Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
04.04.2022 Supplemental Attachments
FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-12-1400 1346 TRAVEL REQUEST CITY OF WATERLOO FY 22 BUDGETED 5,500.00 EXPENDED YTD 0.00 THIS REQUEST 241.00 LEFT AFTER THIS REQUEST 5,259.00 DATE 03-22-2022 Original - Clerk/Finance Copy - Department NAME(S) AND POSITION(S): Jeremiah Van Dyke, Lieutenant DATE: 03/22/2022 NAME OF CLASS / MEETING: International Code Council- Fire Inspector I Certification DESTINATION: DEPARTURE POINT IF NOT WATERLOO: Waterloo, Iowa DEPARTURE DATE: 02-03-2022 RETURN DATE: 02-03-2022 DATE(S) OF MEETING: 02-03-2022 through 02-03-2022 PURPOSE OF TRAVEL/TRAINING: Obtaining Fire Inspector 1 certification. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: LODGING TAXI MEALS PARKING 241.00 REGISTRATION AIRFARE MILEAGE/FUEL MISC/TOLLS TOTAL FOR ALL: $ 241.00 BUDGET LINE ITEM: 010-12-1400 1346 X GRANT REIMBURSABLE YES NO X YES NO REQUIRED CERTIFICATION TOTAL: $ 241.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO Pat Treloar DEPARTMENT HEAD 03/22/2022 I APPROVE THIS TRAVEL REQUEST 62,certuz 94,r-( MAYOR 4/4/2022 DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-01-82001345 FY 2022 BUDGETED $9,900.00 EXPENDED YTb 3,324.74 THIS REQUEST 3,900.00 LEFT AFTER THIS REQUEST 2,675.26 DATE 3/17/22 Original - Clerk/Finance Copy - Department NAME(S) AND POSITION(S): Quentin Hart, Mayor & Wendy Bowman, Communications Director DATE: 3/18/22 NAME OF CLASS / MEETING: Accelerator for America Louisville Advisory Council Meeting DESTINATION: Louisville, KY DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: 5/1/22 RETURN DATE: 5/4/22 DATE(S) OF MEETING: 5/2/22-5/3/22 PURPOSE OF TRAVEL/TRAINING: Explore transformative initiatives in cities across the country with mayors, business, community, and philanthropic leaders. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: x CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: $2,000 LODGING $200 $500 MEALS REGISTRATION $1,200 MILEAGE/FUEL TOTAL FOR ALL: $ 3,900 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: 010-01-8200-1345 X GRANT REIMBURSABLE YES NO X REQUIRED CERTIFICATION YES NO TOTAL: $ 1,950 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO Quentin Hart DEPARTMENT HEAD 3/18/22 I APPROVE THIS TRAVEL REQUEST Qccerduz 9-(rr MAYOR 4/4/2022 DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY 2022 BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY 010-01-8220 1346 2,000.00 0.00 1,350.00 650.00 3/24/2022 Copy - Department NAME(S) AND POSITION(S): Chris Youngblut, Technology Serivces Director Ben Wagner, GIS Coordinator DATE: 3/23/2022 NAME OF CLASS / MEETING: Iowa Technology & Geospatial Conference DESTINATION: DEPARTURE POINT IF NOT WATERLOO: West Des Moines, IA DEPARTURE DATE: Tuesday, June 14th, 2022 RETURN DATE: Friday, June 17th, 2022 DATE(S) OF MEETING: June 14-17, 2022 PURPOSE OF TRAVEL/TRAINING: The conference is a joint effort between the IGIC and ICIT organizations. There are more than 50 hours of education content over the course of the conference split between two education tracks, I.T. and GIS. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: X CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: NTE $600 LODGING NTE $100 MEALS NTE $650 REGISTRATION MILEAGE/FUEL TOTAL FOR ALL: $ NTE $1350 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: 010-01-8220-1346 X GRANT REIMBURSABLE YES NO X REQUIRED CERTIFICATION YES NO TOTAL: $ NTE $675 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO Chris Youngblut DEPARTMENT HEAD 3/23/2022 I APPROVE THIS TRAVEL REQUEST Qcterch>n 9-far� MAYOR 4/4/2022 DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-12-1400 1346 TRAVEL REQUEST CITY OF WATERLOO FY 22 BUDGETED 5,500.00 EXPENDED YTD 0.00 THIS REQUEST 990.00 LEFT AFTER THIS REQUEST 4,510.00 DATE 03-22-2022 Original - Clerk/Finance Copy - Department NAME(S) AND POSITION(S): Lt. Charles Donohue/FF Jonathan Eastman DATE: 03-22-2022 NAME OF CLASS / MEETING: Smoke Diver hosted by the Mississippi State Fire Academy DESTINATION: Jacksonville, Mississippi DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: 04-23-2022 RETURN DATE: 04-29-2022 DATE(S) OF MEETING: 04-25-2022 through 04-28-2022 PURPOSE OF TRAVEL/TRAINING: To attend the class Smoke Diver hosted by the Mississippi State Fire Academy. This is an advanced fire fighter course with a focus on fire suppression and structure fire rescue. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: X CITY VEHICLE AIRFARE PRIVATE VEHICLE DEPARTING FROM: City of Waterloo, Iowa ESTIMATE OF COST: 350.00 LODGING 240.00 MEALS 0.00 REGISTRATION 400.00 MILEAGE/FUEL TOTAL FOR ALL: $ 990.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: 010-12-1400 1346 X GRANT REIMBURSABLE YES NO X YES NO REQUIRED CERTIFICATION TOTAL: $ 495.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO Pat Treloar DEPARTMENT HEAD 03-22-2022 I APPROVE THIS TRAVEL REQUEST Q uerturc r MAYOR 4/4/2022 DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-22-5100 1346 TRAVEL REQUEST CITY OF WATERLOO FY 2022 BUDGETED 6,000.00 EXPENDED YTD 3,470.85 THIS REQUEST 688.00 LEFT AFTER THIS REQUEST 1,841.15 DATE 3/22/2022 Original - Clerk/Finance Copy - Department NAME(S) AND POSITION(S): Brian Baker - Chief HVAC Inspector DATE: 3/11/2022 NAME OF CLASS / MEETING: IOWACE Annual Education Conference (Iowa Association of Code Enforcement) DESTINATION: DEPARTURE POINT IF NOT WATERLOO: Altoona, Iowa DEPARTURE DATE: 5/4/2022 RETURN DATE: 5/6/2022 DATE(S) OF MEETING: 5/4/2022-5/6/2022 PURPOSE OF TRAVEL/TRAINING: Continuing Education WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: X CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: 450.00 LODGING TAXI 50.00 MEALS PARKING 188.00 REGISTRATION AIRFARE MILEAGE/FUEL MISC/TOLLS TOTAL FOR ALL: $ 688.00 BUDGET LINE ITEM: 010-22-5100-1346 X GRANT REIMBURSABLE YES NO X YES NO REQUIRED CERTIFICATION TOTAL: $ 688.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO Greg Ahlhlem - Building Official I APPROVE THIS TRAVEL REQUEST Qtterduz 9r� DEPARTMENT HEAD MAYOR 3/11/2022 4/4/2022 DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346 TRAVEL REQUEST CITY OF WATERLOO FY 2022 BUDGETED $117,300.00 EXPENDED YTD $87,885.68 THIS REQUEST $1,340.00 LEFT AFTER THIS REQUEST $28,074.32 DATE 3/21/21 Original - Clerk/Finance Copy - Department NAME(S) AND POSITION(S): Officer Jesse Aitchison DATE: 3/21/2022 NAME OF CLASS / MEETING: 2022 Iowa Department of Public Safety/Law Enforcement Intelligence Network(LEIN) training DESTINATION: DEPARTURE POINT IF NOT WATERLOO: Des Moines, Ia. DEPARTURE DATE: 4/4/22 RETURN DATE: 4/15/22 DATE(S) OF MEETING: 4/4/22-4/15/22 PURPOSE OF TRAVEL/TRAINING: Cpt. McClelland is requesting to send Officer Jesse Aitchison to the Law Enforcement Intelligence Network Training (LEIN). This course is sponsored by IDPS and covers undercover investigations, Legal updates, and a week-long practical exercise. The cost for this course will not exceed $1,340.00. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: XXXXX CITY VEHICLE AIRFARE PRIVATE VEHICLE DEPARTING FROM: Waterloo PD ESTIMATE OF COST: 650.00 LODGING 390.00 MEALS 200.00 REGISTRATION 100.00 MILEAGE/FUEL TOTAL FOR ALL: $ 1,340.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: X GRANT REIMBURSABLE YES NO X REQUIRED CERTIFICATION YES NO TOTAL: $ 1,340.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO Captain Aaron McClelland I APPROVE THIS TRAVEL REQUEST Otter / 91.art DEPARTMENT HEAD MAYOR 3/21/22 4/4/2022 DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 Prepared by and return to: Tyler Gartenberg 515-281-2334 MIDAMERICAN ENERGY ATTN: RIGHT-OF-WAY SERVICES PO BOX 657 DES MOINES, IA 50306-0657 MIDAMERICAN ENERGY COMPANY UNDERGROUND ELECTRIC EASEMENT State of Iowa Folder No. 108345-22 County of Black Hawk Work Req. No. DR2927811X Section 14 Project No. D5A4X Township 88 North Range 13 West of the 5th P.M. 1. For and in consideration of the sum of One and no/100---Dollar($1.00),and other valuable consideration, in hand paid by MIDAMERICAN ENERGY COMPANY, an Iowa corporation, receipt of which is hereby acknowledged, the undersigned owner(s) City of Waterloo, as successor to the Waterloo Board of Park Commissioners, its successors and assigns ("Grantor"), does hereby grant to MIDAMERICAN ENERGY COMPANY, its successors and assigns ("Grantee"), a perpetual, non-exclusive easement to construct, reconstruct,operate, maintain, replace or remove underground conduits,wires and cables for the transmission and distribution of electric energy and for communication and electrical controls,including other reasonably necessary equipment incident thereto(collectively"Facilities")under and on the surface of the ground,through and across certain property described below, together with the right of ingress and egress to and from the same, and all the rights and privileges incident and necessary to the enjoyment of this easement("Easement Area"). DESCRIPTION OF PROPERTY CONTAINING EASEMENT AREA: The Northeast Quarter of Section No. Fourteen (14),Township No. Eighty-eight(88)North, Range No. Thirteen (13)West of the Fifth (5th) Principal Meridian in Black Hawk County, Iowa, subject to legal highways and excepting the following described premises: Commencing at a point on the Easterly line of said Section Six Hundred Forty-five(645)feet South of the Northeasterly corner thereof; thence South along said East line a distance of Six Hundred Seventy-five (675) feet; thence Westerly parallel to the North line of said Section a distance of Seven Hundred Seventy-four and Four-tenths feet (774.4); thence North parallel to the said East line a distance of Six Hundred Seventy-five(675)feet;thence Easterly parallel to the Northerly line of said Section a distance of Seven Hundred Seventy-four and Four-tenths(774.4)feet to the point of beginning. EASEMENT AREA: An underground electric easement described as follows: Beginning at the northeast corner of the above described property, thence west along said north property line a distance of one thousand (1,000)feet, thence due south ten (10)feet, thence east parallel to the north property line a distance of one thousand (1,000)feet, thence north along the east property line ten (10)feet to the point of beginning. 2. Additionally, Grantee shall have the right to remove from the Easement Area described above, any obstructions, including but not limited to, trees, plants, undergrowth, buildings, fences and structures that interfere with the proper operation and maintenance of said Facilities and equipment. 3. Grantor agrees that it will not construct or place any permanent or temporary buildings, structures, fences, trees, plants or other objects on the Easement Area described above or make any changes in ground elevation without written permission from Grantee indicating that said construction or ground elevation changes will not result in inadequate or excessive ground cover, or otherwise interfere with the Grantee's rights to operate and maintain its Facilities. 4. In consideration of such grant, Grantee agrees that it will repair or pay for any damage which may be caused to crops, fences, or other property, real or personal of the Grantor by the construction, reconstruction, maintenance, operation, replacement or removal of the Facilities (except for damage to property placed subsequent to the granting of this easement)that Grantee determines interferes with the operation and maintenance of the Facilities and associated equipment.The cutting,recutting,trimming and removal of trees,branches,saplings,brush or other vegetation on or adjacent to the Easement Area is expected and not considered damage to the Grantor. 5. Additionally, when Grantor provides or installs duct/conduit for said Facilities, this grant shall cover and include all Facilities installed as a part of the Easement Area. 6. Grantor certifies that it is not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked Person"or any other banned or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and are not engaged in this transaction, directly or indirectly, on behalf of, any such person, group, entity or nation. Grantor hereby agrees to defend, indemnify and hold harmless the Grantee from and against any and all claims,damages, losses, risks, liabilities and expenses (including attorney's fees and costs) arising from or related to any breach of the foregoing certification. 7. Each of the provisions of this easement shall be enforceable independently of any other provision of this easement and independent of any other claim or cause of action. In the event of any matter of dispute arising out of or related to this easement, it is agreed between the parties that the law of the jurisdiction and location where this easement is recorded (including statute of limitation provisions) will govern the interpretation, validity and effect of this easement without regard to the place of execution or place of performance thereof, or any conflicts of law provisions. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS EASEMENT. EACH PARTY FURTHER WAIVES ANY RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. 8. Grantor hereby relinquishes all rights of dower, homestead and distributive share in and to the property and waives all rights of exemption as to any of the property. Grantor understands that homestead property is in many cases protected from the claims of creditors and exempt from judicial sale; and that by signing this easement, voluntarily gives up any right to this protection for this property with respect to claims based upon this easement. 9. Grantor warrants to Grantee that Grantor holds title to the Easement Area in fee simple and Grantor has good and lawful authority to grant the rights provided in this easement. Dated this 4th day of April , 2022 City of Waterloo, as successor to the Waterloo Board of Park Commissioners By: Its: Mayor Print: Quentin Hart ACKNOWLEDGMENT STATE OF IOWA ss COUNTY OF BLACK HAWK ) This record was acknowledged before me on April 4 , 2022 , by Quentin Hart as Mayor of the City of Waterloo, as successor to the Waterloo Board of Park Commissioners. , ,•' Sig re of Notary Public 0� � Sheryl D. Akin t . pk Exp. 5/11/22 4111.111 N N Hess Road M M N r co O w O E.N. r 0) GOO O N h- Z M L G) r r U O Ca co U 0 c/) 0 0 o a)c-i o v U) O r O o z <n a) c0 V U) w N d C 0 7) co Hess Road OIL o / N 0 r o f° •a) t c"a as 0o ct a) w a) a) co a) E co W r m v a u E u) ri W o O a) a) a) cL V) 3 W fl a to �+ r d ro U Q U c CO U o z} 2 LL w Q` 21 (6 y U c Q We a) X �� c I0 t9 0 W47 N a-, a) J C Z anuand puowweH kr BEFORE THE WATERLOO CITY COUNCIL IN RE: CASEY'S #2879 ORDER ACCEPTING 3260 UNIVERSITY AVENUE ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50701 AGREEMENT —FIRST VIOLATION On this 4th day of April, 2022, in lieu of a public hearing on the matter, the Waterloo City Council approves the attached Acknowledgment/Settlement Agreement between the above -captioned permittee and the City of Waterloo. Therefore, the Waterloo City Council FINDS that the above -captioned permittee has remitted to the City of Waterloo a civil penalty in the amount of Three Hundred Dollars ($300.00). Be advised that this action will count as a First Violation of Iowa Code Section 453A.2(1), pursuant to Iowa Code Section 453A.22(2)(a). IT IS, THEREFORE, ORDERED that the judgment in this matter is hereby satisfied. Mayor Quentin Hart ATTEST: Kelley Felchle, City Clerk BEFORE THE WATERLOO CITY COUNCIL IN RE: PRIME MART #3 ORDER ACCEPTING 1008 LAPORTE ROAD ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50702 AGREEMENT —FIRST VIOLATION On this day of April, 2022, in lieu of a public hearing on the matter, the Waterloo City Council approves the attached Acknowledgment/Settlement Agreement between the above - captioned permittee and the City of Waterloo. Therefore, the Waterloo City Council FINDS that the above -captioned permittee has remitted to the City of Waterloo a civil penalty in the amount of Three Hundred Dollars ($300.00). Be advised that this sanction will count as a First Violation of Iowa Code §453A.2(1), pursuant to Iowa Code §453A.22(2)(a). IT IS, THEREFORE, ORDERED that the judgment in this matter is hereby satisfied. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk BEFORE THE WATERLOO CITY COUNCIL IN RE: KWIK STOP 4 ORDER ACCEPTING 515 BROADWAY ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50703 AGREEMENT —FIRST VIOLATION On this 4th day of April, 2022, in lieu of a public hearing on the matter, the Waterloo City Council approves the attached Acknowledgment/Settlement Agreement between the above - captioned permittee and the City of Waterloo. Therefore, the Waterloo City Council FINDS that the above -captioned permittee has remitted to the City of Waterloo a civil penalty in the amount of Three Hundred Dollars ($300.00). Be advised that this sanction will count as a First Violation of Iowa Code §453A.2(1), pursuant to Iowa Code §453A.22(2)(a). IT IS, THEREFORE, ORDERED that the judgment in this matter is hereby satisfied. Quentin Hart, Mayor ATTEST: Kelley Felchle Kelley Felchle, City Clerk BEFORE THE WATERLOO CITY COUNCIL IN RE: LANES CORNER STORE ORDER ACCEPTING 2027 FALLS AVENUE ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50701 AGREEMENT —FIRST VIOLATION On this 4th day of April, 2022, in lieu of a public hearing on the matter, the Waterloo City Council approves the attached Acknowledgment/Settlement Agreement between the above - captioned permittee and the City of Waterloo. Therefore, the Waterloo City Council FINDS that the above -captioned permittee has remitted to the City of Waterloo a civil penalty in the amount of Three Hundred Dollars ($300.00). Be advised that this sanction will count as a First Violation of Iowa Code §453A.2(1), pursuant to Iowa Code §453A.22(2)(a). IT IS, THEREFORE, ORDERED that the judgment in this matter is hereby satisfied. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk ©[I ©Jii NY !\`ti'I=,11-4.00 Tid.', ©Ua enrol FUC 715 Mulberry Street 0 Waterloo, IA 60703 U (319) 291-4327 Fax (319) 291-4286 March 8, 2022 Prime Mart #3 1008 LaPorte Road Waterloo, Iowa 50702 Re: Prime Mart #3, 1008 LaPorte Road, Waterloo — Tobacco Violation February 20, 2022 The City of Waterloo has scheduled a hearing before the Waterloo City Council on the 4th day of April, 2022, at 5:30 p.m., in the Council Chambers, Second Floor, City Hall, 715 Mulberry Street, Waterloo, Iowa, 50703. The hearing complaint, which has been filed against you, is attached. If you or your representative fail to appear at this hearing, a decision may be rendered against you. You have the opportunity to be heard at this hearing and to be represented by an attorney at your own expense regarding the mandatory $300.00 civil penalty prescribed by Iowa Code §453A.22(2)(a) for the violation of §453A.2(1), selling, giving, or otherwise supplying any tobacco, tobacco products, or cigarettes to any person under eighteen years of age. If you wish to settle this case in lieu of the public hearing, you may complete the attached Acknowledgment/Settlement Agreement, returning the original copy, properly signed and dated, to Martin M. Petersen, Waterloo City Attorney, 715 Mulberry Street, Waterloo, Iowa, 50703, no later than March 22, 2022 prior to the April 4th council meeting With this Acknowledgment/Settlement Agreement, you must include a check in the amount of $300.00 made payable to the City of Waterloo. This will satisfy the penalty for a First Violation under Iowa Code §453A.22(2) and this will conclude the matter. If you have any questions, you may reach me at (319) 291-4327. If you have obtained representation by an attorney in this matter, the attorney should contact me. Sincerely, fi(LJ4U(JCL Martin M. Petersen Waterloo City Attorney mmp: sda Enclosures: Hearing Complaint, Acknowledgment/Settlement Agreement CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 7 Retailer: nit€ I•kati''f- 3 RESULTS (check one): Date Checked: UV( i 1 <2t-; Time Checked: i ��ll )t Cleric information: ❑ Male 'g Female (NAME ONLY REQUIRED IF NON•COMIPLI.AMT): €�' f (' rrin ti l �- f tl i FY 2W)2 Address: Compliant MonaCompliant Unable to Comp! (Not Applicable) FirstNamed \hid Ch11 Middle initial: fast Name: 019e14 mil, Case #:o - �i (,?[ (1 v • have issued a criminal c tation to the clerk listed above for selling tobacco It a ernative nicotine or vapor products to a person under age twenty-one, Iowa Code § 453A.2(1). (NOTE: If the compliance check result is Non -Compliant, a citation must be issued before your department may receive payment,) Cog Prot • State)----' ZIP: f Unable to Coh)ilete the Carnpl1atiwe Check (check one) 0 Establishment has a VALlP PERPalii but Does Not Sell Tobacco, Alternative Nicotine or Vapor prodtiOst - Permit Status Ver fled by City Clerk or County Auditor ❑ Establishment No Longer Holds a Valid Tobacco, Alternative Nicotine or Vapor Product Permit ❑ Establishment is Out of Business ❑ Establishment is designated as an "UttatistactveyGondiiion" l▪ 'Unsatisfactory Condition' verified by ABb Investigator - Officer Conducted a Walk -Through of the Premises (Explanation Required in Comments Section Below) la If none of the above reasons apply, write reason and explanation on the back of the form —see page 4 for reason list. OFFI'dFR IINF :IIIMATOON (OFFICER THAT CONDUCTED COMPLIANCE CHECK): First Name, ` . e. L Badge: (0 I Middle Initial: ``__ Last Name: / /r Department:';� 1 U l CONFIDE -KM'. IIMFOR ANT (CI): 3i Age: '16 17 ❑ 18 ■ 19 ❑ 20 3i Gender: ❑ Male Female CI Number: ■ (Last 4 dig is of CI's ID) ;I Race: ❑ Black ■ American Indian/Alaskan Native 0 Asian/ Pacific Islander ,White 0 Unknown I Ethnicity: Not of Hispanic Origin ❑ Hispanic Origin ■ Unknown ttES4LT5 OF ATTEMPTED PURCHASE: ttempted Purchase Item. Cigarettes ■ Smokeless Tobacco ■ Other Tobacco Product I Vapor Product ❑ Alternative Nicotine Product r ^ Requested? ■ YES NO trcequested? %YES 0 NO COMMENT': Empty e cic L9 ufe. (.00/1 •iri(d h . ,1 c/C14 r,t 9 h (to hit CP)thRao tJ r tJPr4//c.(t5)0, IN RE: PRIME MART #3 1008 LAPORTE ROAD WATERLOO, IOWA 50702 HEARING COMPLAINT FIRST VIOLATION The City of Waterloo hereby makes the following complaint against the above named permittee: 1. Iowa Code §453A.2(1) provides that a person shall not "sell, give, or otherwise supply any tobacco, tobacco products, or cigarettes to any person under eighteen years of age." 2. Iowa Code §453A.22(2)(a) provides that if a permit holder or employee of a permit holder has violated Iowa Code §453A.2(1), the permit holder shall be assessed a civil penalty of Three Hundred Dollars ($300.00) for a first violation of Iowa Code §453A.2(1). 3. On or about February 20, 2022, the permittee or an employee of the permittee sold cigarettes or tobacco products to a person under eighteen years of age. A copy of the Compliance Check and/or Criminal Conviction is attached and incorporated herein. 4. Therefore, in accordance with Iowa law, the City Attorney requests the Waterloo City Council find a violation of the above -referenced section of Iowa Code Chapter 453A and assess a civil penalty in the amount of Three Hundred Dollars (S300.00) against Prime Mart #3. m our() zi-ear) Martin M. Petersen Waterloo City Attorney IOWA INCIDENT REPORT WATERLOO POLICE DEPARTMENT 715 MULBERRY ST WATERLOO, IA 50703 (319) 29 -4340 Case Number W22-013014 Date/Time of Report 2/20/2022 08:38 Hrs Status 02 - INACTIVE County BLACK HAWK - 07 Is Date and Time of Incident Date or Incident Known? Yes Lower Date Range 02/20/2022 Day of Week Incident Occurred SUNDAY SUMMARY Report Type 0 - INITIAL INCIDENT Upper Date Range IExceptionally Cleared Was Incident Reported Reporting Victim's by a Victim? NO Sequence No. Business Name (if Incident was Reported by a Business) City WATERLOO Seq. No. 001 Ordinance STATE Code Section 453A.2(1) Charges/Offense EMPLOYEE PROVIDING TOBACCONAPOR Type of Criminal Activity (up to 3) B - BUYING/RECEIVING Type of Weapon/Force Invo ved (up to 3) No. of Premises Entered Method of Entry 1 N-NO FORCE Location Type 07 - CONVENIENCE STORE Literal Description Name - Last TYLER State IA ORI Number IA0070300 Incident Time or Lower Time Range 08:20 INCIDENT REPORTED BY First JEFF Address 715 MULBERRY ST Zip Code 50703 OFFENSE 001 UCR Offense Code ALL OTHER OFFENSES - 90Z PRODUCT TO PERSON UNDER 21-1ST OFF IOffender Suspected of Using (up to 3) LOCATION OF OFFENSE IDate Cleared Exceptionally I Upper Time Hrs. Range Hrs. Middle Suffix (Home/Cell Phone Work Phone (319) 291-4340 Attempted/Completed C - COMPLETED IGang Information (up to 2) IX Coordinate 555648.375 Y Coordinate 4702889 'ORTH LA PORTE FRONTAGE RD VICTIM 001 Type of Victim Sequence No. Business/Organization/State/County/Municipality Name S - SOCIETY/PUBLIC 001 Address UCR Offense Code 1 ALL OTHER OFFENSES - 90Z UCR Offense Code 3 UCR Offense Code 5 UCR Offense Code 7 UCR Offense Code 9 Aggravated Assault/Homicide Circumstances (up to 2) Additional Justifiable Homicide Circumstances Type of Offender 01 - Offender Name - Last ROBERTSON :(es) City State Zip Code VICTIM CONNECTED TO UCR OFFENSE CODES UCR Offense Code 2 UCR Offense Code 4 UCR Offense Code 6 UCR Offense Code 8 UCR Offense Code 10 ADDITIONAL OFFENSE CIRCUMSTANCE INFO 'Phone END OFFENSE 001 OFFENDER 001 Sequence No. NIBRS Offense Sequence Numbers 001 I001 First CHRISTINA ILesser Offense Sequence Numbers Middle LOUISE Suffix Address 2228 HAWTHORNE AV DOB Known? DOB Age or Lower Age Range Upper Age Range YES 08/31/1981 40 City WATER00 State IA Zip Code 50702 Home Phone (563) 607-2353 SSN 385-02-3936 Resident Status R - RESIDENT Printed At: WATERLOO POLICE DEPARTMENT 2/22/2022 7:13 AM Page 1 Form #: W22-013014 _I.. IOC ma 897ZZ6848 Skin Tone FAIR - FAR Scars/Marks/Tattoos State Gender Height Weight IA F - FEMALE 5' 03" 180 LBS Race W - WHITE Eye Color BROWN-BRO Hair Color BROWN-BRO Ethnicity Type of Injury (up to 5) -NONE Offender Present When Officer Arrived? NO Employer or School PRIME MART 3 EMPLOYMENT OR SCHOOL INFO Address 1008 LAPORTE RD Offender Arrested? NO Occupation CLERK 'Arrest Trans. Booking No. Associated Offense Sequence No. Arrestee Condition Place of Birth City WATERLOO ARREST INFO 'Type of Arrest State IA Zip Code 50702 Arrest Date Miranda By Work Phone Arrest Time Hrs. Miranda Date Multiple Arrestee Indicator Additional Incidents Cleared 'Arrestee Armed With (up to 2) Miranda Time Hrs. Parent/Guardian Contacted? ' Name - Last First Middle Suffix JUVENILE INFO Address Home Phone City Work Phone Nuvenile Arrestee Disposition State Zip Code END OFFENDER 001 OFFICER'S INVESTIGATIVE NOTES On Sunday, February 20th, 2022 at approximately 0920hrs, Officers with the Waterloo Police Department conducted tobacco compliance checks in the City of Waterloo. While utilizing an under aged CI, the CI went into the Prime Mart 3, located at 1008 La Porte Rd. The CI approached the counter and asked the Offender/Clerk for New Ports in a box. The Offender went to make the sale and another employee told her to make sure she checks the ID. The Offender asked for the ID, which the CI gave her the ID and she looked at it, then sold her the pack of cigarettes. The CI walked out of the store and I approached the counter to speak with her. I identified myself, told her the CI was only 16 years old and that this was a 5acco compliance check and she just sold to a minor. She got upset and went around the counter and straight to the bathroom and told me she needed calm down and then she would be out. I went to my vehicle to grab my notebook and my body camera and when I walked back up to the store she was coming outside. We talked about what happened inside and this was recorded to my body camera.See Axon body camera for further details. I returned to the WPD where I completed paperwork and a seizure notice for the cigarettes that were seized. After the paperwork was completed, we returned and issued the complaint to the Offender, along with the seizure notice. Nothing further. Det. Tyler Complainant/Reporting Party Signature Reporting Officer TYLER JEFF Video Taken? (Check All That Apply) 04 - BODY CAMERA Incident Assigned To INV i!r3adge Number 3637 OFFICER Supervisor FARMER, AUGUSTIN ly Evidence Seized? ES Badge Number F3664 Photos Taken? NO Printed At: WATERLOO POLICE DEPARTMENT 2/22/2022 7:13 AM Page 2 Form #: W22-013014 This Complaint and Affidavit is to be: IN THE IOWA DISTRICT COURT IN AND FOR BLACK HAWKCOUNTY Filed with Court Clerk (cc: CA) (_I Submitted to County Attorney LI Filed with JCO - Defendant is a Juvenile OFFENDER THE STATE OF IOWA vs. Agency Form Number. W22-013014 Arrest Date: 02/20/2022 Last ROBERTSON First CHRISTINA Middle LOUISE Suffix Address 2228 HAWTHORNE AV DL# 897ZZ6848 State IA DL Class DL Endorsements City WATERLOO DL Restrictions State IA Zip Code 50702 Date of Birth 08/31/1981 Height 5' 03" Gender FEMALE Weight 180 LBS Race WHITE - W Eye Color BROWN -BRO Ethnicity UNKNOWN - U Hair Color BROWN - BRO OFFENSE State County Local Li Class SWIMS Code Section 453A.2(1) Location Type 07 - CONVENIENCE STORE Literal Description IORTH LA PORTE FRONTAGE RD .Address 1008 LAPORTE RD Crime Description PROVIDING TOBACCO TO A PERSON UNDER 21-1ST OFFENSE Serious P.I. Fatal Accident City WATERLOO Civil Damage Assessment Speed in Zone Other 11 Is Date and Time of Incident Known? YES Incident Date or Low Range 02/20/2022 Upper Date Range Incident Time or Low Range 08:20 State IA Zip Code 50702 Upper Time Range STATUS OF OFFENDER/JUVENILE I TAKEN INTO CUSTODY WARRANT REQUESTED NARRATIVE CUSTODY NO CONTACT ORDER REQUESTED SUMMONS TO APPEAR (Citation Issued) RELEASED TO PARENT/GUARDIAN Narrativeof Offense Committed On or about the above stated date and time the Defendant did . unlawfully sell, give or otherwise supply tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes to a person under twenty one years of age SUMMONS I promise to appear in s. -urt at 9,aicilirne-4.171 place. Signature of Defendant Court Date 03/08/2022 Court Time 9:00 AM In the Court At BLACK HAWK COUNTY COURTHOUSE 316 EAST FIFTH STREET, WATERLOO 50703 AFFIDAVIT STATE OF IOWA, BLACK HAWK COUNTY ' the undersigned, being duly sworn, state that all facts contained in this Complaint and Affidavit, known by me or told to me by other reliable persons form the basis for my afief that the defendant committed this crime State all facts and persons relied upon supporting elements of alleged crime On Sunday, February 20, 2022, at approximately 0820 hours, Officers with the Waterloo Police Department were conducting Tobacco Compliance Checks in the City of Waterloo. The defendant was an employee working at Prime Mart 3, located at 1008 LaPorte Rd. The under aged CI asked for a pack of Newport cigarettes. The defendant began to complete the transaction when another employee told the defendant to ask for an ID. The defendant did ask for an ID and then completed the transaction. Printed At WATERLOO POLICE DEPARTMENT 2/20/2022 8:57 AM Page 1 of 2 Form #: W22-013014 FRANA, ANDREA B3641 GENERAL PROBABLE CAUSE Signature of Complainant or Officer, Officer Name & Number r)efendant Implicated ,3 - ADMISSION/STATEMENTS, 08 - CRIME OBSERVED BY OFFICERS, 14 - OTHER PHYSICAL EVIDENCE Operating Motor Vehicle in County Other Physical Evidence CIGARETTES IOWA STATE OF IOWA, BLACK HAWK COUNTY !Attempted To Inflict Injury Subscribed and sworn to before me by the person(s) signing the Complaint and Affidavit(s) on 02/20/2022 Notary Name Signature of Verifying Party Commission Number My Commission Expires Peace Officer I I Notary L__I Prosecuting Attorney MMMMEMEM Printed At WATERLOO POLICE DEPARTMENT 2/20/2022 8:57 AM Page 2 of 2 Form #: W22-013014 co O r • N M,ao r"".�'0 2 o¢ a. a)3o 11.7 AEco Vs }}Y TO C CV N 0 co Cf 1 ..a ru 0 0 rn rn ru ..a 0 a- rn p- O 1 En rn 0 ..a 0 JO IOWA CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING (CESF) PROGRAM Governor's Office of Drug Control Policy Pape State Office Bldg., 5th Floor 215 E. 7th Street, Des Moines, Iowa 50319 (515) 725-0300 CESF CFDA #16.034 Grantee: Waterloo Police Department 715 Mulberry Waterloo, Iowa 50703 Grant #20-CESF- 383558 Grant Period: January 1, 2021 - June 30, 2022 Revised March 14, 2022 Federal: $43,385 Match: $0 Total: $43,385 ODCP Contact: Dennis Wiggins 515/725-0311 Legal Applicant: Joel Fitzgerald Program Director: Robert Duncan This grant is subject to the terms and conditions incorporated either directly or indirectly by reference in the grant program legislation, the grant program request for proposal, and the stipulations, if any, noted under "Special Conditions." Except for any waiver granted explicitly elsewhere in this grant, this award does not constitute approval of waiver from any Federal or state statutory/regulatory requirements for a United States Department of Justice grant. The grantee agrees to perform all services and furnish all supplies set forth in the application of this grant award for the consideration stated herein. This grant consists of the application for funds, the grant award notice, the budget documents, the standard grant conditions, the reporting forms, and all approved grant revision documents. All parties to this grant award acknowledge that they have fully read and understand this contract, and agree to abide by the terms set forth within. SPECIAL CONDITIONS In witness wherefore, the parties hereto have executed this grant the day and year specified below. SIGNATURES/DATES 62ueidta s' 4/4/22 Legal Applicant/Date Program Director/Date ODCP Administrator/Date Preparer: Christopher S.Wendland, P.O. Box 596,Waterloo, Iowa 50704 (319)234-5701 After recording, return to Community Planning&Development, 715 Mulberry Street, Waterloo, IA 50703. C`l�� �a� DEVELOPMENT AGREEMENT P This Development Agreement (the "Agreement") is entered into as of , 2022, by and between Union Development Holdings, LLC ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. City is the owner of real property on E. 4th Street identified as parcel no. 8913-12-326-003, a portion of which is legally described as set forth on Exhibit "A" attached hereto (the "Property"). Company desires to undertake a project on the Property and is willing and able to finance and construct a total of at least 150 multifamily units and related improvements thereon. B. City considers affordable housing 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 to encourage that goal. City believes that such development is in the vital and 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 Projects (defined below) have been undertaken and are 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 the Property to Company for the sum of$1.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made 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 has delivered to City 1 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 within twenty (20) days following written notice of such objections from Company, or such additional time as agreed by the parties, Company may terminate this Agreement without further obligation. City shall provide any title documents it has in its possession, including any abstracts, within ten (10) days of the date of this Agreement to assist in title review. 2. Delivery Date: The City shall deliver the Property to the Company by the latter of: a) the receipt of all applicable development and construction permits as required for the Company to begin Improvements (defined below), or b) upon completion of the anticipated on-site and off-site improvements by others per the Preliminary Plat for North Crossing Third Addition prepared by Robinson Engineering Company attached hereto as Exhibit B (the "Delivery Date"). 3. Improvements by Company. Company acknowledges that it has had a reasonable opportunity to inspect the Property and to conduct other due diligence related to the Project. Company agrees to accept the Property in its "AS IS" condition, without any warranty from City, expressed or implied, as to the condition of the Property, its marketability, or its fitness for any particular purpose. At its own cost Company shall clear all trees and shrubs necessary to undertake the Project (defined below), shall construct to a finished state at least 150 multifamily units, including installation of driveways and sidewalks, and be responsible for removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (construction and finishing as so described are referred to collectively as the "Improvements"). 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. Company shall submit specific plans, building designs and site plans for City review and approval before the commencement of construction and shall not substantially deviate from such plans, specifications or designs. 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 Property, the Improvements, and all site preparation and development-related work to be undertaken and completed by Company under this Agreement are collectively referred to as the "Project". 4. 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 incentives provided for in this Agreement, and that without said commitment City would not have done so. Subject to Unavoidable Delays (defined below), Company having pursued and received a building permit, shall begin construction of the Improvements within 30 days of the Delivery Date. (the "Project Start Date"), and 2 construction of Improvements must be Substantially Completed within 24 months of the Project Start Date (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. If Company has not begun construction of the Improvements by the Project Start Date, City may terminate this Agreement as set forth in Section 14, and City shall have no further obligation hereunder with respect to such Project. 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. If construction is not completed by the Project Completion Date or within the allowed period of extension, City may (i) grant an extension of the Project Completion Date, the granting of which extension will not be unreasonably withheld so long as Substantial Completion of construction is expected within a reasonable time period, or (ii) if Substantial Completion is not expected within a reasonable time period, terminate this Agreement as set forth in Section 14, title to the Property shall revert to the City, and City shall have no further obligation hereunder with respect to such Project nor any duty to compensate Company for any work or materials provided before the termination date or for the added value of improvements completed or partially completed. As promptly as possible, Company shall notify City in writing of the occurrence of any Unavoidable Delay and shall again notify City in writing when the Unavoidable Delay has ended. 5. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. In connection with any reverter of title, Company shall not be entitled to a refund of the Purchase Price. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within sixty (60) days after written demand by City, then on Company's behalf and as its attorney-in-fact City shall be authorized, but not required, to execute 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. A. Indemnification by Company. Company 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 3 Company's negligent act, error, omission, or willful misconduct in connection with the performance of any and all of its duties under this Agreement, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 6. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. 7. Incentives. After the Improvements have been Substantially Completed, Company will be eligible for the following incentives: A. Partial Tax Exemption. Because the Property is located in a designated Consolidated Urban Revitalization Area (CURA), the Property is eligible for tax exemption consistent with and to the extent provided for in Iowa law and City ordinance, provided that Company meets all requirements to qualify for such exemption. 7. 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. 8. 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. 9. 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. Until the Improvements have been Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. 4 B. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses. C. Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. 10. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 11. Representations and Warranties of Company. Company hereby represents and warrants as follows: 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 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. 5 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. 12. Indemnification and Releases. A. 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 Property or resulting from any defect in the Improvements caused by Company's negligent act, error, or omission during the performance of this Agreement . 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 Property 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. B. Except for anygross negligence, error, omission, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever, by any person or entity whatsoever that arises from: (1) any violation of any term or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) Company's negligent act, error, omission, or willful misconduct in connection with construction, installation, ownership, and operation of the Improvements, or (3) otherwise as a result of or in connection with the Project C. The indemnification obligations under this Section shall include attorneys' fees and expenses incurred by any indemnified part. The provisions of this Section shall survive the expiration or termination of 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 on the Property to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; 6 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, except as otherwise expressly provided in this Agreement; 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; D. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to a Project Site formerly owned by City. E. 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. 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, in whole or in part. Before exercising such remedy, City shall give 60 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 60 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 by City pursuant to this Section 14(A), 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. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such 7 remedy, Company shall give 60 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 60 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. In the event that specific performance is not available for any reason whatsoever, Company may exercise any and all remedies available at law, equity, contract or otherwise for City's default hereunder. 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. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of each party 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 each party to enter this Agreement. Each party acknowledges that without such promises, covenants, representations, and warranties, the other party would not have entered this Agreement. 16. 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. 17. 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. 18. 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. 8 (b) if to Company, at 409 Massachusetts Avenue, Suite 300, Indianapolis, IN, 46204, Attention: Ryan Clark. 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. 19. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the 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. 20. 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. 21. 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. 22. 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. 23. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 9 24. Counterparts. This Agreement may be executed in one or more counterparts, each of which, including signed counterparts delivered by facsimile or other electronic means, shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 25. Entire Agreement. This Agreement, together with the exhibits attached hereto, if any, 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. 26. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 10 CITY OF WATERLOO, IOWA UNION DEVELOPMENT HOLDINGS, LLC By: �, By: // A L -C Quentin M. Hart, Mayor Kyle Bach, CEO Attest: _4(h Kelley Felchle,'C ty Clerk 11 EXHIBIT "A" Property Description [insert] 1 EXHIBIT "B" Preliminary Plat of North Crossing Addition See attached. 1