where the detention basin will be. Flynn asked about what effect the development will have on the schools to which Fittro responded that it is hard to determine until the units are bought since the units could attract empty nesters, young families and others so the there may not be an immediate impact on the schools, but should cause some additional enrollment. Donat asked if the development will be open to all races, minorities, and to those with disabilities to which Fittro answered that they will sell to anyone who will qualify for the loan and that they can build homes to be accessible. Holdiman asked what the size and price ranges of the houses would be to which Fittro responded that their best-selling home is 1137 square feet and they are hoping to get a price range between $250,000 to $280,000. Buttgen stated that she was impressed the photos of houses to which Fittro commented on some of the developments those homes appeared in. Martha Colwell, 3405 Monticello Avenue, stated that she has talked to Fittro and is appreciative of his willingness to have a conversation and support of the neighborhood but has concerns about drainage along with another neighbor who does not speak English and asked if they will be assessed for sidewalks. Fittro noted that the engineers are discussing the drainage and further commented on the requirements that the company will have to meet. Schroeder said that sidewalks will only be required in the subdivision itself and nothing is being proposed on the existing private lots at this time. David Tritch, 3327 Monticello asked what the water detention will look like, and what will happen if it is not maintained, and noted that he has a 10' easement in his backyard and wondered if these homes will too. Knutson provided the requirements under the Ordinance and noted that if it is not maintained the city can take care of it and assess the homeowners. Fittro noted that in most new subdivisions they set up an association that would be responsible for detention maintenance. Fittro stated that the lots will have a 10' easement in the back. Jason Campbell, 3355 Monticello stated that him and his wife work from home and are concerned about the noise that will be created, wondered if infrastructure will be increased, and wants the lots to be a little larger. Fittro said that it is up to the providers such as Medicom on what infrastructure will be provided. Flynn questioned if the questions about easements and utilities will come up at the council meeting to which Schroeder noted that easements and utilities are brought up during the platting process. Campbell and Flynn asked about the playground at the edge of the property to which Fittro responded that they have discussed with the church about relocating the playground equipment. It was moved by Holdiman, seconded by Flynn to close the public hearing. Motion carried unanimously. The hearing was closed at 4:37p.m. It was moved by Buttgen, seconded by Flynn to recommend approval of the rezone due to reasons noted in the staff report with the condition that a storm water detention plan be worked out. Motion carried unanimously. 2. Request by Warren Transport for a Site Plan Amendment in the "B-P" Business Park District for a truck facility located east of 3121 Greyhound Drive. It was moved by Donat and seconded by Buttgen to receive and place on file the statement of verification at 4:40 p.m. Motion carried unanimously and Wilber declared the hearing open. -2- Page 249 of 255 Planning and Zoning Commission November 5, 2019 Schroeder gave the staff report recommending approval of the Site Plan Amendment. Buttgen stated that she had concerns about truck traffic and if the roads are able to handle the traffic and also with pedestrians trying to access Heartland Vineland Church, and if the sidewalk along Cyclone Drive will be just in the area of the new development. Schroeder noted that the area is zoned "B-P" Business Park and the roads were designed for both commercial and industrial trucks, and that yes the new sidewalks will be along the development on Cyclone Drive as the Deed of Dedications for the area states that sidewalks are required on one side of the road but not both. Donat asked if the concerns of Engineering in the Tech Packet have been resolved and if there was any concerns about it being in the floodplain to which Schroeder noted that staff received the information on the truck movements after the tech meeting, the drainage plan is still being worked on and there is no concerns about the flood plain. Knutson stated that his staff has been having discussions with the applicant on how drainage will be detained. Keith Grimes, Warren Transport answered a question from Buttgen noting that on Sundays the facility will only be open for about 5 hours and minimal traffic and most traffic weekdays will be during normal business hours so evening events at the Heartland Vineland Church should not be affected. Mike Youngblut, Deer Creek Development stated that the church has parking that extends to the south and most pedestrian traffic is off the road. Buttgen noted that she is a member of the church and on Sundays people park on both sides of Cyclone Drive although noted that the church as started discussions on paving more of their parking lot. Wendell Lupkes, VGA Engineering has worked on the project with Deer Creek Development and noted that a majority of the property has already been filled in above the floodplain. Flynn asked where would most truck traffic will come down to which Lupkes responded that they would use Greyhound Drive then turn onto Cyclone Drive to reach the facility. Grimes discussed truck routes and noted that trucks will not be allowed to turn off Cyclone onto northbound US Highway 63. Buttgen questioned how the turns will be controlled to which Grimes stated that the drivers will be coached on proper routes. Wilber encouraged a traffic study of the area due to the new Love's Center, John Deere, and other new development in the area. Knutson noted that a new traffic light should be installed in 2020 at Ridgeway Avenue and Greyhound Drive. Lisa Skubal, Vice -President of Economic Development with Grow Cedar Valley noted that Warren just celebrated their 70th year in Waterloo and for them to not only consolidate all their Waterloo operations into one location but also expand their headquarters is something to be proud of. It was moved by Holdiman, seconded by Donat to close the public hearing. Motion carried unanimously. The hearing was closed at 5: 00 p.m. It was moved by Holdiman, seconded by Flynn to recommend approval of the site plan amendment due to reasons noted in the staff report. Motion carried unanimously. 3. Request by New Star for a Site Plan Amendment in the "S-1" Shopping Center District for exterior changes to the existing building located at 315 Fletcher Avenue. It was moved by Buttgen, seconded by Donat to receive and place on file the statement of verification at 5:02 p.m. Motion carried unanimously and Wilber declared the hearing open. Western read the staff report recommending denial of the permit and if recommended for approval recommend adding a condition that landscaping be placed at the site to help "soften" the appearance of the vertical metal siding. 3 Page 250 of 255 Planning and Zoning Commission November 5, 2019 Flynn asked for clarification that a building permit was issued for the property to which Schroeder responded that yes a building permit was issued including for the metal siding. If it was a new building or a building being expanded then the planning department would have been brought in for review and approval but generally the planning department is not involved in what is considered a remodel or siding permit. May need to have some internal discussion for planning to get involved in these situations. Flynn asked if the applicant did not know this and was issued a building permit how the commission hold them hostage for something they did not know. Schroeder noted that the building permit looks at building code issues but not issues of zoning and the zoning code is the property owners responsibility to be informed of. Wilber asked about the vertical metal siding on the storage complex that is behind the applicants business to which Schroeder responded that any change that is considered a significant change needs to go through a site plan amendment in the "S-1" Shopping District, and that site has existing for quite a few years. Buttgen noted that not only did they put vertical metal siding on the building but they also built it up with false fronts and sides to make it look like a 2 story building making the building look like a barn. Schroeder agreed and stated he did not want to speak for the applicant but guessed that the applicant was trying to make the building stand out more to get more traffic. Buttgen then asked what happens if the request is denied and will the operation be fined for putting liquor on their signs when they were told not to, and have the owners been operating this store for a long time. Schroeder responded that if the City Council did indeed turn down the request then yes they would have to change the siding. Schroeder also noted that the sign is not part of this issue but the applicant has requested a variance to change from limited alcohol to non -limited alcohol then they would be permitted to have the sign, but is not sure how long the current owners have owned the business. Flynn stated that she has a problem with the denial when the applicants were issued a building permit. Wilber asked if this was strictly a siding issue and if the applicant changed the siding would that be permitted with existing colors to which Schroeder responded that color is generally not regulated as it can be an subjective issue, and indicated that the main issue was the type of sides and if it is compatible to surrounding uses. Anderson noted that the issue is that the entire appearance of the building has been changed with the false front and sides but the actual roof line in the back has not changed. Holdiman asked if the applicant noted that they were going to use vertical metal siding on the building and shouldn't the building department know enough of the zoning ordinance to know that this was an issue to which Schroeder responded that yes they did indicate the siding on the permit application, but that the building department was not aware that there was a zoning issue. Buttgen asked if staff has heard from surrounding property owners to which Schroeder responded no. Wilber stated that the applicant has been issued the building permit and the discussion should be what kind of landscaping and buffering the applicant should be required to install. Holdiman stated that the property owner should be responsible for knowing the Ordinance when it comes to his building. Flynn asked wasn't the building inspected to which Schroeder noted that something like siding would not need to be inspected until the end. Buttgen asked if the permit said vertical metal siding and if that is the problem here to which Schroeder responded that the permit said metal, it did not say vertical metal siding. Mary Pagel, 129 Rosebud Avenue said that she was instantly repulsed by the building as it has been totally changed and does not belong in the neighborhood and asked if they got permission to add a -4- Page 251 of 255 Planning and Zoning Commission November 5, 2019 second story. Flynn noted it does not have second story and it is only a facade and Schroeder responded that they noted siding and roof changes but the changes met the building code. It was moved by Donat, seconded by Holdiman to close the public hearing. Motion carried unanimously. The hearing was closed at 5:27p.m. It was moved by Donat, seconded by Holdiman to recommend denial of the site plan amendment due to reasons noted in the staff report. Motion carried 3 — 2 with Wilber and Flynn voting against. VI. Discussion The next meeting is scheduled to be on December 3, 2019. VII. Adjournment It was moved by Flynn, seconded by Holdiman, to adjourn the meeting at 5:37p.m. Motion carried unanimously. Respectfully submitted, John Dornoff, Planner I 5 Page 252 of 255 CITY OF WATERLOO Council Communication Complete Streets minutes of October 15, 2019. City Council Meeting: 12/16/2019 Prepared: 12/11/2019 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 12/11/2019 - 10:56 AM Clerk Office Higby, Nancy Approved 12/11/2019 - 10:58 AM ATTACHMENTS: Description Type o Complete Streets 10/15/19 minutes Cover Memo SUBJECT: Complete Streets minutes of October 15, 2019. Submitted by: Submitted By: Page 253 of 255 Minutes of The City of Waterloo Complete Streets Advisory Committee Meeting October 15, 2019 Meeting of the City of Waterloo Complete Streets Advisory Committee was called to order at 1:30pm October 15, 2019 by Vice -Chairperson Blanshan in the Mollenhoff Room, City Hall, 7:15 Mulberry Street. Roll Call: Members present were: Will Frost, Janet Buls, Brian Schoon, Mohammad Elahi, Paul Huting, Pat Morrissey, Aric Schroeder, Ray Feuss, Jessica Rucker, and Kevin Blanshan. Members absent were: Dan Trelka, Jeff Bales, Abraham Funchess, Felicia Cass, Codie Leseman, Wayne Castle, and Greg Young. Also present: Matt Schindel — Engineering and John Dornoff — Planning and Zoning Staff. It was moved by Morrissey, seconded by Huting to approve the minutes of the September 17, 2019 meeting. Motion carried unanimously. Planning and Zoning Commission • Schroeder went over the Planning and Zoning Commission agenda which includes only two items involving a liquor store at 315 Fletcher that needs a Site Plan Amendment and a Special Permit to go from a limited Alcohol license to a non -limited alcohol license. • Morrissey asked if the committee shouldn't want to see improvements to the area especially once University Avenue is completed and there is an increase in bike traffic in the area. • Schroeder asked at what point we require sidewalks, when they are only requesting to reside their building. • Buls noted that if there was a sidewalk required it would not go anywhere, as crossing Sergeant Road/US Highway 63 is dangerous at Fletcher. • Morrissey noted that if someone were killed at the intersection it would be on the City for not doing something about it. • Elahi discussed the potential for a safer crossing of US Highway 63. Sidewalk Scores • Schindel explained that he and Castle looked into a social equity equation for sidewalk infill but the northeast side has the biggest social equity problems but does have the most complete sidewalk network due to it being an older part of the community. • Schoon explained the reasoning behind the social equity question. • The northeast side has lower incomes but more sidewalks • Discussion on what measures should be looked at when it comes to social equity. • Cedar Rapids using Community Block Grant funding to put in sidewalks in low income areas, however the CBG money is going down every year. • Blanshan asked if the full council has had a chance to review the policy. • Morrissey stated that the council has been given a copy of the draft policy. • Schroeder noted that the committee would need to make a recommendation before the policy is forwarded to the City Council. • The policy has been changed since the draft came out in August as a connectivity component was added. • Schroeder noted that Cass had stated that the policy should be adopted by the committee first and used as a working tool. Page 254 of 255 Complete Streets Advisory Committee October 15, 2019 It was moved by Buls, seconded by Morrissey to send out the amended version of the Sidewalk Infill Policy to all members of the committee to look it over for approval at the November meeting. Motion carried unanimously. Bus Shelters • Some of the older bus benches are still around and they will be collected and the backs used for new benches to be used on a temporary basis. • Some of the new pads may be in the wrong location when MET restructures its bus routes. • This item may need to be on next month's agenda. Other Projects • Council approved a 35mph speed limit on University Avenue from Midway Avenue to the McDonalds/Hy-Vee Gas station intersection. Speed beyond that has not been determined • Frost said he thought the whole route should have the same consistent speed limit • Morrissey reiterated his support of University Avenue being reduced to two lanes from Fletcher to US Highway 63, and the speed reduced. • There was discussion of level of service and future demand on University Avenue. Bike Share • Koloni Bike Share was in Waterloo on October 10th to do a presentation on their program. • Morrissey would like to see Complete Streets as part of the program. • One Bike Shop was present and is interested in the project. • Koloni noted that a company or agency would need to take responsibility for the program. • This item may need to be on next month's agenda. Other Discussion • Morrissey gave Schroeder a copy of the Waterloo Commission on Human Rights By -Laws to look at their attendance policy. Adj ournment Blanshan adjourned the meeting at 2:50p.m. Respectfully submitted, John Dornoff Planner I 2 Page 255 of 255