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HomeMy WebLinkAboutCouncil Packet - 7/17/2023CITY OF &J�64TERLOO IOWA THE CITY COUNCIL OF WATERLOO, IOWA REGULAR SESSION TO BE HELD AT Harold E. Getty Council Chambers Monday, July 17, 2023 5:30 PM CITY OF WATERLOO COMMUNITY VISION PLAN 1. Fly the W: To develop a sense of pride and relationship between residents and the City of Waterloo, and then leverage that pride to communicate the City's attributes to external audiences. 2. Elevate Housing: Redevelop, renovate, or improve 800 residences in Waterloo in eight years by providing access to capital. 3. Celebrate and Connect Neighborhoods: To leverage Waterloo's rich tradition of neighborhoods by celebrating and connecting them with the community and region at large. 4. Waterloo Works: Grow a diverse and skilled workforce in Waterloo that connects people and employers for mutual growth. 5. Crossroads Doubledown: Re -energize Crossroads Mall area into a sports/recreation themed gravitational center. 6. Power Up Downtown: Keep Waterloos core downtown evolving to meet the needs of future generals, supporting and showcasing arts and cultural opportunities and creating an experience like no other. 7. Sportstown USA: To generate excitement, develop youth, and drive investment and economic impact from year-round visitors. 8. Community of Opportunity: Eliminate barriers that keep Waterloo residents, and the community as a whole, from reaching its true potential, creating an equitable, thriving, and sustainable community for future generations. Waterloo is a Community of Opportunity, where everyone can prosper. GENERAL RULES FOR PUBLIC PARTICIPATION REGULAR SESSION AGENDA A. 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 public Page 1 of 435 is required to follow the rules listed in this article when speaking during any meeting of the city council. B. At the presiding officer's discretion, individuals may address the presiding officer by stepping to the podium, and after recognition by the presiding officer, shall state their name, address and group affiliation, if appropriate, and speak clearly into the microphone. C. Comments shall be germane and refrain from personal, impertinent, or slanderous remarks. D. Cell phones and electronic devices shall be set to silent prior to the start of the meeting. RULES FOR PUBLIC COMMENT SECTION OF THE AGENDA A. Individuals shall speak one (1) time on only one (1) issue for a maximum of three (3) minutes During the public comment section of the agenda. The public shall not be required to pre -register to speak during public comment. Individuals shall only speak on matters not listed on the regular agenda for that date. Any matter presented shall be directed to the presiding officer and addressed, if necessary, after the meeting. B. Council members may speak during public comment portion of the agenda after the public has finished speaking C. City staff shall not be required to provide an immediate answer to a matter presented during a council meeting unless it specifically pertains to an item on the agenda RULES FOR PUBLIC COMMENT DURING PUBLIC HEARINGS Individuals may speak during the public comment portion of a scheduled public hearing for a maximum of three (3) minutes or may submit written comments to the city clerk by four o'clock (4:00) P.M. on the day of the public hearing. Groups of citizens with similar viewpoints are encouraged to select a representative to share the viewpoint of the group. RULES FOR PUBLIC COMMENT DURING AGENDA ITEMS At the discretion of the presiding officer, individuals may speak for a maximum of three (3) minutes when the council discusses agenda items. This section does not apply to businesses or parties directly involved in agenda items. Roll Call. Prayer or Moment of Silence. Pledge of Allegiance - Belinda Creighton -Smith. Approval of Agenda as proposed or amended. Approval of Minutes of July 3, 2023, Council Regular Session, as proposed. Page 2 of 435 Proclamation declaring July 14th as 1-133d Infantry Regiment—Ironman Battalion Day. PUBLIC COMMENTS 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. CONSENT AGENDA The consent agenda is reserved for routine resolutions and motions, acted upon by roll call vote on a single motion without discussion. Council shall either vote yea or nay when the roll is called. Council members may request that an item be removed from the consent agenda and considered separately. Such a request does not require a second. The public shall be prohibited from requesting that items listed on the consent agenda be removed and considered separately. The public may contact council members with questions regarding consent agenda items. 1-4A-16(A)(8). 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving the request of Wallace Investment Group, LLC, for a waiver for a concrete driveway, located at 1012-1014 Fletcher Avenue and 1018-1020 Fletcher Avenue, with the elimination of the sidewalk section due to inability to meet grade requirements. 3. Resolution approving the request of Roberta Slick for a waiver for a concrete driveway, located at 918 Burbank Avenue, with the elimination of the sidewalk section due to inability to meet grade requirements. 4. Resolution authorizing an exception to the purchasing policy for the purchase of a used, demonstration, Sanitation Truck, for the Public Works Sanitation Department, in the amount of $349,500.00. 5. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as August 3, 2023, and date of public hearing as August 7, 2023, in conjunction with the Waterloo Public Library 2023 Interior Renovation Project, Contract No. 28439, and instruct the City Clerk to publish notice. 6. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as July 27, 2023, and date of public hearing as August 7, 2023, in conjunction with Asbestos Abatement Services, Contract No. AB-2023-07-02P, for property located at 212 Sunnyside Avenue and 1318 Martin Road, and instruct the City Clerk to publish notice. 7. Resolution setting date of public hearing as August 7, 2023, to approve a request by Freedom Truck and Trailer Wash, LLC, for a Site Plan Amendment for a truck and trailer washing facility in the "B-P" Business Park District located southwest of 3124 Titan Trail, and instruct the City Clerk to publish notice. 8. Resolution setting date of public hearing as August 7, 2023, for the sale of conveyance Page 3 of 435 of City -owned land to A&K Ventures, LLC, in the amount of $1.00, with a phased Development and Minimum Assessment Agreement in the amount of $624,125.00, for the construction of 6,500 square foot building and 6,000 square foot addition, located northeast of 3151 Titan Trail, and instruct City Clerk to publish public notice. 9. Resolution setting date of public hearing as August 7, 2023, for the sale and conveyance of City -owned right-of-way to Grant Park, LLC, in the amount of $1.00, with a Development and Minimum Assessment Agreement in the amount of $2,200,000.00, with a rebate schedule of 80 percent for years one (1) through five (5) and 70 percent for years six (6) through ten (10), located at 2775 Crossroads Boulevard, for the construction of a new 10,000 square foot commercial building, and instruct the City Clerk to publish notice. 10. Motion approving Final Quantity Summary with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of $10,507.57, in conjunction with the FY 2022 Sergeant Road Trail Bridges No. 2 and No. 3 Replacement, Contract No. 1070, and authorizing the Mayor and City Clerk to execute said document. 11. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of $338,171.77, in conjunction with the FY Sergeant Road Trail Bridges No. 2 and No. 3 Replacement, Contract No. 1070, and receive and file a two-year maintenance bond. 12. Motion approving Final Quantity Summary with Aspro, Inc., of Waterloo, Iowa, for a net decrease of $233,835.49, in conjunction with the FY 2022 Street Reconstruction Program, Contract No. 1057, and authorizing the Mayor and City Clerk to execute said document. 13. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Aspro, Inc., of Waterloo, Iowa, in the amount of $4,326,130.56, in conjunction with the FY 2022 Street Reconstruction Program, Contract No. 1057, and receive and file a two-year maintenance bond. 14. LeKeisha Veasley Board/Commission: Planning, Programming and Zoning Commission Expiration Date: 7/17/2026 New 15. Motion approving appointment of Joshua Wilson from the current Civil Service List, to the position of Facilities Service Specialist at Cultural & Arts Department, effective July 18, 2023. 16. Cigarette/Tobacco Permit New Application for BP Fuel, 127 Jefferson Street, (7/1/2023 - 6/30/2024). 17. Cigarette/Tobacco Permit New Application for King Star, 2035 E. Mitchell Avenue (7/1/2023 - 6/30/2024). 18. Bonds. 19. Liquor Licenses Page 4 of 435 a. Flirt's Gentlemen's Club, 319 Jefferson St., Class C Alcohol w/Sunday Sales, Renewal - Exp: 6/10/2024. PUBLIC HEARINGS 1. Not to Exceed $4,045,000.00 Sewer Revenue Capital Loan Notes (State of Iowa Revolving Fund Loan). 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 instituting proceedings to take additional action for the authorization of a loan and disbursement agreement and the issuance of not to exceed $4,045,000.00 Sewer Revenue Capital Loan Notes. Submitted by: Bridgett Wood, Finance Manager 2. FY2024 One Year Annual Action Plan for CDBG and HOME funds for the Waterloo/Cedar Falls HOME Consortium. 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 Waterloo Community Development Board. Resolution approving proposed funding recommendations set forth by the Community Development Board for the FY 2024 One -Year Action Plan for CDBG and HOME Program Funds for the Waterloo/Cedar Falls Home Consortium. Submitted by: Rudy Jones, Community Development Director 3. Request by Hurst and Sons Contractors, LLC to rezone 0.46 acres from "M-1" Light Industrial District and "R-2" One and Two Family Residence District to "M-1" Light Industrial District at 622 Ansborough Avenue. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the public 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 amendment to Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving the request by Hurst and Sons Contractors, LLC to rezone 0.46 acres from "M-1" Light Industrial District and "R-2" One and Two Family Residence District to "M-1" Light Industrial District at 622 Ansborough Avenue. 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 4. Request by E. Castro Roofing and Siding, LLC, for a Site Plan Amendment and change in conditions to allow for a contractor's business with outside storage that will be screened from view in the "R-4,C-Z" Conditional Zoning District located at Page 5 of 435 42 Franklin Street. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close public 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 amendment to Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a request by E. Castro Roofing and Siding, LLC, for a Site Plan Amendment and change in conditions to allow for a contractor's business with outside storage that will be screened from view in the "R-4,C-Z" Conditional Zoning District located at 42 Franklin Street. 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 5. Request by Ridgeway Heights LLC, dba San Marnan Heights Senior Living, to rezone 4.6 acres from "R-4,R-P" Planned Multiple Residence District and "B-P" Business Park District to "R-4,R-P" Planned Multiple Residence District to allow for the construction of a 110-unit senior housing complex located east of 815 Tower Park Drive. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the 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 amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a Request by Ridgeway Heights LLC, dba San Marnan Heights Senior Living, to rezone 4.6 acres from "R-4,R-P" Planned Multiple Residence District and "B-P" Business Park District to "R-4,R-P" Planned Multiple Residence District to allow for the construction of a 110-unit senior housing complex located east of 815 Tower Park Drive. 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 6. Sale and conveyance of City -owned property in the amount of $1.00, located at the southeast corner of Leversee Road and Hyper Drive, for the construction of a 50,000 square foot warehouse, including a Development Agreement and Minimum Assessment Agreement with 3 Stooges, LLC with a minimum assessed value of $1,450,000.00 and tax rebates of five (5) years at 50 percent, rescinding Resolution No. 2023-247 and Resolution No. 2023-248 in their entirety, and authorizing the Mayor and City Clerk to execute said documents. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving the sale and conveyance of city -owned property located at the southeast corner of Leversee Road and Hyper Drive to 3 Stooges, LLC, in the amount of $1.00, and authorizing the Mayor and City Clerk to execute said documents, and Page 6 of 435 rescinding Resolution No. 2023-247. Resolution approving a Development and Minimum Assessment Agreement with 3 Stooges, LLC, for the construction of a new 50,000 square foot warehouse, with a minimum assessed value of $1,450,00.00, and tax rebates of five (5) years at fifty percent, and authorizing the Mayor and City Clerk to execute said document, and rescinding Resolution No. 2023-248. Submitted by: Noel Anderson, Community Planning and Development Director 7. 2023 Final Clarifier No. 3 Rehabilitation Project, Contract No. 1067. Motion to receive and file proof of publication of 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., and authorizing to proceed. Motion to receive, file, and instruct the City Clerk to read the bids. Resolution approving award of bid to WRH of South Amana, Iowa in the amount of $842,000.00, approving the contract, bonds, and certificate of insurance, in conjunction with the 2023 Final Clarifier No. 3 Rehabilitation Project, Contract No. 1067, and authorizing the Mayor to execute said documents. Submitted by: Randy Bennett, Public Works Division Manager RESOLUTIONS 1. Resolution approving a Real Estate Purchase Agreement and approving deed to donate real property to the City of Waterloo, to re -acquire property from Ascension Lutheran Church that was previously sold by the City of Waterloo, in the amount of $0.00, located at 2211 Maynard Avenue, and authorizing the Mayor and City Clerk to execute said purchase agreement. Submitted by: Noel Anderson, Community Planning and Development Director 2. Resolution approving a Real Estate Purchase Agreement with A -Line Ventures, LC, and approving a deed to sell real property to the City of Waterloo in the amount of $7,000.00, located at 200 East Mullan Avenue, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 3. Resolution approving an Early Access Agreement with C and C Welding, Inc., to allow development activities, including earth moving and construction of a foundation on the city -owned right-of-way, adjacent to 1714 River Street, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director CLOSED SESSION 1. Closed session to discuss litigation with counsel, pursuant to Iowa Code Section 21.5(1)(C). Page 7 of 435 ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 8 of 435 July 3, 2023 The City Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 PM, on Monday, July 3, 2023. Roll Call. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Nichols, Creighton -Smith, Chiles, Grieder, and Feuss. Wilder entered the meeting at 5:35 p.m. Prayer or Moment of Silence. Pledge of Allegiance: Nia Wilder, Ward 3 Council member. Approval of Agenda. Feuss/Nichols that the agenda, as amended, with the removal of resolution item number 10 and resolution item number 11, be approved. Voice vote: Ayes: Seven. Motion carried. Approval of Minutes of June 20, 2023 Regular Session, and the June 29, 2023 Special Session, as proposed. Feuss/Nichols that the minutes of June 20, 2023, Regular Session, as proposed, be approved. Voice vote - Ayes: Seven. Motion carried. PUBLIC COMMENTS Jessica Rucker, Main Street Waterloo, thanked city departments and staff for their assistance with the Mayor's Fireworks Event on Saturday. Dwayne Eilers, 1205 Bishop, commented that he received correspondence in the mail from Code Enforcement stating that he needs to cut back bushes. He stated that Code Enforcement sends him lying letters and they have nothing to do but to harass him and other landlords. Dan Decker, 1537 Newell, commented that he wants to address the issue of truck traffic on Newell Street. He shared that the road was not made to have heavy trucks on it and it is destroying the road. Calvin Sayers, Jr., 1556 Newell Street, commented that the issue of trucks on Newell Street has been an ongoing issue. There are not sidewalks on this street and there is no enforcement on this issue. He added that the truck traffic is messing up the streets. Larry Stumme, 1008 Lois Lane, shared comments on the many disparities listed in the 24/7 Wall Street report between whites and blacks in Waterloo. He added that recent Supreme Court Rulings have made this worse. Page 1 of 10 Page 9 of 435 Lawrence Blackwell, 5125 Millenium Drive, commented on the many disparities listed in the 24/7 Wall Street report between whites and blacks in Waterloo. Mr. Grieder commented that the last public forum of the Waterloo Safe Neighborhoods will be held on July 5th at 6:00 p.m. Mr. Nichols commented that he had the opportunity to take his children to the theme park lit up this weekend. He shared that this Friday and Saturday would be the Summer Soul Classic Festival and shared details about the event. Ms.Creighton-Smith commented that she has had discussions with Mayor and residents regarding issues with Newell Street and would like to see something done. She further shared that she met a tourist who brought her family to Waterloo for a vacation from Tennessee. She shared that they went to the theme parks but that Waterloo really needed to do something about Crossroads Mall. Mr. Chiles left the room at 5:55 p.m. Mr. Boesen publicly apologized for comments he made regarding Mr. Dunn, Human Resource Director, at the June 5th council meeting. Feuss/Creighton-Smith to close public comments. Voice vote -Ayes: Six. Motion carried. CONSENT AGENDA Feuss/Wilder that the following items on the consent agenda be received and placed on file including the payment of bills for June 26, 2023, in the amount of $2,292,832.45,and July 3, 2023, in the amount of $3,504,964.50. Voice vote -Ayes: Six. Motion carried. Bills Paymen Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. Resolution adopted and upon approval by Mayor assigned No. 2023-403. Resolution setting date of public hearing as July 17, 2023, on the authorization of a loan and disbursement agreement and the issuance of not to exceed $4,045,000.00 Sewer Revenue Capital Loan Notes, and direct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-404. Resolution setting date of public hearing as July 17, 2023, to approve the request by Hurst and Sons Contractors, LLC, to rezone 0.46 acres from "M-1" Light Industrial District and "R-2" One and Two Family Residence District to "M-1" Light Industrial District at 622 Ansborough Avenue, and direct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-405. Resolution setting date of public hearing as July 17, 2023, to approve a Site Plan Amendment request by E. Castro Roofing and Siding, LLC, for a Site Plan Amendment and change in Page 2 of 10 Page 10 of 435 conditions to allow for a contractor's business with outside storage that will be screened from view in the "R-4,C-Z" Conditional Zoning District located at 42 Franklin Street, and direct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-406. Resolution setting date of public hearing as July 17, 2023, to approve the request by Ridgeway Heights LLC, dba San Marnan Heights Senior Living, to rezone 4.6 acres from "R-4,R-P" Planned Multiple Residence District and "B-P" Business Park District to "R-4,R-P" Planned Multiple Residence District to allow for the construction of a 110-unit senior housing complex located east of 815 Tower Park Drive, and direct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-407. Resolution setting date of public hearing as July 17, 2023, for the sale and conveyance of City - owned property in the amount of $1.00, located at the southeast corner of Leversee Road and Hyper Drive, for the construction of a 50,000 square foot warehouse, including a Development Agreement and Minimum Assessment Agreement with 3 Stooges, LLC with a minimum assessed value of $1,450,000.00 and tax rebates of 5 years at 50%, and rescinding Resolutions 2023-247 and 2023-248 in their entirety, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-408. Resolution setting date of public hearing as July 17, 2023, to review the proposed funding recommendations for the FY2024 Annual Action Plan for CDBG and HOME program funds for the Waterloo/Cedar Falls Consortium set forth by the Community Development Board, and direct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-409. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as July 27, 2023, and date of public hearing as August 7, 2023, in conjunction with the FY 2024 W. Airline Hwy. Railroad Crossing Repairs, Contract No. 1090, and direct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-410. Resolution approving an amendment to the conflict waiver with Ahlers and Cooney, P.C., for a cooperation agreement for the Waterloo Telecommunications Utility Board and the City of Waterloo for the FTTP and City backbone project, and authorizing the Board Chair and Board Secretary to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2023-411. Resolution accepting a Federal Aviation Administration Grant No: 3-19-0094-0056 in the amount of $1,936,017.00, for the Phase 2 Pavement Reconstruction of Taxiway Alpha West at the Waterloo Regional Airport, and authorizing the Mayor and City Attorney to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2023-412. Resolution approving award of the 2023 Equipment and Services RFP to ePlus Technology, Page 3 of 10 Page 11 of 435 Inc., of Herndon, Virginia, and authorizing the Mayor and City Clerk to execute necessary documents. Resolution adopted and upon approval by Mayor assigned No. 2023-413. Resolution approving the request to seek proposals for a comprehensive downtown parking study. Resolution adopted and upon approval by Mayor assigned No. 2023-414. Motion to accept and place on file the arbitrage results reflecting that no payment is due to the Internal Revenue Service for the General Obligation Bonds Series 2018A. Motion to approve, receive and keep on file, amendments made to the Constitution and By - Laws of the Memorial Hall Commission. Motion to receive and file Leisure Services Commission Board minutes of May 9, 2023. Motion to receive and file Leisure Services Commission Board minutes of May 26, 2023. Motion to receive and file Leisure Services Commission Board minutes of May 23, 2023. Sherman Wise Board/Commission: Experience Waterloo, Expiration Date: July 3, 2026 (Renewal) Tom Powers Board/Commission: Experience Waterloo, Expiration Date: July 3, 2026 (Renewal) Motion approving appointment of Bridgett Wood to the position of Finance Director in the Finance Department, effective July 4, 2023. Motion approving appointment of Pamela Patrou to the position of Part -Time Receptionist in the Housing Authority Department, effective July 6, 2023. Motion approving appointment of Shannon Steimel from the current Civil Service List to the position of Clerk II in the Code Enforcement Department, effective July 4, 2023. Page 4 of 10 Page 12 of 435 Communication from the Fire Department on the notice of the conclusion of employment of Ben Lowe, Paramedic, effective 6/9/2023 with recommendation of approval of payout of $5,766.28 for unused benefits. Liquor Licenses a. Broadway Liquor, 821 Broadway St., Class E Alcohol w/Sunday Sales, Renewal - Exp: 6/10/2024. b. Casey's General Store #2867, 2424 Ranchero Rd., Class E Alcohol w/Sunday Sales, Renewal - Exp: 6/14/2024. c. Highway 63 Diner, 3030 Marnie Rd., Class C Alcohol w/Sunday Sales, Renewal - Exp: 6/29/2024. d. Kwik Star #715, 1636 W. 4th St., Class B Alcohol w/Sunday Sales, New - Exp: 7/29/2024. e. Light House Lounge, 1307 W. 5th St., Class C Alcohol w/Sunday Sales, Renewal - Exp: 6/28/2024. f. Metro Mart #1, 3201 W. 4th St., Class B Alcohol w/Sunday Sales, New - Exp: 6/30/2024. g. Placita, 321 W. 4th St., Class B Alcohol w/Sunday Sales, New - Exp: 6/13/2024. h. West 5th Mart, 919 W. 5th St., Class E Alcohol w/Sunday Sales, New - Exp: 6/18/2024. Bonds. PUBLIC HEARINGS Request by NADROJ Reality, LLC, for a Site Plan Amendment to allow for construction of multiple contractor suites totaling 57,600 square feet plus a 40 foot x 60 foot 2,400 square foot covered loading dock in the "M-2,P" Planned Industrial District located at the southeast corner of Leversee Road and Warp Drive. Grieder/Nichols to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Six. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Grieder/Nichols to close hearing and receive and file a recommendation of approval of the Planning, Programming, and Zoning Commission. Voice vote -Ayes: Six. Motion carried. Page 5 of 10 Page 13 of 435 Grieder/Nichols to receive, file, consider, and pass for the first time an ordinance amendment to Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a Site Plan Amendment request by NADROJ Reality, LLC, for a Site Plan Amendment to allow for the construction of multiple contractor suites totaling 57,600 square feet plus a 40 foot by 60 foot, 2,400 square foot covered loading dock in the "M-2,P" Planned Industrial District located at the southeast corner of Leversee Road and Warp Drive. Roll Call vote -Ayes: Seven. Motion carried. Grieder/Nichols to suspend the rules. Roll Call vote -Ayes: Six. Motion carried. Grieder/Nichols to consider and pass for the second and third times and adopt said ordinance. Roll Call vote - Ayes: Six. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5707. FY23 Sidewalk Infill, Ramp and Trail - Zone 3, Cont. No. 1079. Nichols/Wilder to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Six. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. David Dryer, 3145 W. 4th Street, questioned the breakdown between the sidewalk, infill, ramps, and trails. Jamie Knutson, City Engineer, shared that he would email the breakdown to Mr. Dryer. Nichols/Wilder to close the hearing and receive and file oral comments. Voice vote -Ayes: Seven. Motion carried. Nichols/Wilder Resolution confirming approval of specifications, bid documents, form of contract, etc., and authorizing to proceed. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-415. Nichols/Wilder to receive, file, and instruct the City Clerk to read the bids. Voice vote -Ayes: Six. Motion carried. Bid Tab: FY 2024 Sidewalk Infill, Sidewalk Ramp & Trail Repair Program - Zone 3 Engineer's Estimate: Base Bid: $277,679.84 Alternate: $44,532.20 Total Base Bid & Alternate: $322,212.04 Bidder Bid Bid Amount Security Page 6 of 10 Page 14 of 435 Brock Even 5% Construction, LLC Jesup, IA Midwest Concrete, Inc. Peosta, IA 5% Total Bid Div I Total Bid Div 2: Total Bid Div 3: Total Bid Div 4: Total Bid Div 1 Alternate: Total Bid Div 1,2,3 & 4: Total Bid Div 1 Alternate: Total Bid Div I Total Bid Div 2: Total Bid Div 3: Total Bid Div 4: Total Bid Div.1 Alternate: Total Bid Div 1,2,3 & 4: Total Bid Div 1 Alternate: $42,553.15 $89,058.86 $9,894.83 $29,113.60 $27,694.61 $170,620.44 $27,694.61 $54,666.61 $85,915.70 $16,520.19 $38,510.11 $35,452.64 $195,912.64 $231,065.26 Nichols/Wilder Resolution approving award of bid to Brock Even Construction, LLC of Jesup, Iowa, in the amount of $198,315.05, approving the contract, bonds, and certificate of insurance, in conjunction with the FY 2024 Sidewalk Infill, Sidewalk Ramp and Trail Repair Program - Zone 3, Contract No. 1079, and authorizing the Mayor and City Clerk to execute said documents. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-416. RESOLUTIONS Resolution approving the amendment to the current Consolidated Public Safety Communications 28E Agreement and authorizing the Mayor to execute said document. Boesen/Wilder Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-417. Mr. Chiles returned to the meeting at 6:10 p.m. Resolution approving a Development Agreement and Minimum Assessment Agreement with Drew Reg Investments, LLC, for the construction of a new commercial building with a tax rebate schedule of 60 percent for years one thru five with a minimum assessment agreement of Page 7 of 10 Page 15 of 435 $595,460.00, for property located at 2920 Janet Drive, and authorizing the Mayor and City Clerk to execute said documents. Boesen/Wilder Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-418. Resolution approving FY 2024 and FY 2025 Professional Services Agreement with Grow Cedar Valley, in the amount of $30,625.00, with $80,750.00 in potential incentive funds annually, and authorizing the Mayor and City Clerk to execute said documents. Boesen/Wilder Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-419. David Dryer, 3145 W. 4th Street, questioned the amount of monies spent on a number of entities who are seemingly working on the same projects. Mayor Hart commented on the work that Vandewall and Associates, Main Street Waterloo and Grow Cedar Valley each do for downtown Waterloo. Ms. Creighton -Smith questioned if there was a way to make it easier to see what these organizations are doing to help the community and questioned if there is information on the website or if there is a place to refer constituents to in order to bring the information to them. Mayor Hart shared he could speak with the Communications Director to further elevate the work they are doing in the community. Mr. Boesen thanked staff for their work on the 28E Agreement. Resolution approving a Professional Service Agreement with Invision of Waterloo, Iowa, in the amount of $13,000.00 in conjunction with the First Floor Police Department Public Access/Mayor Office Remodel, and authorizing the Mayor to execute said document. Nichols/Chiles Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-420. Resolution approving a Professional Services Agreement with Vandewalle and Associates, in the amount of $72,000.00, for continued work on downtown Waterloo planning efforts, redevelopment design, riverfront development, and funding opportunities for FY 2024, and authorizing the Mayor and City Clerk to execute said documents. Nichols/Chiles Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-421. Mr. Chiles questioned if there are any funding opportunities that Vandewalle and Associates has been able to provide to the community. Mayor Hart provided an overview of funding they have helped to bring in for projects. Page 8 of 10 Page 16 of 435 Resolution approving a Temporary Construction Easement Agreement with Black Hawk Street Investments, LLC, in conjunction with the 11th Street Bridge Reconstruction Project, located at 1314 Black Hawk Street, and authorizing the Mayor and City Clerk to execute said document. Nichols/Chiles Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-422. Mr. Boesen requested an update on the timeline for the project since it has run over what was written in the Development Agreement. Noel Anderson, Community Planning and Development Director, explained that staff had spoken with the developer and were informed that he had lost the original tenant the rehab was intended for. They are now having difficulty finding a new tenant while construction is ongoing on the bridge. Jamie Knutson, City Engineer, provided an update on the 11th Street Bridge and Park Avenue Bridge projects. Mayor Hart questioned what the timeframes are for completion. Jamie Knutson commented that they should be done with Park Avenue in Spring 2024 and 11th Street in the fall of 2024. Resolution approving an agreement with Pro -West & Associates, in an amount not to exceed $1,597.27, to provide updates to the existing Sidewalk Inspector Solution, and authorizing the Mayor to execute said document. Nichols/Creighton-Smith Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-423. Resolution approving an Amendment to the Development Agreement with 5 Bees, LLC, originally executed July 13, 2020, adjusting the square footage of the buildings constructed, timeline of completion and consenting to the sale of property outlined in phase II, for properties located in the 1800 block of Black Hawk Street, and authorizing the Mayor and City Clerk to execute said document. Nichols/Creighton-Smith Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-424. Resolution approving a Development Agreement and Minimum Assessment Agreement with JSLK Holdings, LLC, for the construction of a new 6,903 square foot professional office building with a tax rebate schedule of 95 percent for years one thru four and 90 percent for years five through eleven, with a minimum assessment agreement of $1,314,770.00, for property located east of 4020 Bankers Boulevard within the San Marnan Urban Renewal and Redevelopment Plan area, and authorizing the Mayor and City Clerk to execute said documents. Nichols/Creighton-Smith Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-425. Page 9 of 10 Page 17 of 435 David Dryer, 3145 W. 4th Street, commented that he looked at the development agreement for item number 8 and questioned how it compares to the development agreement in item number 9. Noel Anderson, Community Planning and Development Director, provided an overview of both development agreements. Mr. Boesen requested a work session on development agreements in the future as they are all different and would like to see any incentives based on employment and bringing people to live, work and play in the community. Mayor Hart commented that staff will work on a way to hold a work session while also maintaining a competitive edge. ADJOURNMENT Feuss/Chiles that the Council adjourn at 6:31 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 10 of 10 Page 18 of 435 CITY OF WATER1.00, IOWA PROCLAMATION WHEREAS, service in the Iowa National Guard has been a selfless and noble calling for generations of Iowans, dating back to the Civil War; and WHEREAS, the 133d Infantry Regiment, a part of the 34th Infantry Division, has continuously operated in Northeast Iowa since July 1 lth, 1921; and WHEREAS, the 1st Battalion of the 133d Infantry Regiment is proudly known as the Ironman Battalion, a distinction earned during World War II for its record 611 consecutive days in combat, and then re -affirmed during its nearly 22-month mobilization in support of Operation Iraqi Freedom from 2005 to 2007; and WHEREAS, the National Guard's federal mission is to provide properly trained and equipped units for prompt mobilization for war, National emergency or as otherwise needed, and its state mission is to provide trained and disciplined forces for domestic emergencies or as otherwise provided by state law; and WHEREAS, more than 550+ Northeast Iowans have volunteered for service in the Iowa National Guard and drill monthly at readiness centers in Waterloo, Dubuque, Davenport, Oelwein, Iowa City, Iowa Falls, and Charles City; and WHEREAS, community support is vital for the success of the Ironman Battalion's mission, as well as for the morale and well-being of our loved ones, neighbors, and co- workers serving in the National Guard, and their families back home. NOW, THEREFORE, I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim July 14, 2023, as 1-133D INFANTRY REGIMENT - IRONMAN BATTALION DAY in the City of Waterloo and we do hereby encourage residents to seek out ways to support our Northeast Iowa National Guardsmen and their families as they serve their country in uniformed service. IN WITNESS IVIIEREOF I have here unto set my hand and caused the official seal of the City of Waterloo, Iowa to be affixed this 17th day of July 2023. ATTEST: Kelley Felch City Clerk Quentin Hart Mayor Page 19 of 435 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE July 17, 2023 AGENDA ITEM TITLE Resolution approving the request of Wallace Investment Group, LLC, for a waiver for a concrete driveway, located at 1012-1014 Fletcher Avenue and 1018-1020 Fletcher Avenue, with the elimination of the sidewalk section due to inability to meet grade requirements. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway at 1012 - 1014 and 1018 - 1020 Fletcher Avenue. I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. NEIGHBORHOOD IMPACT This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Page 20 of 435 ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 21 of 435 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE July 17, 2023 AGENDA ITEM TITLE Resolution approving the request of Roberta Slick for a waiver for a concrete driveway, located at 918 Burbank Avenue, with the elimination of the sidewalk section due to inability to meet grade requirements. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway at 918 Burbank Avenue. I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. NEIGHBORHOOD IMPACT This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Page 22 of 435 ALTERNATIVE ACTION LEGAL DESCRIPTION Crestview Subdivision Lot 36 ATTACHMENTS 1. DW Waiver 918 Burbank Ave Page 23 of 435 WAIVER Date; !a ` lv - PZ 3 Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: Y-* 5AL eY -r 7� a� ¶�-d4 f b J �'� v - I hereby request a waiver to the drivew y and sidewalk specifications for the construction of a �C��:r� driveway or sidewalk located at concre or asphalt) brAyibk (Address) This Waiver is needed because of: special surface texture to be used an the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick), elimination of the sidewalk section due to the inability to meat the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a drivewayj_or sidewalk on City right-of-way on an unimproved street. �,_ Oth,Or: Prow-!, 2Wn '<<Mi`l, , 4cx.c.-`7 (`�puC�I �c� .� 1-64. %;100,&, 1 !}11 ecutce (} ,+ S. uk (� ���' ,(� lyec-5 •p `{'r ��i Pe-v� ram; �fiK4e' llrl '4Ce S(`c--•-)1(— agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter Is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, �ot)i4 Si;k ($13c4 &LinPrinted Name of Propertyner Signature of Property Owner CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Sanitation Department MEETING DATE July 17, 2023 AGENDA ITEM TITLE Resolution authorizing an exception to the purchasing policy for the purchase of a used, demonstration, Sanitation Truck, for the Public Works Sanitation Department, in the amount of $349,500.00. RECOMMENDED COUNCIL ACTION Approve purchase. SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. New Sanitation Truck $349k July 2023 Page 25 of 435 Page 26 of 435 EQUIPMENT CO. 3100 West 76th Street Davenport, IA 52806 Ph: 563-391-4840 4000 SE Beisser Drive Grimes, IA 50111 Ph: 515-986-4840 Fx: 515-986-9530 Elliott Sanitation Equip. Co. 1245 Dawes Avenue Lincoln, NE 68521 Ph: 402-474-4840 14001 Botts Rd. Grandview, MO 64030 Ph: 816-761-4840 City of Waterloo Sanitation Department 625 Glenwood St Waterloo, IA 50703 4400E 60th Ave Commerce City, CO 80022 Ph: 303-853-4840 Here is our quotation on the goods named, subject to the conditions noted: Quote Date Quote # 6/15/2023 19120 Proposed Shipping Date July 2023 Terms Due on receipt Rep JJK CONDITIONS: The prices and terms on this quotation are not subject to verbal changes or other agreements unless approved in writing by the Home Office of the Seller. Prices are based on costs and conditions existing on date of quotation and are subject to change by the Seller before final acceptance. All quotations and agreements are contingent upon strikes, accidents, fires, availability of materials and all other causes beyond our control. Typographical and stenographic errors subject to correction. Purchaser agrees to accept either overage or shortage not in excess of ten percent to be charged for pro-rata. Purchaser assumes liability for patent and copyright infringement when goods are made to Purchaser's specifications. When quotation specifies material to be furnished by the purchaser, ample allowance must be made for reasonable spoilage and material must be of suitable quality to facilitate efficient production.Quoted Prices are good for 60 days. Conditions not specifically stated herein shall be governed by established trade customs. Terms inconsistent with those stated herein which may appear on Purchaser's formal order will not be binding on the Seller. TERMS: Equipment is due on receipt. Carts, Containers, Parts & service are Net 30 unless otherwise noted on your account. Balances over 30 days from the date of invoice are subject to finance charges up to 1.5%per month. Qty Item Description Price Total 1 11555E 2024 Peterbilt 520, Paccar PX-9 380 HP diesel, Allison 356,500.00 356,500.00 4500RDS automatic, tandem axle chassis with New Way Sidewinder 31 cu yd automated side loader, frame mounted arm with 1,0001b capacity and 12' reach, triple camera system with 7" color monitor, hopper floor and side liner, front cylinder splash shield, cleanout chute extension on both sides, hydraulic hopper cover, hopper access ladder, broom/shovel rack, mid body backup lights, LED work lights one in the hopper and one facing arm, integrated strobe lights in the upper tailgate, lower tailgate, and front bulkhead of packer, remote grease zerks for upper tailgate and cylinder hinge pins, remote grease for packer and body lift pins, arm control rocker switches under seat, standard one year warranty on body and 2 year warranty on cylinders. Includes 5 year extended warranty on the Engine and Aftertreatment system. VIN: 3BPDLJ0X9RF115299 SN 24891A Discount Demo unit discount -7,000.00 -7,000.00 Total $349,500.00 TO CONFIRM ORDER, SIGN AND RETURN X Page 27 of 435 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE David Eckert July 17, 2023 Library Department AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as August 3, 2023, and date of public hearing as August 7, 2023, in conjunction with the Waterloo Public Library 2023 Interior Renovation Project, Contract No. 28439, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 28 of 435 None Page 29 of 435 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE July 17, 2023 AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as July 27, 2023, and date of public hearing as August 7, 2023, in conjunction with Asbestos Abatement Services, Contract No. AB-2023-07-02P, for property located at 212 Sunnyside Avenue and 1318 Martin Road, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The properties in question were acquired by the City (one through Iowa Code 657A one by purchase agreement), and are being abated of asbestos in preparation of demolition. NEIGHBORHOOD IMPACT The action is in preparation of demolition, which will remove a blighted building in the primarily residential neighborhood. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Estimate: $10,000. To be paid from Nuisance Abatement bonds and/or TIF funds. ALTERNATIVE ACTION LEGAL DESCRIPTION Page 30 of 435 ATTACHMENTS 1 RFB Asbestos Abatement Services Contract AB-2023-07-02P 2. Exhibit B Survey Reports 3. Exhibit C Asbestos Abatement Services Contract AB-2023-07-02P 4. Notice Asbestos Abatement Services Contract AB-2023-07-02P Page 31 of 435 CITY OF WATERLOO, IOWA T�=! ..... s_ r� 0 0 Request for Bid ASBESTOS ABATEMENT SERVICES July 2023 RFB Asbestos Abatement Services Contract AB-2023-07-02P 212 Sunnyside Avenue and 1318 Martin Road City of Waterloo, Iowa Prepared by the City of Waterloo Planning and Zoning Department Aric Schroeder -Project Manager Page 32 of 435 SECTION I NOTICE OF REQUEST FOR BID 1.0 Receipt and Opening of Bid The City of Waterloo is seeking sealed bids for asbestos abatement services Contract AB- 2023-07-02P — 212 Sunnyside Avenue and 1318 Martin Road. All bids must be received in a sealed envelope in the City Clerk's Office, Waterloo City Hall, 715 Mulberry Street, Waterloo, IA 50703 (date and time stamped) by Thursday July 27, 2023 at 1:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry Street, Waterloo, Iowa. Bids sent electronically or via facsimile will not be accepted. The mailing container should be marked as noted below, and include the name of the company submitting the bid. 1.1 RFB Timeline Name of the Bid: Notice of RFB Date: Mandatory Walk Thru: Deadline for Bid Submittal: Submit Sealed Bid to: Method of Submittal: Contact Person, Title: E-mail Address: Phone: Asbestos Abatement Services Contract AB-2023-07-02P July 6, 2023 There will not be a mandatory walk thru. Bidders are advised/encouraged to make their own inspections prior to bid submittal. See Section 4.5 for additional details. Thursday July 27, 2023 at 1:00 p.m., Central Time Address exactly as stated: SEALED RFB FOR ASBESTOS ABATEMENT SERVICES CONTRACT AB-2023-07-02P City of Waterloo City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Aric Schroeder, City Planner/Project Manager (City's Representative) aric.schroederwaterloo-ia.orq Phone: 319-291-4366 1.2 The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any Bidder. The City reserves the right to defer acceptance of any bid for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving bids. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals will be retained in the RFB RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2023-07-02P: 212 Sunnyside Avenue and 1318 Martin Road Page 2 of 10 Page 33 of 435 file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. 1.4 Bids will be opened on Thursday July 27, 2023, at 1:00 pm (our clock) Central Time in the second floor Council Chambers and will be streamed live on the City of Waterloo's YouTube Channel. The main purpose of this opening is to reveal the name(s) of the Bidder(s), not to serve as a forum for determining the award. The awarding of the contract could be as early as the City Council meeting on Monday August 7, 2023 at 5:30 p.m. Proposals will be evaluated promptly after opening. After an award is made, a proposal summary will be sent to all companies who submitted a proposal. Proposal results will not be given over the telephone. Proposals may be withdrawn anytime prior to the scheduled closing time for receipt of proposals; no proposal may be modified or withdrawn for a period of sixty (60) calendar days thereafter. SECTION II INSTRUCTIONS TO BIDDERS 2.0 The Bid shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFB and agree to all terms and conditions, except as provided in paragraph 2.4 below. The City of Waterloo reserves the right to reject any or all bids, and to accept in whole or in part, the bid, which, in the judgment of the proposal evaluators, is the most responsive and responsible bid. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage is required. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. The Contractor shall provide certificate of insurance having the City of Waterloo as additional insured. 2.2 A bid guarantee from each Bidder equivalent to five percent (5%) of the bid price is required. The bid guarantee shall consist of a firm commitment, such as a bid bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Bidder will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.3 This Request for Bid does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of bids, or costs incurred in making necessary studies for the preparation of bids. 2.4 Important Exceptions to Contract Documents - The Bidder shall clearly state in the submitted bid any exceptions to, or deviations from, the minimum bid requirements, and any exceptions to the terms and conditions of this RFB. Such exceptions or deviations will be considered in evaluating the bids. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFB may cause their bid to be rejected. No additional exceptions shall be allowed after submittal of a bid. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFB, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2023-07-02P: 212 Sunnyside Avenue and 1318 Martin Road Page 3 of 10 Page 34 of 435 SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for approximately two (2) months anticipated to begin August 7, 2023, to October 6, 2023. 3.0.2 The City and the Contractor may renew the original Contract for one (1) week time periods by mutual agreement. Two (2) week's notice must be given to renew the Contract for additional increments. 3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance and bond requirements have been met. Each section contained herein, any addenda and the response (Bid) from the successful bidder, and all exhibits to the RFB shall also be incorporated by reference into the resulting Contract. 3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.5 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Bidder will be required to enter into a written contract with the City that is substantially in the form attached hereto as Exhibit "C". 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2023-07-02P: 212 Sunnyside Avenue and 1318 Martin Road Page 4 of 10 Page 35 of 435 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Invoices for services authorized under this Contract shall be submitted as "lump sum" after services are delivered and accepted, although the city may, at the city's sole option, provide partial payment for partial work completed. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred, and be submitted to the City with supporting documentation by e-mail or US mail to: Attn: City of Waterloo Planning and Zoning Department, 715 Mulberry Street, Waterloo, IA 50703. 3.2.3 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.4 All work is to be done in strict compliance with this RFB. The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking proposals for asbestos abatement services for: 212 Sunnyside Avenue and 1318 Martin Road. 4.1 Scope of Work The City of Waterloo is seeking a qualified asbestos abatement contractor to remove asbestos containing material (ACM). Bidder shall be responsible to familiarize itself with the specifications included in this RFB and to make a personal examination of the job site(s) and the physical conditions that may affect its bidding and performance under the Contract. The services to be performed under this Contract shall consist of the following: RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2023-07-02P: 212 Sunnyside Avenue and 1318 Martin Road Page 5 of 10 Page 36 of 435 4.1.1 All services must be performed in accordance with all applicable codes and ordinances of the City of Waterloo, Iowa, accepted professional standards and best practices, as well as all applicable Federal and State regulations, including but not limited to asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants (NESHAP), as well as applicable State regulations of the Iowa Department of Natural Resources. The Contractor shall hold and maintain an asbestos permit issued by the Iowa Division of Labor, and all personnel who perform work on the Project shall hold and maintain an Iowa asbestos license issued by the Iowa Division of Labor. 4.1.2 Remove ACM as identified in the asbestos surveys included as Exhibit "B". 4.1.3 Document amounts of ACM removed from each structure. 4.1.4 Document ACM disposal at the Black Hawk County landfill through the use of landfill tickets and provide copies to the project manager. 4.1.5 At the request of the City given with reasonable advance notice, attend meetings of the City relative to the work set forth in this Agreement. 4.1.6 Provide other services as requested by the City as may be necessary to implement the asbestos abatement project. 4.2 Silence of Specifications — Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Proposal. 4.3 Due to project requirements, the contractor that conducted asbestos surveys is not eligible to perform asbestos abatement on the same properties, and therefore is not eligible to bid on this RFB. 4.4 The Contractor shall complete the Project in an expeditious manner and shall commence work within ten (10) days after being notified by the City with a Notice to Proceed on any given property or properties. All work shall be completed and necessary reports and documentation provided within the Contract Term (anticipated to be September 15). If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. 4.5 A mandatory walkthrough will not be required, but bidders are advised/encouraged to make their own inspections prior to bid submittal. The Planning Department is not in possession of a key to the properties. The properties are partially boarded up and may require a cordless drill with various bits to remove boards to provide access. Please re -install any boards you remove to attempt to maintain security. Please Note: The property at 212 Sunnyside Avenue in very poor condition, and may require careful methods (such as an extension ladder) to reach basements or upper levels. RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2023-07-02P: 212 Sunnyside Avenue and 1318 Martin Road Page 6 of 10 Page 37 of 435 SECTION V GENERAL TERMS AND CONDITIONS 1. LANGUAGE, WORDS USED INTERCHANGEABLY - The word CITY refers to the CITY OF WATERLOO, IOWA throughout these Instructions and Terms and Conditions. Similarly, PROPOSER refers to the person or company submitting an offer to sell its goods or services to the CITY, and CONTRACTOR refers to the successful bidder. 2. PROPOSER QUALIFICATIONS - No Proposal shall be accepted from, and no Contract will be awarded to, any person, firm or corporation that is in arrears to the City upon debt or Contract, that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service proposal and that they have the necessary financial resources to provide the proposed supply/service as described in this Request for Proposal. 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ OFFEROR - Any deviation from this specification MUST be noted in detail, and submitted in writing in the Proposal. Completed specifications should be attached for any substitutions offered, or when amplifications are desirable or necessary. The absence of the specification deviation statement and accompanying specifications will hold the Proposer strictly accountable to the specifications as written herein. Failure to submit this document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for delivery. If specifications or descriptive papers are submitted with Proposals, the Proposer's name should be clearly shown on each document. 4. COLLUSIVE PROPOSAL - The Proposer certifies that the proposal submitted by said Proposer is done so without any previous understanding, agreement or connection with any person, firm, or corporation making a proposal for the same Contract, without prior knowledge of competitive prices, and it is, in all respects, fair, without outside control, collusion, fraud or otherwise illegal action. 5. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS - All changes in Proposal documents shall be through written addendum. Verbal information obtained otherwise will NOT be considered in awarding of Proposals. 6. PROPOSAL CHANGES - Proposals, amendments thereto, or withdrawal requests received after the time advertised for Proposal opening, will be void regardless of when they were mailed. 7. HOLD HARMLESS AGREEMENT - The Contractor agrees to protect, defend, indemnify and hold harmless the City of Waterloo, its officers and employees, their agencies and agents, from any and all claims and damages of every kind and nature made, rendered or incurred by or in behalf of every person or corporation whatsoever, including the parties hereto and their employees that may arise, occur, or grow out of any acts, actions, work or other activity done by the Contractor, its employees, subcontractors or any independent contractors working under the direction of either the Contractor or subcontractor in the performance of this Contract. 8. PROPOSAL REJECTION OR PARTIAL ACCEP- TANCE - The City reserves the right to reject any or all Proposals. The City further reserves the right to waive technicalities and formalities in Proposals, as well as to accept in whole or in part such Proposals where it is deemed advisable in protection of the best interests of the City. 9. PROPOSAL CURRENCY/LANGUAGE - All proposal prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the Contract regardless of the exchange rate. All proposal responses must be submitted in English. 10. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within 45 days and on receipt of an original invoice and all necessary supporting documentation. 11. MODIFICATION, ADDENDA & INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring explanation or interpretation, must be inquired into by the Proposer in writing at least 72 hours (excluding weekends and holidays) prior to the time set for the Proposal opening. Any and all such interpretations or modifications will be in the form of written addenda. All addenda shall become part of the Contract documents and shall be acknowledged and dated on the signature page. 12. LAWS AND REGULATIONS - All applicable State of Iowa and federal laws, ordinances, licenses and regulations of a governmental body having jurisdiction shall apply to the award throughout as the case may be, and are incorporated here by reference. 13. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by the City. 14. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal offers sent by electronic devices (e.g. facsimile machines) are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow adequate time for delivery of their proposal either by airfreight, postal service, or other means. 15. CANCELLATION - Either party may cancel the award in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 16. ASSIGNMENT - Proposer shall not assign this order or any monies to become due hereunder without the prior written consent of the City. Any assignment or attempt at assignment made without such consent of the City shall be void. 17. EQUAL OPPORTUNITY - The successful firm agrees not to refuse to hire, discharge, promote, demote, or to RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2023-07-02P: 212 Sunnyside Avenue and 1318 Martin Road Page 7 of 10 Page 38 of 435 otherwise discriminate in matters of compensation against any person otherwise qualified solely because of age, race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, citizenship status, disability, or veteran status. 18. TAXES - The City of Waterloo is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. 19. PROPOSAL INFORMATION IS PUBLIC — All documents submitted with any proposal and the proposal shall become public documents and subject to Iowa Code Chapter 22, which is otherwise known as the "Iowa Open Records Law". By submitting any document to the City of Waterloo in connection with a proposal, the submitting party recognized this and waives any claim against the City of Waterloo and any of its officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Waterloo and its officers and employees harmless from any claims arising from the release of any document or information made available to the City of Waterloo arising from any proposal opportunity. RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2023-07-02P: 212 Sunnyside Avenue and 1318 Martin Road Page 8 of 10 Page 39 of 435 EXHIBIT "A" SIGNATURE PAGE The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. 212 Sunnyside Avenue and 1318 Martin Road. Total "lump sum" bid: $ Total bid in written form: Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date: Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of ninety (90) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date We choose not to bid at this time but would like to be considered for future requests for bid RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2023-07-02P: 212 Sunnyside Avenue and 1318 Martin Road Page 9 of 10 Page 40 of 435 Our "not to exceed" bid price for each property is: 212 Sunnyside Avenue $ 1318 Martin Road Total $ RFB FOR ASBESTOS ABATEMENT SERVICES: Contract: AB-2023-07-02P: 212 Sunnyside Avenue and 1318 Martin Road Page 10 of 10 Page 41 of 435 HAWKEYE ENVIRONMENTAL ASBESTOS INSPECTION REPORT 212 Sunnyside Ave Waterloo, IA Ma nail � : limau1...- III Mk MU1 il MM. la IMIN__. al Impoi T 1R Project Report Dated: June 9, 2023 it o Waterlo. Page 42 of 435 HAWKEYE ENVIRONMENTAL I. CONTENTS A. ASBESTOS INSPECTION REPORT 1. LOCATION 2. CONTACT PERSONS 3. DATE OF INSPECTION 4. FIRM PERFORMING THE INSPECTION 5. BULK SAMPLE LABORATORY 6. LABORATORY ACCREDITATION B. SCOPE OF WORK / INSPECTION NOTES C. SUMMARY OF ASBESTOS MATERIALS D. BULK SAMPLE ANALYSIS / CHAIN OF CUSTODY City of Waterloo Page 43 of 435 HAWKEYE ENVIRONMENTAL A. ASBESTOS INSPECTION REPORT DATA 1. LOCATION 212 Sunnyside Ave Waterloo, Iowa 2. CLIENT CONTACT Aric Schroeder City Planner City of Waterloo, Iowa 3. DATE(s) OF INSPECTION May 30, 2023 4. FIRM PERFORMING INSPECTION Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 5. LABORATORY USED FOR BULK SAMPLE ANALYSIS Eurofins CEI 730 SE Maynard Road Cary, North Carolina, 27511 6. LABORATORY ACCREDITATION NVLAP (Nation Voluntary Laboratory Accreditation Program) Lab Code: 103025 City of Waterloo Page 44 of 435 VKEYE ENVIRONMENTAL ENVIRONMENTAL B. SCOPE OF WORK Methods and Procedures: The property located 212 Sunnyside Ave, Waterloo, Iowa was inspected prior to scheduled demolition activities which may disturb asbestos containing building materials in accordance with NESHAPS (National Emission Standards for Hazardous Air Pollutants) regulations. Field sampling methods were based on (NESHAPS) National Emission Standards for Hazardous Air Pollutants) protocols. Representative samples of suspect building materials were taken from Homogeneous Areas (HA -defined as similar in age, appearance and function). The purpose of this inspection was to identify quantities and locations of asbestos containing building materials prior to demolition of the structures. Bulk samples of suspect asbestos containing materials (ACM) were analyzed by Polarized Light Microscopy (PLM) with dispersion staining, as described in 40 CFR Part 763 and NESHAPs. Each sample was analyzed for the six different types of fibrous asbestos forms, of which a percentage, by volume, is estimated and summarized. If further analysis and quantification is warranted, this analysis is performed by EPA 600/R-93/116 with 400 or 600 Point Count Procedure. Further analysis of samples may also be performed at the client's request using Transmission Electron Microscopy (TEM). Sample analysis was performed by Eurofins CEI. Eurofins is accredited by the National Institute for Standards and Technology for Polarized Light Microscopy analysis under their NVLAP (National Voluntary Lab Accreditation Program). Asbestos Containing Building Materials (ACBM)s and their control during renovation or demolition activities is regulated in Iowa by the Iowa Department of Natural Resources. Specific questions about testing or abatement activities may be directed to Mr. Tom Wuehr, Iowa DNR - Air Quality Division. Tom.Wuehr@DNR.lowa.gov 515-494-8212 Additional forms, guidance and technical information regarding asbestos can be found on the DNR website at: http://www.iowadnr.gov/air/prof/asbestos/asbestos.html City of Waterloo Page 45 of 435 VKEYE ENVIRONMENTAL ENVIRONMENTAL INSPECTION NOTES In accordance with your request and authorization Hawkeye Environmental, LLC has performed and asbestos survey for the project referenced above. It is our understanding that the subject property will be demolished. Demolition has the potential to disturb all building materials. It is the intent of this survey to determine if any of the materials with potential for disturbance are asbestos containing. The structure is a residential property which is vacant. The property is in poor condition for its age and state of use. Roof or roofing systems were sampled and included in this report. A representative number of samples were collected from all suspect asbestos building materials. City of Waterloo Page 46 of 435 HAWKEYE ENVIRONMENTAL C. SUMMARY OF ASBESTOS BUILDING MATERIALS 212 Sunnyside Ave Surfacing Materials Material Description Location Quantity None Thermal Systems Insulation Material Description Location Quantity Duct Paper Gray Boots 4 Boots Miscellaneous Materials Material Description Location Quantity Floor Tile (no mastic) Gray Stair Landing (side entry) 35 SF Quantities supplied are estimates. Contractors must verify all material quantities, locations, and conditions. City of Waterloo Page 47 of 435 HAWKEYE ENVIRONMENTAL BULK SAMPLE ANALYSIS 212 Sunnyside Ave Waterloo, Iowa City of Waterloo Page 48 of 435 tie;% eurofins CEI June 6, 2023 Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 CLIENT PROJECT: City of Waterloo, 212 Sunnyside CEI LAB CODE: B2311825 Dear Customer: Enclosed are asbestos analysis results for PLM Bulk samples received at our laboratory on June 5, 2023. The samples were analyzed for asbestos using polarizing light microscopy (PLM) per the EPA 600 Method. Sample results containing >1 % asbestos are considered asbestos -containing materials (ACMs) per EPA regulatory requirements. The detection limit for the EPA 600 Method is <1 asbestos by weight as determined by visual estimation. Thank you for your business and we look forward to continuing good relations. Kind Regards, Tianbao Bai, Ph.D., CIH Laboratory Director NYLAp TESTING NVLAP LAB CODE 101768-0 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 49 of 435 tiff eurofins CEI ASBESTOS ANALYTICAL REPORT By: Polarized Light Microscopy Prepared for Hawkeye Environmental CLIENT PROJECT: City of Waterloo, 212 Sunnyside LAB CODE: B2311825 TEST METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 REPORT DATE: 06/06/23 TOTAL SAMPLES ANALYZED: 21 # SAMPLES >1 % ASBESTOS: 2 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 50 of 435 tiff eurofins CEI PROJECT: City of Waterloo, 212 Sunnyside Asbestos Report Summary By: POLARIZING LIGHT MICROSCOPY LAB CODE: B2311825 METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 ASBESTOS Client ID Layer Lab ID Color Sample Description 001 Layer 1 B2311825.01 Green,Black Shingle None Detected Layer 2 B2311825.01 White,Green Shingle None Detected 002 B2311825.02 Gray,Off-white Duct Paper Chrysotile 60% 003 B2311825.03 Silver,Brown Ceiling Panel None Detected 004 B2311825.04 Gray Caulking None Detected 005 B2311825.05 Off-white Glazing None Detected 006 B2311825.06 White Floor Tile None Detected 007 B2311825.07A Clear Mastic None Detected B2311825.07B Off-white,Gray Floor Tile Chrysotile 2% B2311825.07C Black Mastic None Detected 008 B2311825.08 Off-white Floor Tile None Detected 009 Layer 1 B2311825.09 Yellow Mastic None Detected Layer 2 B2311825.09 Black Tarpaper None Detected 010 B2311825.10 Cream Linoleum None Detected 011 B2311825.11 Green,Black Linoleum None Detected 012 B2311825.12 Tan Linoleum None Detected 013 B2311825.13 Off-white Insulation None Detected 014 B2311825.14 White,Brown Ceiling Tile None Detected 015 B2311825.15 White Ceiling Tile None Detected 016 B2311825.16 White Ceiling Texture None Detected 017 B2311825.17 White Ceiling Texture None Detected 018 B2311825.18 White Ceiling Texture None Detected 019 Layer 1 B2311825.19 White Plaster Skim Coat None Detected Layer 2 B2311825.19 Gray Plaster Base Coat None Detected 020 Layer 1 B2311825.20 White Plaster Skim Coat None Detected Layer 2 B2311825.20 Gray Plaster Base Coat None Detected 021 Layer 1 B2311825.21 White Plaster Skim Coat None Detected Layer 2 B2311825.21 Gray Plaster Base Coat None Detected 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 1 of 1 Page 51 of 435 tiff eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 212 Sunnyside Lab Code: B2311825 Date Received: 06-05-23 Date Analyzed: 06-06-23 Date Reported: 06-06-23 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS I Lab ID Description Attributes Fibrous Non -Fibrous 001 Layer 1 B2311825.01 Shingle Heterogeneous 45% Cellulose Green,Black Fibrous Bound 45% Tar 10% Gravel None Detected Layer 2 Shingle Heterogeneous 45% Cellulose 45% Tar B2311825.01 White,Green 10% Gravel Fibrous Bound 002 Duct Paper Heterogeneous B2311825.02 Gray,Off-white Non -fibrous Bound 40% Binder None Detected 60% Chrysotile 003 Ceiling Panel Heterogeneous 95% Cellulose B2311825.03 Silver,Brown Fibrous Bound 5% Paint None Detected 004 Caulking Heterogeneous 85% Caulk B2311825.04 Gray 5% Calc Carb Non -fibrous 10% Paint Bound None Detected 005 Glazing Heterogeneous 85% Binder B2311825.05 Off-white 10% Calc Carb Non -fibrous 5% Paint Bound None Detected 006 Floor Tile Homogeneous 100% Vinyl None Detected B2311825.06 White Non -fibrous Bound 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 1 of 5 Page 52 of 435 tiff eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 212 Sunnyside Lab Code: B2311825 Date Received: 06-05-23 Date Analyzed: 06-06-23 Date Reported: 06-06-23 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous 007 Mastic B2311825.07A Homogeneous Clear Non -fibrous Bound 100% Mastic None Detected B2311825.07B Floor Tile Homogeneous Off-white,Gray Non -fibrous Bound 98% Vinyl 2% Chrysotile B2311825.07C Mastic Heterogeneous <1% Cellulose 100% Tar Black Fibrous Bound None Detected 008 Floor Tile Homogeneous 100% Vinyl None Detected B2311825.08 Off-white Non -fibrous Bound 009 Layer 1 B2311825.09 Mastic Homogeneous 100% Mastic None Detected Yellow Non -fibrous Bound Layer 2 Tarpaper Heterogeneous 60% Cellulose 40% Tar None Detected B2311825.09 Black Fibrous Bound 010 Linoleum Heterogeneous 30% Cellulose 50% Vinyl None Detected B2311825.10 Cream 20% Fiberglass Fibrous Bound 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 2 of 5 Page 53 of 435 tiff eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 212 Sunnyside Lab Code: B2311825 Date Received: 06-05-23 Date Analyzed: 06-06-23 Date Reported: 06-06-23 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous 011 B2311825.11 Linoleum Heterogeneous 30% Cellulose Green,Black Fibrous Bound 50% Vinyl 20% Tar None Detected 012 Linoleum Heterogeneous 30% Cellulose 65% Vinyl B2311825.12 Tan 5% Synthetic Fiber Fibrous Bound None Detected 013 Insulation Heterogeneous 90% Fiberglass B2311825.13 Off-white 10% Mineral Wool Fibrous Bound None Detected 014 Ceiling Tile Heterogeneous 95% Cellulose B2311825.14 White,Brown Fibrous Bound 5% Paint None Detected 015 Ceiling Tile Heterogeneous <1% Synthetic Fiber 75% Binder B2311825.15 White 20% Perlite Fibrous 5% Paint Bound None Detected 016 Ceiling Texture Heterogeneous <1% Synthetic Fiber 75% Binder B2311825.16 White 20% Perlite Fibrous 5% Paint Bound None Detected 017 Ceiling Texture Heterogeneous <1% Synthetic Fiber 75% Binder B2311825.17 White 20% Perlite Fibrous 5% Paint Bound None Detected 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 3 of 5 Page 54 of 435 tiff eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 212 Sunnyside Lab Code: B2311825 Date Received: 06-05-23 Date Analyzed: 06-06-23 Date Reported: 06-06-23 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous 018 Ceiling Texture B2311825.18 Heterogeneous <1% Synthetic Fiber 75% Binder White 20% Perlite Fibrous 5% Paint Bound None Detected 019 Plaster Skim Coat Heterogeneous Layer 1 White B2311825.19 Non -fibrous Bound 75% Binder 20% Calc Carb 5% Paint None Detected Layer 2 Plaster Base Coat Heterogeneous <1 % Hair 65% Binder B2311825.19 Gray <1% Cellulose 35% Silicates Fibrous Bound None Detected 020 Plaster Skim Coat Heterogeneous 75% Binder Layer 1 White 20% Calc Carb B2311825.20 Non -fibrous 5% Paint Bound None Detected Layer 2 Plaster Base Coat Heterogeneous <1% Hair 65% Binder B2311825.20 Gray <1% Cellulose 35% Silicates Fibrous Bound None Detected 021 Plaster Skim Coat Heterogeneous 75% Binder Layer 1 White 20% Calc Carb B2311825.21 Non -fibrous 5% Paint Bound None Detected Layer 2 Plaster Base Coat Heterogeneous <1% Hair 65% Binder B2311825.21 Gray <1% Cellulose 35% Silicates Fibrous Bound None Detected 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 4 of 5 Page 55 of 435 tiff eurofins CEI LEGEND: Non-Anth = Non-Asbestiform Anthophyllite Non-Trem = Non-Asbestiform Tremolite Calc Carb = Calcium Carbonate METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 REPORTING LIMIT: <1 % by visual estimation REPORTING LIMIT FOR POINT COUNTS: 0.25% by 400 Points or 0.1% by 1,000 Points REGULATORY LIMIT: >1% by weight Due to the limitations of the EPA 600 method, nonfriable organically bound materials (NOBs) such as vinyl floor tiles can be difficult to analyze via polarized light microscopy (PLM). EPA recommends that all NOBs analyzed by PLM, and found not to contain asbestos, be further analyzed by Transmission Electron Microscopy (TEM). Please note that PLM analysis of dust and soil samples for asbestos is not covered under NVLAP accreditation. Estimated measurement of uncertainty is available on request. This report relates only to the samples tested or analyzed and may not be reproduced, except in full, without written approval by Eurofins CEI. Eurofins CEI makes no warranty representation regarding the accuracy of client submitted information in preparing and presenting analytical results. Interpretation of the analytical results is the sole responsibility of the client. Samples were received in acceptable condition unless otherwise noted. This report may not be used by the client to claim product endorsement by NVLAP or any other agency of the U.S. Government. Information provided by customer includes customer sample ID and sample description. ANALYST: Rosafinda Cruz Nvia,p® TESTING NVLAP LAB CODE 101768-0 APPROVED BY: i Tianbao Bai, Ph.D., CIH Laboratory Director 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 5 of 5 Page 56 of 435 � eurofins CEI 730 SE Maynard Road, Cary, NC 27511 Tel: 866-481-1412: Fax: 919-481-1442 CHAIN OF CUSTODY LAB USE ONLY: CEI Lab Code: CEI Lab I.D. Range: COMPANY INFORMATION PROJECT INFORMATION CEI CLIENT #: Job Contact: Company: Hawkeye Environmental Email / Tel: Address: 814 wood lily road, Solon, IA 52333 Project Name: C; �\f i -c \ie"4-tp, c-5. � Project ID#: .Z.- `Z- S V In✓k (!J1` Email: Cody@HawkeyeEnv.com I PO #: Tel: 319-930-8044 Fax: S STATE SAMPLES COLLECTED IN: Z KED STANDARD 3 DAY TAT APPLIES. ASBESTOS METHOD TURN AROUND TIME 4 HR 8 HR 1 2 DAY 3 DAY 5 DAY PLM BULK EPA 600 1 1 1 1 ry 1 1 1 1 1 PLM POINT COUNT (400) EPA 600 I I I I 1 l 1 1 1 1 1 PL.M POINT COUNT (1000) EPA 600 LJ El I I i 1 1 I I l 11 ( I PLM GRAV w POINT COUNT EPA 600 PLM BULK CARB 435 1 1 1 PCM AIR* NIOSH 7400 TEM AIR EPA AHERA TEM AIR NIOSH 7402 TEM AIR (PCME) ISO 10312 1 1 1 TEM AIR ASTM 6281-15 TEM BULK CHATFIELD C I I I TEM DUST WIPE ASTM 06430- )5 (2010) ( 1 I l 1 1 I 1 I I I TEM DUST MICROVAC ASTM D5755-)9 (2014) 1 l 1 I 1 1 TEM SOIL ASTM D752' -16 0 ' g� I I I I I I TEM VERMICULITE CINCINNATI METHOD 1 1 TEM QUALITATIVE IN-HOUSE METHOD OTHER: I I 1 1 1 1 1 1] 1 1 "Blanks should be taken from the same sample lot as field samples. REMARKS / SPECIAL INSTRUCTIONS: IAccept Samples I Reject Samples Relin • uished B : )ate/Time Re eived. By: Date/Time 1, 'CD ,� 1.,. 7 6 / S 9 ; 3C j Samples will be disposed of 30 days affl?r analysis 77:11 3() GC) 3213 age 1 0 Version: CCOC.01.18.1/2.LD Page 57 of 435 tiff eurofins CEI SAMPLING FORM COMPANY CONTACT INFORMATION Company: Hawkeye Environmental Job Contact: Project Name: Project IC #: Tel: SAMPLE ID# DESCRIPTION 1 LOCATION VOLUME/ AREA TEST ���� �.. �\\\ �\ (9(2\ 1-/Vk f✓ PLM TEM t 1 P Obi/ oc,r rtr PLM TEM J 1 1 1 Gr..,3 v `e:,\: nut n--) PLM TEM 1 f 1 I 0411\ e&,r'eN ...b \,.i‘r-)uw t trtA PLM TEM 1 1 1 0A WtY-)o,a n\,v,L. PLM TEM 1 1 1 eio` on l , \\t (_'',._3 1n PLM TEM 1 1 1 1 DO-1 Y,i.V, `. L --\--- PLM TEM 1 I 1 i CO S\uur ..\e. ( \;AVV � PLM TEM 1 1 1 1 OnA hrtt`5V' t. --1-- PLM TEM 1 1 1 f Ok0 \', r,o\Lvv� L�\e.-L\.. VUP) PLM TEM 1 1 1 1 d� \ er�vL�- ,. - �o 4- PLM TEM I I 6\1, t' mil. \.uA...? PLM TEM ( I 1 I 0\'I \AOWti 1r.'SJ\tr' \(to PLM TEM 1 1 1 I 0\' \.\ t.c.,\il,t V, Q., \-t)Q c\urr.) PLM TEM 1 1 1 1 01,; ., .. s, \y'\ r\) PLM TEM 1 j 1 D\ 7 f t‘k \ 1 r� \-L �i- AL- 1 PLM TEM ( 1 1 1 On,. .rt- / PLM TEM I I I I d 1b •1. PLM TEM 1 1 1 1 01^ kG`D�tt•C PLM TEM 1 1 1 Otib ,, PLM TEM 1 I 1 1 01A .,,` PLM TEM 1 1 1 J '8.3 PLM TEM 1 1 1 1 PLM TEM 1 1 PLM TEM 1 1 I PLM TEM 1 I 1 f PLM TEM 1 J 1 I PLM TEM 1 1 1 I PLM TEM 1 j 1 1 Page of Version: CCOC.01.18.2/2.LD Page 58 of 435 CHAWKEYE .----ENIN,11=11:=1MIIVIENITAI- ASBESTOS INSPECTION REPORT 1318 Martin Rd Waterloo, IA Project Report Dated: June 9, 2023 it o Water o. Page 59 of 435 HAWKEYE ENVIRONMENTAL I. CONTENTS A. ASBESTOS INSPECTION REPORT 1. LOCATION 2. CONTACT PERSONS 3. DATE OF INSPECTION 4. FIRM PERFORMING THE INSPECTION 5. BULK SAMPLE LABORATORY 6. LABORATORY ACCREDITATION B. SCOPE OF WORK / INSPECTION NOTES C. SUMMARY OF ASBESTOS MATERIALS D. BULK SAMPLE ANALYSIS / CHAIN OF CUSTODY City of Waterloo Page 60 of 435 HAWKEYE ENVIRONMENTAL A. ASBESTOS INSPECTION REPORT DATA 1. LOCATION 1318 Martin Rd Waterloo, Iowa 2. CLIENT CONTACT Aric Schroeder City Planner City of Waterloo, Iowa 3. DATE(s) OF INSPECTION May 30, 2023 4. FIRM PERFORMING INSPECTION Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 5. LABORATORY USED FOR BULK SAMPLE ANALYSIS Eurofins CEI 730 SE Maynard Road Cary, North Carolina, 27511 6. LABORATORY ACCREDITATION NVLAP (Nation Voluntary Laboratory Accreditation Program) Lab Code: 103025 City of Waterloo Page 61 of 435 VKEYE ENVIRONMENTAL ENVIRONMENTAL B. SCOPE OF WORK Methods and Procedures: The property located 1318 Martin Rd, Waterloo, Iowa was inspected prior to scheduled demolition activities which may disturb asbestos containing building materials in accordance with NESHAPS (National Emission Standards for Hazardous Air Pollutants) regulations. Field sampling methods were based on (NESHAPS) National Emission Standards for Hazardous Air Pollutants) protocols. Representative samples of suspect building materials were taken from Homogeneous Areas (HA -defined as similar in age, appearance and function). The purpose of this inspection was to identify quantities and locations of asbestos containing building materials prior to demolition of the structures. Bulk samples of suspect asbestos containing materials (ACM) were analyzed by Polarized Light Microscopy (PLM) with dispersion staining, as described in 40 CFR Part 763 and NESHAPs. Each sample was analyzed for the six different types of fibrous asbestos forms, of which a percentage, by volume, is estimated and summarized. If further analysis and quantification is warranted, this analysis is performed by EPA 600/R-93/116 with 400 or 600 Point Count Procedure. Further analysis of samples may also be performed at the client's request using Transmission Electron Microscopy (TEM). Sample analysis was performed by Eurofins CEI. Eurofins is accredited by the National Institute for Standards and Technology for Polarized Light Microscopy analysis under their NVLAP (National Voluntary Lab Accreditation Program). Asbestos Containing Building Materials (ACBM)s and their control during renovation or demolition activities is regulated in Iowa by the Iowa Department of Natural Resources. Specific questions about testing or abatement activities may be directed to Mr. Tom Wuehr, Iowa DNR - Air Quality Division. Tom.Wuehr@DNR.lowa.gov 515-494-8212 Additional forms, guidance and technical information regarding asbestos can be found on the DNR website at: http://www.iowadnr.gov/air/prof/asbestos/asbestos.html City of Waterloo Page 62 of 435 VKEYE ENVIRONMENTAL ENVIRONMENTAL INSPECTION NOTES In accordance with your request and authorization Hawkeye Environmental, LLC has performed and asbestos survey for the project referenced above. It is our understanding that the subject property will be demolished. Demolition has the potential to disturb all building materials. It is the intent of this survey to determine if any of the materials with potential for disturbance are asbestos containing. The structure is a residential property which is vacant. The property is in average condition for its age and state of use. Roof or roofing systems were sampled and included in this report. A representative number of samples were collected from all suspect asbestos building materials. City of Waterloo Page 63 of 435 HAWKEYE ENVIRONMENTAL C. SUMMARY OF ASBESTOS BUILDING MATERIALS 1318 Martin Rd Surfacing Materials Material Description Location Quantity None Thermal Systems Insulation Material Description Location Quantity Duct Paper Gray Basement (runs to 2nd floor) Cold air returns 140 SF Miscellaneous Materials Material Description Location Quantity Cement Siding Green/Gray Exterior 2650 SF 9" Floor Tile (no mastic) Gray 2nd floor bedroom 200 SF Materials Containing <1% Asbestos Material Description Location Quantity Window Caulking Gray Exterior Quantities supplied are estimates. Contractors must verify all material quantities, locations, and conditions. * Materials which contain less than 1% asbestos are not considered "asbestos containing materials" per Iowa DNR and EPA regulations. However, OSHA considers materials with any asbestos content to be a potential hazard. Contractors shall be required to comply with all OSHA regulations regarding removal of materials or demolition of structures with materials containing less than 1% asbestos. City of Waterloo Page 64 of 435 HAWKEYE ENVIRONMENTAL BULK SAMPLE ANALYSIS 1318 Martin Rd Waterloo, Iowa City of Waterloo Page 65 of 435 tie;% eurofins CEI June 6, 2023 Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 CLIENT PROJECT: City of Waterloo, 1318 Martin CEI LAB CODE: B2311824 Dear Customer: Enclosed are asbestos analysis results for PLM Bulk samples received at our laboratory on June 5, 2023. The samples were analyzed for asbestos using polarizing light microscopy (PLM) per the EPA 600 Method. Sample results containing >1 % asbestos are considered asbestos -containing materials (ACMs) per EPA regulatory requirements. The detection limit for the EPA 600 Method is <1 asbestos by weight as determined by visual estimation. Thank you for your business and we look forward to continuing good relations. Kind Regards, Tianbao Bai, Ph.D., CIH Laboratory Director NYLAp TESTING NVLAP LAB CODE 101768-0 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 66 of 435 tiff eurofins CEI ASBESTOS ANALYTICAL REPORT By: Polarized Light Microscopy Prepared for Hawkeye Environmental CLIENT PROJECT: City of Waterloo, 1318 Martin LAB CODE: B2311824 TEST METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 REPORT DATE: 06/06/23 TOTAL SAMPLES ANALYZED: 24 # SAMPLES >1 % ASBESTOS: 3 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 67 of 435 tiff eurofins CEI PROJECT: City of Waterloo, 1318 Martin Asbestos Report Summary By: POLARIZING LIGHT MICROSCOPY LAB CODE: B2311824 METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 ASBESTOS Client ID Layer Lab ID Color Sample Description 001 B2311824.01 Gray Cement Siding Chrysotile 15% 002 B2311824.02 Black Vapor Barrier None Detected 003 B2311824.03 Black Vapor Barrier None Detected 004 B2311824.04 Gray,Off-white Duct Paper Chrysotile 65% 005 B2311824.05 Gray Floor Tile Chrysotile 3% 006 B2311824.06 Brown Mastic None Detected 007 B2311824.07 Green,Black Shingle None Detected 008 B2311824.08 Green,Black Shingle None Detected 009 B2311824.09 Green,Black Shingle None Detected 010 Layer 1 B2311824.10 Clear Caulking None Detected Layer 2 B2311824.10 Gray Caulking Chrysotile <1% 011 B2311824.11 Off-white Glazing None Detected 012 B2311824.12A Cream Floor Tile None Detected B2311824.12B Clear Mastic None Detected 013 B2311824.13A Cream Sheet Flooring None Detected B2311824.13B Brown Mastic None Detected 014 B2311824.14A Cream Sheet Flooring None Detected B2311824.14B Brown Mastic None Detected 015 B2311824.15A Brown Sheet Flooring None Detected B2311824.15B Red Mastic None Detected 016 B2311824.16 Gray Plaster None Detected 017 B2311824.17 Gray Plaster None Detected 018 B2311824.18 Gray Plaster None Detected 019 B2311824.19 White Drywall None Detected 020 B2311824.20 White Drywall None Detected 021 B2311824.21 Off-white,Tan Ceiling Tile None Detected 022 B2311824.22 White,Brown Ceiling Tile None Detected 023 B2311824.23 White Insulation None Detected 024 B2311824.24A Yellow Carpet Mastic None Detected B2311824.24B Cream Sheet Flooring None Detected 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 1 of 1 Page 68 of 435 tiff eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 1318 Martin Lab Code: B2311824 Date Received: 06-05-23 Date Analyzed: 06-06-23 Date Reported: 06-06-23 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous 001 Cement Siding Heterogeneous 85% Binder B2311824.01 Gray <1% Paint Non -fibrous Bound 15% Chrysotile 002 Vapor Barrier Heterogeneous 60% Cellulose 40% Binder B2311824.02 Black Fibrous Bound None Detected 003 Vapor Barrier Heterogeneous 60% Cellulose 40% Binder None Detected B2311824.03 Black Fibrous Bound 004 Duct Paper Homogeneous B2311824.04 Gray,Off-white Non -fibrous Bound 35% Binder 65% Chrysotile 005 Floor Tile Homogeneous B2311824.05 Gray Non -fibrous Bound 97% Vinyl 3% Chrysotile 006 Mastic Homogeneous B2311824.06 Brown Non -fibrous Bound 100% Mastic None Detected 007 Shingle Heterogeneous 45% Cellulose 45% Tar B2311824.07 Green,Black 10% Gravel Fibrous Bound None Detected 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 1 of 6 Page 69 of 435 tiff eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 1318 Martin Lab Code: B2311824 Date Received: 06-05-23 Date Analyzed: 06-06-23 Date Reported: 06-06-23 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous 008 Shingle B2311824.08 Heterogeneous 45% Cellulose Green,Black Fibrous Bound 45% Tar 10% Gravel None Detected 009 Shingle Heterogeneous 45% Cellulose 45% Tar B2311824.09 Green,Black 10% Gravel Fibrous Bound None Detected 010 Layer 1 B2311824.10 Caulking Heterogeneous 90% Caulk Clear 10% Paint Non -fibrous Bound None Detected Layer 2 Caulking Heterogeneous 85% Caulk B2311824.10 Gray 10% Calc Carb Non -fibrous 5% Paint Bound <1 % Chrysotile 011 Glazing Heterogeneous 90% Binder B2311824.11 Off-white 10% Calc Carb Non -fibrous Bound None Detected 012 Floor Tile Homogeneous 100% Vinyl None Detected B2311824.12A Cream Non -fibrous Bound B2311824.12B Mastic Homogeneous 100% Mastic None Detected Clear Non -fibrous Bound 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 2 of 6 Page 70 of 435 tiff eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 1318 Martin Lab Code: B2311824 Date Received: 06-05-23 Date Analyzed: 06-06-23 Date Reported: 06-06-23 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous 013 Sheet Flooring B2311824.13A Heterogeneous 30% Cellulose Cream Fibrous Bound 50% Vinyl 20% Tar None Detected B2311824.13B Mastic Heterogeneous <1% Cellulose 100% Mastic None Detected Brown Fibrous Bound 014 Sheet Flooring Heterogeneous 30% Cellulose 50% Vinyl B2311824.14A Cream 20% Tar Fibrous Bound None Detected B2311824.146 Mastic Heterogeneous <1% Cellulose 100% Mastic None Detected Brown Fibrous Bound 015 Sheet Flooring Heterogeneous 30% Cellulose 50% Vinyl B2311824.15A Brown 20% Tar Fibrous Bound None Detected B2311824.15B Mastic Heterogeneous 5% Cellulose 95% Mastic None Detected Red Fibrous Bound 016 Plaster Heterogeneous <1% Hair 55% Binder B2311824.16 Gray 40% Silicates Fibrous 5% Paint Bound None Detected 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 3 of 6 Page 71 of 435 tiff eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 1318 Martin Lab Code: B2311824 Date Received: 06-05-23 Date Analyzed: 06-06-23 Date Reported: 06-06-23 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous 017 Plaster B2311824.17 Heterogeneous <1% Hair Gray <1% Cellulose Fibrous Bound 55% Binder 40% Silicates 5% Paint None Detected 018 Plaster Heterogeneous <1% Hair 55% Binder B2311824.18 Gray <1% Cellulose 40% Silicates Fibrous 5% Paint Bound None Detected 019 Drywall Heterogeneous 20% Cellulose 80% Gypsum None Detected B2311824.19 White Fibrous Bound 020 Drywall Heterogeneous 20% Cellulose 80% Gypsum None Detected B2311824.20 White Fibrous Bound 021 Ceiling Tile Heterogeneous 95% Cellulose B2311824.21 Off-white,Tan Fibrous Bound 5% Paint None Detected 022 Ceiling Tile Heterogeneous 95% Cellulose 5% Paint None Detected B2311824.22 White,Brown Fibrous Bound 023 Insulation Heterogeneous 100% Fiberglass B2311824.23 White <1% Cellulose Fibrous Bound None Detected 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 4 of 6 Page 72 of 435 tiff eurofins CEI ASBESTOS BULK ANALYSIS By: POLARIZING LIGHT MICROSCOPY Client: Hawkeye Environmental 814 Wood Lily Road Solon, IA 52333 Project: City of Waterloo, 1318 Martin Lab Code: B2311824 Date Received: 06-05-23 Date Analyzed: 06-06-23 Date Reported: 06-06-23 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous 024 Carpet Mastic B2311824.24A Heterogeneous <1% Synthetic Fiber 90% Mastic Yellow 10% Binder Fibrous Bound None Detected B2311824.24B Sheet Flooring Heterogeneous 25% Cellulose 70% Vinyl Cream 5% Synthetic Fiber Fibrous Bound None Detected 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 5 of 6 Page 73 of 435 tiff eurofins CEI LEGEND: Non-Anth = Non-Asbestiform Anthophyllite Non-Trem = Non-Asbestiform Tremolite Calc Carb = Calcium Carbonate METHOD: EPA 600 / R93 / 116 and EPA 600 / M4-82 / 020 REPORTING LIMIT: <1 % by visual estimation REPORTING LIMIT FOR POINT COUNTS: 0.25% by 400 Points or 0.1% by 1,000 Points REGULATORY LIMIT: >1% by weight Due to the limitations of the EPA 600 method, nonfriable organically bound materials (NOBs) such as vinyl floor tiles can be difficult to analyze via polarized light microscopy (PLM). EPA recommends that all NOBs analyzed by PLM, and found not to contain asbestos, be further analyzed by Transmission Electron Microscopy (TEM). Please note that PLM analysis of dust and soil samples for asbestos is not covered under NVLAP accreditation. Estimated measurement of uncertainty is available on request. This report relates only to the samples tested or analyzed and may not be reproduced, except in full, without written approval by Eurofins CEI. Eurofins CEI makes no warranty representation regarding the accuracy of client submitted information in preparing and presenting analytical results. Interpretation of the analytical results is the sole responsibility of the client. Samples were received in acceptable condition unless otherwise noted. This report may not be used by the client to claim product endorsement by NVLAP or any other agency of the U.S. Government. Information provided by customer includes customer sample ID and sample description. ANALYST: Rosafinda Cruz Nvia,p® TESTING NVLAP LAB CODE 101768-0 APPROVED BY: i Tianbao Bai, Ph.D., CIH Laboratory Director 730 SE Maynard Road • Cary, NC 27511 • 919.481.1413 Page 6 of 6 Page 74 of 435 ;;•ti eurofins CEP 730 SE Maynard Road, Cary, NC 27511 Tel: 866-481-1412; Fax: 919-481-1442 CHAIN OF CUSTODY LAB USE ONLY: CEI Lab Code: sibil COMPANY INFORMATION PROJECT INFORMATION CEI CLIENT #: Job Contact: Company: Hawkeye Environmental Email / Tel: Address: 814 wood lily road, Solon, IA 52333 Project Name: C i {., a-\ hirr.A-cam �.v-e, II Project ID#: \3 18" tke,r4 Email: Cody@HawkeyeEnv.com PO #: Tel: 319-930-8044 Fax: STATE SAMPLES COLLECTED IN: ! A — IF TAT IS NOT MARKED STANDARD 3 DAY TAT APPLIES. ASBESTOS / METHOD TURN AROUND TIME 4 HR 8 HR 1 DAY 2 DAY 3 DAY 3 DAY PLM BULK EPA600 I I 1 7 1 11 1 1 PLM POINT COUNT (400) EPA 600 I I 1 1 I 1 1 1 I 1 1 PLM POINT COUNT (1000) EPA 600 I I 1 I 1 1 1 1 1 1 1 PLM GRAY w POINT COUNT EPA 600 1 U U 1_ 1 1 1 PLM BULK GARB 435 1 1 1 1 PCM AIR' NIOSH 7400 n ( I l 1 1 1 I I 1 1 TEM AIR EPA AHERA C I I ( l I TEM AIR NIOSH 7402 I I 1 1 1 1 1 1 TEM AIR (PCME) ISO 10312 1 1 1 1 1 1 I I I I TEM AIR ASTM 6281-1E 1 I I I 1 1 l 1 11 TEM BULK TEM DUST WIPE CHATFIELD 1 I C I 1 1 ( I 1 ASTM D6480-05 (2010) l 1 1 1 i t 11 I 11 TEM DUST MICROVAC ASTM D5755-09 (2014) 1 11 1 I 1 TEM SOIL ASTM D7521-' 6 �%%ji % l 1 1 1 1 1 1 1 TEM VERMICULITE CINCINNATI METHOD i// TEM QUALITATIVE IN-HOUSE METHOD 44 A ,, ir,` 11 1 I ( I 1 1 OTHER: I I I I I I 1 1 I l 1 1 `Blanks should be taken from the same sample lot as field sai nples. REMARKS / SPECIAL INSTRUCTION SIF : Accept Samples I I Reject Samples Relinquished By: Da teTime Re eived By: Date/Time �[.n.,� - ) .117. V ,) 6(s � �(') Samples will be disposed of 30 days after,mnalysis Page 1 of 7 ; 3 4W) Version: CCOC.01.18.1/2.LD Page 75 of 435 eurofins CEI SAMPLING FORM COMPANY CONTACT INFORMATION�����\�... Company: Hawkeye Environmental Job Contact: Project Name: Project ID #: Tel: SAMPLE ID# DESCRIPTION t LOCATION VOLUME! AREA '.%\ c' 4J\Jyk S v,n- PLM TEM 1 1 1 ?. Uc lc� �r-f Jae-r- PLM TEM ( ( 1 (.-0 5 - L', (0 - r.-r- ‘.,-)-t->c: CK s i d el) PLM TEM I 1 1 I co-�Uc�\ .,.r- PLM 1 1 TEM CO') 1.' �11'.2a--3 PLM TEM 1 1 1 �l �6 rvvU�.,S ..,1 c- C ' Lov r PLM TEM 1 1 C) 07 5\c‘ „--,A z_, (,—(:,-1_,,, PLM 1 1 TEM ( J Or) k, ,�\0--1._e'k PLM 1 1 TEM 00("% ' cic ) PLM ( I TEM I I O 10 vi\A. c.kkAte,k PLM 1 1 TEM 1 U \ r G\ vti. 1... PLMI I TEM I I 0 1 L �oor V,\t. \ \pu.A PLM 1 1 TEM 1 I I V T `,�e,tk k ,o / (,z"' JJJ ) w/Nh PLM 1 1 TEM 1 I C) i`A t%. 0 \ `? PLM 1 TEM 1 I 013 5 tfr c'`vUr L 04- ) PLM 1 I TEM 1 I O 11.0A c� SAct - PLM 1 1 TEM 1 0 1i l k,. PLM 1 1 TEM 1 J 0 1 K , 1 PLM 1 1 TEM 1 J PLM 1 1 TEM 1 lb PLM 1 ( TEM 1 I ()IA`�` `‘( L U`; �n \;E- ( l�k PLM 1 I TEM I I C,�'L C.-L. 3 PLM 1 j TEM 1 I �-j ` `r V-.(31 `,Y`L� PLM 1 j TEM 1 1 DV\ Co-f've.\- lrn A"L- t1l kVtS/Wk) PLM 1 1 TEM 1 I PLM 1 1 TEM 1 I PLM 1 1 TEM 1 I PLM 1 I TEM 1 I PLM 1 1 TEM 1 i Page of Version: CCOC.01.18.2/2.LD Page 76 of 435 EXHIBIT "C" ASBESTOS ABATEMENT SERVICES CONTRACT #AB-2023-07-02P 212 Sunnyside Avenue and 1318 Martin Road This Contract for Asbestos Abatement Services (the "Contract") is entered into as of August 7, 2023, by and between the City of Waterloo, Iowa ("City") and . In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For the period of August 7, 2023 thru October 6, 2023, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all tools, labor and materials, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. By executing this Contract, Contractor certifies that it holds an asbestos permit issued by the Iowa Division of Labor and that all personnel who perform work on the project will have an asbestos license issued by the Iowa Division of Labor. Contractor agrees that such permit and licenses will be maintained during the term of this Contract. Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in the Contractor's RFB response. Contractor's request for payment for services authorized under this Contract shall be submitted in accordance with the Contract Documents and will be paid within forty-five (45) days after receipt of an original invoice and after such services are delivered and accepted and all necessary supporting documentation is submitted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for asbestos removal and disposal, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work in accordance with the plans and specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Bid b. Addenda (if any) c. Response (Proposal) from the Contractor In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed $ as provided in the Bid Tabulation that is part of Contractor's RFB Response referenced in Section 2.c above, except by written amendment as provided herein. 3. Approval; Timing of Work. Contractor shall not begin work until after the Contract has been approved by the City Council and the Contractor has been issued a Notice to Page 77 of 435 Proceed. The work shall commence within ten (10) days after the City has issued a Notice to Proceed with respect to any particular property or set of properties, and all work shall be completed and delivered within the term of the Contract. 4. Performance Bond. Not required for this Contract. 4.1 Payment Bond. Not required for this Contract. 5. Reporting; Records. Contractor shall exercise best efforts to maintain communication with City personnel whose involvement in the project is necessary or advisable for successful and timely completion of the work of the project. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. Contractor shall maintain all project records for a minimum period of three (3) years after the date of final payment for services rendered under this Contract. During the term of this Contract and for the ensuing record -retention period, Contractor shall make any or all project records available upon reasonable request, and in any event within two (2) business days of request, to City, and any other agency of state or federal government. For purposes of this section, "records" means any and all books, documents, papers and records of any type or nature that are directly pertinent to this Contract. Contractor agrees to furnish, upon termination of this Contract and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Contractor pursuant to this Contract, without cost and without restrictions or limitation as to the use relative to specific projects covered under this Contract. In such event, the Contractor shall not be liable for the City's use of such documents on other projects. 6. Reserved. 7. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 8. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: 2 Page 78 of 435 a. by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; c. declare a default of this Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 9. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 10. Non -Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 11. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 12. Anti -Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti -discrimination laws 3 Page 79 of 435 of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. 13. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 14. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Asbestos Abatement Services as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR By: Quentin Hart, Mayor Authorized Representative Attest: Kelly Felchle, City Clerk 4 Page 80 of 435 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, For Asbestos Abatement Services, Contract AB-2023-07-02P for property located at 212 Sunnyside Avenue and 1318 Martin Road RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at City Hall, 715 Mulberry Street, Waterloo, Iowa, no later than 1:00 p.m., Thursday, July 27, 2023, for Asbestos Abatement Services, Contract AB-2023-07-02P, for property located at 212 Sunnyside Avenue and 1318 Martin Road, 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 Harold E. Getty Council Chambers in City Hall of said City, on the 27th day of July, 2023 at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. The bid opening will be livestreamed on YouTube and made available on the city website. PUBLIC HEARING A public hearing will be held on the 7th day of August, 2023 at 5:30 p.m. in the Council Chambers in the City Hall in the City of Waterloo, Iowa, on the proposed plans, specifications, and form of contract, for Asbestos Abatement Services, Contract AB-2023-07-02P, for property located at 212 Sunnyside Avenue and 1318 Martin Road. The proposed plans, specifications, and form of contract for said project 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 set forth above. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall, Waterloo, Iowa, before the date set for said hearing. SCOPE OF WORK A. All services must be performed in accordance with all applicable codes and ordinances of the City of Waterloo, Iowa, accepted professional standards and best practices, as well as all applicable Federal and State regulations, including but not limited to asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants (NESHAP), as well as applicable State regulations of the Iowa Department of Natural Resources. The Contractor shall hold and maintain an asbestos permit issued by the Iowa Division of Labor, and all personnel who perform work on the Project shall hold and maintain an Iowa asbestos license issued by the Iowa Division of Labor. B. Remove ACM as identified in the asbestos surveys included as Exhibit "B". C. Document amounts of ACM removed from each structure. D. Document ACM disposal at the Black Hawk County landfill through the use of landfill tickets and provide copies to the project manager. Page 81 of 435 E. At the request of the City given with reasonable advance notice, attend meetings of the City relative to the work set forth in this Agreement. F. Provide other services as requested by the City as may be necessary to implement the asbestos abatement project. 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 17th day of July, 2023. Kelley Felchle, City Clerk CITY OF WATERLOO, IOWA Page 82 of 435 CITY OF d ,ATERLOO COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE July 17, 2023 AGENDA ITEM TITLE Resolution setting date of public hearing as August 7, 2023, to approve a request by Freedom Truck and Trailer Wash, LLC, for a Site Plan Amendment for a truck and trailer washing facility in the "B-P" Business Park District located southwest of 3124 Titan Trail, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting to construct a truck and trailer wash in Greenbelt Centre south of the new Warren Trucking facility. The site plan shows a main building which will have steel siding, one overhead door on both the east and west side of the building to allow access for trucks to the truck wash, one overhead door and loading dock on the east side and an overhead door on the west side of the building without a loading dock. An access door and window will be located on the west side of the property. The site plan shows 5 personal vehicle parking spaces, with one being a handicapped stall on the west side of the building. The City of Waterloo Complete Streets Advisory Committee is recommending that a sidewalk be required along the east side of Greyhound Drive, with hopes that it could eventually connect pedestrian traffic with the Loves Travel Center to the south. Planning is reviewing this issue, given that the sidewalk was not required as part of the plat approval and Greyhound Drive has ditch drainage. The request will go before the Planning and Zoning Commission at their regular meeting on July 11th. Their recommendation will be reported at the Council meeting. NEIGHBORHOOD IMPACT The request to construct the truck and trailer would not appear to have a negative impact upon the surrounding area as it would appear to be compatible with other trucking -related activities in the area. DATA, ANALYSIS, AND STRATEGIES Page 83 of 435 IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS A public hearing will be held by the Planning, Programming, and Zoning Commission on 7/11/23 and notice was sent to property owners within 250 feet. SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Greenbelt Centre Plat No. 8 Lots 6 and 7 except the south 60'. ATTACHMENTS 1. Council Packet Page 84 of 435 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: SURROUNDING LAND USES AND IMPACT ON NEIGHBORHOOD: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS/ SCREENING/ LANDSCAPING REQUIRED: July 11, 2023 Request by Freedom Truck and Trailer Wash, LLC for a Site Plan Amendment for a truck and trailer washing facility in the "B-P" Business Park District located southwest of 3124 Titan Trail. Freedom Truck and Trailer Wash, LLC, 3033 290th Street, Fredericksburg, IA 50630. The applicant is requesting to construct a truck and trailer wash in Greenbelt Centre south of the new Warren Trucking facility. The request to construct the truck and trailer would not appear to have a negative impact upon the surrounding area as it would appear to be compatible with other trucking -related activities in the area. The proposed site plan amendment would not appear to have a negative impact on vehicular or pedestrian traffic conditions in the area. The site is served by Cyclone Drive and Greyhound Drive, which are classified as Local streets, with Greyhound Drive connecting to West Ridgeway Avenue, which is a Minor Arterial, and Sergeant Road/US Highway 63, which is a Principal Arterial. There are no trails or sidewalks in the immediate project area, but a sidewalk is required on the north side of Cyclone Drive, and a trail is located on the west side of US Highway 63 0.25 miles to the east. The City of Waterloo Complete Streets Advisory Committee is recommending that a sidewalk be required along the east side of Greyhound Drive, with hopes that it could eventually connect pedestrian traffic with the Loves Travel Center to the south. The area in question has been zoned "B-P" Business Park District since March 3, 2008, when the land was rezoned from "M-2,P" Planned Industrial District. Surrounding land uses and their zoning designations are as follows: North — Vacant land and new Warren Truck Facility, zoned "B- P" Business Park District. South — Vacant land and Loves Fuel Facility, zoned "B-P" Business Park District. East — Detention Pond and Titan Trail zoned "B-P" Planned Industrial District. West — Vacant land zoned "B-P" Business Park District and "M-2,P" Planned Industrial District. No screening is required in relation to this request. SPA -Truck and Trailer Wash Page 1 of 5 Page 85 of 435 DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: July 11, 2023 It will be necessary that a SWPPP plan and storm water detention plan be submitted to the Engineering Department for review and approval. The proposed request would not appear to have a negative impact upon drainage in the area if proper storm water detention techniques are put in place. The Warren Trucking Facility was completed in 2022, and the Loves Fueling Facility was completed in 2017 The property is located in the 100-year flood plain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0284F, dated July 18, 2011 and all buildings will need to be built one foot above the base flood elevation. No schools are located within the vicinity of the site. The Leonard Katoski Greenbelt is located to the west. There is an 8" Sanitary Sewer Line located in Cyclone Drive, a 10" Sanitary Sewer line located in Greyhound Drive, and a 24" Storm Sewer located in Cyclone Drive. The Future Land Use Map designates this area as Industrial. The proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. The applicant is requesting to build a truck and trailer wash at the corner of Cyclone Drive and Greyhound Drive. The proposed facility will be located across Cyclone Drive from the recently completed Warren Trucking facility. The site plan shows a main building that will have steel siding, one overhead door on both the east and west side of the building to allow access for trucks to the truck wash, one overhead door and loading dock on the east side, and an overhead door on the west side of the building without a loading dock. An access door and window will be located on the west side of the property. The site plan shows 5 personal vehicle parking spaces, with one being a handicapped stall on the west side of the building. In addition to the truck washing area, there will also be a mechanical room, restroom, and office. The City of Waterloo Complete Streets Advisory Committee is recommending that a sidewalk be required along the east side of Greyhound Drive, with hopes that it could eventually connect pedestrian traffic with the Loves Travel Center to the south. SPA -Truck and Trailer Wash Page 2 of 5 Page 86 of 435 July 11, 2023 Picture 1: Looking southeast from the corner of Greyhound Drive and Cyclone Drive. Picture 2: Looking southwest across Cyclone Drive from the Warren facility. SPA -Truck and Trailer Wash Page 3 of 5 Page 87 of 435 July 11, 2023 Picture 3: Looking south toward the Loves facility. Picture 4: Recently opened Warren facility. SPA -Truck and Trailer Wash Page 4 of 5 Page 88 of 435 July 11, 2023 STAFF ANALYSIS — SUBDIVISION ORDINANCE: TECHNICAL REVIEW COMMITTEE STAFF RECOMMENDATION: The applicants are not planning to subdivide the property. Therefore, staff recommends that the request by Freedom Truck and Trailer Wash, LLC for a Site Plan Amendment for a truck washing facility in the "B-P" Business Park District located southwest of 3124 Titan Trail. be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would appear not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area. And with the following conditions(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, setbacks, etc. SPA -Truck and Trailer Wash Page 5 of 5 Page 89 of 435 City of Waterloo Planning, Programming and Zoning Commission July 11, 2023 M-2,P w w Q A-1 RANCHERO RO M-1 i 1 1 1 1 1 1 1 A-1 W'RIDGEWAYAVE K LINE DR C-2 B-P A`41N R-3,R=PL A-1 M-1 —JANE ST— R-2, C-Z—R TS R-3,C-Z R-4 07177 R-4 M-1^Quo PINE VIEW PL J R-4 Ate``\ c. A -R1 R-3 4<' zC z \ �5 a z 'C' - z N .V\I -\ 74 z - W-SAN MARNAN.DR R"3 R-4,C-Z R-1 R-4, R-P South of 3124 Titan Trail Site Plan Amendment to "B-P" Freedom Truck And Trailer Wash City of Waterloo Planning, Programming and Zoning Commission July 11, 2023 South of 3124 Titan Trail Site Plan Amendment to "B-P" Freedom Truck and Trailer Wash Pnnr ill of 4Z N is. of WATT ♦ e ��o�U8���~�U��rU�� ^e �wmw~ PROPERTY ADVISORS SITE PLAN PROPOSED GREYHOUND TRUCK WASH SITE DESCRIPTION PAGsx Page 92 of 435 \1:�//// Valbridge ;t{{;.� PROPERTY ADVISORS Improvements Description PROPOSED GREYHOUND TRUCK WASH IMPROVEMENTS DESCRIPTION Improvement Characteristics Property Type: Property Subtype: Investment Class: Number of Buildings: Number of Stories Construction Class: Construction Quality: Gross Building Area (GBA): Net Rentable Area (NRA): Tunnel Length: Ratios & Parking Land -to -Building Ratio: Floor Area Ratio (FAR): Parking Spaces: Parking Ratio: Age / Life Year Built: Condition: Actual Age: Effective Age: Remaining Economic Life: Structural Characteristics Foundation: Building Frame: Exterior Walls: Roof Type / Material: Mechanical Systems Electrical: Plumbing: Heating: Air Conditioning: Retail Car Wash Class C (for the market area) One One S - Steel Frame (per Marshall Valuation Service) Average 13,000 square feet (per Feasibility Study) 13,000 square feet (per Feasibility Study) 100 feet (per Feasibility Study) 11.39 to 1 (Usable Land/GBA) 0.09 (based on GBA) 25 truck and trailer spaces 0.62 (per 1,000 sf of GBA) 2023 Good upon completion 0 years (based on year built) 0 years (based on year built) 30 years (based on total economic life of 30 years) Reinforced Concrete Slab Steel frame Ribbed metal Gable / TPO and standing seam metal Assumed to be adequate for current use Assumed adequate for the intended use Forced warm air Package Units © 2023 VALBRIDGE PROPERTY ADVISORS KANSAS CITY PAGE 18 Page 93 of 435 \1: Valbridge PROPERTY ADVISORS Site Improvements PROPOSED GREYHOUND TRUCK WASH IMPROVEMENTS DESCRIPTION Site Improvements: Asphalt paved parking, sidewalks, landscaping, sprinklers, adequate parking, etc. Landscaping: Average Legal, Conforming Status Legally Permitted Use: Yes Conforms to Parking: Yes Conformity Conclusion: Based on our analysis of the property and of the applicable codes, the current/proposed use appears to conform to current requirements. Deferred Maintenance The subject property improvements are proposed and are anticipated to have no differed maintenance at the time completion. Functional Utility The proposed improvements appear to be adequately suited for use as a car wash and there are no significant items of functional obsolescence. Qualities of Construction According to Marshall Valuation Service, there are four qualities of construction. The subject will be "good" quality construction for the local market due to its design and features. • Low Quality - Buildings in this category are generally constructed to minimum code requirements often with little regard for architectural appearance or other amenities. They are built with minimum investment in mind. Little ornamentation is used, and interior partitioning and finish is minimal and/or of low quality. • Average Quality - Average -quality buildings constitute the largest group of buildings constructed, approximately fifty percent of all buildings. These are generally buildings designed for maximum economic potential without some of the pride of ownership or prestige amenities of higher -quality construction. They are of good standard code construction with simple ornamentation and finishes. • Good Quality - Buildings designed for good appearance, comfort, and convenience, as well as an element of prestige, constitute the good quality category. Ornamental treatment is usually of higher quality and interiors are designed for upper-class rentals. The amenities of better lighting and mechanical work are primary items in their costs. • Excellent Quality - Excellent buildings are normally prestige buildings. On an economic basis, part of the cost must be written off to pride of ownership and some of the income intangibly derived from advertising. Excellent dwellings are generally built for the established professional or those with higher incomes and will have some expensive finishes and fixtures. © 2023 VALBRIDGE PROPERTY ADVISORS KANSAS CITY PAGE 19 Page 94 of 435 \1: Valbridge PROPERTY ADVISORS PROPOSED GREYHOUND TRUCK WASH IMPROVEMENTS DESCRIPTION Property Condition Rating According to Marshall Valuation Service, there are six property condition ratings. The subject will be in "good" condition. • Poor Condition — Repair and overhaul needed on painted surfaces, roofing, plumbing, heating, numerous functional inadequacies, substandard utilities, etc. (found only in extraordinary circumstances). Excessive deferred maintenance and abuse, limited value -in -use, approaching abandonment or major reconstruction; reuse or change in occupancy is imminent. Effective age is near the end of the scale regardless of the actual chronological age. • Fair Condition — Much repair needed. Many items need refinishing or overhauling, deferred maintenance obvious, inadequate building utility and services all shortening the life expectancy and increasing the effective age. • Average Condition — Some evidence of deferred maintenance and normal obsolescence with age in the a few minor repairs are needed, along with some refinishing. But with all major components still functional and contributing toward an extended life expectancy, effective age and utility are standard for like properties of its class and usage. • Good Condition — No obvious maintenance required, but neither is everything new. Appearance and utility are above the standard, and the overall effective age will be lower than the typical property. • Very Good Condition — All items well maintained, many having been overhauled and repaired as they've shown signs of wear, increasing the life expectancy and lowering the effective age, with little deterioration or obsolescence evident and a high degree of utility. • Excellent Condition — All items that can normally be repaired or refinished have recently been corrected, such as new roofing, paint, furnace overhaul, state-of-the-art components, etc. With no functional inadequacies of any consequence and all major short-lived components in like - new condition, the overall effective age has been substantially reduced upon complete revitalization of the structure regardless of the actual chronological age. © 2023 VALBRIDGE PROPERTY ADVISORS KANSAS CITY PAGE 20 Page 95 of 435 file Valbridge PROPERTY ADVISORS PROPOSED GREYHOUND TRUCK WASH IMPROVEMENTS DESCRIPTION ELEVATIONS WEST AND EAST WEST ELEVATION 1611F -CLFL DE*R. 3.RN4 ELLJ W1D.RV 111,111. I MA_ GAL, H. DOOR, M I.I DOLlS T1P. TYP_ T.O. WALL fp 20'-0" f#TL EHT. fTL GUTTER REEEOMfL MAIN FLOOR 0'_O„ orAl E 1 /8' = 1'-0" QH DOOR, 14.L'N2 DC4% C-0U RENT 1:1031,9.4F£R9-, sr 0.H DODf, EAST ELEVATION rTL , TYP. T.O. WALL gliik 20'-Or' PREFIR 9RT. 3d1.M8..C1.T.T1P Rff8ED MIL 9CJ'Y T}P. MAIN FLOOR oc 0'-0" SCALE 1/8" = © 2023 VALBRIDGE PROPERTY ADVISORS I KANSAS CITY PAGE 21 Page 96 of 435 file Valbridge PROPERTY ADVISORS ELEVATIONS SOUTH AND NORTH PROPOSED GREYHOUND TRUCK WASH IMPROVEMENTS DESCRIPTION MAIN FL4'-OR }, SOUTH ELEVATION - .}. ." �F SCALE: 1!G = 1'- T.D. WALL COMM, PM HEE. MIL •_ _ .. ,. MAIN FLOOR 00 NORTH [LiVAIION ',MP 11W l'-C' © 2023 VALBRIDGE PROPERTY ADVISORS KANSAS CITY PAGE 22 Page 97 of 435 S'•Valbridge PROPERTY ADVISORS FLOOR PLAN PROPOSED GREYHOUND TRUCK WASH IMPROVEMENTS DESCRIPTION 6.141 OFFICE MECH. 3YL TRUCK WASH sOM Sr ibR ,LLL.IIC W iW- 1 OONYS L STC:: AG TRAILER MACH OUT 4=1r AiC © 2023 VALBRIDGE PROPERTY ADVISORS KANSAS CITY PAGE 23 Page 98 of 435 APPLICATION SITE PLAN AMENDMENT TO A "R-P", "M-P", "C-P", "B-P", "S-1" OR "C-Z" DISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319.291.4366 New or Overall Amendment X Individual Building Minor change (check one) (Minor Change must be approved by staff) 1. APPLICATION INFORMATION: a. Applicant's name — Business Name if Applicable (please print): FREEDOM TRUCK AND TRAILER WASH LLC Address: CYCLONE & GREYHOUND DRIVE Phone: 319. 4 3 3 . 5 4 8 4 Fax: City: WATERLOO State: IOWA Zip: 50707 Email: brentjohnson5228@gmail.com b. Status of applicant: (a) Owner x (b) Other (CHECK ONE): If other explain: c. Property owner's name if different than above (please print):DEER CREEK DEVELOPMENT, LLC, Address: 315 5TH STREET Phone: Fax: City: HUDSON State: IOWA Zip: 5 0 6 4 3 Email: 2. PROPERTY INFORMATION: a. General location of site plan to be amended: Southeast Quadrant of Greyhound Dr. & Cyclone Dr., Waterloo,Iowa b. Legal description of property or portion to be amended: Lots 6 and 7 excepting the south 62' thereof,Greenbelt Centre Plat No.8, Waterloo,Black Hawk County, Iowa. c. Dimensions of proposed site plan amendment: 5 62 ' x 2 63 d. Area of proposed site plan amendment: 147, 668 SF / 3 .39 acre s e. Current zoning: B—P, Business Park — Planned f. Reason(s) for site plan amendment and proposed use(s) of property: Planned district req. & construction of a commercial truck wash. g• Conditions (if any) agreed to (does not affect existing conditions unless specified): h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from site plan amendment request). The fling fee of $200 (for new or overall amendment), $100 (for individual Building), or $0 (for minor change) (payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed fromthe date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. Signature of pplicant c0/ 1 /tea,23 Date Signature of Owner Date Page 99 of 435 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE July 17, 2023 AGENDA ITEM TITLE Resolution setting date of public hearing as August 7, 2023, for the sale of conveyance of City -owned land to A&K Ventures, LLC, in the amount of $1.00, with a phased Development and Minimum Assessment Agreement in the amount of $624,125.00, for the construction of 6,500 square foot building and 6,000 square foot addition, located northeast of 3151 Titan Trail, and instruct City Clerk to publish public notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request to set the date of public hearing as August 7, 2023, for the sale of conveyance of City owned land to A&K Ventures, LLC in the amount of $1.00, with a phased Development Agreement and Minimum Assessment Agreement in the amount of $624,125.00 for the construction of 6,500 square foot building and 6,000 square foot addition, located northeast of 3151 Titan Trail, and instruct City Clerk to publish public notice. NEIGHBORHOOD IMPACT This area is seeing positive growth and 12,500 square foot of new buildings will continue to propel this area as an attractive place for developers. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION Page 100 of 435 LEGAL DESCRIPTION Lot 1, Greenbelt Centre Plat No. 2, except Parcel "H" thereof according to Plat of Survey filed 09/06/2022 as Doc. No. 2023-3987, in the City of Waterloo, Black Hawk County, Iowa. ATTACHMENTS 1. Development Agreement 2. Site Plan 3. Building Plans 4. Aerial Map Page 101 of 435 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo IA 50704 Phone (319) 234-5701 DEVELOPMENT AGREEMENT — Phased This Development Agreement (the "Agreement") is entered into as of , 2023, by and between A & K Ventures, L.L.C. (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the Martin Road Development Plan Area ("Urban Renewal Area"). B. Company is willing and able to finance and construct buildings and related improvements on property located in the Urban Renewal Area, and legally described on Exhibit "A" attached hereto (the "Property"). C. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. 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) general utility and Page 102 of 435 right-of-way easements serving the Property; and (c) restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Improvements (defined below), which may take the form of a lending commitment letter. City shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires, in which case City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement without further obligation and return the abstract of title to City. 2. Development Phasing. The parties contemplate that Company may develop the Property in phases, each of which is generally described as follows, although more detailed plans for each phase will be developed at one or more future dates: A. Phase 1. One commercial building of approximately 6,500 square feet. B. Phase 2. An addition to or expansion of the Phase 1 Improvements of no less than 6,000 square feet. Company shall construct on the Property the improvements described above, and related landscaping, storm water, paving, signage and parking improvements (collectively, the "Improvements"). The Improvements relating to each separate phase are referred to as the "Phase 1 Improvements" and "Phase 2 Improvements," as applicable. Company agrees that the Improvements shall be constructed in accordance with the terms of this Agreement, the Urban Renewal Plan, and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. For each phase, City may require that Company submit specific building designs and site plans for City review and approval. 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 make any of the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project." 3. Construction Plans. Company agrees that it will cause the Improvements to be constructed on the Property in conformance with construction plans (the "Plans") that have been submitted to the City. Company agrees that the scope and 2 Page 103 of 435 scale of the Improvements to be constructed shall not be significantly less than the scope and scale of the Improvements as detailed and outlined in the Plans. If any material modification in the scope, scale or nature of the Plans is proposed, Company shall submit modified Plans (the "Modified Plans") to the City for review. Modified Plans shall be subject to approval by the City as provided in this Section. City shall approve the modified Plans in writing if: (a) the Modified Plans conform to the terms and conditions of this Agreement; (b) the Modified Plans conform to the terms and conditions of the urban renewal plan; (c) the Modified Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (d) the Modified Plans are adequate for purposes of this Agreement to provide for the construction of the Improvements, and (e) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Plans or Modified Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Plans or Modified Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The Modified Plans must be rejected in writing by City within thirty (30) days of submission or shall be deemed to have been approved by the City. If City rejects the Modified Plans in whole or in part, Company shall submit new or corrected Modified Plans within thirty (30) days after receipt by Company of written notification of the rejection, accomplished by a written statement of the City specifying the respects in which Company's Modified Plans fail to conform to the requirements of this Section. The provisions of this Section relating to approval, rejection and resubmission of corrected Modified Plans shall continue to apply until the Modified Plans have been approved by the City; provided, however, that in any event Company shall submit Modified Plans which are approved by City prior to commencement of construction of the additional or modified Improvements. Approval of the Plans or Modified Plans by the City shall not relieve Company of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Plans or Modified Plans by City be deemed to constitute a waiver of any Event of Default. Approval of Plans or Modified Plans hereunder is solely for purposes of this Agreement and shall not constitute approval for any other City purpose nor subject the City to any liability for the Improvements as constructed. 4. Timeliness of Conveyance and Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property to Company and that without said commitment City would not do so. 3 Page 104 of 435 A. Deadlines to commence and complete. Company must obtain a building permit and begin construction of the Phase 1 Improvements within four (4) months after the date of conveyance (the "Phase 1 Start Date") and Substantially Complete construction within fourteen (14) months thereafter (the "Phase 1 Completion Deadline"). Company must Substantially Complete construction of Phase 2 improvements within five (5) years from the date of this Agreement (the "Phase 2 Completion Deadline"). For purposes of this Agreement, "Substantially Completed" means the date on which the phase Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and the City has verified that any Project element for which no permit was necessary has been Substantially Completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. The City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of any phase of the Improvements. Any additional or longer time extensions will require consent of the City Council. B. Events triggering termination and/or reverter of title. If Company does not begin or Substantially Complete construction of each phase of the Improvements on the schedule(s) stated above, subject to Unavoidable Delays, then City may terminate this Agreement as set forth in Section 16, and City shall then have no further obligation to Company under this Agreement. If development has commenced within the required period, as the same may be extended, and is subsequently stopped 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 an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. If City terminates this Agreement as provided in Section 16, City shall have no further obligations to Company under this Agreement, including but not limited to any legal or equitable obligation to reimburse Company for any costs expended by Company with respect to the Project or to compensate Company for any value added to the Property by any Improvements. In connection with termination of the Agreement as set forth herein, then in addition to exercising any other available remedies, (1) if Company has not completed the Phase 1 Improvements by the Phase 1 Completion Deadline, City may demand reconveyance of the Property, and (2) if Company has not completed the Phase 2 Improvements by the Phase 2 Completion Deadline, City may demand payment of $69,696.00 (the "Property Value") as compensation for Property acquisition costs. 5. Reverter of Title; Indemnity. In the event of any reverter of title pursuant to Section 4, then 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, free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Concurrently with delivery of the deed, Company shall also deliver to City the abstract of 4 Page 105 of 435 title. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney -in -fact, the special warranty deed or other documents required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney -in -fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 6. No Encumbrances; Limited Exception. Until the Phase 1 Improvements are Substantially Completed, 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. Any other mortgage shall be void. 7. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of arty associated connection fees. 8. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "B" it will not seek or cause a reduction in the taxable valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $624,125.00 (the "Phase 1 Minimum Actual Value"), through: (i) willful destruction of the Property, the Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or 5 Page 106 of 435 (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 execute and deliver the MAA concurrently with execution and delivery of 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. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until the Improvements are 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. 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. D. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. E. The Property will have a taxable value as set forth in the MAA and any amendments thereto, and Company agrees that the minimum actual value of the Property and completed Phase 1 Improvements as stated in the MAA and any amendments thereto will be a reasonable estimate of the actual value of the Property for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Phase 1 Improvements that, when combined with the value of the Property, or applicable portion thereof, and related site improvements, will equal or exceed the assessor's minimum actual value for the Property, or applicable portion thereof, and Improvements as set forth in the MAA and any amendments thereto. F. Until termination of the MAA, Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair 6 Page 107 of 435 and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. G. Until termination of the MAA, Company agrees that (1) if the Improvements are to be Company's primary location for business operations, it will not undertake, in any other municipality in Black Hawk County, the construction or rehabilitation of any commercial property as a primary location for Company's business operations of the type to be conducted on the Property, and (2) it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. H. 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 Property conveyed to it. 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 Property that is determined by any tax official to be applicable to the Property 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 Property. 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. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. 7 Page 108 of 435 C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 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 bylaws 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. Assuming due authorization, execution and delivery by the other parties hereto, this Agreement 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. F. 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 arising after Company's acquisition of the same 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 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 any willful misrepresentation, any willful misconduct, 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 8 Page 109 of 435 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 or purportedly arises from (1) any violation of any agreement 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) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property, but only to the extent such liability has not been previously transferred to and accepted by the City in writing. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 13. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the Property Value, plus interest on any sums owing at the rate of 5% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 14. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City, except as permitted in accordance with Section 6 for security of financing for completion of the Improvements. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 15. 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; 9 Page 110 of 435 B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, any part of the Property, or this Agreement, without the prior written consent of City; C. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against any of the Property; D. 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 an MAA; E. 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 any of Property. F. 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. 16. 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 or payment of the Property Value as set forth in this Agreement. 10 Page 111 of 435 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 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. 17. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 18. 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. 19. 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. 20. 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: 11 Page 112 of 435 (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 1326 Maxhelen Blvd, Apt. 4A, Waterloo, Iowa 50701; Attention: Kent Orchard. 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. 21. 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. 22, 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. 23. 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. 24. 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. 12 Page 113 of 435 25. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 26. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 27. Counterparts. This Agreement may be executed in multiple counterparts, each of which, including counterparts signed electronically or signed counterparts transmitted by facsimile or other electronic means, shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 28. 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. 29. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA A & K Ventures, L.L.C. By: By Quentin M. Hart, Mayor nt Orchar. " nager Attest: Kelley Felchle, City Clerk PERSONAL GUARANTY. The undersigned members and/or managers of Company hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing 13 Page 114 of 435 Agreement, including but not limited to the duties of indemnity set forth therein, if any. Liability of guarantors hereunder is joint and several. Kent Orchard 14 Page 115 of 435 EXHIBIT "A" Legal Description of Property Lot 1, Greenbelt Centre Plat No. 2, except Parcel "H" thereof according to Plat of Survey filed 9/06/2022 as Doc. No. 2023-3984, in the City of Waterloo, Black Hawk County, lowa. Page 116 of 435 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2023, by and among the CITY OF WATERLOO, IOWA ("City"), A & K VENTURES, L.L.C. ("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, (the "Property") located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area ("Project") within the City and within the Martin Road Development Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project shall not be less than $624,125.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before the date set forth in the Agreement, but in any event not later than December 31, 2024. If it is 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, 2033. 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 117 of 435 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 Property that is determined by any tax official to be applicable to the Property 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 Property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA A & K VENTURES, L.L. By: Quentin M. Hart, Mayor By: Kelley Felchle, City Clerk Kent Orchard, + nager 2 Page 118 of 435 STATE OF IOWA COUNTY OF BLACK HAWK On this day of , 2023, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2023, by Kent Orchard as Manager of A & K Ventures, L.L.C.. Notary Public 3 Page 119 of 435 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than Six Hundred Twenty -Four Thousand One Hundred Twenty -Five Dollars ($624,125.00) 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 , 2023, by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 120 of 435 .1,;,r ,u. Beacon Black Hawk County, IA Overview Legend Water ® Parcels These maps do not represent a survey. No liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor or their employees. These maps are compiled from official records, including plats, surveys, recorded deeds, and contracts, and only contain information required for local government purposes. See the recorded documents for more detailed legal information. Date created: 5/5/2023 Last Data Uploaded: 5/4/2023 11:02:26 PM Developed by(1i Schneider�++i OtOSPATIAL Page 121 of 435 121-6" NORTH , ,-2."""\_.%).; \ -.28" DIA. x 12" THICK CONC. PAD FOOTING ON EAVE WALL \ ...- \ \ ,,. ( , •-, \ \ \ .N, SHOP ( .÷k) ‘ 1 OFFICE ,,k) \ fo 'PAD Fre ' \ BUILDING STRUCTURE: \ \ \ \ \ .., , k) - . 16'-0" SIDEWALL HEIGHT LAMINATED & TREATED COLUMNS @ 7'-6" 0.C.; VERIFY SIZE & NUMBER OF PLIES 2 x 6 SIDE NAILERS @ 2'-0" O.C. \ \ \ „ ,e. ( ' 9.-0.5100/SALL HEIGHT LAMINATED 6 TREATED COLUMNS @ 8.-0" 0 C: VERIFY SIZE 6 NUMBER OF PLIES 2 x e SIDE NAILERS IS3 S-0. 0 O STUD FRAME BETWEEN COLUMNS PRE-ENGINEERED ROOF TRUSSES .4, 2.-0. 0.0. 2 x 0 ROOF PURLINS @ .2.-0. 0 C. Mat) STEEL SIDING 6 ROOFING MATERIAL b..' \ \ 16" DIA. x 8" THICK CONC. PAD FOOTING PRE-ENGINEERED ROOF TRUSSES @ 7'-6" O.C.\ 2 x 4 ROOF PURLINS @ 2'-0" 0.C. STEEL SIDING & ROOFING MATERIAL 16" DIA. x 8" THICK CONC. PAD FOOTINGIU \ \ \ \ PAD FTG ,9 ,.. , ON GABLE WALLS ON GABLE WALLS \ \ ,... \ s7,74"g22°' i. \ \ \ NOTE: LEVEL SITE, ROCK, CEMENT, PERMIT, & DUMPSTER ARE ALL TO BE PROVIDED BY OWNER .,. EAST j„.. \ \ N4 ' PAD FTG R- JJ , Z9 „., \ ,,,___\ '=i1 ( NOTE:111 BUILDIONG IS TO HAVE (5) 3'-0" x 4'-0" SINGLE HUNG WINDOWS (1) 4'-0" x 4'-0" SLIDING WINDOW \ \ \ \ ,•,, ( t \ \ \ \ • •441i f-- ' 12-0" x 14.-0" 0.H. DOOR -- INSTALLED -- , THIS COLUMN T." MUT. OTHER -- IS TO REMAIN ON ADJUST COLUMN ON END FOR PROPER OPENING 12,0. x 14.-0.. 0.H. DOOR , -- INSTALLED -- ,,..... , . ,..... 12-0" x 14.-0" 0.H. DOOR • -- INSTALLED -- THIS R,m4IN ...- r.OLUMN IS TO 72.4._071:V-0" 0.H. DOOR -- INSTALLED -- 4- 12-0" x 14.-0" 0.H. DOOR -- INSTALLED -- 1:111=a \ \ \ \ \ \ \ . 12'-4" I '--" ... • - ... .. • '-' •..„ , . , 5'-4" , , , , SOUTH , 121-6" 6-27-23 POLE LAYOUT KENT ORCHARD POLE BUILING SPAHN & ROSE JESUP, IA CONTRACTOR: GALE MATHEWS 8 Page 122 of 435 12 CEILING HEIGHT © SHOP CEILING HEIGHT @ SHOP O.H. 12 4 ( STEELS DING �4 EAST ELEVATION KENT ORCHARD POLE BUILING SPAHN & ROSE JESUP, IA CONTRACTOR: GALE MATHEWS 8-27 23 THESE PLANS ARE BEING FURNISHED BY SPAHN 8 ROSE LUMBER COMPANY BY DRAFTSMEN WHO ARE NOT LICENSED ARCHITECTS OR ENGINEERS. SPAHNCONSTRUCTION PROM THESE PLANS SHOULD NOT BE UNDERTAKEN WITHOUT THE ASSISTANCE OF A CONSTRUCTION PROFESSIONAL. 6 ROSE LUMBER CO. ASSUMES NO RESPONSIBILITY FOR STRUCTURAL OR DIMENSIONAL ERRORS OR OMISSIONS. THENAND STRUCTURAL TECHNIQUES, AND/OR OWNER SHALL ASSUME FULL LIABILITY FOR ACTUAL FIELD DIMENSIONS, DETAILS, CONSTRUCTION Q REQUIREMENTS CONFORMING TO ALL STATE AND LOCAL CODES AND ORDINANCES. SPAHN & ROSE LUMBER CO. ACCEPTS NO RESPONSIBILITY FOR STRUCTURAL INTEGRITY WHICH SHALL BE THE SOLE RESPONSIBILITY OF THE OWNER ANDIOR CONSTRUCTOR CONSEQUENTIAL DAMAGES ARE SPECIFICALLY EXCLUDED. USERS OF THESE PLANS UNDERSTAND AND AGREE THAT NO WARRANTIES HAVE BEEN PROVIDED, EXPRESS NOR IMPLIED AND SPAHN 6 ROSE LUMBER CO. DECLINES ANY AND ALL CLAIMS FOR FAULTY WORKMANSHIP. 0 io CEILING HEIGHT @ SHOP CEILING HEIGHT @ SHOP WEST ELEVATION KENT ORCHARD POLE BUILING SPAHN & ROSE JESUP, IA CONTRACTOR: GALE MATHEWS 6-27-23 THESE PLANS ARE BEING FURNISHED BY SPAHN 8 ROSE LUMBER COMPANY BY DRAFTSMEN WHO ARE NOT LICENSED ARCHITECTS OR ENGINEERS. SPAHNCONSTRUCTION PROM THESE PLANS SHOULD NOT BE UNDERTAKEN WITHOUT THE ASSISTANCE OF A CONSTRUCTION PROFESSIONAL. 6 ROSE LUMBER CO. ASSUMES NO RESPONSIBILITY FOR STRUCTURAL OR DIMENSIONAL ERRORS OR OMISSIONS. THCONSTRUCTION E TECHNIQUES, AND STRUCTURAL FOR STRUCTURAL TREQUIRUCTUR LATECONFO, HIAR SHALL ASSUME LLHALL BE THE SOLE CODES AND SIBIL,ORDINANCES . SPALIABILITY FOR ACTUAL FIELD DIMENSIONS, HN&ROCONSTRUCTOR UCTOR CONSEQUENTIAL ONEOQUEN IALUMBER CO ACCEPTS NO NS�IBNILNI PC e SPECIFICALLY EXCLUDED. USERS OF THESE PLANS UNDERSTAND AND AGREE THAT NO AND SPAHN V. ROSE LUMBER CO. DECLINES ANY AND ALL CLAIMS FOR FAULTY WORKMANSHIP. WARRANTIESEXPRESS NOR IM ge 123 of 435 6 STEEL ROOFING - 4 12 PITCH zn� STEEL SIDING (STEEL ROOFING - 412 PITCH N E. 6 _ 8 NORTH ELEVATION KENT ORCHARD POLE BUILING SPAHN & ROSE JESUP, IA CONTRACTOR: GALE MATHEWS 6-27-23 STEEL ROOFING - 4: 2 PITCH) STEEL ROOFING -- 4 12 PITCH STEEL SIDING ) SOUTH ELEVATION KENT ORCHARD POLE BUILING SPAHN & ROSE JESUP, IA CONTRACTOR: GALE MATHEWS 6-27-23 Page 124 of 435 Cit11 of Waterloo, Iowa 7Vt ii PH CIE" 125 of M135 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE July 17, 2023 AGENDA ITEM TITLE Resolution setting date of public hearing as August 7, 2023, for the sale and conveyance of City - owned right-of-way to Grant Park, LLC, in the amount of $1.00, with a Development and Minimum Assessment Agreement in the amount of $2,200,000.00, with a rebate schedule of 80 percent for years one (1) through five (5) and 70 percent for years six (6) through ten (10), located at 2775 Crossroads Boulevard, for the construction of a new 10,000 square foot commercial building, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Grant Park, LLC owns the property of the former Long John Silvers site along Crossroads Boulevard. They have demolished the former restaurant building and plan to construct a 10,000 square foot commercial building for retail tenants. NEIGHBORHOOD IMPACT The site is zoned S-1 Shopping Center District and will need to complete the site plan approval process through the Planning and Zoning Commission and City Council. The Commerical space would have a positive impact on the surrounding area. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION The site is zoned S-1 Shopping Center District and will need to complete the site plan approval process through the Planning and Zoning Commission and City Council. Both meetings are public meetings that include a public notice process. COMMUNITY ENGAGEMENT METHODS The site is zoned S-1 Shopping Center District and will need to complete the site plan approval process through the Planning and Zoning Commission and City Council. Both meetings are public meetings that include a public notice process. SOURCE OF EXPENDITURES Page 126 of 435 TIF rebates - Closing Costs ALTERNATIVE ACTION Deny the Request LEGAL DESCRIPTION Legal of applicant's property: Lot 4 in Crossroads Plat No. 2, Waterloo, Black Hawk County, Iowa; and Lot A-3 in Crossroads Plat No. 4, a Replat of Tract A in Crossroads Plat No. 2, Waterloo, Black Hawk County, Iowa. Legal of property to be sold by city: A survey of Parcel "F" of the Southeast Quarter (SE 1/4), Section 02, Township 88 North (T88N), Range 13 West (R13W) of the 5th Principal Meridian (5th PM), City of Waterloo, Black Hawk County, State of Iowa, and being more particularly described as follows: Beginning at the northeasterly corner of Lot 4, Crossroads Plat No. 2, being a found 1/2" rebar with yellow plastic cap and license number 8033; thence South 48°00'16" West 225.09 feet along the northwesterly lines of said Lot 4 and Lot A-3, Crossroads Plat No. 4, to the northwesterly corner of said Lot A-3, being a found 1/2" rebar; thence North 41 °55'56" West 50.00 feet along the northwesterly extension of the southwesterly line of said Lot A-3; thence North 48°00'16" East 225.09 feet parallel with said northwesterly lines of Lots 4 and A-3 to the northwesterly extension of the northeasterly line of said Lot 4; thence South 41°55'56" East 50.00 feet along said northwesterly extension to the point of beginning containing 11,255 square feet (0.258 acres), subject to the retention of a public utility easement over the northeasterly 30 feet of said parcel and a public utility easement over the northwesterly 10 feet of said parcel. ATTACHMENTS 1. Howard agreement 2. Parcel F SE 2-88-12 SIGNED Page 127 of 435 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704 Phone (319) 234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of 3-une Zkp , 2023 by and between Grant Park, L.L.C. (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, as amended (the "Urban Renewal Act"), City is engaged in carrying out Urban B. renewal project activities in an area known as the Crossroads Waterloo Urban Renewal and Redevelopment Area ("Urban Renewal Area"). C. Company is willing and able to finance and erect structures and related improvements on property located in the Urban Renewal Area, and legally described on Exhibit "A" and Exhibit "A-1" attached hereto (the "Project Property"). D. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Development Property. Company is purchasing from a third party certain real property located at 2775 Crossroads Blvd., described on Exhibit "A" Page 128 of 435 attached hereto (the "Property"). Company will undertake the Project (defined below) upon the Project Property. 2. Improvements by Company; Schedule. Company shall demolish the existing structure and construct a new commercial building of no less than 10,000 square feet and related landscaping, paving, signage and parking improvements (collectively, the "Improvements"). Company agrees that the Improvements shall be constructed in accordance with the terms of this Agreement, the urban renewal plan, and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. 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 Property, the Improvements, and all development -related work to make the Project Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". Company shall commence Improvements within eight (8) months after the date of this Agreement, and the Project shall be Substantially Completed by December 31, 2024 (the "Completion Deadline"). 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 and the City has verified that any Project element for which no permit was necessary has been Substantially Completed. 3. Construction Plans. Company agrees that it will cause the Improvements to be constructed on the Project Property in conformance with construction plans (the "Plans") that have been submitted to the City. Company agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of the Improvements as detailed and outlined in the Plans. If any material modification in the scope, scale or nature of the Plans is proposed, Company shall submit modified Plans (the "Modified Plans") to the City for review. Modified Plans shall be subject to approval by the City as provided in this Section. City shall approve the modified Plans in writing if: (a) the Modified Plans conform to the terms and conditions of this Agreement; (b) the Modified Plans conform to the terms and conditions of the urban renewal plan; (c) the Modified Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (d) the Modified Plans are adequate for purposes of this Agreement to provide for the construction of the Improvements, and (e) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Plans or Modified Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Plans or Modified 2 Page 129 of 435 Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The Plans or Modified Plans must be rejected in writing by City within thirty (30) days of submission or shall be deemed to have been approved by the City. If City rejects the Plans or Modified Plans in whole or in part, Company shall submit new or corrected Plans or Modified Plans within thirty (30) days after receipt by Company of written notification of the rejection, accomplished by a written statement of the City specifying the respects in which Company's Plans or Modified Plans fail to conform to the requirements of this Section. The provisions of this Section relating to approval, rejection and resubmission of corrected Plans or Modified Plans shall continue to apply until they have been approved by the City; provided, however, that in any event Company shall submit Plans or Modified Plans which are approved by City prior to commencement of construction of additional or modified Improvements. Approval of the Plans or Modified Plans by the City shall not relieve Company of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Plans or Modified Plans by City be deemed to constitute a waiver of any Event of Default. Approval of Plans or Modified Plans hereunder is solely for purposes of this Agreement and shall not constitute approval for any other City purpose nor subject the City to any liability for the Improvements as constructed. 4. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Project Property and for payment of any associated connection fees. 5. City Incentives. City will provide the following incentives to assist the Project: A. Rebates. Property tax rebates as set forth in Section 7. B. Right -of -Way. City shall convey to Company a portion of San Marnan Drive right-of-way described on Exhibit "A-1" hereto (the "City Property") for the sum of $1.00 (the "Purchase Price") within thirty (30) days after City has completed all requirements for conveyance of same. The parties acknowledge that the City Property is excess road right-of-way that has yet to be vacated and that City will not convey title to the vacated right-of-way until the vacation process has been completed. In addition, sale of the City Property must be handled under the processes required by Iowa Code § 306.22 et seq. (the "Statutory Process"). Within thirty (30) days after completion of same, City shall convey the City Property in its as -is condition to Company by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record as set forth in the subdivision deed of dedication, (b) future real estate real property taxes and assessments arising after the date of closing; (c) general utility and right-of-way easements serving the City Property and of record; and (d) restrictions imposed by City zoning ordinances and other 3 Page 130 of 435 applicable law. Notwithstanding the foregoing, City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of Company's financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company (such time period not to exceed thirty (30) days), Company may terminate this Agreement, and shall have no obligation to accept title to the City Property or otherwise perform under this Agreement. In lieu of Agreement termination, if City is not able to provide clear title to the City Property to Company through the Statutory Process, then City agrees to enter into a long-term lease or encroachment agreement with Company for the City Property on terms mutually acceptable to the parties, including but not limited to rent of $1.00 and Company's agreement to maintain the City Property, to limit its use as set forth in the lease or agreement, and not to encumber the City Property with a mortgage or any other lien. Company acknowledges that it has had a reasonable opportunity to inspect the City Property and to conduct other due diligence related to the Project. Company agrees to accept the City Property in its "AS IS" condition, without any warranty from City, expressed or implied, as to the condition of the City Property, its marketability, or its fitness for any particular purpose. C. Street Improvements. City shall redesign and modify the median on Crossroad Blvd. to allow turning access to the Project Property for eastbound traffic. 6. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Project Property. 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 taxable valuation for the Project Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $2,200,000.00 (the "Minimum Actual Value"), through: (a) willful destruction of the Project Property, the Improvements, or any part of either; (b) a request to the assessor of Black Hawk County; or 4 Page 131 of 435 (c) 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 execute and deliver the MAA concurrently with its execution and delivery of this Agreement. 7. Tax Rebates. Provided that Company has completed the Improvements before the Completion Deadline thereof, and that Company has executed an MAA as set forth in Section 6 above, City agrees to rebate property tax (with the exceptions noted below) with respect to the Improvements, as follows: Year One through Year Five 80% rebate each year Year Six through Year Ten 70% rebate each year for any assessed value added by the completed Improvements (each such payment is a "Rebate"). Each Rebate is payable in respect of a given property tax fiscal year (a "Fiscal Year") only to the extent that (a) Company has actually paid general property taxes due and owing for such Fiscal Year and (b) the city council has made an appropriation for the payment of the Rebate. To receive a Rebate for a given Fiscal Year, Company must, within twelve (12) months after the due date of the last installment of the property taxes for the respective Fiscal Year (i.e., the "March Installment"), submit a completed Rebate request to City on the form provided by or otherwise satisfactory to City. A failure to timely submit a request for a Rebate for a Fiscal Year will result in a forfeiture of the right to request a Rebate for such Fiscal Year. City agrees to consider a completed application for a Rebate within sixty (60) days after submission of the application to City. The assessed value of the Project Property as a result of the Improvements constructed thereon must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. Rebates shall not be paid based on any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first Fiscal Year in respect of which a Rebate may be given ("Year One") shall be the first full Fiscal Year for which the assessment is based upon the completed value of the applicable phase Improvements and not based on a prior Fiscal Year for which the assessment is based solely upon (x) the value of the Project Property, or upon (y) the value of the Project Property and a partial value of the Improvements due to partial completion of such Improvements or a partial Fiscal Year. As an example of the above provision, in the event the Improvements are completed prior to January 1, 2025 and the Project Property and Improvements are assessed as fully completed based on the Plans, as may be revised, the property taxes that would be assessed based on the January 1, 2025 assessed value would be for the Fiscal Year ending June 30, 2027, with the taxes payable one-half by September 30, 2026 and one-half by March 31, 2027, then the first Rebate could be applied for after March 31, 2027 and prior to April 1, 2028. 5 Page 132 of 435 8. Limitations on Payment of Rebates. A. Each payment of a Rebate is subject to annual appropriation by the city council each fiscal year. City has no obligation to make any payments to Company as contemplated under this Agreement until the city council annually appropriates the funds necessary to make such payments. The right of non - appropriation reserved to City in this paragraph is intended by the parties, and shall be construed at all times, so as to ensure that City's obligation to make future payments of Rebates shall not constitute a legal indebtedness of City within the meaning of any applicable constitutional or statutory debt limitation prior to the adoption of a budget which appropriates funds for the payment of that installment or amount. In the event that any of the provisions of this Agreement are determined by a court of competent jurisdiction or by City's bond counsel to create, or result in the creation of, such a legal indebtedness of City, the enforcement of the said provision shall be suspended, and the Agreement shall at all times be construed and applied in such a manner as will preserve the foregoing intent of the parties, and no Event of Default by City shall be deemed to have occurred as a result thereof. If any provision of this Agreement or the application thereof to any circumstance is so suspended, the suspension shall not affect other provisions of this Agreement which can be given effect without the suspended provision. To this end the provisions of this Agreement are severable. B. Notwithstanding the provisions of Section 6 or 7 hereof, City shall have no obligation to make a payment of a Rebate to Company if at any time during the term hereof City fails to appropriate funds for payment; City receives an opinion from its legal counsel to the effect that the use of Tax Increments resulting from the Project Property and Improvements to fund a Rebate payment to Company, as contemplated under Section 6 or Section 7 above, is not, based on a change in applicable law or its interpretation since the date of this Agreement, authorized or otherwise an appropriate urban renewal activity permitted to be undertaken by City under the Urban Renewal Act or other applicable provisions of the Code, as then constituted or under controlling decision of any Iowa court having jurisdiction over the subject matter hereof; or City's ability to collect Tax Increment from the Improvements and Property is precluded or terminated by legislative changes to Iowa Code Chapter 403. Upon occurrence of any of the foregoing circumstances, City shall promptly forward notice of the same to Company. If the circumstances continue for a period during which two (2) annual Rebate payments would otherwise have been paid to Company under the terms of Section 7, then City may terminate this Agreement, without penalty or other liability to City, by written notice to Company. C. For purposes of this Agreement, "Tax Increments" shall mean the property tax revenues on the Improvements and Property received by and made available to City for deposit in an account maintained under this Agreement, the 6 Page 133 of 435 provisions of Iowa Code § 403.19 and the ordinance governing the Urban Renewal Plan. 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 with respect to the Improvements: A. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until the Improvements are 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. C. During construction of the Improvements and thereafter until the MAA termination date 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. D. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. E. Until the MAA termination date Company will maintain, preserve and keep the Project Property, 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. F. The Project Property will have an assessed value as set forth in the MAA and any amendments thereto, and Company agrees that the minimum actual value of the Project Property and completed Improvements as stated in the MAA and any amendments thereto will be a reasonable estimate of the actual value of the Project Property and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Project Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Project Property and Improvements as set forth in the MAA and any amendments thereto. 7 Page 134 of 435 G. Until the MAA termination date Company agrees that (1) it will not undertake, in any other municipality in Black Hawk County, the construction or rehabilitation of any commercial property as a primary location for Company's business operations of the type to be conducted on the Project Property, and (2) it will make no conveyance, lease or other transfer of the Project Property or any interest therein that would cause the Project Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. H. 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 Property conveyed to it. 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 Property that is determined by any tax official to be applicable to the Project Property 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 Property. 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. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents 8 Page 135 of 435 to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 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 bylaws 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. Assuming due authorization, execution and delivery by the other parties hereto, this Agreement 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. F. 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 Toss or damage to property or any injury to or death of any person occurring at or about the Project Property arising after Company's acquisition of the same 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 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 any willful misrepresentation, any willful misconduct, 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 9 Page 136 of 435 whatsoever that arises or purportedly arises from (1) any violation of any agreement 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) the acquisition and condition of the Project Property and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Project Property, but only to the extent such liability has not been previously transferred to and accepted by the City in writing. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 13. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Project Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 5% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 14. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Project Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 15. 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, any part of the Project Property, or this Agreement, without the prior written consent of City; 10 Page 137 of 435 C. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against any of the Project Property; D. 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; E. 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 any of Property. F. 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. 16. 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 as set forth in this Agreement. 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 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 11 Page 138 of 435 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. 17. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 18. 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. 19. 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. 20. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. 12 Page 139 of 435 (b) if to Company, at Grant Park LLC, 2117 Falls Avenue, Waterloo, Iowa, Attention: Howard Allen. 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) four (4) 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 13 Page 140 of 435 26. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 27. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 28. 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. 29. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor Inward L: Allen, Managing ember GRANT PARK, L.L.C. / Attest: Kelley Felchle, City Clerk PERSONAL GUARANTY. The undersigned members and/or managers of Company hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein, if any. Liability of guarantors hereunder is joint and several. %c C Howard L. Allen 14 Page 141 of 435 EXHIBIT "A" Legal Description of Property Lot 4 in Crossroads Plat No. 2, Waterloo, Black Hawk County, Iowa; and Lot A-3 in Crossroads Plat No. 4, a Replat of Tract A in Crossroads Plat No. 2, Waterloo, Black Hawk County, Iowa. Page 142 of 435 EXHIBIT "A-1" Legal Description of City Property [to be provided] Page 143 of 435 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2023, by and among the CITY OF WATERLOO, IOWA ("City"), GRANT PARK, L.L.C. ("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 (the "Project Property"), described in Exhibit "A" and Exhibit "A-1" 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 within the City and within the Crossroads Waterloo Urban Renewal and Redevelopment Plan area, including the construction of certain improvements as described in the Development Agreement (the "Minimum Improvements") on the Project Property (the "Project"); and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the Project Property and the Minimum Improvements to be constructed thereon by Company pursuant to the Development Agreement, 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 Minimum 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 Minimum Improvements by Company, the minimum actual taxable value which shall be fixed for assessment purposes for the Project Property and Minimum Improvements to be constructed thereon by Company as a part of the Project shall not be less than $2,200,000.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Minimum Improvements will be substantially completed by the date set forth in the Development Agreement, and in any case if the Minimum Improvements are not substantially completed by December 31, 2024 the parties agree to execute an amendment to this Agreement that will extend the date specified in Section 2 below. Page 144 of 435 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, 2044. The Minimum Actual Value shall be maintained during such period regardless of: (a) any failure to complete the Minimum Improvements; (b) destruction of all or any portion of the Minimum Improvements; (c) diminution in value of the Project Property or the Minimum Improvements; or (d) any other circumstance, whether known or unknown and whether now existing or hereafter occurring. 3. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to all and any parts of the Project Property and the Minimum Improvements pursuant to the provisions of this Agreement and the Development Agreement. Such tax payments shall be made without regard to any loss, complete or partial, to the Project Property or the Minimum Improvements, any interruption in, or discontinuance of, the use, occupancy, ownership or operation of the Project Property or the Minimum Improvements by Company or any other matter or thing which for any reason interferes with, prevents or renders burdensome the use or occupancy of the Project Property or the Minimum Improvements. 4. Company agrees that its obligation to make the tax payments required hereby, to pay the other sums provided for herein, and to perform and observe its other agreements contained in this Agreement shall be absolute and unconditional obligations of Company (not limited to the statutory remedies for unpaid taxes) and that Company shall not be entitled to any abatement or diminution thereof, or set off therefrom, nor to any early termination of this Agreement for any reason whatsoever. 5. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, 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 Minimum Improvements in excess of the Minimum Actual Value. 6. Company agrees that during the term of this Agreement it will not: (a) seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute relating to the taxation of property contained as a part of the Project Property or the Minimum Improvements determined by any tax official to be applicable to the Project Property or the Minimum Improvements, or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; or (b) seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state 2 Page 145 of 435 law, of the taxation of real property, including improvements and fixtures thereon, contained in the Project Property or the Minimum Improvements; or (c) request the Assessor to reduce the Minimum Actual Value; or (d) appeal to the board of review of the city, county, state or to the Director of Revenue of the State of Iowa to reduce the Minimum Actual Value; or (e) cause a reduction in the actual value or the Minimum Actual Value through any other proceedings. 7. 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. 8. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 9. 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. 10. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 3 Page 146 of 435 CITY OF WATERLOO, IOWA By: By: GRANT PARK, L.L.C. t (_ Quentin Hart, Mayor Howard L. Allen, Managing Member Kelley Felchle, City Clerk STATE OF IOWA COUNTY OF BLACK HAWK ) ss. On this day of , 2023, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed 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 4 Page 147 of 435 STATE OF IOWA COUNTY OF BLACK HAWK ) ss. Subscribed and sworn to before me on Ju-+-1c-- Z to , 2023 by Howard I. Allen as Managing Member of Grant Park, L.L.C. LETITIA S PINES COMMISSION NO. 805311 MY COMMISSION EXPIRES JULY 13, 2023 5 Page 148 of 435 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the Minimum Improvements to be constructed and the market value assigned to the land upon which the Minimum 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 described in the foregoing Minimum Assessment Agreement, certifies that the actual value assigned to that land and improvements upon completion shall not be less than Two Million Two Hundred Thousand and 00/100 Dollars ($2,200,000.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2023 by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 149 of 435 c a) a) d J K Noe Anderson, City of Waterloo 0 N z 0 0 City of Waterloo is O a 0. 2 0 William W. Castle 0 N y O 0 (0 M a) E a Q 0) a) (h a) ° 0 '0 U) (0 C C c Q) N "- a) X co- o 0 c .'-, _ 3 o O co.' L 1 Z a co co Foo O _a Q c0 Q Q J 0 .0 N -C (a .E o '' -o (v a.) p Z O .CD -C :, coC O O N Ua) 4� n. O .c o U} C ]G RI(0 O 0 v {j c w c Q) N MIo co 0 c M I(V t% N 0N ti 0 m p >, to .ca N a) a) o � a RI �o a) N 0 1-413 :51- ai O t r o o c .c o .c lil 0 CL .' Z ro _ o _c-° 0 L 1-� 00 LU 0 0M a) co a) U .Q O ea d o o 0 [0 _J O Ti c J (b ..: 0 � a) 70 a" ° Q U a (n o rn a a))g- o) I-- ..c c0 (ri 0 00 0 0 o o N a) 0 10 c Q) N � ({) O U) U N 0 4-N OU N 0 O C 0 N Q) (D +O+ Co .r. Li_ •R. '0 r ` fit) .- O : C C;pc43 C O C v a c c. - r .c a a) .._, c .c .c .c »' CD 4-- -C O Q7 7 a) 'C 'C O p E D U) p Z Z 0 CI om1° o co U c f0 C C C c a) J Q ix a m c) z -c a 0) •C c CO3) 0) a) C .0 O_ a) ..0 O 0 N a) a) > a) s 0 ;O 0) 0) c O 0 0 co 7 (0 W 10 10 r 0 N a) U y-. • COJ (0 0 N 0 0 A a) 0 a) a) 0 c a) E 0) m a) U Q (0 r) c a) m (0 0 a (0 to 0 n has been reviewed by N 0 z G7 0 0 N a)� N CD >, L co 0 c .0 ❑ LL Date Drawn: 7-5-2023 William W. Castle, PLS City of Waterloo Engineering Department 716 Mulberry St, Waterloo, IA S0703 (319) 29t-4312 L o O • U CO 4--0(0 1-*m 1., O N as 0 N O y co ""a") mom ce co 0 p r 00 C ti 0 0 b m W 2 r 0. M02i Cldiidld ,08 QWAJ7nos SQVOHSSOLIO T 4.9vL0 4 M .40 40.94 S) y ,94'L0L M.00,9E.0P 8 1N3i 129V3 %lnlln .0£ O3flV1d 0 (.60'9ZZ M ..9 4.00.017 S) g'y .00'5ZZ 3 ..99.I£08I S {3,9'64 L M .91,00.94 S) r .00.094 M .99,4£.84 S EL-88-Z' 17/6 3S „d„ 73O8Vd o•cf. •‹cZ cn 0 co eL 0 IL(M.94,00.94 S) M .99,4C.94 S C,9z'9L) a ,00'9L .L L9L VMOI. dtl0 MO113RIM ave3a . CA (.60'9ZZ 3 .,94,00o9b N) (03n213S3L1)1N316V3SV3 /.illln On9nd .04 0 CZ£'9ZZ 3.1.9,99.LP N) s Z£'9ZZ 3 .99,4£.94 N re Ork mU (Z617IlVMH9IH VMOI d13V IOd) 3AIWIa NVNL1VIN NVS 1SV a ra QmLL6 O In La In taN0re0 U q O m 07, 0o • 4 3 U u. • a®II4 LI 0 cc C1 z 0 CO A N v VI N m N Q M N e� Q m 1-1 Z z N N m tD m N ni N Q co m 9i (4 40 N N N Q w z 0 4 b m 0 rn 40 O "k m r-e o-P mo .-t m 0 N 17. V iV a z rl !V cri A A N 4Ni C4 crt n N A n 0) N N a N N S� O � N N fV V a e-4 N N V V N N ✓ . e-[ N N V V N N a V .-0 cal CC 1) u N m 6 40 Page 151 of 435 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE July 17, 2023 AGENDA ITEM TITLE Motion approving Final Quantity Summary with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of $10,507.57, in conjunction with the FY 2022 Sergeant Road Trail Bridges No. 2 and No. 3 Replacement, Contract No. 1070, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approve Final Quantity Summary SUMMARY STATEMENT AND BACKGROUND INFORMATION This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the project, which results in a net to the total project cost. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 152 of 435 None Page 153 of 435 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE July 17, 2023 AGENDA ITEM TITLE Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of $338,171.77, in conjunction with the FY Sergeant Road Trail Bridges No. 2 and No. 3 Replacement, Contract No. 1070, and receive and file a two-year maintenance bond. RECOMMENDED COUNCIL ACTION Approve completion of project. SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 154 of 435 None Page 155 of 435 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE July 17, 2023 AGENDA ITEM TITLE Motion approving Final Quantity Summary with Aspro, Inc., of Waterloo, Iowa, for a net decrease of $233,835.49, in conjunction with the FY 2022 Street Reconstruction Program, Contract No. 1057, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approve Final Quantity Summary SUMMARY STATEMENT AND BACKGROUND INFORMATION This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the project, which results in a net decrease to the total project cost. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Final Quantity Summary - Contract 1057 Page 156 of 435 Page 157 of 435 CITY OF WATERLOO, IOWA FINAL QUANTITY SUMMARY PROJECT: F.Y. 2022 STREET RECONSTRUCTION PROGRAM CONTRACT NO. 1057 Date Prepared: June 21, 2023 AMOUNT: $233,835.49 DECREASE TO: ASPRO, INC. , Contractor You are hereby ordered to perform the following extra work on your contract dated March 21, 2022 A. Description of extra work to be done: Adjust original construction quantities to actual construction quantities. B. Reason for ordering extra work: As -built quantities varied for some bid items C. Settlement for cost of extra work to be made as follows: Compensation already made to contractor through bid items. See attached summary. TOTAL DECREASE $233,835.49 BY: ASPRO, INC. Mayor Date CONTRA BY: b -2J.- 23 ATTEST: TITLE: VP j 4 ,ct , CM( uA Date City Clerk Date APPROVED: y Engineer FINAL QTY. SUMMARY Cont #1057 Sheet 1 of 1 Page 158 of 435 7/5/202 [FY 2022 STREET RECONSTRUCTION PROGRAM CONTRACT NO.1057 DIVISION I BID ITEM 1FINAL QUANTITY SUMMARY DESCRIPTION ELAN QTY ......_, TOTAL FINAL QTY INCREASE DECREASE QTY INCREASE DECREASE COST [ UNIT UNIT$ /DIVISION 2 - EARTHWORK 1 Z TOPSOIL, 4 INCHES, ON OR OFF SITE SY $10.40 7,772.00 4,934.50 5,291.00 (2,837.501 2,740.00 ($29,510.00) $30,551.00 TOPSOIL, 4 INCHES, OFF SITE SY $11.15 2,551.00 3 EXCAVATION, CLASS 10, BELOW GRADE CY $60.00 560.00 0.00 (560.00) ($33,600.00) 4 SUBGRADE TREATMENT, WOVEN GEOTEXTILE OR GEOGRID SY $5.00 14,551.00 2,594.80 (11,956.20) ($59,781.00) 5 SUBBASE, MODIFIED, 12 INCH SY $17.75 21,082.00 21,082.00 0.00 $0.00 6 SUBBASE, MODIFIED, 8 INCH SY $12.75 10,202.00 105.00 10,202.00 105.00 0.00 0.00 $0.00 $0.00 7 SUBBASE, MODIFIED, 4 INCH SY $17.00 ($92,340.00) SUBTOTAL BASE BID EARTHWORK DIVISION 4 - SEWERS AND DRAINS - SANITARY 8 SANITARY SEWER GRAVITY MAIN, TRENCHED, TRUSS, 12INCH LF $160.00 40.00 47.00 7.00 $1,120.00 9 SANITARY SEWER GRAVITY MAIN, TRENCHED, TRUSS, 10 INCH LF $95.00 405.00 405.00 0.00 $0.00 10 SANITARY SEWER GRAVITY MAIN, TRENCHED, TRUSS, 8 INCH LF $90.00 931.50 956.00 24.50 $2,205.00 11 SANITARY SEWER SERVICE STUB/RENEW, S0R 23.5, 6 INCH LF $98.00 1,259.00 1,307.50 48.50 54,753.00 12 REMOVE AND REPLACE SANITARY SEWER, 12 INCH LF $430.00 15.00 16.00 1.00 $430.00 13 14 SANITARY SEWER SERVICE, TRACE EACH $625.00 5.00 0.00 5.00 (5.00) (3.001 {$3,125.00) {$1,275.00) SANITARY SEWER SERVICE, DYE TEST INVESTIGATION EACH $425.00 8.00 15 SANITARY SEWER SERVICE, UNDERGROUND INVESTIGATION EACH $1,700.00 2.00 0.00 (2.00) {$3,400.00) 16 KILL SANITARYSEWERSERV10E EACH $1,250.00 1.00 1.00 0.00 $0.00 17 CLASS 10, SPECIAL SUBGRADE MATERIAL CY $55.00 100.00 0.00 (100.00) {$5,500.00) 4001 SANITARY SERVICE INVESTIGATION - - 220 WEBSTER STREET LS $164.78 1.00 1.00 0.00 $0.00 DIVISION 6 -- STRUCTURES FOR SANITARY SEWERS 2.00 (1.00) ($5,500.00) 18 MANHOLE, SW-301, 48" EACH $5,50(1.00 3.00 19 REMOVE MANHOLE, SANITARY EACH $800.00 4.00 3.00 (1.00) ($800.00) 20 CONNECTION TO EXISTING STRUCTURE, PIPE EACH $1,500.00 2.00 1.00 (1.00) {$1,500.00) 21 MAJOR ADJUSTMENT, MANHOLE W/ SW-601 TYPE A CASTING & CITY OF WATERLOO COVER EACH $2,500.00 2.00 1.00 (1.00) ($2,500.00) 22 MINOR ADJUSTMENT, MANHOLE W/ SW-601 TYPE A CASTING & CITY OF WATERLOO COVER EACH $1,900.00 20.00 14.00 (6.00) ($11,400.00) SUBTOTAL BASE BID SANITARY SEWER ($26,492.00) 23 DIVISION 4 - SEWERS AND ❑RAINS - STORM STORM SEWER, TRENCHED, RCP 2000D, 24 INCH LF $181.50 19.00 20.00 1.00 $181.50 24 STORM SEWER, TRENCHED, RCP 2000D, 21 INCH LF $125.00 159.00 153.00 {6.00) ($750.00) 25 STORM SEWER, TRENCHED, RCP 20000, 18 INCH LF $115.00. 209.00 195M0 (14.00) ($1,610.00) 26 STORM SEWER, TRENCHED, RCP 2000D, 15 INCH LF $70.00 490.00 436.50 {53.50) ($3,745.00) 27 STORM SEWER, TRENCHED, RCP 2000D, 12 INCH LF $66.00 1,010.00 1,016.10 6.10 $402.60 28 STORM SEWER, TRENCHED, PVC SDR 23.5, 6 INCH LF $60.00 20.50 12.00 (8.50) {$510.00) 29 REMOVAL OF STORM SEWER, RCP, LESS THAN OR EQUAL TO 36 INCH LE $18.50 1,548.00 1,360.90 (187.10) ($3,461.35) 30 STORM SEWER ABANDONMENT, FILL AND PLUG, 8 INCH LF $65.00 102.00 0.00 [ (102.00) ($6,630.00) 31 REMOVAL OF EXISTING DRAIN TILE LF $10.00 186.00 179.00 (7.00) ($70.00) 32 SUBDRAIN, TYPE SP, 6 INCH LF $13.00 14,497.00 14,048.00 (449.00) ($5,837.00) 33 SUBDRAIN OUTLETS, CMP, 6INCH EACH $400.00 91.00 97.00 6.00 $2,400.00 34 SUBDRAIN CLEANOUT, TYPE 1-A, 6 INCH E EACH $1,250.00 22.00 21.00 (1.00) ($1,250.00) 35 STORM SEWER SERVICE STUB, TYPE S, 4 INCH LF $14,00 396.00 377.00 (19.00), ($266.00) 36 DIVISION 6 - STRUCTURES FOR STORM SEWERS MANHOLE, SW-401, 48" EACH $5,500.00 11.00 11.00 0.00 $0.00 37 MANHOLE, SW-401, 60" EACH $6,600.00€ 2.00 2.00 0.00 $0.00 38 MANHOLE, SW-401, 72" EACH $9,200.00 1.00 1.00 0.00 ' $0.00 39 MANHOLE, SW-402 EACH $6,000.00 1.00 1.00 0.00 $0.00 40 MANHOLE, SW-406, 48x48 EACH $6,100.00 4.00 4.00 0.00 $0.00 41 MANHOLE, SW-406, 48x72 EACH $8,600.00 2.00 2.00 0.00 $0.00 42 INTAKE, SW-501, SINGLE GRATE EACH $5,300.00 18.00 21.00 3.00 $15,900.00 43 44 INTAKE, SW-505, DOUBLE GRATE EACH $6,350.00 21.00 20.00 (1.00) ($6,350,00) INTAKE, SW-541 EACH $8,600.00 3.00 3.00 0.00 $0.00 45 INTAKE, SW-542 EXTENSION UNIT EACH $4,500.00 3.00 3.00 0.00 $0.00 46 47 INTAKE, SW-545 W/ 14' LO EACH $8,400.00 2.00 3.00 2.00 0.00 $0.00 CONNECTION TO EXISTING STRUCTURE, PIPE EACH $1,650.00 3.00 0.00 $0.00 48 CONNECTION TO EXISTING INTAKE, PIPE OR STRUCTURE, DRAIN TILE EACH $700.00 22.00 23.00 1.00 $700.00 49 REMOVE MANHOLE OR INTAKE, STORM EACH EACH $625.00 $3,000.00 59.00 55.00 (4.00) ($2,500.00) 50 MINOR ADJUSTMENT, INTAKE, SW-501 2.00 2.00 0.00 $0.00 51 52 LMINOR ADJUSTMENT, INTAKE, SW-505 EACH $3,500.00 10.00 8.00 (2.00) ($7,000.00) MINOR ADJUSTMENT, INTAKE, SW-509 EACH 54,000.00 1.00 1.00 0.00 50.00 53 54 1001 SUBTOTAL BASE MINOR ADJUSTMENT, MANHOLE, SW-401 W/ SW-602 TYPE E CASTING & CITY OE WATERLOO COVER EACH $1,550.00 6.00 4.00 (2.00) {$3,100.00) MAJOR ADJUSTMENT, MANHOLE, SW-401 W/ SW-602 TYPE E CASTING & CITY OF WATERLOO COVER EACH $4,400.00 1.00 1.00 0.00 ; $0.00 INTAKE, SW-512, 24" 0IA w/SW-604 TYPE 38 CASTING EACH $3,300.00 1.00 1.00 0.00 [ $0.00 BID STORM SEWER :�CONT 1057 - FY 2022 Street Reconstruction Program Page 159 of 14V FY 2022 STREET RECONSTRUCTION PROGRAM CONTRACT NO.1057 DIVISION I FINAL QUANTITY SUMMARY BID ITEM DESCRIPTION PLAN TOTAL FINAL INCREASE DECREASE INCREASE DECREASE UNIT UNITS QTY QTY QTY COST DIVISION 5 - HATER MAINS AND APPURTENANCES 55 WATER SERVICE PIPE, COPPER, 3/4 INCH LF $80.00 65.00 53.50 (11.50) ($920,00) 56 WATER SERVICE CORPORATION, 3/4 INCH EACH $550.00 1.00 2.00 1.00 $550.00 57 WATER SERVICE CURB STOP, 3/4 INCH EACH $550.00 2.00 1.00 (1.00) ($550.00) 58 WATER SERVICE CURB BOX, 3/4 INCH EACH $550.00 2.00 2.00 0.00 $0.00 59 CONVERT WATER VALVE MANHOLE TO ROADBOX EACH $1,000.00 1.00 0.00 (1.00) ($1,000.00) 60 'WATER SERVICE TAP, 3/4 OR 1 INCH EACH $750.00 1.00 0.00 (1.00) ($750.00) 61 WATER SERVICE K(LL EACH EACH $880.00 11.00 8.00 1.00 (3.00) 0.00 ($2,640.00) $0.00 62 LOWER WATER SERVICE, 3/4" OR 1" $2,650.00 1.00 63 WATER SERVICE, UNDERGROUND INVESTIGATION EACH $1,000.00 $1,650.00 5.00 3.00 5.00 0.00 0.00 (3.00) $0.00 ($4,950.00) 64 INSULATE EXISTING COPPER WATER SERVICE EACH 2001 WATER SERVICE RENEW, COMPLETE, 514 ONEIDA STREET LS $4,537.50 1.00 1.00 0.00 $0.00 SUBTOTAL BASE BID WATER APPURTENANCES ($10,260.00) DIVISION 7 - STREETS AND RELATED WORK PCC PAVEMENT 65 PAVEMENT, PCC, 9 INCH, M-4, CL 3 AGG 5Y $63.00 80.70 80.70 0.00 $0.00 SIDEWALKS, SNARED USE PATHS AND DRIVEWAYS 66 REMOVAL OF SIDEWALKAND DRIVEWAY SY 5Y $7.50 $16.50 2,562.50 325.60 2,562.50 268.40 0.00 (57.20) $0.00 ($943.80) 67 REMOVAL OF SIDEWALK, MISCELLANEOUS 68 SIDEWALK, PCC, 4 INCH, C-4 5Y 5Y $50.50 $52.00 435.00 419.90 355.70 419.40 (79.30) (0.50) ($4,004.65) ($26.00) 69 SIDEWALK, PCC, 6 INCH PEDESTIAN RAMP, C-4 70 SIDEWALK, PCC, COLORED, GRAY, STAMPED, 6 INCH SY $100.00 9.90 9.90 0.00 $0.00 71 DETECTABLE WARNING SF 5Y 545.50 554.00 485.00 69.90 (69.00) (17.90) ($3,139.50) ($1,109.80) 72 DRIVEWAY AND SIDEWALK, PAVED, PCC, 8 INCH, M-4 $62.00 87.80 73 DRIVEWAY AND SIDEWALK, PAVED, PCC, 6 INCH, C-4 SY $52.00 1,187.90 1,230.50 42.60 $2,215.20 74 DRIVEWAY AND SIDEWALK, PAVED, PCC, 5 INCH, C-4 5Y $51.00 851.80 891.00 39.20 $1,999.20 75 DRIVEWAY, PAVED, ACC, 6" TON $185.00 4.10 17.98 13.88 $2,567.80 76 DRIVEWAY, ROCK, 3/4 INCH ROADSTONE TON $60.00 83.60 81.33 (2.27) ($136.20) PAVEMENT REHABILITATION 77 PAVEMENT REMOVAL, CONCRETE SY $7.35 27,914.00 27,914.00 0.00 $0.00 SUBTOTAL STREETS AND RELATED WORK ($2,577.75) DIVISION 8 - PAVEMENT MARKINGS AND TRAFFIC CONTROL 78 PAVEMENT MARKINGS PAINTED PAVEMENT MARKINGS, SOLVENT/WATERBOURNE STA $125.00 14.24 8.22 (6.02) ($752.50) 79 PRECUT SYMBOLS AND LEGENDS EACH EACH $835.00 $295,00 6.00 23.00 6.00 18.00 0.00 (5.00) $0.00 ($1,475.00) 80 THERMOPLASTIC CROSSWALK BARS, 5 FT X 2 FT 81 THERMOPLASTIC CROSSWALK BARS, 10 FTX 2 FT EACH $485.00 10.00 10.00 0.00 $0.00 82 TEMPORARY TRAFFIC CONTROL TEMPORARY TRAFFIC CONTROL L LS 1- $0.00 $45,500.00 1.00 1.00 0.00 83 84 DIRECTIONAL SIGNS, PER DETAILS TEMPORARY BARRIER RAIL, PLACE AND REMOVE EACH LF $130.00 $115.00 32.00 40.00 33.00 37.50 1.00 (2.50) $130.00 ($287.50) SUBTOTAL PAVEMENT MARKINGS AND TRAFFIC CONTROL ($2,385.00) DIVISION 9 - SITE WORK AND LANDSCAPING SEEDING _ ......... .......... 85 86 HYDRAULIC SEEDING, SEEDING, FERTILIZING AND MULCHING SY SY $3.45 $3.25 10,464.00 10,464.00 11,887.40 0.00 1,423.40 (10,464.00) $4,910.73 ($34,008.00) WARRANTY 3001 WARRANTY SEEDING - CONTRACT 1023 SY $3.58 365.00 365.00 0.00 $0.00 EROSION AND SEDIMENT CONTROL 87 88 EROSION CONTROL MULCHING, HYDROMULCHING SY EACH $3.25 $750.00 7,496.00 53.00 4,907.40 56.00 (2,588.60) 3.00 ($8,412.95) $2,250.00 INLET PROTECTION DEVICE, INTERMEDIATE AND DROP IN 89 INLET PROTECTION DEVICE, INTERMEDIATE AND WATTLE EACH $300.00 19.00 3.00 (16.00) ($4,800.00) 90 'INLET PROTECTION DEVICE, MAINTENANCE EACH $100.00 59.00 3.00 (56 00) ($5,600.00) ($45,660.22) SUBTOTAL SITE WORK AND LANDSCAPING DIVISION 11 - MISCELLANEOUS CONSTRUCTION SURVEY LS $50,500.00 1.00 1.00 0.00 $0.00 91 92 SAW CUT LF 58.50 1,812.00 1,886.50 74.50 0.00 (72.00) $633.25 $0.00 ($5,040.00) 93 94 TEMPORARY ACCESS, 3 INCH MINUS MACADAM, 6 INCH, PLACE, MAINTAIN, REMOVE & RESTORE SY $26.50 r $70.00 357.00 384.00 357.00 312.00 TEMPORARY ACCESS, HMA, PLACE, MAINTAIN, REMOVE & RESTORE S SY SUBTOTAL MISCELLANEOUS j ($4,406.75) TOTAL BASE BID C i ($207,616.97) 7/5/2023 L:\CONT 1057 - FY 2022 Street Reconstruction Program\1057 FINAL QTY SUMMARY Page 160 of 241e FY 2022 STREET RECONSTRUCTION PROGRAM CONTRACT NO.1057 DIVISION I FINAL QUANTITY SUMMARY BID ITEM DESCRIPTION PLAN TOTAL FINAL INCREASE DECREASE INCREASE DECREASE UNIT UNIT $ QTY QTY QTY COST DIVISION 7 - STREETS AND RELATED WORK .ALTERNATE A - HNA 1A PAVEMENT, MA 1.5", STANDARD TRAFFIC(ST) SURFACE, 1/2" MIX, PG 58- 128S, 75% CR., NO FRICTION REQD. SY $12.20 23,584.30 23,584.30 0.00 $0.00 2ASY PAVEMENT, HMA, 1.5", STANDARD TRAFFIC(ST) INTERMEDIATE, 1/2" MIX, PG 58-28S, 60% CR. $11.90 11,859.30 11,859.30 0.00 $0.00 3A PAVEMENT, HMA, 3", STANDARD TRAFEIC(ST) INTERMEDIATE, 1/2" MIX, PG 58-28S, 60% CR. SY 522.40 11,725.00 11,725.00 0.00 $0.00 4ASY PAVEMENT, I IMA, 3", STANDARD TRAFFIC(ST) BASE, 3/4' MIX, PG 58-28S, 60% CR, $21.35 23,584.30 23,584.30 0.00 $0.00 5A PAVEMENT, DMA 2", STANDARD TRAFFIC (ST) SURFACE, 1/2" MIX, PG 58- 285, 75% CR., OVER 6" MODIFIED SUBBASE, REMOVE & REPLACE SY $84.35 42.80 42.00 (0.801 ($67.481 6A CURB AND GUTTER, 30 IN WIDE, 6 IN THICK, C-4, CL 3 AGG LE $20.85 7,736.00 7,280.00 (456.00) ($9,507.60) 7A CURB AND GUTTER, 30 IN WIDE, 6 IN THICK, M-4, CL 3 AGG LE $24.75 354.00 371.00 17.00 $420.75 8A CURB AND GUTTER, 30 IN WIDE, 7.5 IN THICK, C-4, CL 3 AGG LE $22.00 7,318.00 7,048.00 (270.00}I 05,940.001 9A HMA PAVEMENT SAMPLES AND TESTING LS $5,500.00 1.00 0.00 (1.00) ($5,500.00) 10A EXCAVATION, CLASS 10 CY $15.25 11,517.00 11,451.00 (66.00) 01,006.501 11A CONCRETE WASHOUT LS $1,540.00 1.00 0.00 (1.00) ($1,500.001 12A COLD WEATHER CONCRETE PROTECTION SY $9.25 445.00 109.00 (336.00) ($3,108.00} 13A LINSEED OIL TREATMENT SY $9.50 445.00 574.70 129.70 $1,232.15 SUBTOTAL ALTERNATE A {$24,976.68) DIVISION I -BASE BID + ALTERNATE A (5232,593.6S) DIVISION II - WATERLOO WATER WORKS 1 TOPSOIL, 4 INCHES, OFF SITE SY $11.15 364.00 0.00 (364.00) ($4,058.60) 2 SUBBASE, MODIFIED, 12 INCH THICK SY $17.75 128.00 128.00 0.00 $0,00 3 PAVEMENT, PCC, 8 INCH, C-4, CL 3 AGG SY $65,00 112.90 112.90 0.00 $0.00 4 PAVEMENT REMOVAL, CONCRETE SY $7.35 96.00 96.00 0.00 1 $0.00 $0.00 5 SAW CUT LF $8.50 85.00 85.00 0.00 1 6 TEMPORARY TRAFFIC CONTROL LS $2,000.00 1.00 1.00 0.00 $0.00 7 HYDRAULIC SEEDING, SEEDING, FERTILIZING AND MULCHING SY $3.45 125.00 371.70 246.70 $851.12 REMOVAL OF SIDEWALK, MISCELLANEOUS SY $16.50 0.00 26.70 26.70 $440.55 S SIDEWALK, PCC, 4 INCH, C-4 SY $50.50 0.00 30.20 30.20 $1,525.10 DIVISION 11 TOTAL ($1,241.I34) TOTAL DIVISION I + DIVISION El (5233,835.49) ORIGINAL CONTRACT $4,550,657.07 CHANGE ORDER NO. $3,300.00 CHANGE ORDER NO. 2 $4,537.50 C CHANGE ORDER NO. 3 $1,306.70 CHANGE ORDER NO. 4 5164.78 FINAL QUANTITY SUMMARY ($233,835.49) TOTAL FINAL CONTRACT AMOUNT $4,326,130.56 PAYMENTS MADE TO CONTRACTOR ESTIMATES 1-19 $4,109,824.03 R RETAINAGE $216,306,53 $4,326,130.56 TOTAL PAID CONTRACTOR 7/5/2023 MONT 1057 - FY 2022 Street Reconstruction Program \1057 FINAL QTY SUMMARY Page 161 of34V CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE July 17, 2023 AGENDA ITEM TITLE Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Aspro, Inc., of Waterloo, Iowa, in the amount of $4,326,130.56, in conjunction with the FY 2022 Street Reconstruction Program, Contract No. 1057, and receive and file a two-year maintenance bond. RECOMMENDED COUNCIL ACTION Approve completion of project. SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 162 of 435 1. Contract 1057 Maintenance Bond Page 163 of 435 MAINTENANCE BOND ALL MEN BY THESE PRESENTS: Bond No. 2330223 That, Aspro, Inc. of Waterloo, IA as Principal, and the Swiss Re Corporate Solutions America Insurance Corporation as Surety, are held and firmly bound unto Clty of Waterloo in the penal sum of Four Million Three Hundred Twenty-six Thousand One Hundred Thirty & 56/100 ($ 4,326,130.56 ) Dollars, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Whereas the said Principal entered into a certain contract, with Clty of Waterloo, Iowa To furnish all the material and labor necessary for the construction of FY 2022 Street Reconstruction Program, Waterloo, Iowa., Contract No. 1057 in Waterloo, IA In conformity with certain specifications; and Whereas a further condition of said contract is that the said Principal should furnish a bond in indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of Two (2) years from date of acceptance of the work under said contract; and Whereas the said Swiss Re Corporate Solutions America Insurance Corporation for a valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of Waterloo Now, therefore, the condition of this obligation is such, that if the said Principal shall, at his own cost and expense, remedy any and all defects that may develop in said work within the period of Two (2) years from the date of date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work and shall keep all work in continuous good repair during said period, and shalt in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise, to be and remain in full force and virtue in law. In Witness whereof, we have hereunto set our hands and seals this day of June , 2023 . 23rd Swiss Re Corporate Solutions America Insurance Corporation Surety By: Cindy Bennett 1200 Main Street, Suite 800 Address Kansas City, MO 64105.2478 Attorney -in -Fact Page 164 of 435 SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC") SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC") WESTPORT INSURANCE CORPORATION ("WIC') GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint: JAY D. FREIERMUTH, CRAIG E. HANSEN, BRIAN M. DEIMERLY, CINDY BENNETT, ANNE CROWNER, TIM McCULLOH, STACY VENN, DIONE R. YOUNG, STACIE CHRISTENSEN, SETH ROOKER, JENNIFER MARINO, JOSEPH TIERNAN, KATE ZANDERS, and SARA HUSTON JOINTLY OR SEVERALLY Its tnie and lawful Attorneys) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the l8th of November 2021 and WIC by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant Secretary be, and each or any of their hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to anv bond, undertaking or contract of surety to which it is attached." `°Rfi• KSPR ': l•' G ' �4/ ' G ct` S E A I_)!; S E A L 1973 i3'. Yoe• n I , d..4 ljfssou.1" Ase . . i,�Ssov�`�'a°b`' v U q�y a sss� \ti By ., �'''rs,,,,*'„i�•'"� S *� N��'�, Gerard Jagrois-ski, Vice PresidenlofSRCSAIC & Vice President ofSRCSPIC & vice President of WIC By Erik Janssens, Senior Vice President of SRCSAIC & Senior Vice President of SRCSPIC & StormVice President of WIC IN WITNESS WHEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 17IH day of JANUARY 20 23 Swiss Re Corporate Solutions America Insurance Corporation State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation County of Cook ElWestport Insurance Corporation On this 17TH day of JANUARY 20 23 , before me, a Notary Public personally appeared Erik Janssens , Senior Vice President of SRCSAIC and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Jagrowski , Vice President of SRCSAIC and Vice President of SPCSPIC and Vice President of WIC, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. — —OFFICIAL SEAL C11R1B11NA MMhSCO t NOTARY PUBLIC,BWAttQFUP*Ui6 ' tiIIIOtoni tamiidn F.+yke! Mardi 26L WM ,���tal►twGB I, Jeffrey Goldberg, the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC, do hereby certify that the above and foregoing is a tnie and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 23rd day of June , 2023 . Jeffrey Goldberg, Senior Vice President & Assistant Secretary of SRCSAIC and SRCSPIC and WIC �rJ CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department July 17, 2023 AGENDA ITEM TITLE LeKeisha Veasley Board/Commission: Planning, Programming and Zoning Commission Expiration Date: 7/17/2026 New RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Boards and Commissions Application - LeKeisha Veasley Page 166 of 435 Date: 08/10/2022 BOARDS & COMMISSIONS APPLICATION RECEIVED AUG 1022 CITY OF WATERLOO, IOWA LeKeisha Veasley (Name) 1. Community Development Board 2, Planning, Programming & Zoning Commission , request to be appointed to (state preference): Home Phone: Cell Phone:319-239-0338 Work Phone:319-287-8455 Email Addresslekeishav@gmail.com / Iekeishaly@veridiancu.org Home Address4041 Crossway Drive Apt 106 EmployerVeridian Credit Union Employer Address 1616 Lafayette Street Zip Code50701 Title Community Inclusion Strategist Zip Cade 50703 How long have you resided in Waterloo? 42 yrs Email address: lekeishav@gmail.com List current membership in organizations and offices held: Current board member for Iowa Heartland Habitat for Humanity and Able Up Foundation of lowa I am available for meetings: CA.M, 0 P.M. Q Noon [✓ Evenings I am available to serve on a Board/Commission the entire year: ()Yes ONo If no, list months not able to serve: Briefly explain your qualifications for appointment to a designated Board/Commission: Please see biography and resume attached. Additional information and comments that may not be evident from information already on this form: Please see biography and resume attached. References (include phone numbers): Angela Weekley, Veridian Credit Union (319) 236-5619 Amela Saric, Veridian Credit Union (319) 235-0148 I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file for one calendar year from above date. / Signature Rev 0212012020 ,i or RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 FAX 291-4286; EMAIL: mayor@waterloo-ia.orcg; PHONE 291-4301 Page 167 of 435 LEKEISHA VEASLEY 4041 Crossway Drive Apt 106 Waterloo, TA 50703 319-504-9676 Lekeishav rr,gmai€.com EDUCATION Wartburg College Bachelor of Arts (BA) Major(s): Political Science & International Relations University of Northern Iowa Masters of Public Policy (MPP) Emphasis: State and Local Government PROFESSIONAL WORK EXPERIENCE VERIDIAN CREDIT UNION (Feb 2018-Current) Community Inclusion Strategist • Assist in developing and implementing action plans to accomplish community inclusion plans and strategic goals. • Develop and maintain relationships with individuals, groups, agencies, government and community offices, schools, colleges, and employers. • Research, identify, deliver products and services for value that will enhance and benefit members. • Coordinate, communicate, educate, and promote the value of credit union financial services and relationships to untapped markets by building public awareness and forming collaborative relationships. • Process and complete loans, IDA, ITIN, and membership applications. • Understand, support, and create an inclusive environment. OPERATION THRESHOLD (March 2005 - Feb 2018) Coordinator for Cedar Valley Campaign for Grade Level Reading (CGLR) • Manages a community -wide literacy collaborative to disrupt generational poverty. • Secures funding and other resources to implement community strategies and programming to promote literacy. • Builds partnerships with community stakeholders to advance the overall vision of CGLR. • Develop and implement marketing and outreach efforts to increase awareness of CGLR. Agency Data Team Manager • Develop and maintain agency's ROMA quality control plan. • Lead in aggregating qualitative/quantitative data for community needs assessment. • Educate and increase awareness of national organizational standards for Community Action Agencies (CM). • Ensure compliance with national organizational standards. Housing and Fair Lending Program Manager • Perform strategic planning and financial analysis, including assisting in preparation of project budgets to include staffing and program operational needs. • Responsible for day-to-day operational management of all activities and functions of housing counseling program. • Develop and direct the implementation of goals, policies, and standards to ensure HtJO/NFMC compliance. • Prioritize and allocate available program resources in conjunction with evaluating program and service delivery • Develop and implement marketing and outreach efforts to increase awareness of the program services. • Provide direct counseling services and classroom education to clientele. Page 168 of 435 EASTSIDE MINISTERIAL ALLIANCE (January 2006-2016) Site Coordinator - Volunteer Income Tax Assistance (VITA) • Responsible for volunteer recruitment and management for the VITA site • Conduct tax law and tax software training for volunteers. • Ensure quality tax preparation and timely filing of taxpayers' tax return. • Conduct quality review of each tax return completed. • Directly a -file all completed tax returns and resolves any tax returns that have been rejected by the IRS. • Promote the VITA program and increase awareness about Earned Income Credit and Child Tax Care Credit, NONPROFIT BOARD AND VOLUNTEER EXPERIENCE • Iowa Habitat for Humanity Board Member • Federal Home Loan Bank of Des Moines Advisory Council • Chairperson of the Cedar Valley Financial Education Committee • Iowa E,I.T.C. & Beyond Asset -Building Coalition • Iowa State Extension Council Board Nominating Committee • Board member of the Highway 63 Community Development Corporation • Board President of Iowa Homeownership Education Project TRAINING AND PROFESSIONAL CERTIFICATIONS National NeighborWorks America Training Institute • Professional Certificate Homeownership & Community Lending • Homeownership Counseling Certification for Program Managers and Executive Directors • Compliance with State and Federal Regulations Certificate • Professional Certificate of Foreclosure Prevention/Default Counseling • Fundamentals of Property Asset Management Certificate Association of Nationally Certified ROMA Trainers • National Results Oriented Management and Accountability (ROMA) Trainer lowa Community Action Association • Emerging Leaders' Institute for Training and Excellence Training Certification National Development Council Housing Development Finance Professional Certification • Homeownership Development Finance • Rental Housing Development Finance • Housing Development Finance: Problem Solving and Deal Structuring • Computer Spread Sheet Analysis for Housing Development CONFERENCE PRESENTATION$ AND PUBLIC SPEAKING EXPERIENCE • Iowa Finance Authority's Annual Housing Iowa Conference • Iowa Homeownership Education Project (IHOEP) Annual Conference • State Treasurers Iowa Women and Money Conference • Iowa Mortgage Association Annual Conference • Iowa Title Guaranty Annual Conference • University of Northern Iowa's Power of the Purse Seminar II Conference • Waterloo Human Rights Commission Conference on Race • Iowa Community Action Association Annual Conference **References Available Upon Request*** Page 169 of 435 .Weeea4a 6)7-.4* Lekeisha Veasley is the Community Inclusion Strategist for Veridian Credit Union. Prior to taking the Community Inclusion Strategist position, Ms. Veasley was employed with Operation Threshold Community Action Agency. During her employment she served in various position such as, Agency Data Manager, Dousing and Fair Lending Manager, and Director of Campaign for Grade Level Reading, Ms. Veasley received her Bachelor of Arts (BA) in Political Science and International Relations from Wartburg College and a Master of Public Policy from the University ofNorthern Iowa. She is a Certified Community Action Professional (CCAP) for demonstrating mastery in 21" century leadership, management, and addressing the causes of poverty, Lekeisha has a Housing Development Finance Professional Certification from the National Development Council. Ms. Veasley also possesses a Community Lending & Homeownership Professional Certification from NcighborWorks America Training Institute. She also is a certified home -buyer instructor and homeownership coach. Lekeisha earned a certification as a Results Oriented Management Accountability (ROMA) Trainer. As a ROMA Trainer LeKeisha possess the expertise to help a non- profit develop a sound management practice that incorporates the use of outcomes and results into its administration, management, and overall operations. Ms. Veasley served on numerous committees/boards focused on affordable housing, community reinvestment, financial empowerment, and anti -predatory lending. Lekeisha is currently vice president of the board for lowa Habitat for Humanity and a board member for Able Up Iowa. Ms. Veasley was the board President of the Iowa Homeownership Education Project and a board member of the Highway 63 Community Development Corporation. She served on the advisory couneil for the Federal Home Loan Bank of Des Moines. Lekeisha was selected for the Iowa Credit Union League (ICUL) Iowa Innovation Group and Veridian Credit Union's Emerging Leaders Group. Page 170 of 435 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Cultural & Arts Department July 17, 2023 AGENDA ITEM TITLE Motion approving appointment of Joshua Wilson from the current Civil Service List, to the position of Facilities Service Specialist at Cultural & Arts Department, effective July 18, 2023. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Facility Services Specialist (exp 5.24) 2. Facilities Services Specialist- Culture & Arts 3.2023 Page 171 of 435 CITY OF %VfATERLOO May 19, 2023 IOWA Community of Opportunity TO: Honorable Mayor & City Council 715 Mulberry St, Waterloo, IA 50703 9 Phone: (319) 291-4303 L. Fax: (319) 291-4569 CITYOFWATERLOOIOWA.COM 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 the appointment to the position of Facility Services Specialist for the City of Waterloo, Iowa Culture & Arts. This list shall be used to fill any vacancy in the Facility Services Specialist classification from May 19, 2023 — May 19, 2024. Respectfully submitted, 05/19/2023 06:45 PM EDT CERTIFIED LIST Joshua Wilson Dr. Bev Smith Date Dr. Robert Welch Date 171%Lwre Kur.EvAch 05/19/2023 07:49 PM EDT Marianne Kurtnebach Date Page 172 of 435 PERSONNEL REQUISITION FORM Check as applicable: ® To start recruiting or civil service process and/or ® To fill a vacancy El Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. ************at******************* ***Vr**xo:o *vvr xweror re itx*****iv 1k* brie* xxx xx****: 'kti:cc********************** Position Title: Facilities Services Specialist Departtnent: Cultural & Arts Reports To: Facilities Services Manager.. Work Location: Waterloo Center for the Arts Employment Status: ® Regular Full Time ❑ Temporary Full Tirne from to n Regular Part Time ❑ Temporary Part Time from to ❑ Regular 7-Month ❑ Intern/Co-op Student from to Type of Position: Recommended Recruitment Sources: Civil Service Position: N Yes ❑ No ❑ Internal Posting Only Bargaining Position: ❑ Yes ® No ® Internal Posting and External Advertising Bargaining Group: Non -bargaining Position: ® Yes ❑ No *********************11******:*****:********:*:*************************************.***************** Complete the following if the requisition is to fill a vacancy: T New Position or El Replacement Position for: Jonathan Ettinger (Specify name and title of former incumbent) If replacement, former incumbent: Retired/Resigned/Terininated ❑ Transferred ❑ Promoted Date incumbent terminated employment 3/20/22 Date of final payout: 4/8/22 Anticipated start date: 5/1/23 No. of hours/week: 40 Work schedule: varies, generally Tues-Sat 3-I rpm Justification of need for position: This position is required for evening and weekend facilities supervision and event support services at the Center for the Arts. It is essential to have a qualified facilities supervisor in place during open hours to allow for museum programs and community/rental events, many of which are revenue generating. What are the likely consequences if the position is not filled? The Center for the Arts will not have staff to adequately supervise facilities during evening and weekend hours, open/secure facilities for evening/weekend hours and to facilitate evening/weekend programs and rental events. The majority of the 1,700+ events hosted at WCA take place during these hours. APPROVALS Annual salary requirements: 36,400 .Hourly Rate: 17,50 Benefits: 15,770 (Payroll taxes, pension, health ins.- assuming family) is position budgeted for this and future FYs? ® Yes ❑ No If no, how will position be funded? Approved subject to the following conditions: k 7 03/10/2023 04:02 PM EST Submitting Department Head Date Mayor Date [Sutra Z4J f 03/10/2023 10:16 PM EST 03/10/2023 10:09 PM EST Chief Financial Officer Date Human Resources Director Date Qu.1 03/13/2023 12:04 PM EDT Human Resources Committee Chairperson Date Created 6/30/2017 Page 173 of 435 PERSONNEL REQUISITION Facilities Services Specialist The following questions are provided as guidelines to assist you in developing your rational for the position of Facilities Services Specialist in the Cultural &Arts Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? See job description. (attached). (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? The duties and schedule are specific to this position and there is not adequate staffing in place to support reassignment of the duties associated with the position. (3) How is the work of this position being accomplished now? We currently have a part-time employee, Joshua Wilson, working in this position. He has been doing an excellent job in the position and would be a viable candidate. He took the position with the expectation that he would be considered for the full-time position and will not continue in a part-time capacity on a permanent basis. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes, our department has streamlined and reduced staffing in recent years and currently several .positions are vacant. (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? This position is required for operation and maintenance of the facility and for providing service to rental groups and support for museum programs. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? This position is critical for delivery of facility rental services museum programs which produce projected budgeted revenue streams. (7) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? Our department does not have a budget for or allow overtime. Our Facilities Services Manager has been regularly accruing comp time balances due to the lack of this position being filled on a full-time basis. (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. Page 174 of 435 As noted, our department has experienced staffing reductions in recent years. Number of events presented had been increasing 25-•30% annually prior to COVID. Since that time, we have temporarily functioned with a Josh Wilson working in the Facilities Services Specialist position on a part-time basis. We are now returning to pre-COVID levels of activity. (9) If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. This position is critical in order for our facility to be open the hours that it currently is and to facilitate the more than 1,700 meetings/events that are hosted by WCA annually. • If not funded, we will need to consider eliminating some evening or weekend hours which will result in poor customer service and the loss of associated rental/program revenues. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? Currently, other staff members cover shifts to the extent possible. Vacation requests are denied at tunes if they coincide with particularly busy times or large events. (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? It would not likely be viable to outsource this position as the duties are wide-ranging and to a great extent very particular to the WCA. facility and its operations..The learning curve for the position is particularly long. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? This position, while not at the highest pay grade or professional status, is one of the most critical as all programs and activities are dependent upon having an open, safe and secure facility. Again, most of the Center's revenue streams are tied to this position. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position directly supports Strategy 4.5 (maintain. services & facilities that support quality of life) among others. Note: Forward completed questionnaire to Human Resources Department with original copy of personnel Requisition form. Page 175 of 435 Ccnimunfiy of Opporiur fly DEPARTMENT CULTURE & ARTS SALARY $17.50 PER HOUR FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT NON -BARGAINING GENERAL STATEMENT OF DUTIES Performs general maintenance and custodial duties at the Waterloo Center for the Arts (WCA) including opening/securing and general supervision of the building on evening and weekend shifts. Oversees events as directed by the Facilities Services Manager and Events Coordinator, setting up/tearing down for in- house and rental events at WCA and RiverLoop facilities, and serving as a resource person, anticipating and responding to the questions and needs of patrons and other staff members. Assists with supervising support maintenance workers including those working under various community service and employment programs. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative onivZ These functions are considered essential for successful performance in this job classification. 1. Assists in the implementation of overall maintenance programs throughout facility, coordinating ongoing routine maintenance as well as building repair and improvement projects. 2. Performs daily cleaning of facilities including floors, galleries, offices, classrooms, theaters, meeting rooms, kitchens, bathrooms and other spaces. 3. Provides general supervision of the facilities during evening and weekend shifts. 4, Monitors and works to maintain a safe environment throughout the facility and responds appropriately to potential threats, accidents and emergencies. 5. Oversees and assists with set-up and teardown for events, ensuring that all required materials and equipment are in place, 6. Manages and assists with events as needed. 7. Anticipates the needs of facility users and responds to questions and requests from patrons. S. Responds professionally and courteously to customer complaints, directing complaints to the appropriate staff person when necessary. 9. Supervises support maintenance staff, AARP and community services workers. 10. Assists with snow removal and general groundskeeping. Page 176 of 435 11. Checks rental equipment in and out. 12. Opens and secures building as needed. 13. Maintains records and prepares and submits reports as required, 14. Loads/unloads supplies, equipment and/or exhibits. 15. Operates City vehicles, including a 26,000 lb. panel truck with air brakes to deliver/pick-up supplies, equipment and/or exhibits. 16. Safely operates maintenance equipment including floor cleaners, snow blower and basic power tools. 17. Participates in Center for the Arts meetings, training and other activities as required. 18. Communicates with and maintains effective working relationships with coworkers, supervisors, Hoard members, volunteers and patrons. 19. Performs all work duties in accordance with City and WCA policies and procedures as well as OSHA, City and WCA safety rules and regulations. 20. Attends work regularly at the designated time and place. 21. Works independently and with others with minimum supervision. 22. Performs all other related duties as assigned. REQUIRED KNOWLEDGE &ABILITIES 1. Ability, without direct supervision, to plan, organize and carry out all activities necessary to complete individual job assignments. 2. Ability to supervise, direct and motivate volunteers, interns, paid staff and contractual employees; ability to manage and assign projects. 3. Ability to use independent judgment to assess problems and address or refer to appropriate WCA or City Maintenance staff person. 4. Ability to read basic building plans and diagrams. 5. Ability to safely operate basic hand tools, custodial maintenance equipment, floor cleaners and snow blower and 26,000 Ib. panel truck with air brakes. 6. Ability to keep accurate and thorough records. 7. Ability to anticipate the needs of patrons using the facility based on activity type. 8, Ability to manage several project schedules and a variety of timelines and deadlines concurrently and to keep all projects organized. 9. Ability to work in stressful conditions. 10. Ability with minimum supervision to work independently or as a member of a team. 11. Ability to communicate orally and in writing and respond to questions or complaints from the public, business organizations, facility users and coworkers courteously and professionally in a clear, concise and easily understandable manner. 12. Ability to establish and maintain excellent relationships with the public, coworkers and WCA users and patrons. 13. Knowledge of fire codes and evacuation procedures. 14. Knowledge of and ability to operate a personal computer and working knowledge of Microsoft Office including Word, Excel, Access or other database programs. 15. Knowledge of occupational hazards associated with custodial maintenance of a multi -use public facility. 16. Ability to work with people from a broad variety of social, economic, racial, ethnic, cultural and educational backgrounds. Page 177 of 435 ACCEPTABLE EXPERIENCE & TRAINING 1. Prefer minimum Associate's Degree with one year experience in facilities management or basic building maintenance and custodial functions (volunteer or other unpaid experience may be considered) OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the essential functions of the position. 2. Work experience must be verifiable. 3. Proficiency using a personal computer and working knowledge of Microsoft Word, Excel, Access or other database programs. 4. Iowa Driver's License and good driving record based on the City of Waterloo driver performance criteria. A candidate with any of the following will not be considered: loss of license for any reason during the period of candidacy for employment if the candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five years; four or more citations for moving violations within the previous three year period, excluding speeding violations of 10 mph or less over the posted speed limit; three or more citations for moving violations within the previous one year period. After appointment to the position, disciplinary action or continuing employment status may be reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license, reckless driving or other major moving violation within the previous five years; two or more at -fault accidents within a three year period. An applicant's driving record will be reviewed prior to an offer of employment and at least annually after hire. 5. Must obtain Iowa Class D driver's license with endorsement for driving non- commercial vehicles weighing up to 26,000 pounds within six month probation. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient speech and hearing that permits the employee to respond to questions from the public, facility users, community groups and coworkers in person or on the telephone. 2. Sufficient vision to work with facility users in planning layouts, setups and other needs. 3. Sufficient personal mobility that permits the employee to safely operate a passenger vehicle and panel truck and physically move from one location to another within the Center for the Arts and related facilities. 4. Sufficient strength to lift and carry objects weighing up to fifty pounds. MISCELLANEOUS 1, The City of Waterloo reserves the right to conduct a background investigation including employment, education, driving and criminal history checks on any applicant being considered for this position. Page 178 of 435 2. Following a conditional offer of employment, the City of Waterloo reserves the right to require a physical examination, including a drug test, by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of the position. 3. Required to submit to and successfully pass Civil Service testing including panel interview. WORK SCHEDULE Schedule will vary based on event schedule; may include evenings and weekends. One hour unpaid meal break. EXAMINATION INFORMATION Qualified applicants who apply by the deadline date will be required to appear before an oral examination panel consisting of a minimum of three people who have expertise in the areas being tested. An individual must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the oral examination. The top applicants, as ranked by their scores on the oral examination will be the individuals placed on the certified list. Applicants who qualify as outlined and are full time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the military or naval forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected disability. Employment is contingent on possession of a good driving record based on City of Waterloo driver performance criteria and passing a post job offer physical and drug test. Failure to pass these tests will result in withdrawal of the employment offer. ORAL EXAMINATION Qualified candidates who apply by the deadline date will be notified of the time, place and date of the oral examination. FACILITIES SERVICES SPECIALIST 2023 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 179 of 435 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department July 17, 2023 AGENDA ITEM TITLE Cigarette/Tobacco Permit New Application for BP Fuel, 127 Jefferson Street, (7/1/2023 - 6/30/2024). RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 180 of 435 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department July 17, 2023 AGENDA ITEM TITLE Cigarette/Tobacco Permit New Application for King Star, 2035 E. Mitchell Avenue (7/1/2023 - 6/30/2024). RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 181 of 435 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Engineering Department July 17, 2023 AGENDA ITEM TITLE Bonds. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. BONDS FOR COUNCIL APPROVAL_7.17.23 Page 182 of 435 RIGHT-OF-WAY CONSTRUCTION BONDS FOR COUNCIL APPROVAL July 17, 2023 IA5255330 BARRY SMITH GRADING & EXCAVAION, INC. WAVERLY, IA 100137306 D.C. CORPORATION WATERLOO, IA 7901148207 DARREN P JONES HUDSON, IA 7901148080 EARTHWORX CIVIL SOLUTIONS LLC CEDAR FALLS, IA RL10618722 LARRY A. RUST DBA LARRY AND COMPANY, INC. WATERLOO, IA 14989862 MICHAEL D. ALBERS DIKE, IA Page 183 of 435 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department July 17, 2023 AGENDA ITEM TITLE Liquor Licenses a. Flirt's Gentlemen's Club, 319 Jefferson St., Class C Alcohol w/Sunday Sales, Renewal - Exp: 6/10/2024. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 184 of 435 Page 185 of 435 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Manager Finance Department MEETING DATE July 17, 2023 AGENDA ITEM TITLE Not to Exceed $4,045,000.00 Sewer Revenue Capital Loan Notes (State of Iowa Revolving Fund Loan). RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Resolution- 2023 Sewer Revenue SRF (02221534x7F7E1) 2. Bond Attorney Communication - 2023 Sewer Revenue SRF (02226278x7F7E1) Page 186 of 435 Page 187 of 435 ITEMS TO INCLUDE ON AGENDA CITY OF WATERLOO, IOWA Not to Exceed $4,045,000 Sewer Revenue Capital Loan Notes (State of Iowa Revolving Fund Loan) • Public hearing on the authorization of a Loan and Disbursement Agreement and the issuance of Notes to evidence the obligation of the City thereunder. • Resolution instituting proceedings to take additional action. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. Page 188 of 435 July 17, 2023 The City Council of the City of Waterloo, State of Iowa, met in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at o'clock .M., on the above date. There were present Mayor Quentin Hart, in the chair, and the following named Council Members: Absent: 1 Page 189 of 435 The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority of not to exceed $4,045,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City under said Loan and Disbursement Agreement, in order to provide funds to pay costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with Phase II of the Sanitary Sewer Gatewell Repairs project, and that notice of the proposed action by the City Council to institute proceedings for the authorization of the Loan and Disbursement Agreement and the issuance of the Notes had been published pursuant to the provisions of Sections 384.24A and 384.83, as amended. The Mayor then asked the Clerk whether any written objections had been filed by any City resident or property owner to the proposal. The City Clerk advised the Mayor and the City Council that written objections had been filed. The Mayor then called for oral objections to the proposal and were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) 2 Page 190 of 435 The City Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $4,045,000 SEWER REVENUE CAPITAL LOAN NOTES", and moved: ❑ that the Resolution be adopted. ❑ to ADJOURN and defer action on the Resolution and the proposal to institute proceedings to the meeting to be held at o'clock .M. on the day of , 2023, at this place. Council Member seconded the motion. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the measure duly adopted. - 3 Page 191 of 435 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $4,045,000 SEWER REVENUE CAPITAL LOAN NOTES WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority of not to exceed $4,045,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City under said Loan and Disbursement Agreement, for the purpose of paying costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with Phase II of the Sanitary Sewer Gatewell Repairs project, and has considered the extent of objections received from residents or property owners as to said proposal and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority in the manner required by law of not to exceed $4,045,000 Sewer Revenue Capital Loan Notes for the foregoing purpose. Section 2. That this Council does hereby consent to the terms and conditions of the SRF Loan Program, which terms and conditions and the disclosures provided with respect thereto are hereby acknowledged, accepted and approved. Section 3. That the Clerk, with the assistance of the City Attorney and bond counsel, is hereby authorized and directed to proceed with the preparation of such documents and proceedings as shall be necessary to authorize the City's participation in the SRF Loan Program, to select a suitable date for final Council authorization of the required Loan and Disbursement Agreement and issuance of the Note to evidence the City's obligations thereunder, and to take such other actions as the Clerk shall deem necessary to permit the completion of a loan on a basis favorable to the City and acceptable to this Council. Section 4. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that Sewer fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above loan agreement. The amounts so advanced shall be reimbursed from the proceeds of the Loan Agreement not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the loan amount authorized in 4 Page 192 of 435 this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. PASSED AND APPROVED this 17th day of July, 2023. ATTEST: Kelley Felchle, City Clerk Quentin Hart, Mayor 5 Page 193 of 435 STATE OF IOWA COUNTY OF BLACK HAWK CERTIFICATE ) ) SS ) I, the undersigned City Clerk of the City of Waterloo, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this day of , 2023. (SEAL) 022215 34-1 \ 11310-164 Kelley Felchle, City Clerk, City of Waterloo, State of Iowa Page 194 of 435 AHLERS COONEY ATTORNEYS July 5, 2023 VIA E-MAIL Kelley Felchle City Clerk 715 Mulberry Waterloo, Iowa 50703 Ahlers & Cooney, P.C. Attorneys at Law 100 Court Avenue, Suite 600 Des Moines, Iowa 50309-2231 Phone: 515-243-7611 Fax: 515-243-2149 www.ahlerslaw.com Kristin B. Cooper 515.246.0330 kcooper@ah lerslaw.com RE: Waterloo, Iowa - Not to Exceed $4,045,000 Sewer Revenue Capital Loan Notes (State of Iowa Revolving Fund Loan) Dear Kelley: We have now prepared and are including with this letter proceedings for the day of the public hearing scheduled for July 17, 2023. The public hearing proceedings are prepared to show as a first step the receipt of any oral or written objections from any resident or property owner to the proposed action of the City Council to authorize the form of Loan and Disbursement Agreement and issue the Notes to the Authority. A summary of objections received or made, if any, should be attached to the proceedings. After all objections have been received and considered if the City Council decides to enter into the Agreement and issue the Notes, a form of resolution follows that should be introduced and adopted, entitled "Resolution Instituting Proceedings to Take Additional Action." Section 384.83 of the Code of Iowa provides that any resident or property owner of the City may appeal the decision to take additional action to the District Court of a county in which any part of the City is located, within 15 days after such additional action is taken, but that the additional action is final and conclusive unless the court finds that the City Council exceeded its authority. In the event an appeal is filed by any resident or property owner, please let us know as soon as possible. In the event the City Council decides to abandon the proposal then the form of resolution included in said proceedings should not be adopted. We would suggest that, in this event, a motion merely be adopted to the effect that such proposal is abandoned. The Resolution taking additional action also acknowledges and approves of the terms of the SRF loan program. As you know, the terms of the loan being offered to the City are established primarily by reference to two external sources: the Authority's administrative rules governing the SRF Program and, to a lesser extent, by the terms of the bonds issued by the Authority to fund the City's loan. These loan terms are not negotiable by individual borrowers, WISHARD & BAILY- 1888; GUERNSEY & BAILY- 1893; BAILY & STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER, AHLERS & COONEY - 1950; AHLERS, COONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 1974; AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. -1990 Page 195 of 435 and the City's decision to participate in the SRF Program effectively commits it to accept a loan on the stated terms. Please return an executed copy of the proceedings to us with the publisher's affidavit of publication of the notice of hearing. We would also appreciate an electronic scan. If you have any questions concerning the enclosed proceedings or the SRF Program, please do not hesitate to contact me. Very truly yours, Ahlers & Cooney, P.C. Kristin Billingsley Cooper FOR THE FIRM KBC:seb Enclosures cc: LeAnn Even, Deputy City Clerk, City of Waterloo (via email w/ encl.) Randy Bennett, Public Works Division Manager (via email w/ encl.) Nancy Higby, Administrative Secretary, City of Waterloo (via email w/encl.) Maggie Burger/Charlotte Nielsen, Speer Financial (via email w/encl.) Bridgett Wood, City of Waterloo (via email w/ encl.) Kim Bahr, City of Waterloo (via email w/ encl.) 02221528-1\11310-164 Page 196 of 435 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Rudy Jones, Community Development Director Community Development Department MEETING DATE July 17, 2023 AGENDA ITEM TITLE FY2024 One Year Annual Action Plan for CDBG and HOME funds for the Waterloo/Cedar Falls HOME Consortium. RECOMMENDED COUNCIL ACTION approve funding recommendations and consider written or oral comments if any are received SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. FY24 Annual Action Plan Draft 2. FY24 Budget Allocations.xlsxpurple (005) Page 197 of 435 Page 198 of 435 CITY OF 4J$9TERLO 0 Waterloo/Cedar Falls HOME Consortium PROGRAM YEAR 2023 ANNUAL ACTION PLAN CITY FY2024 Annual Action Plan 1 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 199 of 435 Executive Summary AP-05 Executive Summary - 91.200(c), 91.220(b) 1. Introduction The purpose of the Five Year Consolidated Plan is to help the City assess the affordable housing and community development needs and market conditions. The City uses its Strategic Plan and additional data that is gathered through community assessments to determine how federal funds from the Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Programs provided through the U.S. Department of Housing and Urban Development will be invested. The Consolidated Plan is carried out through the Annual Action Plan which provides a concise summary of actions, activities and the specific federal and non-federal resources which will be used each year to address the priority needs and specific goals identified by the Consolidated Plan. This Annual Action Plan will lay out the use of funding for the HUD program year 2023 / City fiscal year 2024. Community Development Block Grant funds (CDBG) must be used to assist low -moderate income individuals and households, low -moderate income areas or address an urgent need. The cities of Waterloo and Cedar Falls have established a consortium under the federal HOME program, which allows contiguous units of local government that would not otherwise qualify for funding to form a consortium to directly participate in the program. The City of Waterloo is the designated lead entity for the Waterloo/Cedar Falls HOME Consortium. HOME funding is used to address specific housing needs such as rehabilitation of owner -occupied housing; assistance to homebuyers; acquisition, rehabilitation, or construction of rental housing; and tenant -based rental assistance. 2. Summarize the objectives and outcomes identified in the Plan The goals and outcomes identified in this Action Plan are taken from the Consolidated Plan which describes how federal funds and other resources will be allocated and what other actions will be taken to address community development and affordable housing needs over the next five years. Activities chosen for the fiscal year support these goals. • To provide decent housing in the community by preserving and providing new affordable housing, reducing barriers to housing, increasing supportive housing for those with special needs, and transitioning homeless persons and families into housing. Annual Action Plan 2 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 200 of 435 • Provide suitable living environments by eliminating slums and blight, create safer and more resilient neighborhoods, integration of low and moderate income residents in both communities with housing opportunities, improve access to public services and facilities, and reinvest in deteriorating neighborhoods. • Expand economic opportunities through more jobs paying self-sufficient wages, homeownership opportunities, improving access to employment, development activities that promote long-term community viability, and the empowerment of low and moderate income persons to achieve self-sufficiency through public services and other means. 3. Evaluation of past performance CDBG funding provided match funding for the Lead Hazard Control Program that provides low -moderate income households with lead hazard remediation. CDBG funding was also used to complete necessary repairs and provide rehabilitation that would not otherwise be provided through the Lead Hazard Control/Healthy Homes Grant. The Emergency Repair Program provided low -moderate income homeowners assistance for repairs affecting the health, safety or well-being of the occupants. Habitat for Humanity Critical Repair Program services to low -moderate income homeowners throughout the city and in the targeted Walnut and Church Row Neighborhoods that were in need of immediate home repairs. Neighborhood Services connected low -moderate income neighborhoods to services and worked as a liaison between the city and neighborhood associations. Public Services agencies such as the Salvation Army provided homeless individuals with emergency shelter and services. The Northeast Iowa Food bank provided food boxes to households facing food insecurity. HOME funds provided direct homebuyer assistance up to $10,000 for low -moderate income first time homebuyers. Iowa Heartland Habitat for Humanity is the designated Community Housing Development Organization (CHDO). Funding provided; resulted in the new construction of a home that was sold to a low -moderate income homebuyer. These programs are designed to meet the highest priority needs. Housing rehabilitation and homeownership are the cities highest priority. 4. Summary of Citizen Participation Process and consultation process Waterloo and Cedar Falls conducted a multi -pronged approach to citizen participation and engagement during the planning of the Five Year Consolidated Plan. An online survey was posted on each city's website for a 20-day period. Social media outlets from both cities, but also each school district, other organizations, and neighborhood groups were used to share the online survey. Paper versions of the same survey were also made available through city offices, but also at local agencies and organizations that provide assistance to low-income households. Those agencies included Operation Threshold, The Northeast Iowa Food Bank, and Eastside Ministerial Alliance. In addition, other opportunities for outreach were utilized to notify the upcoming survey, including the 2018 Waterloo Fall Neighborhood Association Leadership Meeting. Annual Action Plan 3 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 201 of 435 Four focus groups were also organized with stakeholders from the community representing public agencies and private non-profit organizations that serve both communities. For those that were unable to attend, follow up one-on-one interviews and digital surveys utilizing the focus group questionnaires were used for input. Based on the input received from the community, stakeholders, including service providers, non-profit organizations, city departments and staff, the prepared housing market analysis, and the analysis of impediments, a set of priorities were established by the cities for the next five years. The planning process and input were utilized for preparing the Five -Year Consolidated Plan and subsequent Annual Action Plans. The input included a review on identifying city needs and evaluation of existing resources. Additional information provided by focus groups and one-on-one meetings identified additional needs and gaps in services, and provided input in establishing strategies to address both the needs and gaps in services and programs in the community. Additional information, including city regulations and ordinances, and additional data and resources were also utilized for preparing the Consolidated Plan. On November 17, 2022 the public notification process began when agencies were contacted and information regarding our annual application process was posted on the City of Waterloo website. Applications for funding were also available at this time on the city website. On November 29, 2022 a Virtual Informational Forum was held to answer questions regarding the annual funding cycle. The application deadline was December 31, 2022 for the FY24 city funding cycle. The first public hearing for citizen input was held on January 10, 2023. The second public hearing and subcommittee recommendations was held on May 16, 2023. The city then held a public 30-Day Comment Period in the Waterloo Cedar Falls Courier and posted the comment period on the city website. The comment period was June 13, 2023 through July 14, 2023. The third public hearing was held during the City Council meeting on July 17, 2023. 5. Summary of public comments Comments were received during Public Hearings from the following individuals: January 10, 2023: Barb Prather- Northeast Iowa Food Bank, Boys and Girls club staff, Esther Meuer-Valtcheve- Child Care resource and Referral of NE Iowa, Ed Gruenwald- Grin and Grow Day Care, Lisa Wetzel- Northeast Iowa Area Agency on Aging, Carrie O'Connor- Iowa Legal Aid, Grace Fee- The Salvation Army, Paul Huting- Waterloo Leisure Services, Ben Brustkern- Friends of the Family Annual Action Plan 4 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 202 of 435 May 16, 2023: Shannon Bass- Northeast Iowa Food Bank, Ed Gruenwald- Grin and Grow Day Care July 17, 2023: The full comments can be found in the Administrative Section of the Action Plan under Attachment #2. 6. Summary of comments or views not accepted and the reasons for not accepting them All comments were accepted and considered. 7. Summary The City of Waterloo engaged in a variety of public outreach and provided different levels of opportunity for public input from the community in order to prepare an Annual Plan that best reflected the needs of the community. The goals demonstrated in this Annual Action Plan are based on the Five -Year Consolidated Plan. However, public comments and consultation were given great consideration in the final outcome of the PY2023 Annual Action Plan. Over the next year Waterloo will continue to provide housing and community development services through housing programs and through partnerships with a wide variety of community and public service providers. Affordable housing remains our number one goal and we will engage in activities to support and achieve our affordable housing goals. This year additional activities will be undertaken to create additional affordable housing, increase homeownership and provide rehabilitation loans to landlords with low -moderate income tenants. Annual Action Plan 5 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 203 of 435 PR-05 Lead & Responsible Agencies - 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency Lead Agency WATERLOO CDBG Administrator WATERLOO Community Development Department HOPWA Administrator HOME Administrator WATERLOO Community Development Department HOPWA-C Administrator Table 1— Responsible Agencies Narrative The Waterloo Community Development Department is the lead agency for the preparation of the Waterloo/Cedar Falls Consolidated Plan and the HOME grant program. Waterloo and Cedar Falls are part of a HOME Consortium to receive HOME funds to address housing needs in the two communities. Each city is responsible for the administration of their respective CDBG Program. Consolidated Plan Public Contact Information Waterloo Community Development 620 Mulberry St. Ste. 202 Waterloo, IA 50703 Phone- 319-291-4429 Fax- 319-291-4431 Annual Action Plan 6 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 204 of 435 AP-10 Consultation - 91.100, 91.200(b), 91.215(1) 1. Introduction In 2018-2019 during the development of the 2019-2023 Five Year Consolidated Plan is when the main consulting occurred. Four focus groups were organized on December 4, 5, and 6, 2018 with the community development staff from both Waterloo and Cedar Falls to discuss the current needs and gaps in services, actions that would remove barriers, as well as what actions the two communities could take to improve those issues. For those agencies and non -profits that were unable to attend the focus groups, additional one-on-one meetings were held. Additional consultation for the PY23 Annual Action Plan was conducted to meet the changing needs in the community. With the Five Year Consolidated Plan goals in mind Community Development staff consulted with agencies focusing on affordable housing and homelessness. The City of Waterloo consulted with multiple agencies serving the needs of homeless individuals that provided up to date statistics on the homeless population in the area. Public service agencies were consulted to determine the current needs of the community as we continue to move out of the COVID pandemic. Housing developers and realtors were consulted to determine the housing market in the area. The City's Elevate Housing Plan aligns with the goals of the Five Year Consolidated Plan of increasing affordable housing, improving rental housing and creating suitable living environments. The Waterloo Planning and Zoning Department was consulted to help determine the plan of action for the activities that will be conducted through the PY23 Annual Action Plan. Recommendations from the consultation process along with the Five Year Consolidated Plan goals were taken into consideration for the 2023 Annual Action Plan. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(1)). During the Consolidated Plan consultations, Waterloo Community Development staff and City of Cedar Falls staff met with 28 different Cedar Valley organizations. The organizations formed focus groups to talk about housing, healthcare, utilities, homelessness, childcare, transportation and other general need topics. Each agency was able to contribute to the group the services they provide in the community. Waterloo Community Development meets with the Black Hawk County Health Department to discuss rehabilitation services and children with elevated blood lead levels (EBL) monthly. The Community Development staff keeps the Black Hawk County Health Department up to date on programs available to the community. In turn, Black Hawk County Health Department has partnered with Waterloo Community Development to provide lead and Healthy Homes assessments, and outreach for our current grant funding. Annual Action Plan 7 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 205 of 435 The Waterloo Community Development Board holds its monthly board meeting the third Tuesday of every month. During the meeting a service agency is invited to speak to the board and explain the types of services they provide. This provides open discussion on how we can partner our services to be more effective in the community. During the consultation Community Development met with public and subsidized housing agencies, mental health agencies, and other city departments to build a network to assist individuals and families who are at risk of homelessness or chronically homeless; and to address the unmet needs of individuals in the community. Public services activities, HOME TBRA, rehabilitation activities, new construction and down payment assistance are all activities being conducted through Waterloo Community Development to address the unmet needs. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. Coordinated Entry, which identifies goals, principles, and identified targeted populations. In addition, the Policy and Procedure identifies the designated lead agency for coordinated entry procedures, provides guidance for assessments, screening, prioritization, and also provides guidance for the evaluation and updating of these procedures. Representatives from agencies, including Community Housing Initiatives, the designated lead agency, which is a member of the LCHB participated in the December 4th focus group and provided detailed information on housing needs for homeless persons as well as those that are at -risk of homelessness, and provided input on housing needs, barriers, and potential solutions. Agencies participating in the coordinated entry process include: The Institute for Community Alliances, acting as the COC lead agency, The Salvation Army, Community Housing Initiatives, Friends of the Family, Black Hawk Grundy Mental Health, The Jesse Cosby Center, People's Community Health Clinic, and the Hawkeye Area Community Action Program. The group meets every Tuesday to discuss the homeless listing and to pull individuals off the coordinated entry list based on the available resources of the participating members. Waterloo Community Development is takes part in the Tuesday group meeting to assess the number of homeless and chronically homeless individuals and families. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS Annual Action Plan 8 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 206 of 435 Waterloo and Cedar Falls currently do not receive ESG funds. The Black Hawk County Local Homeless Coordinating Board (LCHB) is the region's Continuum of Care (Coc) organization, which manages homelessness policies and coordinates entry. The LCHB has extensive membership, with over 50 members and with representation from approximately 40 different agencies, including state and local government agencies, non-profit, faith -based organizations, health clinics, and local businesses. The board meets every two months to coordinate their efforts to respond to housing and service needs of Black Hawk County's homeless population. In addition, the board organizes the annual Point -In -Time survey, which is conducted in January of every year. The LHCB does have a county -wide focus, but the majority of services and needs are met within Waterloo and Cedar Falls. 2. Agencies, groups, organizations and others who participated in the process and consultations Table 2 — Agencies, groups, organizations who participated 1 Agency/Group/Organization WATERLOO HOUSING AUTHORITY Agency/Group/Organization Type PHA What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Market Analysis Lead -based Paint Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The Waterloo Housing Authority was consulted through in person and additional zoom meetings. Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 9 Page 207 of 435 2 Agency/Group/Organization Black Hawk County Health Department Agency/Group/Organization Type Services -Children Services -Persons with HIV/AIDS Services -Health Health Agency Child Welfare Agency Other government - County What section of the Plan was addressed by Consultation? Non -Homeless Special Needs Lead -based Paint Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The Agency was consulted through in person meetings. The Black Hawk County Health Department is a partner in our Lead Based Paint Hazard Control Program. The City works with BHCH for lead poison prevention, State and local lead based paint ordinances. 3 Agency/Group/Organization City of Cedar Falls Agency/Group/Organization Type Housing PHA Other government - Local What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Strategy Market Analysis Economic Development Anti -poverty Strategy Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 10 Page 208 of 435 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Waterloo is in a HOME Consortium with the City of Cedar Falls. Waterloo and Cedar Falls meet regularly by zoom or in person meetings to discuss affordable housing strategies, economic development and homeless strategies. 4 Agency/Group/Organization Iowa Heartland Habitat for Humanity Agency/Group/Organization Type Housing What section of the Plan was addressed by Consultation? Housing Need Assessment Market Analysis Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? In person meetings were held in conjunction with the Cities Elevate Housing Initiative to increase the housing stock and housing programs in the City of Waterloo. Habitat is also the HOME CHDO for the City of Waterloo and Cedar Falls. Habitat also participates in the neighborhood revitalization projects in the Walnut and Church Row neighborhoods. 5 Agency/Group/Organization Northeast Iowa Food Bank Agency/Group/Organization Type Food Pantry What section of the Plan was addressed by Consultation? Non -Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Virtual meetings were held with the Northeast Iowa Food Bank to discuss the effects of the COVID-19 Pandemic and how it has affected the number of individuals with food insecurity. Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 11 Page 209 of 435 6 Agency/Group/Organization The Salvation Army Agency/Group/Organization Type Services - Housing Services -Children Services -Victims of Domestic Violence Services -homeless What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Anti -poverty Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? In person meetings were held with The Salvation Army to discuss the current needs of homeless and at risk of homeless individuals and families. The Salvation Army also participates in Coordinated Entry as a service point in our area. The Salvation Army discussed housing barriers and causes of chronic homelessness. 7 Agency/Group/Organization City of Waterloo Planning and Zoning Department Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Housing Need Assessment Market Analysis Economic Development Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? In person and virtual meetings were held with the Planning and Zoning Department to Plan the strategy areas for the FY23 Annual Action Plan. Slum and Blight and infill housing projects were also discussed. Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 12 Page 210 of 435 8 Agency/Group/Organization Community Housing Initiatives Agency/Group/Organization Type Housing Services - Housing Services -homeless What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homelessness Needs - Veterans Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Consultation was held through in person meetings and emails. CHI is a member of the coordinated entry in our area. CHI discussed housing barriers and identified the highest priority needs of homeless individuals. 9 Agency/Group/Organization Cedar Valley Friends of the Family Agency/Group/Organization Type Services - Housing Services -Victims of Domestic Violence Services -Homeless Services - Victims What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Anti -poverty Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? In person meetings were held with Friends of the Family. Consultation included addressing the unmet needs of the individuals and families they serve. Discussed mental health and substance abuse being the cause of chronic homelessness in the area. Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 13 Page 211 of 435 10 Agency/Group/Organization Black Hawk Grundy Mental Health Agency/Group/Organization Type Services -Health Health Agency What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Virtual meetings were held with Black Hawk -Grundy Mental Health. Discussions on the barriers and causes of homelessness were discussed. 11 Agency/Group/Organization City of Waterloo Human Rights Commission Agency/Group/Organization Type Service -Fair Housing Services - Victims What section of the Plan was addressed by Consultation? Non -Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? In person meetings were held to discuss fair housing and impediments to fair housing. 12 Agency/Group/Organization City of Waterloo IT Department/Communications Agency/Group/Organization Type Services - Broadband Internet Service Providers Services - Narrowing the Digital Divide Other government - Local Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 14 Page 212 of 435 What section of the Plan was addressed by Consultation? Economic Development Broadband Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? In person and virtual meetings were held to discuss the stages of the fiber plan for Waterloo. 13 Agency/Group/Organization People's Community Health Clinic Agency/Group/Organization Type Services -Children Services -Elderly Persons Services -Persons with Disabilities Services -Persons with HIV/AIDS Services -Victims of Domestic Violence Services -Homeless Services -Health Services - Victims Health Agency What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Lead -based Paint Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? A virtual meeting was held to discuss lead paint and health factors in housing. Ongoing effects of the COVID-19 pandemic were also discussed. Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 15 Page 213 of 435 14 Agency/Group/Organization Northeast Iowa Regional Board of Realtors Agency/Group/Organization Type Housing Business Leaders What section of the Plan was addressed by Consultation? Housing Need Assessment Market Analysis Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? An in person meeting was held to discuss the current market and needs Realtors are seeing in our area. 15 Agency/Group/Organization Rosemont Companies Agency/Group/Organization Type Housing What section of the Plan was addressed by Consultation? Housing Need Assessment Non -Homeless Special Needs Market Analysis Economic Development Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? In person meetings were held to discuss affordable housing and how to create more affordable housing. 16 Agency/Group/Organization TEAM Real Estate Group Agency/Group/Organization Type Housing What section of the Plan was addressed by Consultation? Housing Need Assessment Non -Homeless Special Needs Market Analysis Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 16 Page 214 of 435 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The agency was consulted through an in person meeting to discuss the market and housing needs of the area. Identify any Agency Types not consulted and provide rationale for not consulting Agencies that were not consulted included agencies that were consulted during the Five Year Consolidated Planning process but were not included in the Goals and Objectives of the Five Year Plan. We limited our consultation to support projects that would be listed in the current FY plan. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Black Hawk County Local Homeless Coordinating Board The City supports efforts to reduce homelessness and improve and coordinate strategies for identifying homeless persons and assisting with efforts to provide housing. The Black Hawk County Local Homeless Coordinating Board participates in a coordinated entry system to bring all housing providers together to faster serve homeless individuals and eliminate service duplication. Table 3 — Other local / regional / federal planning efforts Narrative The consultation process is a way for the City to gauge community need, gaps in services and funding, and discuss obstacles and barriers to healthcare, housing, transportation, employment and other basic needs of the community. Waterloo Community Development takes constant consideration of the ever changing needs in the community when planning the Five Year Consolidated Plan and the Annual Action Plans. Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 17 Page 215 of 435 AP-12 Participation - 91.401, 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal -setting Citizen Participation for Waterloo Community Development consisted of furnishing citizens with information concerning the amount of Community Development Block Grant (CDBG) and HOME funds that were expected to be available for community development and housing activities, and the range of activities that may be undertaken with those funds. Citizens may comment on how they would like to see funding spent or offer ideas for low -moderate income activities or activities for prevention of slum and blight. The City of Waterloo has used social media outlets as a marketing tool in effort to increase citizen participation and make citizens aware of the programs available through the various funding sources. Three separate comment periods and public hearings were held. Community Development also published the "Your Opinion Counts" advertisement in the Waterloo/Cedar Falls Courier newspaper, and on the City website. This campaign requests public input on how citizens would like to see the CDBG and HOME funds utilized. Annual Action Plan 18 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 216 of 435 Citizen Participation Outreach Sort Ord er Mode of Outrea ch Target of Outre ach Summary of response/attenda nce Summary of comments receiv ed Summary of comme nts not accepted and reasons URL (If applicable) 1 Virtual Informational Forum Agencies requesting funding November 29, 2022 Questions regarding the application process were discussed. All questions were answered. Contact information was given to attendees in the event they had additional questions after the meeting. Questions about eligible projects were asked after the meeting. All questions were answered. All comments were accepted. www.cityofwaterlooiowa. com 2 Newspaper Ad Non- targeted/broad community December 6-30, 2022 The advertisement was published in the newspaper and also on the City website. There were no comments or suggestions received from the advertisement. N/A www.wcfcourier.com and www.cityofwaterlooiowa. com Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 19 Page 217 of 435 Sort Ord er Mode of Outrea ch Target of Outre ach Summary of response/attenda nce Summary of comments receiv ed Summary of comme nts not accepted and reasons URL (If applicable) 3 Public Hearing Non- targeted/broad community 12 individuals along with 5 Community Development Staff Members and 5 board members were in attendance. Please see Public Hearing Minutes in Administrative attachment #2. All comments were accepted and considered. www.wcfcourier.com and www.cityofwaterlooiowa. com 4 Public Hearing Non- targeted/broad community May 16, 2023 Please see Public Hearing Minutes in the Administrative attachment #2. All comments were considered www.cityofwaterlooiowa. com 5 Public Comment Period Non - targeted/broad community June 13, 2023 30 day comment period of published in the Waterloo/Cedar Falls Courier www.wcfcourier.com 6 Public Hearing Non- targeted/broad community July 17, 2023 www.wcfcourier.com and www.cityofwaterloo.com Table 4 — Citizen Participation Outreach Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 20 Page 218 of 435 Expected Resources AP-15 Expected Resources - 91.420(b), 91.220(c)(1,2) Introduction The section discusses the resources that will be used to meet the goals of the FY23 Annual Action Plan. The resources may involve partnership opportunities and other private and non-federal public sources they become available. Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 1,235,161 26,843 2,372,142 3,634,146 0 CDBG funding includes HUD FY23 annual allocation, program income from emergency loans, and rehabilitation payoffs. Prior year resources are activities that have been cancelled, expired or ongoing activities. Any uncommitted funds will be programed into existing or new activities. Project Cost: $2,549,831, Administration Cost: $613,966, Rehabilitation Administration Cost: $470,349, equals $3,634,146 total available resources. Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 21 Page 219 of 435 Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ HOME public - federal Acquisition Homebuyer assistance Homeowner rehab Multifamily rental new construction Multifamily rental rehab New construction for ownership TBRA 565,333 25,521 1,929,671 2,520,525 0 HOME funding includes the FY23 annual allocation plus program income from annual loan payments. Prior year resources are funds from cancelled, expired or ongoing activities. These funds will be reprogrammed into existing or new activities. Project Cost: $2,394,994, Administration Cost: $125,531, equals $2,520,525 total available resources. Other public - federal Public Improvements Public Services 183,000 0 0 183,000 0 CDBG-CV funds that have not yet been committed in the amount of $63,000 and $120,000 for the Boys and Girls Club project awaiting HUD approval of the Five Year Consolidated Plan Amendment. Table 2 - Expected Resources — Priority Table Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 22 Page 220 of 435 Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Waterloo Community Development is able to partner with agencies who have been funded by state, local and private entities using CDBG and HOME funds to fill project funding gaps. The Boys and Girls Club of the Cedar Valley will use funds from the Black Hawk Gaming Association and Capital Campaign funds paired with CDBG funding to complete phase one of a multi -phase project. CDBG funds are also being used to leverage the Lead Hazard Control Grant. A 10% match requirement is being fulfilled with CDBG funds. Waterloo continues to meet the HOME match requirement by requiring HOME fund sub recipients to provide a 25% match in order to utilize the available funds, including those generated from the City's Community Housing Development Organization (CHDO) Iowa Heartland Habitat for Humanity. CHDO new construction projects satisfy match requirements through business donations, other grants and in -kind donations. The provided matching funds used by sub recipients are non-federal funds. New construction housing projects will meet the match requirement through donated land value, donated site clearance services and tax abatement incentives given by the City. If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan Currently Waterloo utilizes publicly owned land that has been obtained through the 657A process for new construction and rehabilitation projects. Property with rehab -able structures will be retained by the City and used for rehabilitation projects that are then sold to low/moderate income families. Through this process we are able to stabilize our affordable housing stock. The city has donated land that has been captured through the 657A process to Habitat for Humanity for the purpose of new construction homes to be sold to low -moderate income families. Waterloo Community Development has formed a partnership with private developers looking to rehabilitate housing that has been acquired through the 657A process. In turn, Waterloo will provide down payment assistance to low -moderate income first time homebuyers. Publicly owned land will also be used for the Waterloo Leisure Services Phase II Edison Park Project located at the corner of Magnolia Pkwy and Bismark Ave. Discussion Leveraging grant funds is beneficial to the community as it allows agencies to complete projects and provide services they wouldn't normally be able to afford. Leveraging CDBG and HOME funds provides a multiplier effect making the dollars go further. The utilization of publically owned Annual Action Plan 23 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 221 of 435 land for affordable housing projects not only leverages the project, it also provides a required match component on HOME funded project. The market value of the land contributed is eligible HOME match. The City of Waterloo is expanding the affordable housing market through the sale of publicly owned land for rehabilitation and new construction of affordable housing. Annual Action Plan 24 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 222 of 435 Annual Goals and Objectives AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Housing Rehabilitation 2019 2023 Affordable Housing Citywide Local Targeted Neighborhoods Create and Sustain Affordable Housing Homelessness Prevention Neighborhood Stabilization CDBG: $1,084,002 HOME: $483,663 Rental units rehabilitated: 7 Household Housing Unit Homeowner Housing Rehabilitated: 20 Household Housing Unit 2 Owner Occupied Emergency Repair 2019 2023 Affordable Housing Citywide Local Targeted Neighborhoods Create and Sustain Affordable Housing CDBG: $346,052 Homeowner Housing Rehabilitated: 18 Household Housing Unit 3 Homeownership 2019 2023 Affordable Housing Citywide Create and Sustain Affordable Housing HOME: $1,633,501 Homeowner Housing Added: 6 Household Housing Unit Direct Financial Assistance to Homebuyers: 20 Households Assisted 4 Deposit Assistance Program 2019 2023 Affordable Housing Homeless Citywide Create and Sustain Affordable Housing HOME: $71,000 Tenant -based rental assistance / Rapid Rehousing: 50 Households Assisted Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 25 Page 223 of 435 Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 5 Neighborhood Services 2019 2023 Non -Housing Community Development Local Targeted Neighborhoods Neighborhood Stabilization CDBG: $95,000 Public service activities other than Low/Moderate Income Housing Benefit: 500 Persons Assisted 6 Acquisition of Real Property 2019 2023 Affordable Housing Local Targeted Neighborhoods Create and Sustain Affordable Housing Neighborhood Stabilization HOME: $206,830 Homeowner Housing Rehabilitated: 4 Household Housing Unit 7 Public Services 2019 2023 Affordable Housing Homeless Non -Homeless Special Needs Non -Housing Community Development Citywide Local Targeted Neighborhoods Create and Sustain Affordable Housing Homelessness Prevention Neighborhood Stabilization CDBG: $90,000 Public service activities other than Low/Moderate Income Housing Benefit: 1025 Persons Assisted Homeless Person Overnight Shelter: 40 Persons Assisted 8 Public Facilities and Improvements 2019 2023 Non -Housing Community Development Citywide Local Targeted Neighborhoods Neighborhood Stabilization CDBG: $335,000 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 1000 Persons Assisted 9 Clearance and Demolition 2019 2023 Non -Housing Community Development Citywide Neighborhood Stabilization CDBG: $599,777 Buildings Demolished: 5 Buildings Table 3 — Goals Summary Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 26 Page 224 of 435 Goal Descriptions 1 Goal Name Housing Rehabilitation Goal Description To provide rehabilitation of owner occupied and rental properties. Funds will also be used to rehabilitate properties acquired to be sold to low income homebuyers. This may include single family or multi -unit properties. Rehabilitation will be provided to qualified households to reduce slum and blight and ensure affordable housing remain safe and sanitary. To provide match funds for the Lead Based Paint Hazard Control Program. To provide funding to sub recipients for the purpose of rehabilitation services. 2 Goal Name Owner Occupied Emergency Repair Goal Description To provide assistance to qualified households with repairs to keep homes healthy, safe and sanitary; that are above normal maintenance needs. 3 Goal Name Homeownership Goal Description To provide homeowner assistance to qualified first time homebuyers. Create homeownership through new construction of affordable housing, and down payment assistance. Create homeownership through new construction, and acquisition - rehab -resale of affordable housing through the HOME CHDO. 4 Goal Name Deposit Assistance Program Goal Description To provide security deposits for low -moderate income families to secure housing and prevent homelessness. Utility deposits can also be provided but only when security deposit assistance is received. 5 Goal Name Neighborhood Services Goal Description To provide neighborhood services utilizing education and outreach to assist in making neighborhoods resilient and assist with connecting neighborhood needs with available resources, including non -profits, agencies, and other organizations that are working on improving the quality of life in Waterloo neighborhoods. To provide outreach for various Community Development programs, and work on economic development efforts in low- income neighborhoods. Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 27 Page 225 of 435 6 Goal Name Acquisition of Real Property Goal Description To secure properties through acquisition that can be rehabilitated into affordable housing or demolition for remove slum and blight and make way for affordable new construction housing. 7 Goal Name Public Services Goal Description To provide services that assist extremely low, low and moderate -income individuals, including outreach and education services, homeless prevention, shelter services, neighborhood stabilization, work force opportunities, and services that will help create and sustain affordable housing. 8 Goal Name Public Facilities and Improvements Goal Description To provide parks in low income areas and enhance the Cedar Valley Boys and Girls Club by installing an elevator for handicap accessibility and restroom reconstruction that allows for social distancing in response to the COIVD-19 pandemic. 9 Goal Name Clearance and Demolition Goal Description To demolish vacant and dilapidated buildings that will assist with eliminating slum and blight to create infill development sites or convert areas into green spaces. Annual Action Plan 28 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 226 of 435 AP-35 Projects - 91.420, 91.220(d) Introduction The following projects are based on the City's identified priority needs: • Create and Sustain Affordable Housing • Homeless Prevention • Neighborhood Stabilization The City will use CDBG, and HOME funding to support the projects that address priority needs. The majority of the projects are targeted to low- moderate income individuals and households, or neighborhoods in the census tracts with 51% or more low- moderate income households. The City of Waterloo has allocated $4,254,825 for housing related activities. These activities include housing rehabilitation, emergency repairs, homeownership, deposit assistance, acquisition, and clearance and demolition. Public Services was allocated $185,000 for neighborhood services, food insecurity, emergency overnight shelter, and child care programs. Public Facilities and Improvements was allocated $335,000 for the Edison Park Phase II Project and renovations to the Boys and Girls Club. # Project Name 1 FY23 Housing Rehabilitation 2 FY23 Owner Occupied Emergency Repairs 3 FY23 Homeownership 4 FY23 Deposit Assistance 5 FY23 Neighborhood Services 6 FY23 Acquisition of Real Property 7 FY23 Public Services 8 FY23 Public Facilities Improvements 9 FY23 Clearance and Demolition 10 FY23 CDBG General Administration 11 FY23 HOME General Administration 12 FY23 CDBG Rehabilitation Administration Table 4 — Project Information Annual Action Plan 29 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 227 of 435 Describe the reasons for allocation priorities and any obstacles to addressing underserved needs HUD defines areas of racial or ethnic minority concentration as geographical areas where the percentage of minorities or ethnic persons is 10% higher than in the city overall. Waterloo has several census tracts that meet the criteria for areas of racial concentration, which is when a single minority/ethnic group exceeds at least 10% of the group's citywide average, as racial minorities comprised 23.8% of the population. In Waterloo, an area of racial concentration includes the Census tracts where the percentage of minority residents is 33.8% or higher. Those census tracts include 1, 2, 3, 5, 7, 9, 17.01, 17.02, 18, 19, and all those census tracts are included in the Consolidated Urban Revitalization Area (CURA). Census tracts 7, 8, and 11 are considered areas of concentration for Hispanic or Latinos. Census tract 3 shows an area of concentration for Asians, census tract 7 has a concentration of other races, while census tracts 1, 2, 5, 7, 17.01, 17.02, 18, and 19 are shown to be areas of racial concentration for Blacks/African-Americans. According to the 2019 5-year ACS Data census tracts 1 and 3 are targeted areas based on the below average median value of owner -occupied units, median household income, and educational achievement- high school or higher. These census tracts were also targeted due to the above average renter occupied units, vacant units rates, poverty rate, and child poverty rate. Currently the obstacles to addressing underserved is the tight housing market and increasing home prices; making homeownership unachievable for low -moderate income families. To make the home affordable it is taking a larger amount of funding to bridge the gap between the sales price and the affordable price for the family. New construction homes are not affordable to most families as the median income for the City of Waterloo according to the 2020 Census Data was $46,942. Rents are also increasing faster than the average income. Rental programs are also having to spend more resources assisting each family as the rental housing prices climb. As a result the programs are assisting less families. Other obstacles include the processes that are required to acquire vacant and dilapidated properties. This can be a long drawn out process that can take a number of years to complete. By the time the City is able to acquire the properties, they are in such disrepair the cost of rehabilitation is almost doubled. Annual Action Plan 30 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 228 of 435 AP-38 Project Summary Project Summary Information Project Name FY23 Housing Rehabilitation Target Area Citywide Local Targeted Neighborhoods Goals Supported Housing Rehabilitation Needs Addressed Create and Sustain Affordable Housing Homelessness Prevention Neighborhood Stabilization Funding CDBG: $1,084,002 HOME: $483,663 Description Rehabilitation of owner occupied and rental properties. Rehabilitate properties acquired to be sold to low-income homebuyers. This may include single family or multi -unit properties. Rehabilitation will be provided to qualified households to reduce slum and blight and ensure affordable housing remain safe and sanitary. Match funds for the Lead Based Paint Hazard Control Program. Provide funding to sub recipients for the purpose of rehabilitation services. Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities The estimated number of families that will benefit from housing rehabilitation activities is 27. Location Description Rehabilitation projects will be both citywide and local targeted neighborhoods. Planned Activities Housing Rehabilitation Activities Planned Include: • Waterloo Community Development Rehabilitation Program • Iowa Heartland Habitat for Humanity Critical Repair Program • Iowa Heartland Habitat for Humanity CHDO Rehabilitation. • Cedar Falls HOME Rehabilitation Program. 2 Project Name FY23 Owner Occupied Emergency Repairs Target Area Citywide Local Targeted Neighborhoods Annual Action Plan 2023 31 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 229 of 435 Goals Supported Owner Occupied Emergency Repair Needs Addressed Create and Sustain Affordable Housing Funding CDBG: $346,052 Description Provide assistance with emergency repairs that can help keep housing safe and sanitary that are above normal maintenance needs. Emergency repairs are limited to L/M income qualified homeowners. Assistance may be in the form of a grant or a loan. Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities The estimated number of families that will benefit from the proposed activities is 18. Location Description The activity will be available citywide and in local targeted neighborhoods. Planned Activities Planned activities include the Emergency Repair Program. 3 Project Name FY23 Homeownership Target Area Citywide Goals Supported Homeownership Needs Addressed Create and Sustain Affordable Housing Funding HOME: $1,633,501 Description Construction of new affordable housing units with CHDO funds that will be sold to L/M income qualified buyers. $84,780 of the current HOME allocation, $109,154 of prior resources will be set aside for CHDO new construction to be completed in Waterloo. The City of Cedar Falls will provide Habitat for Humanity additional CHDO set -aside to complete 1 new construction homes. $170,000 of prior year resources will be set aside for CHDO new construction. Direct homebuyer assistance will be provided to approximately 20 families in the cities of Waterloo and Cedar Falls. Community Development also plans to build 4 new construction home through a partnership with an affordable home builder. Target Date 6/30/2024 Annual Action Plan 2023 32 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 230 of 435 Estimate the number and type of families that will benefit from the proposed activities The estimated number of families that will benefit from the proposed activities is 26 Location Description New construction homes will be built in the 200-300 blocks of Gable St. Cedar Falls new construction project is located at 2925 Sands Ave. Habitat For Humanity will be building homes in the northern section of the Church Row neighborhood in the Park, Wellington W. 3rd and W.4th areas. Direct homebuyer assistance will be citywide. Planned Activities Homeownership Activities Planned Include: • Waterloo CHDO New Construction • Cedar Falls CHDO New Construction • Waterloo Direct Homebuyer Assistance • Cedar Falls Direct Homebuyer Assistance • Waterloo New Construction Projects 4 Project Name FY23 Deposit Assistance Target Area Citywide Goals Supported Deposit Assistance Program Needs Addressed Create and Sustain Affordable Housing Funding HOME: $71,000 Description Provide security deposit assistance to extremely low- and low-income qualified households to help with affordable housing efforts. Units receiving Deposit Assistance must pass an HQS inspection. Utility Assistance may be provided in conjunction with Security Deposit Assistance. Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities The estimated number of families that will benefit from the proposed activities is 50. Location Description The location of the activity is citywide for both Waterloo and Cedar Falls. Annual Action Plan 2023 33 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 231 of 435 Planned Activities Security Deposit Assistance Planned Activities Include: • Waterloo Security Deposit Program • Cedar Falls Security Deposit Program 5 Project Name FY23 Neighborhood Services Target Area Local Targeted Neighborhoods Goals Supported Neighborhood Services Needs Addressed Neighborhood Stabilization Funding CDBG: $95,000 Description Provides neighborhood services utilizing education and outreach to assist in making neighborhoods resilient and assist with connecting neighborhood needs with available resources, including non -profits, agencies, and other organizations working on improving the quality of life in Waterloo's neighborhoods. Also provide outreach for the various Community Development programs. Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities The estimated number of families that will benefit from the proposed activity is 500. Location Description The location of the activity is our local targeted neighborhoods. Planned Activities Neighborhood Services Planned Activities Include: • Neighborhood Services 6 Project Name FY23 Acquisition of Real Property Target Area Local Targeted Neighborhoods Goals Supported Acquisition of Real Property Needs Addressed Create and Sustain Affordable Housing Neighborhood Stabilization Funding HOME: $206,830 Description Acquisition will be used for costs to acquire property for the purpose of rehabilitation and to rehabilitate properties for use or resale for residential purposes. Target Date 6/30/2024 Annual Action Plan 2023 34 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 232 of 435 Estimate the number and type of families that will benefit from the proposed activities The estimated number of families that will benefit from the proposed activity is 4. Location Description The location of the proposed activity will take place in both Waterloo and Cedar Falls. Waterloo activities will be in the Ricker and Gable St. area and also citywide. Cedar Falls activities will be conducted in Northern area of Cedar Falls. Planned Activities Acquisition Planned Activities Include: • Acquisition 7 Project Name FY23 Public Services Target Area Citywide Local Targeted Neighborhoods Goals Supported Public Services Needs Addressed Create and Sustain Affordable Housing Homelessness Prevention Neighborhood Stabilization Funding CDBG: $90,000 Description Services provides to low -moderate income individuals and seniors. Public Services that will be funded will provide homelessness prevention, overnight shelter, food services for families that are currently facing food insecurity, and childcare services. Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities The estimated number of families that will benefit from the proposed activities is 1065. Location Description The location the activities will take place: The Salvation Army- 89 Franklin St. Waterloo, Iowa 50703, 603 S. Hackett Rd. Waterloo, Iowa 50701 The Northeast Iowa Food Bank- 1605 Lafayette St. Waterloo, Iowa 50703 Grin and Grow Daycare- 608 W. 4th St. Waterloo, Iowa 50702 Annual Action Plan 2023 35 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 233 of 435 Planned Activities Public Service Planned Activities Include: • The Salvation Army Shelter • The Northeast Iowa Food Bank • Grin and Grow Daycare 8 Project Name FY23 Public Facilities Improvements Target Area Citywide Local Targeted Neighborhoods Goals Supported Public Facilities and Improvements Needs Addressed Neighborhood Stabilization Funding CDBG: $335,000 Description This funding will provide much needed capital improvements to public facilities. Funding will also provide parks in a low -moderate income area. Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities The estimated number of families that will benefit from the proposed activities is 1000. Location Description The locations of the proposed activities are: Boys and Girls Club of the Cedar Valley- 515 Lime St. Waterloo, Iowa 50703 Edison Park Project- public held land on the corner of Bismark Ave. and Magnolia Pkwy. Sullivan Park Project- E. 4th St. Planned Activities Public Facilities Planned Activities Include: • Boys and Girls Club of the Cedar Valley • Waterloo Leisure Service- Edison Park • Waterloo Leisure Services- Sullivan Park 9 Project Name FY23 Clearance and Demolition Target Area Local Targeted Neighborhoods Goals Supported Clearance and Demolition Annual Action Plan 2023 36 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 234 of 435 Needs Addressed Neighborhood Stabilization Funding CDBG: $599,777 Description Demolish vacant and dilapidated buildings that will assist with eliminating slum and blight and creating infill development sites or the conversion to those areas into green spaces. Target Date 6/30/2023 Estimate the number and type of families that will benefit from the proposed activities The estimated number of families that will benefit from the proposed activity is 0. Location Description The location of the activities include: • St. Mary's Villa and School- E. 4th and Parker St. • Other locations as determined by need. Planned Activities Clearance and Demolition Activities Planned Include: • Clearance and Demolition 10 Project Name FY23 CDBG General Administration Target Area Citywide Local Targeted Neighborhoods Goals Supported Housing Rehabilitation Owner Occupied Emergency Repair Needs Addressed Create and Sustain Affordable Housing Homelessness Prevention Neighborhood Stabilization Funding CDBG: $613,966 Description Administration of CDBG Programs. Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities N/A Annual Action Plan 2023 37 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 235 of 435 Location Description General Administration for Waterloo Community Development is located at: • Waterloo Community Development 620 Mulberry St. Ste. 202 Waterloo, IA 50703 Planned Activities Administration of CDBG Programs. 11 Project Name FY23 HOME General Administration Target Area Citywide Local Targeted Neighborhoods Goals Supported Housing Rehabilitation Homeownership Deposit Assistance Program Acquisition of Real Property Needs Addressed Create and Sustain Affordable Housing Neighborhood Stabilization Funding HOME: $125,531 Description Administration of the HOME Programs. Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities N/A Location Description HOME Administration for Waterloo Community Development is located at: • Waterloo Community Development 620 Mulberry St. Ste. 202 Waterloo, IA 50703 Planned Activities Administration of the HOME Programs. 12 Project Name FY23 CDBG Rehabilitation Administration Target Area Citywide Local Targeted Neighborhoods Goals Supported Housing Rehabilitation Owner Occupied Emergency Repair Needs Addressed Create and Sustain Affordable Housing Neighborhood Stabilization Annual Action Plan 2023 38 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 236 of 435 Funding CDBG: $470,349 Description Administration of the Housing Rehabilitation and Owner -Occupied Emergency Repair Programs. Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities N/A Location Description Rehabilitation Administration for Waterloo Community Development is located at: • Waterloo Community Development 620 Mulberry St. Ste. 202 Waterloo, IA 50703 Planned Activities Administration of the Housing Rehabilitation and Owner Occupied Emergency Repair Programs. Annual Action Plan 39 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 237 of 435 AP-50 Geographic Distribution - 91.420, 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed Priority areas that will be targeted with funds are areas of low-income census tracts and areas of racial concentration. While these areas are located throughout Waterloo, the majority are located within the Consolidated Urban Revitalization Area (CURA) and Waterloo will continue to concentrate specific activities within the boundary area. The CURA encompasses the majority of census tracts with low income populations, areas of racial concentration, and housing with high lead risk, but there are census tracts beyond the CURA so it will be important to ensure those LMI areas also receive assistance. Additionally, the community survey identified three general areas and neighborhoods that had the highest priority which included the East Side, specifically areas along East 4th, Ricker and Gable street area. Walnut neighborhood, and the Church Row neighborhoods are additional priority areas. All of the above neighborhoods are located within the CURA and in census tracks with concentrations of LMI populations, are areas with racial concentrations, and have also been identified as areas with high lead risk by the Iowa Department of Health. Community Development is partnering with local agencies and non -profits to work on a neighborhood level to target affordable housing, including rehabilitation and new construction efforts and other efforts to reduce slum and blight, and the above areas will be considered areas of priority. Due to the number of census tracts that area identified as LMI areas in Waterloo, if opportunities arise in other LMI neighborhoods for new partnerships, they will also be considered. Geographic Distribution Target Area Percentage of Funds NEIGHBORHOOD REVITALIZATION STRATEGY AREA Citywide 50 Local Targeted Neighborhoods 50 Table 5 - Geographic Distribution Rationale for the priorities for allocating investments geographically The rationale for our target areas is HUD defines areas of racial or ethnic minority concentration as geographical areas where the percentage of minorities or ethnic persons is 10% higher than in the city overall. Waterloo has several census tracts that meet the criteria for areas of racial concentration, which is when a single minority/ethnic group exceeds at least 10% of the group's citywide average, as racial minorities comprised 23.8% of the population. In Waterloo, an area of racial concentration includes the Census tracts where the percentage of minority residents is 33.8% or higher. Those census tracts include 1, 2, 3, 5, 7, 9, 17.01, 17.02, 18, 19, and all those census tracts are included in the Consolidated Urban Annual Action Plan 40 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 238 of 435 Revitalization Area (CURA). Census tracts 7, 8, and 11 are considered areas of concentration for Hispanic or Latinos. Census tract 3 shows an area of concentration for Asians, census tract 7 has a concentration of other races, while census tracts 1, 2, 5, 7, 17.01, 17.02, 18, and 19 are shown to be areas of racial concentration for Blacks/African-Americans. According to the 2019 ACS 5-year data census tracts 1 and 3 have both been recognized as having below average median value of owner -occupied homes, median household income, and educational achievement of high school or higher . These areas are above average in poverty rate, child poverty rate, and renter occupied units. Discussion The housing rehabilitation and emergency repair programs continue to be significant programs in helping low-income residents remain in their homes as well as the construction of new single family homes through the assistance of a community housing development organization. Approximately 50% of the Waterloo households are considered low income and assisting with home repairs and the rehabilitation of their property can ensure they can remain safely in their homes and ensure future affordable housing stock is in safe and sanitary condition. Additional efforts, including neighborhood clean ups, infrastructure improvements, and other efforts to reduce slum and blight can also help improve the existing housing stock and neighborhoods. There are also continued efforts to assist with the construction of new single family homes in existing vacant infill lots, which will help boost the number of new affordable housing options. Annual Action Plan 41 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 239 of 435 Affordable Housing AP-55 Affordable Housing - 91.420, 91.220(g) Introduction The City of Waterloo will continue to focus its efforts in supporting the development and rehabilitation of affordable housing. Affordable housing continues to be a high priority in Waterloo and efforts will encompass a variety of the proposed activities to ensure there is quality affordable housing available in Waterloo. The activities will include support for a community housing development organization for the development of new affordable housing construction. Other major efforts will be the continued efforts towards the rehabilitation of existing single family homes to make them safe and sanitary, remove lead - based hazards, and will help reduce slum blight with those improvements, and ensure homeowners can continue to reside in their homes. The City of Waterloo has initiated the Elevate Housing Plan to redevelop, rehabilitate and improve 800 homes in Waterloo in eight years. The purpose of the plan is to increase homeownership, affordable housing, property improvement, and decrease problem rental properties in Waterloo. The goals will be achieved by increasing access to capital for those who struggle to obtain it, streamlining processes and applications, and developing a master housing plan to improve the city's neighborhoods. One Year Goals for the Number of Households to be Supported Homeless 40 Non -Homeless 1,525 Special -Needs 0 Total 1,565 Table 6 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 50 The Production of New Units 6 Rehab of Existing Units 45 Acquisition of Existing Units 4 Total 105 Table 7 - One Year Goals for Affordable Housing by Support Type Annual Action Plan 42 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 240 of 435 Discussion The one year goal is to provide 105 households with affordable housing. 1,565 households will be supported through Public Services such as the Northeast Iowa Food Bank and Grin and Grow Daycare. 40 households will be supported through homeless services provided by The Salvation Army. • Housing Rehabilitation will be provided in conjunction with the Lead Based Paint Hazard Control Program, Iowa Heartland Habitat for Humanity, The Emergency Repair Program, Rental Rehabilitation Loan Program, and rehabilitation to homes that have been acquired for the purpose of acquisition, rehab, resale- 45 Units. • Acquisition of vacant and dilapidated properties to be rehabilitated and resold as affordable units, and direct homebuyer assistance- 24 Units. • New Construction units through the CHDO Iowa Heartland Habitat for Humanity, and private developers- 6 Units. • Rental Assistance through security deposit assistance programs initiated through the City and Operation Threshold- 50 Units All activities listed above meet the definition of affordable housing in the HOME regulations at 24 C.F.R 92.252 for rental housing and 24 C.F.R. 92.254 for homeownership. The City of Waterloo follows a HUD approved Resale/Recapture Policy for affordable housing units that can be found in the Administrative Attachments of the Annual Action Plan. The housing rehabilitation and emergency repair programs continue to be significant programs in helping low-income residents remain in their homes. Approximately 50% of the Waterloo households are considered low income, by providing assistance with home repairs and rehabilitating properties ensures families will have decent, safe and sanitary living conditions. Additional efforts, including neighborhood clean ups, infrastructure improvements, and other efforts to reduce slum and blight can also help improve the existing housing stock and neighborhoods. There are also continued efforts to assist with the construction of new single family homes in existing vacant infill lots, which will help boost the number of new affordable housing options. The Ricker Street Project, Walnut and Church Row Projects all aim to preserve the affordable housing stock and stabilize neighborhoods to foster healthy living environments. Annual Action Plan 43 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 241 of 435 AP-60 Public Housing - 91.420, 91.220(h) Introduction The Waterloo Housing Authority owns and manages a public housing facility known as Ridgeway Towers as well as operating a Section 8 Housing Choice Voucher Program. The public housing units are located at 225 W. Ridgeway Ave in Waterloo and are open to seniors and disabled individuals. The building currently has an elderly designation of 62 and older, however may rent to individuals 55 if they do not have anyone over 62 on the waiting list. Ridgeway Towers is a three story 50 unit building with handicap accessibility. The City of Cedar Falls currently has no public housing. Actions planned during the next year to address the needs to public housing In -person quarterly resident meetings will be held to share information with the residents and answer questions and/or concerns. Since the pandemic began in 2020, in -person meetings were paused for the safety of the elderly residents. During this time we have been sending quarterly mailings to all of our tenants. Multi -year projects are set to begin including kitchen remodels and a community room remodel. The remodel includes items such as replacing cabinet doors, countertops and sinks in all of the units. Backsplashes will be installed as well as flooring in units that have not had flooring replacement within the past 5 years. Actions to encourage public housing residents to become more involved in management and participate in homeownership Actions to encourage public housing residents to become more involved in management and participate in homeownership include having tenant representation on the Waterloo Housing Authority Board of Directors. During the upcoming fiscal year, plans are being made to resume the quarterly meetings with residents to encourage suggestions for improvements to the building both physical and policy. The public housing facility is currently designated 62 and older, therefore, residents are not interested in homeownership. In fact, in many cases, residents have sold their home to move into Ridgeway Towers. Annual Action Plan 44 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 242 of 435 If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance The Waterloo Housing Authority is designated a high performer. The Cedar Falls Housing Authority is not in a troubled status. Discussion Ridgeway Towers was constructed in 1976, and although Capital Funds are received to maintain the building, the facility is in need of additional funds to keep the property in a good working condition and make the apartments more appealing to perspective residents. As costs continue to rise the cost of everything from cleaning supplies, to PTAC filters, to toilet fill valves have increased making day-to-day operations a struggle. In addition the Housing Authority currently pays all utilities for the residents. There have been dramatic increases across the board on all utilities. This adding to the cost burden of the buildings operations. Annual Action Plan 45 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 243 of 435 AP-65 Homeless and Other Special Needs Activities - 91.420, 91.220(i) Introduction Currently the Cities of Waterloo and Cedar Falls do not receive direct funding such as ESG for homeless. Homelessness does remain one of our top priorities. Funding has been allocated to the Salvation Army Homeless Shelter to address homelessness directly. Homelessness prevention is also a strategy of the City of Waterloo. Funding is provided to public service agencies for services such as food and security deposit assistance so available resources can be used for rent and utilities. We continue to include homelessness for our partners that need Certification of Consistency with the Consolidated Plan. This allows the city to address homeless needs through other agencies that receive other federal, state and local funding. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The jurisdiction's one year goals for reducing homelessness include providing funding to the Salvation Army Homeless Shelter to cover operating and staffing costs. Waterloo Community Development will continue to be engaged with the Homeless Coordinating Board to ensure homeless individuals are provided shelter and services to secure permanent housing. The City will begin its consultation process for the American Rescue Plan that will address homeless individuals and families as a qualified population. The LHCB conducts the annual Point -In -Time survey and the results are shared with the Institute of Community Alliance. Many of the organizations are also focused on providing assistance to those persons and households currently experiencing homelessness. The organizations provide the following services: counseling, legal assistance, case management, life skill training, financial literacy courses, access to basic everyday resources including food, victim advocacy, and mental health related activities. These activities help assist low income persons and households to become more self-sufficient. The City of Cedar Falls will address, and attempt to end, homelessness in the community through the CDBG, HOME, and Housing Choice Vouchers programs. With regard to actions, the City will award repair and rehabilitation work on both owner and renter occupied units, as well as provide agency funding to LMI Clientele agencies that address homelessness. Annual Action Plan 46 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 244 of 435 Addressing the emergency shelter and transitional housing needs of homeless persons The Salvation Army operates two emergency shelters in Waterloo. The shelters include an 18-bed facility for single men, and there is separate 32-bed facility for women and children. Catholic Worker House provides 22 beds for both men and women in their facility. Children under the age of 18 in need of temporary housing are placed in the county's youth shelter, a non -secured facility that provides short term care. The youth shelter primarily serves victims of physical or sexual abuse, children whose family are experiencing a crisis, children awaiting foster care or group home placement, and children referred directly from a psychiatric unit. Several facilities in Waterloo provide transitional housing for homeless individuals and families. House of Hope, a privately funded organization, provides 10 units with 24 beds and currently has a waitlist for families in need of assistance. Additionally, the program will begin to provide transitional housing to up to 5 women who are transitioning out of foster care, in order to provide a stop gap and reduce homelessness in the population. Cedar Valley Friends of the Family provides two programs offering a total of 63 beds, with 46 beds for families, and 17 beds for adults only. Their programs are targeted to domestic violence survivors. Community Housing Initiatives offers permanent supportive housing and operates a 13-bed facility, with one family unit with two beds, and 11 adult only -beds. The City of Cedar Falls addresses homelessness and special needs in the following ways. First, the City funds agencies where expenses relate to operating homeless shelters (Salvation Army in prior years). Second, the City also funds agencies such that they may offer specific training and education that may affect a household's needs, by hopefully offering resources regarding financial management, abuse, and family relationships, and credit counseling. Third, the City has offered CDBG funding for at- home healthcare, outpatient mental health services, and substance abuse counseling/treatment. Fourth, the City is funding several agencies that are providing rent or mortgage assistance, the need for which originates with the COVID-19 pandemic. Finally, the City, using its CDBG and CDBG CARES funds, hopes to address hunger and nutritional needs by funding the regional food bank pantry. As is generally expected, resident needs outpace the amount of funding the City can offer the agencies through the CDBG program alone. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The City of Waterloo will continue to support the Black Hawk County Local Homeless Coordinating Board and other agencies that provide support to homeless services and that are focused on reducing chronic homelessness. The activities will include assisting with increasing the capacity of existing shelters, including providing new permanent housing beds for those that are chronically homeless. Additionally, it Annual Action Plan 47 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 245 of 435 will be equally important to support agencies that provide services that help the chronically ill transition out of homelessness. The Salvation Army has a plan to complete an exit packet with each resident. Completing the exit packet is not always successful as residents often refuse or disappear from the shelter. The exit packet is a planning guide for residents and outlines obstacles they may face and provides resources to deal with those obstacle. The City of Cedar Falls has, and will, award funds to several agencies that provide services to persons seeking to transition to permanent housing and independent living situations. Through annual Entitlement funds awarded to the City, a significant amount the City's funding has been provided or pledged to provide education, financial counseling, food, substance abuse treatment, healthcare, transitional sheltering, and family services. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. The Black Hawk County Homeless Coordinating Board has established discharge policies to protect populations, especially those that are vulnerable to homelessness, based on policies that were implemented by the State of Iowa. The Black Hawk County Homeless Coordinating Board adopted the FY 2018 Black Hawk/Grundy/Tama Coordinated Service Region Policies and Procedures Manual for Coordinated Entry as part of the Balance of State Continuum of Care (BoS CoC) and their guiding principles include the adoption of statewide standards, providing client choice regarding program participation, promote client -centered practices, prioritize the most vulnerable, collaboration between the CoC and other agencies and key partners, provide accurate data, utilize performance -driven decision making, having a housing first focus by providing permanent supportive housing to those experiencing chronic homelessness, and ensuring transparency of the process. The City of Cedar Falls has award funds to several agencies that provide services to persons seeking to transition from publicly funded institutions and systems of care. Through annual Entitlement funds awarded to the City, a significant amount the City's funding has been provided or pledged to provide education, financial counseling, food, substance abuse treatment, healthcare, transitional sheltering, and family services. Said services are intended to be offered to residents of the community publicly. Annual Action Plan 48 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 246 of 435 Discussion Due to the continued needs and the growing population that is at high risk for becoming homeless, it is important to continue to support agencies and organizations that help high risk individuals and households to become more self-sufficient and to have access to services. The continued reduction of CDBG and HOME funds place a strain in the amount of funds that can be dedicated to the homeless population. It is not only necessary to provide shelter, but to construct a plan and provide counseling services that address the reasons the individual or family became homeless or the reasons they are experiencing chronic homelessness. Annual Action Plan 49 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 247 of 435 AP-75 Barriers to affordable housing -91.420, 91.220(j) Introduction The main housing barrier identified was the growing mismatch between real income and housing costs. Additional issues included the difficulty for large families and people with disabilities to access affordable housing, the growing disparity between white and minority household income, unemployment, and homeownership rates. The activities proposed are targeted towards improving existing housing stock and targeting areas with greater disparities to help reduce the identified gaps. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment Actions planned by the City of Waterloo to remove barriers and allow growth of affordable housing include: Continue to hold monthly Housing Task Force Meetings. The Housing Task Force has updated rental ordinances that will increase fines that landlords would receive for properties with multiple failed rental inspections. The City will implement an additional rental inspector to address the deteriorating rental housing stock in the City. After adopting a rental inspection that mirrors that Minimum Housing Quality Standards inspection, all rental units will be required to pass the inspection to receive a rental permit. Waterloo Community Development will continue to work with The Salvation Army, our local homeless shelter, to discuss barriers that current clients and clients with chronic homelessness are facing. Continue to work with private investors that are working to acquire property from the City's 657A seized properties list to be turned into affordable housing units. Continue to provide rehabilitation and emergency repair assistance to low -moderate income households to preserve the affordable housing stock. The City of Cedar Falls takes action to ameliorate negative effects of public policy on housing affordability. Also, the City may wish to explore public -private -nonprofit partnerships in the development of affordable housing. Nonprofit developers can build mixed income housing and attract additional resources/financing that private developers cannot, when it comes to creating new affordable housing. Said housing may be marketed at workforce housing as opposed to being labeled affordable. Nevertheless, the City does recognize the effect that their housing market, along with high materials prices and supply chain issues caused by the pandemic are having on the price of housing, which may affect whether or not people can afford to live in the community. The City's Comprehensive Plan identifies future use including areas that may be developed at higher densities, which may help address the availability of affordable housing. Specifically, the plan identifies the following areas that may be suitable for higher density development: along University Avenue, west of Hudson Road; immediately east of the University of Northern Iowa; and intermixed with uses in the Main Street area, between 1st Street and 7th Street. The codes, specifically zoning, building, and other Annual Action Plan 50 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 248 of 435 regulatory ordinances that the City has adopted are designed and drafted to treat properties and people uniformly and fairly. The City has completed a community visioning plan for the Downtown and College Hill areas. The community involvement with each plan pointed to a need for housing options. The City adopted a new downtown zoning code in November 2021 that will enable various housing types and provide housing flexibility and affordability. Building permit fees are based upon the value of the improvements made to properties in an attempt to create fairness. The City adopted a complete Housing Needs Assessment in May 2023 that analyzes existing housing conditions, market, and data, as well as includes need projections, and makes housing -specific recommendations. Discussion The activities proposed will help alleviate barriers to affordable housing. While 50% of the Waterloo households are low-income, there are also disparities with income, unemployment, and homeownership. The activities proposed will target neighborhoods that are both LMI areas and areas of racial concentration, helping push resources in areas of high need and target the population experiencing the greatest need. Additional assistance, such as the down payment assistance, new construction, and acquisition with rehabilitation and resale opportunities will also support homeownership opportunities, as well as rehabilitation and emergency repairs, which will help current homeowners remain in their homes. Annual Action Plan 51 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 249 of 435 AP-85 Other Actions - 91.420, 91.220(k) Introduction The City of Waterloo proposed to undertake several actions in order to address several goals outlined in the Strategic Plan. • Address affordable housing needs • Eliminating slum and blight to provide a suitable living environment • Expand economic opportunities • Neighborhood Stabilization Actions planned to address obstacles to meeting underserved needs Actions planned to address obstacles to meet underserved needs includes: • Holding regular meetings with public service agencies to identify the gaps in services and funding needs. • Work with Neighborhood Services Coordinator to provide outreach to low income neighborhoods to connect residents with available resources. • Continue to participate in the Housing Task Force meetings to discuss housing related issues and provide solutions to those issues. • Continue to evaluate program policies and procedures, city codes and ordinances as needed for improvements and updates. Actions planned to foster and maintain affordable housing There are several actions being proposed to help foster and maintain affordable housing. • Provide support to proposed new construction of affordable housing • Acquire property that can be rehabilitated or used for new construction, or any resale of property that can be used to house low income households. • Continue to provide funding for single family owner occupied housing development by collaborating with a Community Housing Development Organization. • Provide citywide rehabilitation for owner occupied and rental housing, to help preserve and stabilize existing affordable housing stock • Provide citywide emergency repair for owner occupied homes in order to ensure the existing Annual Action Plan 52 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 250 of 435 housing is maintained and preserved • Work to help reduce slum and blight in neighborhoods in order to improve property value and improve lending opportunities for infill development • Provide homebuyer assistance to bridge the gap of rising housing costs and homebuyer affordability. Actions planned to reduce lead -based paint hazards The rehabilitation program requires that each participating property is evaluated for lead -based paint hazards. Any rental rehabilitation properties that also receive assistance will be evaluated for lead based hazards. Currently the City of Waterloo is a recipient of Lead -Based Hazards grant from HUD and is partnering with the Black Hawk County Health Department to perform lead paint assessments and clearance testing on those properties. Required inspections will be completed by a certified Lead Risk Assessor and any identified lead paint hazards will be corrected by a certified Lead Safe Renovator. The grant is currently in its last year of a three and a half year grant cycle. The goal is to make 105 homes lead safe by the end of the grant cycle. Actions planned to reduce the number of poverty -level families The following strategies will help assist households living in poverty and reduce the number of households living in poverty: • Provide funding support to organizations and agencies that provide needed services, such as food, child care services, and other services that target low income persons and households. • Provide funding support to agencies and organizations that assist residents with special needs. • Continue to assist low income households with rehabilitation and emergency repair programs. • Provide down payment assistance to support homeownership and the accumulation of equity within the community. • Support infrastructure improvements in low income neighborhoods to increase property values and also bring economic developments into those areas. • Economic development programs to support skill and job training in order to improve the employability of those in the community living in poverty. • Address lead -paint based hazards, which impact the development grown of young children and their future employment and earning capabilities. • Support child and youth service activities to help provide mentoring and support for future Annual Action Plan 53 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 251 of 435 growth, and assist families so they can secure employment. Actions planned to develop institutional structure The proposed housing and community development activities will be carried out in cooperation with local government agencies, non-profit organizations, service providers, private industry, and public institutions. The support of the public, private, and non-profit organizations are important, and collaboration with the various organizations is an important component to the institutional approach of meeting the identified needs identified in the plan. Waterloo Community Development Board, the Waterloo Housing Authority, and the Black Hawk County Local Homeless Coordinating Board will continue to work in partnership to help reduce any potential service delivery gap between public and non-profit organizations. There are many agencies that provide a wide variety of services locally, including homeless prevention, reduction of poverty, affordable housing efforts, neighborhood revitalization, youth services, and many others. Actions planned to enhance coordination between public and private housing and social service agencies Each year, as part of the annual planning process, local agencies and organizations are invited to submit proposals for CDBG and HOME eligible activities. Many of these organizations participate in informational meetings, public hearings, and are engaged in the process. Waterloo Community Development works closely with many of the agencies and non -profits and participates in regular meetings with many of the different organizations in order to continue improving coordination. There have also been efforts for continued outreach and education on the available programs and opportunities that are offered. There is also an increased effort of participation with new organizations and entities to ensure awareness of the level of assistance. Discussion All of the actions taken in the Annual Action Plan are designated to support affordable housing, reduce lead based paint hazards, and reduce the number of families living in poverty and coordinate services between public and private housing and public service agencies. Annual Action Plan 54 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 252 of 435 Program Specific Requirements AP-90 Program Specific Requirements - 91.420, 91.220(I)(1,2,4) Introduction The following is a description of the program specific requirements under the Community Development Block Grant Program (CDBG) and HOME Investment Partnership Program (HOME). Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(I)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float -funded activities 0 Total Program Income: 0 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% Annual Action Plan 55 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 253 of 435 HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(I)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows: At this time there are no additional investments outside of those identified in Section 92.205 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: The recapture provision will include an affordability period based on the amount of HOME funds used for that purpose as follows: • Up to $14,999: 5 years • $15,000 - $40,000: 10 years • Greater than $40,000: 15 years The City of Waterloo will reduce the amount of direct HOME subsidy for recapture on a pro rata basis for the time the homebuyer has owned and occupied the housing measured against the affordability period. The resulting ratio, is used to determine how much of the direct HOME subsidy will be recaptured. The pro rata amount recaptured, divide the number of years the homebuyer occupied the home by the period of affordability and multiply the resulting figure by the total amount of direct HOME subsidy originally provided to the homebuyer. This summarizes the resale/recapture provision. The full provision can be viewed in the Administrative attachments of the Annual Plan. 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows: The same recapture provisions are used as listed above. Sub recipients and the Community Housing Development Organization (CHDO) will use the City's resale and recapture provisions. The full recapture provision may be found in the administration section of the Annual Action Plan in the attachments. 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: The City does not intend to refinance existing debt using HOME funds. Annual Action Plan 56 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 254 of 435 This Annual Plan provides funding for HOME activities including: • Direct Assistance to Homebuyers • Owner Occupied Single Family Rehabilitation • New Construction • Security Deposit Assistance • Acquisition No additional activities are included that are not identified as eligible activities in 92.205 All activities require a lien on the property or a restrictive covenant for the sale of a HOME assisted unit. Annual Action Plan 57 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 255 of 435 Resale/Recapture provisions (24 CFR 92.254(a)(5)) The City of Waterloo has elected to adopt the following recapture provisions when HOME funds (including program income) are used for affordable housing assistance. Recapture guidelines are used for any homebuyer activity where the client receives direct financial assistance (down payment assistance). Recapture may only be used when there is direct assistance to the buyer. Resale is not used by the City. However, if the client did not receive direct financial assistance, the resale provision would apply and the City's policy will be revised. U.S. Department of Housing and Urban Development must approve any changes made to the City's policy. Recapture Provision A recapture provision of the HOME regulations pursuant to CFR Part 24 92.254 (a)(5)(ii) will be used when HOME funded assistance is provided for down payment assistance for people at income levels of 80% or less of Waterloo's median income. The homebuyer must reside in the home as the principal residence for the duration of the period of affordability. Should the homebuyer need to transfer the property (either voluntarily or involuntarily) during the affordability period, it must follow these recapture provisions. The homebuyer may resell the property on the open market to any willing buyer during the affordability period. The property is subject to this provision for an affordability period based on the amount of direct financial assistance of HOME funds to the buyer (down payment, closing costs and any write down of the purchase price from fair market value to an affordable price) as indicated in the following chart. Up to $14,999- 5 years $15,000-$40,000- 10 years Greater than $40,000- 15 years The client will sign and the City will record a mortgage in second position to the bank mortgage stating the principal residency requirement throughout the affordability period. The client will also sign a HOME Agreement with the City referencing property value, the amount of direct financial assistance provided, the recapture provisions, certification of principal residence and the property standards. The mortgage document includes the affordability period, the principal residency requirement and the recapture provision for the assistance. The City of Waterloo will reduce the amount of direct HOME subsidy for recapture on a percentage - based reduction for the time the homebuyer has owned and occupied the house measured against the affordability period if the housing unit is sold during the affordability period. For example, with a five year affordability period, the recapture amount will be reduced by one fifth for each year of occupancy. The resulting ratio is used to determine how much of the direct HOME subsidy the City will recapture. The amount recaptured cannot exceed what is available from net proceeds. To determine the amount forgiven, divide the number of full years the homebuyer occupied the home by the period of Annual Action Plan 58 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 256 of 435 affordability and multiply the resulting figure by the total amount of direct HOME subsidy originally provided to the homebuyer. If there are insufficient net proceeds available at sale to recapture the full pro rata amount due, the homebuyer and City will share net proceeds equally (50-50 split). Net proceeds are defined as the sales price minus principal loan repayment (other than HOME funds) and any closing costs. Under no circumstances will the City recapture more than the available net proceeds. Example 1: Appraised Value of the Property at Acquisition: $125,000 HOME Investment (Forgivable loan for down payment assistance): $5,000 Homebuyer investment -(additional down payment, closing costs): $2,000 Original bank mortgage: $120,000; balance of $118,000 The house is being sold for $130,000 in year 3 of the affordability period. Forgivable loan is in year 3 of 5. This means 2/5ths or 40% of the loan has been forgiven for the two full years of occupancy. Therefore, 60% of the down payment assistance is recaptured: $5000 x 60%= $3,000 Net proceeds= Sales price -primary loan repayment -closing costs ($130,000-$118,000-$2000= $10,000). Since the net proceeds are sufficient to repay the City, the City recaptures the full $3000. Upon receipt, the city considers the forgivable loan fully paid and releases the mortgage. Example 2: Consider the same transaction with the following changes: Selling price= $120,000 Original bank mortgage balance= $118,000 Net proceeds= $120,000-$118,000-$2,000(closing costs) =$0. Since there are no net proceeds, the client does not pay back any of the down payment assistance and the loan is satisfied. Example 3: Selling price of $121,000: Annual Action Plan 59 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 257 of 435 Net proceeds = $121,000-118,000-$2000=$1,000. Since the net proceeds are insufficient to recapture the full amount of the $3000, the City and the owner share net proceeds equally and each receives $500. The terms of this recapture provision will be used through execution of a mortgage, promissory note and HOME written Agreement between the homebuyer and the City which specifies the period of affordability and the occupancy and recapture requirements. The mortgage is recorded in second position to the primary loan. If the owner transfers title to the property either voluntary or involuntary, the owner must repay the balance of the forgivable HOME loan to the City following the recapture guidelines stated previously. If the owner rents or vacates the unit during the affordability period, or sells the home without the City receiving recaptured funds due at time of sale the owner would be in non-compliance, and the City reserves the right to hold the owner accountable for the full amount of the HOME funds provided to that housing unit. This is based on the total amount of HOME funds invested, including both development funds and direct financial assistance to the buyer minus any principal HOME loan repayments. The repayment is not subject to any reductions that might be otherwise applicable under a recapture provision such as forgiveness for term of occupancy or repayment to owner first. The City will monitor compliance with the principal place of residency requirement throughout the affordability period. The owner will be mailed a letter requesting a copy of the homeowner's insurance policy declaration page and a copy of a utility bill. If the owner is not in compliance, the guidelines stated previously will be followed. Resale Provision Not applicable at this time. If no direct financial assistance is provided to the client, the City will revise its policy to use the resale provision. U.S. Department of Housing and Urban Development must approve any changes made to the City's policy. Updated 8-16-2018 J:\Angie-F\Policies and Procedures\resale-recapture to HUD 8-16-18.docx Annual Action Plan 60 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 258 of 435 Administrative Attachment #2 Community Development 1st Public Hearing Meeting Minutes January 10, 2023 I. Call to order Cody Leistikow called to order the 1st Public Hearing for the FY24 Annual Action Plan of the Community Development Board via zoom at 5:00 p.m. on Tuesday, January 10, 2023. Leistikow asked for an approval of the agenda for the public hearing for January 10, 2023. It was moved by Rucker and seconded by Hansen to approve the agenda. Motion carried. II. Attendance: Present: Chairperson Cody Leistikow, Zach Hansen Angela Weekley, Cam Campbell and Jessica Rucker Members Absent: Tina Hummel Also Present: Rudy D. Jones, Community Development Director; Anita Rousselow, Administrative Secretary; Angie Fordyce, Community Development Coordinator; Stephanie Shavers, Neighborhood Services Coordinator; Pam Mast, Intake Specialist; Barb Prather, Northeast Iowa Food Bank; Susan Entriken, Northeast Iowa Food Bank; Sarah, Boleyn, Child Care Resource and Referral of NE Iowa; Esther Meuer-Valtchev, Child Care Resource and Referral of NE Iowa; Lisa Wetzel, Northeast Iowa Area Agency on Aging; Ben Brustkern and Will Bird, Friends of the Family; Carrie O'Connor, Iowa Legal Aid, Grace Fee, Salvation Army; Paul Huting, Leisure Services; Shannon Bass, Northeast Iowa Food Bank, Ed Gruenwald, Grin and Grow Child Care III. Motion to Receive and File Affidavit Secretary Name IV. Motion to Open the Public Hearing Leistikow asked for a motion to open the public hearing. Hansen made a motion to open the public hearing and Rucker seconded that motion. Motion Carried. Barb Prather, Director of the Northeast Iowa Food Bank discussed funding, she stated that because SNAP benefits were cut they saw a dramatic increase in need. The need has increased 60% from FY20 to FY23. She mentioned that during the Thanksgiving holiday week, they served 500 more families than the previous year. The Food Bank has a definite need for Annual Action Plan 61 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 259 of 435 the FY24 funds. Shannon Bass reiterated that the cost of living has increased as well as the cost of doing business, so Northeast Iowa Food Bank definitely can use the funds. Boys and Girls Club staff had a prior commitment but they assured Community Development staff that they would be at the 2nd public hearing in February. Esther Meuer-Valtchev, Child Care Resource and Referral of NE Iowa discussed the need of funds for their nonprofit organization. This is the first time their organization has applied for these funds and they are looking at a retention of 10 home child care providers and the recruitment of ten additional home care providers. The Child Care Resource Center services are free services, these services include parent referral services, community services, consultation and training services. Ed Gruenwald, Grin and Grow Child Care talked about the expansion of the preschool program from 3 days to 5 days per week which they have partially funded through Cedar Valley Preschool Program. Grin and Grow currently supports 100 families with over 40,000 hours of childcare at a reduced cost. Lisa Wetzel, Northeast Iowa Area Agency on Aging discussed the two programs that they are seeking funding for FY24. Currently, both of these programs are funded through CARES Act funding. The Home Modification program is primarily ramps and bathroom modifications, depending on the cost, they estimate they will do 5-6 different projects with the funding they are requesting. NEI3A also has an Iowa Cafe Program, this program works with locally owned restaurants who provide meals to seniors in Waterloo. Currently, they are providing 167 meals monthly to 50 different seniors. Carrie O'Connor, Iowa Legal Aid a statewide organization works with low income and senior residents. The funding they are requesting will be used for the Waterloo Housing Stability program which includes having an intake person at the courthouse three days a week prior to eviction hearings. This eviction diversion project includes outreach and helps resolve housing related legal issues. The program also works with landlords to attempt to resolve issues and works to reach an agreement between the landlord and tenants. Grace Fee, Salvation Army requested funds for utility costs for the three shelters that their non- profit operates. Salvation Army has seen a 40% increase in homelessness since 2020. Inflation has also increased the cost of the utilities at each of the shelters. Paul Huting, Leisure Services, requested funds for the Sullivan Park Project, an ADFA accessible swing set, as well as the Phase II of the Edison School Park Project which includes a Annual Action Plan 62 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 260 of 435 half court basketball court as well as walkways. Community Development funded the first phase of the Edison school project in FY23. Ben Brustkern, Friends of the Family is seeking funding for their rapid rehousing program which includes paying rent and utilities and providing case management for a 9-12 month window for 17 units. This program allows the individuals to move from homeless to self- sufficiency. Friends of the Family partners with Legal Aid and Salvation Army currently. Currently there are 60 families who are experiencing homelessness and are waiting for housing, this number is down from 120 previously. Fordyce recommended to Brustkern to keep this application as this sounds like it would fit in with the HOME- ARP funding that will be available after March. V. Motion to Close the Public Hearing Leistikow asked for a motion to close the public hearing. Campbell made a motion to close the public hearing and Hansen seconded that motion. Motion Carried. VI. Motion to publish initial subcommittee recommendations on February 5, 2023 before the 2nd Public hearing which is February 21, 2023. Leistikow asked for a motion to publish the initial subcommittee recommendations on February 5, 2023 before the second public hearing on February 21, 2023.Hansen made the motion to publish the recommendations and Rucker seconded that motion. Motion carried. VII. Motion to Adjourn Leistikow asked for a motion to adjourn. It was moved by Campbell and seconded by Hansen to adjourn the meeting. Motion carried. Meeting Adjourned. Minutes submitted by: Minutes approved by: Board Annual Action Plan 63 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 261 of 435 Administrative Attachment #2 Community Development 2nd Public Hearing Meeting Minutes May 16, 2023 VII. Call to order Cody Leistikow called to order the 2nd Public Hearing for the FY24 Annual Action Plan of the Community Development Board via zoom at 5:00 p.m. on Tuesday, May 16, 2023. Leistikow asked for an approval of the agenda for the public hearing for May 16, 2023. It was moved by Hummel and seconded by Rucker to approve the agenda. Motion carried. VIII. Attendance: Present: Chairperson Cody Leistikow, Tina Hummel, Cam Campbell and Jessica Rucker Members Absent: Angela Weekley Also Present: Rudy D. Jones, Community Development Director; Anita Rousselow, Administrative Secretary; Angie Fordyce, Community Development Coordinator; Shannon Bass, Northeast Iowa Food Bank, Ed Gruenwald, Grin and Grow Child Care; Rob Nichols, Councilperson III. Motion to Receive and File Affidavit Secretary Name IV. Motion to Open the Public Hearing Leistikow asked for a motion to open the public hearing. Campbell made a motion to open the public hearing and Hummel seconded that motion. Motion Carried. Shannon Bass, Northeast Iowa Food Bank thanked the board for funding as need is always there. Shannon Bass reiterated that the cost of living has increased as well as the cost of doing business, so Northeast Iowa Food Bank definitely can use the funds. Ed Gruenwald, Grin and Grow Child Care thanked the board for the additional funding for expansion of the preschool program from 3 days to 5 days per week which they have partially funded through Cedar Valley Preschool Program. This funding will help 5 single moms with child care needs. Grin and Grow currently supports 100 families with over 40,000 hours of childcare at a reduced cost. IX. Motion to Close the Public Hearing Annual Action Plan 64 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 262 of 435 Leistikow asked for a motion to close the public hearing. Hummel made a motion to close the public hearing and Rucker seconded that motion. Motion Carried. X. Motion to authorize the publication of the 30 day comment period from May 22, 2023-June 21, 2023 and submit recommendations to the City Council for a public hearing on July 17, 2023. Leistikow asked for a motion to authorize publication of the 30-day comment period from May 22- June 21, 2023.Campbell made the motion to publish the 30 day comment period and Hummel seconded that motion. Motion carried. VII. Motion to Adjourn Leistikow asked for a motion to adjourn. It was moved by Hummel and seconded by Campbell to adjourn the meeting. Motion carried. Meeting Adjourned. Minutes submitted by: Minutes approved by: Board Annual Action Plan 65 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 263 of 435 CDBG Organization FY23 funding Level FY24 Request FY 24 Subcommittee Recommendation- FY 24 Reprogrammed Funding Activity Emergency Repairs HSG 2 $ 100,000 $ 100,000.00 Emergency repair for single family homes. General Program Administration (20% of alloca ADM 3 $ 240,000 $ 247,032.00 CDBG Administration 20% Iowa Heartland Habitat of Humanity HSG 4 $ 50,000 $ 50,000 $ - Critical Home repairs through Waterloo- not focused on a particular neighborhood Neighborhood Services PS 5 $ 85,000 $ 85,000 $ 95,000.00 Neighborhood Services Liaison Northeast Iowa Food Bank PS 6 $ 20,000 $ 90,000 $ 45,000.00 fund salaries and benefits - 3 fulltime employees- cedar valley food pantry Boys and Girls Club of Cedar Valley PF 7 $ 350,000 $ 20,300 $ - Parking Lot Asphalt Overlay and Patching Child Care Resource and Referral of NE Iowa PS 8 $ 40,000 $ Recruitment and rentention of 10 current child Development providers- each will receive 2,000 incentive for 2 years Grin and Grow Child Care PS 9 $ 50,000 $ 25,000.00 Expanded Preschool Childcare Northeast Iowa Area Agency on Aging HSG $ 35,000 $ - Aging and disability home modification and repair Northeast Iowa Area Agency on Aging PS $ 39,042 $ - Iowa Cafe program Iowa Legal Aid PS 10 $ - $ 25,000 $ - Waterloo Housing Stability Program Waterloo Leisure Services PF 13 $ 30,000 $ 30,000.00 Sullivan Park -Swing Set Project Waterloo Leisure Services PF 14 $ 200,000 $ 75000 , $ 75,000.00 Edison School Park Project Phase II BB court and connecting walkways Rehabilitation Administration ADM 15 $ 125,000 $ 175,000.00 Rehabilitation Project Delivery Costs Housing Rehabilitation HSG 16 $ 458,662 $ 423,129.00 Rental Rehabilitation Clearance and Demolition SBS $ 30,000 Garage Demolition The Salvation Army PS 18 $ 20,000 $ 20,000 $ 20,000.00 Housin• Services-Operatin• Cost for Emer•enc Shelter - TOTAL CDBG REQUESTS HOME Organization $ 559,342 FY24 Request $ 1,235,161 FY 24 Subcommittee Recommendation- $ FY 24 Reprogrammed Funding FY23 Funding - - City of Cedar Falls HSG 19 $ 326,000 $ 118,792 Annual Allocation - HOME Consortium for CHDO New Construction Iowa Heartland Habitat for Humanity (CHDO Request) 15% = HSG 20 $ 75,000 $ 85,000 $ 84,780 Attordable single Family Homes - New Construction (W 4th street) $ Waterloo, $Cedar Falls New Construction of Affordible Housing HSG $ 402,455 $ 305,228 New Construction of affordable housing - infill spots Single Family Rehabilitation HSG 21 Single Family Owner -Occupied Rehabilitation Operation Threshold TBRA 22 $ 20,000 Security Deposit Community Development Security Deposits TBRA $ 30,000 Page 264 of 435 Friends of the Family HSG $ 250,000 Waterloo Housing Program Down Payment Assistance HSG 23 $ 420,000 Home Buyer Assistance for income qualified first time home buyer Acquisition HSG $ 300,000 Reprogrammed funding rehabilitation Acquisition/Rehab/Resale of dilapidated properties on Ricker St. Down Payment Assistance- Developer 24 Developer Down Payment Assistance-DPA -Homeowner Administration (10% of allocation) ADM 25 $ 49,181 $ 56,533 HOME Administration TOTAL HOME REQUESTS 335,000 $ 565,333 $ Page 265 of 435 CITY OF ATERLOO J COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE July 17, 2023 AGENDA ITEM TITLE Request by Hurst and Sons Contractors, LLC to rezone 0.46 acres from "M-1" Light Industrial District and "R-2" One and Two Family Residence District to "M-1" Light Industrial District at 622 Ansborough Avenue. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Request to approve a rezone request by Hurst and Sons Contractors, LLC to rezone 0.46 acres from "M-1" Light Industrial District and "R-2" One and Two Family Residence District to "M-1" Light Industrial District at 622 Ansborough Avenue. The applicant is requesting to rezone the property in question in order to better utilize the proposed rezone area for "M-1" Light Industrial District uses. The area of the proposed site is currently zoned "R-2" One and Two Family Residence District and M- 1 Light Industrial District and has been zoned as such since the adoption of the zoning ordinance in 1969. North and South— Commercial and light industrial uses, zoned "M-1" Light Industrial District. East — Ansborough Avenue with commercial and residential uses, zoned "C-2" Commercial District and "R-2" One and Two Family Residence District. West — Galloway Park, zoned "R-2" One and Two Family Residence District. The Future Land Use Map designates this property as Mixed Commercial; Medium High Density Residential; Professional Offices; Neighborhood Commercial. The rezone request would not be in conformance with the Future Land Use Map and Comprehensive Plan for this area. The rezone request would not be in conformance with such designation, however, the Future Land Use Map is only used as a guide in making land use decisions. The site has always had split zoning, but has been historically been used for the business. Therefore approving this rezone request would be in character with the area. Therefore, staff recommends that the request by Hurst and Sons Contractors, LLC to rezone 0.46 acres from "R-2" One and Two Family Residence District and "M-1" Light Industrial District to "M-1" Light Industrial District at 622 Ansborough Avenue be approved for the following reasons: Page 266 of 435 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. NEIGHBORHOOD IMPACT The request would not appear to have a negative impact on the surrounding neighborhood which mostly consists of vacant land with abutting commercial and industrial uses, and Ansborough Avenue. The applicant is in the process of selling the property and they wanted all the land to be zoned "M-1" Light Industrial District. The property has split zoning, and the "R-2" portion has historically been part of the business. The request to rezone the land from "R-2" to One and Two Family Residence District to "M-1" Industrial District is not anticipated to have a negative impact upon nearby properties or adjacent land uses. Rezoning of the land would not appear to have a negative impact upon drainage. No portion of the property is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0169F, dated July 18, 2011.There is 10" sanitary sewer main, 4" drain tile, and 27" storm sewer main underneath Ansborough Avenue. No utilities will be impacted by this request. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION All that part of the South 100 feet of the North 30 acres of the Northeast Quarter of the Southeast Quarter of Section No. 21, Township No. 89 North, Range No. 13 in the City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the intersection of the North line of the South 100 feet of the North 30 acres of the Northeast Quarter of the Southeast Quarter of said Section, with the east line of Aladdin Street (if extended); thence East along the North line of said 100 foot tract 254.7 feet to the West line of the Waterloo, Cedar Falls & Northern Railway right of way; thence South along the West line of said right of way a distance of 100 feet to the South line of said 100 foot tract; thence west along the South line of said 100 foot tract a distance of 254.7 feet to a point where said south line intersects the East line of Aladdin Street (if extended); thence North 100 feet to the place of Page 267 of 435 beginning, except the East 54.7 feet thereof. ATTACHMENTS 1. City Council Packet Page 268 of 435 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: July 17, 2023 Request by Hurst and Sons Contractors, LLC to rezone 0.46 acres from "M-1" Light Industrial District and "R-2" One and Two Family Residence District to "M-1" Light Industrial District at 622 Ansborough Avenue. Hurst and Sons Constrictors, 2425 W 4th Street, Waterloo, IA, 50701. The applicant is requesting to rezone the property in question in order to better utilize the proposed rezone area for "M-1" Light Industrial District uses. The request would not appear to have a negative impact on the surrounding neighborhood which mostly consists of vacant land with abutting commercial and industrial uses, and Ansborough Avenue. The applicant is in the process of selling the property and they wanted all the land to be zoned "M-1" Light Industrial District. The property has split zoning, and the "R-2" portion has historically been part of the business. The request to rezone the land from "R-2" to One and Two Family Residence District to "M-1" Industrial District is not anticipated to have a negative impact upon nearby properties or adjacent land uses. The Trolley Trail is located 775 feet north of the proposed rezone area. There is existing sidewalk along Ansborough Avenue. The area of the proposed site is currently zoned "R-2" One and Two Family Residence District and M-1 Light Industrial District and has been zoned as such since the adoption of the zoning ordinance in 1969. North and South— Commercial and light industrial uses, zoned "M- 1" Light Industrial District. East — Ansborough Avenue with commercial and residential uses, zoned "C-2" Commercial District and "R-2" One and Two Family Residence District. West — Galloway Park, zoned "R-2" One and Two Family Residence District. Commercial and Industrial structures within the immediate rezone area were constructed between the 1940s-1990s. No buffers will be required until something is constructed on the site. Rezoning of the land would not appear to have a negative impact upon drainage. 622 Ansborough Avenue Rezone"M-1" and "R-2" to "M-1" Page 1 of 4 Page 269 of 435 FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: July 17, 2023 No portion of the property is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0169F, dated July 18, 2011. Galloway Park is located to the west of the proposed rezone area. There are no schools in the immediate vicinity of the rezone area. There is 10" sanitary sewer main, 4" drain tile, and 27" storm sewer main underneath Ansborough Avenue. No utilities will be impacted by this request. The Future Land Use Map designates this property as Mixed Commercial; Medium High Density Residential; Professional Offices; Neighborhood Commercial. The rezone request would not be in conformance with the Future Land Use Map and Comprehensive Plan for this area. The rezone request would not be in conformance with such designation, however, the Future Land Use Map is only used as a guide in making land use decisions. 622 Ansborough Avenue Rezone"M-1" and "R-2" to "M-1" Page 2of 4 Page 270 of 435 July 17, 2023 Picture 1: Looking northeast at lot requesting rezoning. Picture 2: Looking northwest to lot requesting rezoning and Galloway Park. 622 Ansborough Avenue Rezone"M-1" and "R-2" to "M-1" Page of 4 Page 271 of 435 July 17, 2023 Picture 3: Another view looking northwest at lot. STAFF ANALYSIS SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: The site has always had split zoning, but has been historically been used for the business. Therefore approving this rezone request would be in character with the area. The applicant has no plans to subdivide the property. Therefore, staff recommends that the request by Hurst and Sons Contractors, LLC to rezone 0.46 acres from "R-2" One and Two Family Residence District and "M-1" Light Industrial District to "M-1" Light Industrial District at 622 Ansborough Avenue be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 622 Ansborough Avenue Rezone"M-1" and "R-2" to "M-1" Page 4of 4 Page 272 of 435 City of Waterloo City Council July 17, 2023 J 8 C12;CZ _ R=4, R-P l,4 Q 9R AVE, , C-1,C=Z 6 w � p O MIRADA DR A-1 --BAUCH ST- 0) STRATFORD AVE X z - BI SMARK'AVE - 0 U TRACEY, DR a0 w R-3 z— cn 0 i n 0 cc cc DOWNING AVE GARDEN AVE M-1 R-2 C;2,C-Z A-1 r BISMARK•AVE R-1, R-P > Q Q CD 0� 0 1,L Ze 000 91/. C _1 w JANNEYAVE J CRIEI L- TT- R-2 -1— CO�GERr M-2 1- 0) 0-BECK-AV& C1 R-3[LUNARLN 0,1"' n �gTti C-2;C=Z c_2] C-2,C-Z C_2 C=Z A-1 R West of 622 Ansborough Avenue Rezone from "M-1 and R-2" to "M-1" Hurst and Sons Contractors 5 Pogo 971 of 4`.' City of Waterloo City Council July 17, 2023 West of 622 Ansborough Avenue Rezone from "M-1 and R-2" to "M-1" Hurst & Sons Contractors 6 hcnr 774 of 4Z N � �E oc WA7- No S TRATFORD AVE R-2 M 1 M1 ANSBOROUGHAVF C-2 ui a 7 Page 275 of 435 All that part of the South 100 feet of the North 30 acres of the Northeast Quarter of the Southeast Quarter of Section No. 21, Township No. 89 North, Range No. 13 in the City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the intersection of the North line of the South 100 feet of the North 30 acres of the Northeast Quarter of the Southeast Quarter of said Section, with the east line of Aladdin Street (if extended); thence East along the North line of said 100 foot tract 254.7 feet to the West line of the Waterloo, Cedar Falls & Northern Railway right of way; thence South along the West line of said right of way a distance of 100 feet to the South line of said 100 foot tract; thence west along the South line of said 100 foot tract a distance of 254.7 feet to a point where said south line intersects the East line of Aladdin Street (if extended); thence North 100 feet to the place of beginning, except the East 54.7 feet thereof. 8 Page 276 of 435 APPLICATION FOR REZONINGAto �� 5.23.a3 CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's }�aa t 4 Business Name plicab e (plea e print) rs Address: 0,1105 jl Phone: lief .5t55. x: City: f�[ ,e% State:,.)¢ Zip: Sale Email: p,4eA �Ga q / eooc.— b. Status f applicant: (a) Owner X (6) Other (CHECK ONE): If other explain: c. Property owner's name if different than above (please print): Address: Phone: `r Fax: City: _ State: Zip: Email: 2. PROPERTY INFORMATION: a. General locatiyyk�of property to be rezoned: Q,/ -h PA? 71/410 b. Legal description of property toe rezoned: P% 0 A7/3og/jig. Q p Pro 8913 963 c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): d. Area of Proposed Zoning Boundary (Excluding Right of Way): e. Current zoning: Pa t R -01,.. 42 itt,-' Requested zoning: %il - / f. Reason(s) for rezoning and pro osed uses) of property: Cem e betfrtee-- g. Conditions (if any) agreed to: .� h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the satne property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. W& I3 � � �3 Si' ature of • . 'want Date Sigi ire of Owner Date 9 Page 277 of 435 CITY OF d ,ATERLOO COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE July 17, 2023 AGENDA ITEM TITLE Request by E. Castro Roofing and Siding, LLC, for a Site Plan Amendment and change in conditions to allow for a contractor's business with outside storage that will be screened from view in the "R-4,C- Z" Conditional Zoning District located at 42 Franklin Street. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted herewith is a request by E. Castro Roofing and Siding, LLC, for a Site Plan Amendment and change in conditions to allow for a contractor's business with outside storage that will be screened from view in the "R-4,C-Z" Conditional Zoning District located at 42 Franklin Street. The property in question is currently zoned for an appliance retail center and does not currently allow a contractor business or outside storage. The applicant is requesting a site plan amendment to allow for the contractor business and to change the existing conditions to allow for outdoor storage on the site. The applicant is applying for a special permit in relation to this request to allow for the equipment yard in the "R-4,C-Z" Conditional Zoning District, which is only permitted in a commercial zone when approved by a Special Permit. The applicant is requesting to pave most of the site and has placed gravel in the areas that are being requested to be paved. No part of any vehicular use area or parking space shall be closer than 5 feet to any established lot line. This shall allow for a reasonably designed entryway for the access from the property line, but shall not allow for a lengthy access drive closer than the required setback. The site shall have a 5' required setback between the property lines and the pavement areas along Franklin Street. Staff is recommending landscaping is planted within the 5' setback in the front of the property. Street trees are recommended in the right-of-way of the site as well. Staff would recommend the fence between the building and the property line on the southeast side be removed. The sign in the front of the property will need to be used for the company or removed from the site. The Planning, Programming and Zoning Commission unanimously recommended approval of the request at their June 13, 2023 regular meeting. NEIGHBORHOOD IMPACT Screening is required around the entire property. The sides and rear of the property shall have a 6' solid privacy fence. There should be a non -solid fence within the 5' front yard setback, to allow visibility for drivers in the alley and driveway. The chain -link fence along the front property line shall Page 278 of 435 remain, but the applicant shall place shrubs in the 5' setback between the chain link fence and paved area for additional screening from Franklin Street. DATA, ANALYSIS, AND STRATEGIES Zoning, Land Use and Economic Development. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION The Southeasterly 56 2/3 feet of Lots 2 and 3; and The Southeasterly 56 2/3 feet of the Northeasterly 30 feet of Lot 6, all in Block 5 in James Virden's Addition to the town of Waterloo in the County of Black Hawk, State of Iowa. ATTACHMENTS 1. Council Packet 2. Conditions Letter Page 279 of 435 June 13, 2023 REQUEST: Request by E. Castro Roofing and Siding, LLC for a Site Plan Amendment and change in conditions to allow for a contractor's business with outside storage that will be screened from view in the "R-4,C-Z" Conditional Zoning District located at 42 Franklin Street. APPLICANT(S): E. Castro Roofing and Siding, LLC, 755 Dawson Street, Waterloo, Iowa 50703 GENERAL The applicant is requesting a Site Plan Amendment and DESCRIPTION: change in conditions to allow a contractor use with outdoor storage at a site conditionally zoned for a retail appliance store, with no outside storage allowed. SURROUNDING The request to allow a contractor use would not appear to LAND USES AND have a negative impact upon the surrounding area as Franklin IMPACT ON Street is a commercial corridor, as long as the outside storage NEIGHBORHOOD: is properly screened. VEHICULAR & The proposed Site Plan Amendment would not appear to have PEDESTRIAN a negative impact upon vehicular or pedestrian traffic TRAFFIC conditions in the area. The site is served by Franklin Street CONDITIONS: which is classified as a Minor Arterial street. RELATIONSHIP TO The Cedar Valley Lakes Trail is located approximately 800 feet RECREATIONAL to the west of the property in question. There are sidewalks TRAIL PLAN AND along Franklin Street. COMPLETE STREETS POLICY: ZONING HISTORY The area in question has been zoned "R-4,C-Z" Conditional FOR SITE AND Zoning District since it was rezoned from "R-3" Multiple IMMEDIATE VICINITY: Residence District on April 7, 2004. Surrounding land uses and their zoning designations are as follows: North — Residences and The Salvation Army Men's Shelter, zoned "R-3" Multiple Residence District. South and East — Residences, zoned "R-3" Multiple Residence District. West — Residences, zoned "R-3" Mulitple Residence District and Rose of Waterloo Assisted Living, zoned "R-4,R-P" Planned Residence District BUFFERS/ Screening is required around the entire property. The sides and SCREENING/ rear of the property shall have a 6' solid privacy fence. There LANDSCAPING should be a non -solid fence within the 5' front yard setback, to REQUIRED: allow visibility for drivers in the alley and driveway. The chain - link fence along the front property line shall remain, but the applicant shall place shrubs in the 5' setback between the chain link fence and paved area for additional screening from Franklin Street. SPA-42 Franklin St Page 1 of 7 51 Page 280 of 435 June 13, 2023 DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: The submitted site plan shows storm water detention, but within a paved area that is less than the required five foot setback from the property line along Franklin Street, so it may need to be modified. The surrounding area is composed of residences built between 1870 and 2009 and one commercial building built in 2004. The property in question is located within Zone X, Protected by Levee, which is not a special flood area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0166F, dated July 18, 2011. East High School is located approximately 0.62 miles to the southeast. Cedar Park is approximately 0.20 miles to the southwest. The property is served by all utilities. The Future Land Use Map designates this area as Mixed Residential: Low, Medium, High Density Residential; Professional Offices; Neighborhood Commercial. The proposed site plan amendment would not be in conformance with the Comprehensive Plan and Future Land Use Map for this area, however the Comprehensive Plan is to be used as a guide for land use. The property in question is currently zoned for an appliance retail center and does not currently allow a contractor business or outside storage. The applicant is requesting a site plan amendment to allow for the contractor business and to change the existing conditions to allow for outdoor storage on the site. The applicant is applying for a special permit in relation to this request to allow for the equipment yard in the "R-4,C-Z" Conditional Zoning District, which is only permitted in a commercial zone when approved by a Special Permit. The applicant is requesting to pave most of the site and has placed gravel in the areas that are being requested to be paved. No part of any vehicular use area or parking space shall be closer than 5 feet to any established lot line. This shall allow for a reasonably designed entryway for the access from the property line, but shall not allow for a lengthy access drive closer than the required setback. The site shall have a 5' required setback between the property lines and the pavement areas along Franklin Street. Staff is supportive of a variance request to have less than the 5' setbacks along the sides. SPA- 42 Franklin St Page 2 of 7 52 Page 281 of 435 June 13, 2023 STAFF ANALYSIS — SUBDIVISION ORDINANCE: Staff is recommending landscaping is planted within the 5' setback in the front of the property. Street trees are recommended in the right-of-way of the site as well. Staff would recommend the fence between the building and the property line on the southeast side be removed. The sign in the front of the property will need to be used for the company or removed from the site. The applicant is not planning to subdivide the property. L, � V'I ,850.18', �' PROPOSED C P GC. PAVBENT (1,346 SO. FT.) PEfSEAGLE CLAYPAVERS 365Q FT. 150.10 -Cd ;8 6� r85011 930.1i� \ i % / > > I ',ill,' I i,850.55' 85P55551 (89P.5J' i.it. .. 85047' :;850.5i; 0' S 0 SCALE: 1'=10' '//////////////////////////////////////. •E49.841 REMOVE & REPLACE 1145Q. FT. P.C.C.PAVENENT (HATCFEE) 10.E TT� i SECTIONAA SEE SHEETM.05 -IO LIN. FT. PERFORATED 61, -6'APVC PIPE COT: 647.99 ,85P.Pf: TYPE A•1 CIEWO5iwiCASTING PER SUNS 4040ZQ 72.E LIN FT. 6'GPVC PIPE 210 • WESTERLY EIENTIOH POND OVERFLOW 0 GREATERTHAN 1DVEAREVE T: 849.E 1686 tC 220 LIN. FT. TRENCH DRAIN FELLANDENGIVEERING850R4EYING, 10. 1 SITEWVN 1 '42FRAA41451REET ISHEET 0.02 SPA- 42 Franklin St Page 3 of 7 53 Page 282 of 435 June 13, 2023 Picture 1: Looking at main building. Picture 2: Looking at neighboring home across alley from site in question. SPA- 42 Franklin St Page 4 of 7 54 Page 283 of 435 June 13, 2023 Picture 3: Looking along Franklin Street frontage and abandoned sign cabinet that needs to be used or removed. Picture 4: Looking along north side of property from Franklin Street. SPA- 42 Franklin St Page 5 of 7 55 Page 284 of 435 June 13, 2023 Picture 5: Looking from alley toward site in question. Picture 6: Back of property. SPA- 42 Franklin St Page 6 of 7 56 Page 285 of 435 June 13, 2023 STAFF Therefore, staff recommends that the request by E. Castro RECOMMENDATION: Roofing and Siding, LLC for a Site Plan Amendment and change in conditions to allow for a contractor's business with outside storage that will be screened from view in the "R-4,C- Z" Conditional Zoning District located at 42 Franklin Street, be approved for the following reasons: 1. The request would appear not appear to have a negative impact on traffic conditions in the area, as it is an existing business with no complaints. 2. The request would not appear to have a negative impact upon the surrounding area, as much of Franklin Street is commercial uses. And with the following conditions(s): 1. That a 6' solid privacy fence is installed along the southwest, northwest, and southeast property line and the 5' chain -link fence along the northeast property line remains. 2. That landscaping, such as shrubs is planted in the 5' setback between the front property line and the pavement and street trees are planted in the right-of- way. 3. That any outside storage of equipment or materials shall be stacked no higher than fence. 4. The sign in the front of the property shall be removed or used for the company. 5. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, setbacks, etc. SPA- 42 Franklin St Page7of7 rJ% Page 286 of 435 City of Waterloo Planning, Programming and Zoning Commission June 13, 2023 IVI-1 =S S��-BREES ST 1 Q1 R-4;C�Z R-1;R4P'rC-1ra-Z NEWTON ST r Lir M!2 0 3 0 M-2 R z2;CZ 0 DAWSON ST—Q RIEHL ST—co CONGER ST M-2 1- J U0 I W. 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IV172 D3 1 I R=2; C I R-3jR-P M-1 ��9�iz- �/IZ> — MPRTAN I i G\ WOODS T C-3 ���s� �' 1R-3I— r`• II II `-2 INDEPENDENCE AVE J U CO VINE ST CO z c0 C-22J 147-3 C!Z DOUGLAS ST R-4, -P C-P ,/ ` I OURTL AND ST \ FOWLER ST ''-3�R-3 C-2, R-3, C-Z C Z C-2 R M 1 C-2\ \ ss M-2 M-1 C-1 110 R-2,C-Z R-2 M-2 , ��o y M-2 42 Franklin Site Plan Amendment E. Castro 58 CI...... '']07 ..F Al) City of Waterloo Planning, Programming and Zoning Commission June 13, 2023 Property Requesting Site Plan Amendment 42 Franklin Street Site Plan Amendment E. Castro Roofing & Siding, LLC 59 17...... ']00 ..f A') INDEX OF SHEETS SHEET NO. DESCRIPTION A.01 A.02 C.01-C.02 C.03 C.03 D.01 D.02-D.03 M.01-M.06 R.01-R.05 TITLE SHEET LEGEND GENERAL NOTES ESTIMATED QUANTITIES ESTIMATE REFERENCE INFORMATION EXISTING CONDITIONS SITE PLAN STORMWATER CALCULATIONS SWPPP PROJECT SITE EWE t®®■®®ME� 6"-111rt M •i - wkom :n.�n�■�r:ir-riri ■ Paw', NI ���Tea 1 •• ` •®i®� �L IMMa■■NI■■IMI y41 PP.■ii`= MI Mgr M■®■©■M 4 ER ii. MIN WATERLOO, BLACK HAWK COUNTY, IOWA NOT TO SCALE NINIIMMEMMIM u■■■■■■■■ilL liii■.i1■p ■■IL m■■■■■■■■yr ■■■■■■■■■fir ■■■■■■■■■If IOWA ONE CALL 800 / 292-8989 TOLL FREE CALL - BEFORE - YOU - GIG PLANS FOR PROPOSED IMPROVEMENTS "42 FRANKLIN STREET" WATERLOO, BLACK HAWK COUNTY, IOWA MAY 2023 SPECIFICATIONS ALL CONSTRUCTION AND MATERIALS SHALL BE IN ACCORDANCE WITH THE 2023 SUDAS STANDARD SPECIFICATIONS AND CITY OF WATERLOO SUPPLEMENTAL SPECIFICATIONS. DATE OF FIRST SUBMITTAL: 05/15/2023 REVISIONS NO. DATE 1 06/02/2023 PROJECT NO. 23-139 DATED DRAWN: 06/02/2023 DATED REVISED: DRAWN BY: JPH INDEX OF REVISIONS 06/02/2023 SHEET NO. DESCRIPTION A.01 ADDED INDEX OF REVISIONS C.03 ADDED LINEAR TRENCH DRAIN, REVISED BID ITEMS FOR 6" P.C.C. PAVEMENT AND ENGINEERING FABRIC. CORRECTED SPELLING IN ESTIMATE REFERENCE INFORMATION BID ITEM 1. CORRECTED ESTIMATE REFERENCE INFORMATION BID ITEM 6 (NOW BID ITEM 7). D.02-D.03 REVISED PROPOSED 6" P.C.C. PAVEMENT AREAS, ADDED LINEAR TRENCH DRAIN, ADDED 10 LIN. FT. OF PERFORATED 6"0 PVC. M.01 REVISED IMPERVIOUS AND PERVIOUS AREAS M.02-M.03 REVISED RUNOFF CALCULATIONS M.04 ADDED UNCONTROLLED STORMWATER M.05 PREVIOUSLY SHEET M.04 REVISED STORAGE AGGREGATE CAPACITIES AND QUANTITIES AND QUANTITIES OF GEOTECHNICAL FABRIC M.06 PREVIOUSLY SHEET M.05 M.07 PREVIOUSLY SHEET M.06 $VONAL FN�mi� moo a Fc a o RONALD D.1 j0 ARENDS 11325 /OWA* HELLAND ENGINEERING & SURVEYING, LTD. 6109 Chancellor Drive Cedar Falls, Iowa 50613-6916 (319)-266-0161 I hereby certify that this engineering document was prepared by me or under my direct supervision and that I am a duly licensed Professional Engineer under the laws of the State of Iowa. Ronald D. Arends License Number 11325 My license renewal date is December 31, 2023 HELLAND ENGINEERING & SURVEYING, LTD. I TITLE SHEET PROJECT NO. 23-139 "42 FRANKLIN STREET" I SHEET 0 Page 289 of 435 E E T 0' 10' 20' SCALE: 1" = 20' E E o UTILITY POLE EXISTING 12'x16' BUILDING 1st FLOOR: 851.00 EXISTING 18'x20.8' BUILDING 1st FLOOR: 850.92 EXISTING 20'x32.5' BUILDING 1st FLOOR: 851.19 UTILITY POLE I' -SO , 40' E E E E x r X 8 j E r 0�/ EXISTING 36"0± TREE LOT 3 x BLOCK 5 "JAMES VIRDEN'S ADDITION" WATERLOO EXISTING WOOD EXISTING WOOD PRIVACY FENCE PRIVACY FENCE x6s0 O'90 Aso96 � / � 150.25' G o X 007C' J 72/ 03 000 OT 2 (SHADED) /////////1 1/ / / 68 PP O — 9 679 ALLEY 150.25' (16.5'R.O.W.) DESCRIPTION: EXISTING ROCK ALLEY THE SOUTHEASTERLY 56 2/3 FEET OF LOTS 2 AND 3; THE SOUTHEASTERLY 56 2/3 FEET OF NORTHEASTERLY 30 FEET OF LOT 6; ALL IN BLOCK 5 IN JAMES VIRDEN'S ADDITION TO THE TOW OF WATERLOO IN THE COUNTY OF BLACK HAWK COUNTY, STATE OF IOWA. AND THE NORTHWESTERLY 56''A FEET OF THE SOUTHEASTERLY 1131/6 FEET OF LOT 2; THE NORTHWESTERLY 56'/2 FEET OF THE SOUTHEASTERLY 1131/6 FEET OF LOT 3; THE NORTHWESTERLY 56''A FEET OF THE SOUTHEASTERLY 1131/6 FEET OF THE NORTHEASTERLY 30 FEET OF LOT 6; ALL IN BLOCK 5 IN JAMES VIRDEN'S ADDITION TO THE TOW OF WATERLOO IN THE COUNTY OF BLACK HAWK COUNTY, STATE OF IOWA. 6 6 S sPO Ja9SS%x OJ0 X ( X - II O EXISTING WOOD PRIVACY FENCE - LIGHT T POLE 6 , 9S BENCH MARK: 852.43 NGVD NE BOLT w/UT "X" TOP FLANGE OF FIRE HYDRANT AT INTERSECTION OF OAK AVENUE, W. ARGYLE STREET AND FRANKLIN STREET 1 . EXISTING CHAIN LINK FENCE FRANKLIN STREET EXISTING A.C.C. PAVEMENT w/P.C.C. CURB & GUTTER EXISTING P.C.C. SLAB FOR POWER GATE MOTOR EXISTING SIGN EXISTING SW-501 STORM SEWER INTAKE 15"0 RCP FLOW LINE OUT: 846.22 EXISTING CHAIN LINK FENCE HELLAND ENGINEERING & SURVEYING, LTD. EXISTING CONDITIONS "42 FRANKLIN STREET" I SHEET 61 Page 290 of 435 L (850.78) 850.66 850.60 (850.56) 850.55 850.55 0' 5' 10' SCALE: 1" = 10' 20' 850.53 /Al �PROPOSED 6" P.C.C. PAVEMENT (1,348 SQ. FT.) 850.41 850.21 850.45 850.47 850.51 /T/ /////// ///.�////// L / / I/ / / / 849.84 850.64 REMOVE & REPLACE 114 SQ. FT. P.C.C. PAVEMENT (HATCHED) 7-19.53' , 16.86' 850.11 0 PERMEABLE CLAY PAVERS 36 SQ. FT. (850.10' x x x x x x SECTION A -A SEE SHEET M.05 —10 LIN. FT. PERFORATED 6"0 — 6" 0 PVC PIPE OUT: 847.99 4 TYPE A-1 CLEANOUT w/CASTING PER SUDAS 4040.232 72.0 LIN. FT. 6" 0 PVC PIPE @ 0.5% D WESTERLY DETENTION POND OVERFLOW FOR GREATER THAN 10 YEAR EVENT: 849.95 o D. 22.0 LIN. FT. TRENCH DRAIN o • 7D. v 4 v Q HELLAND ENGINEERING & SURVEYING, LTD. SITE PLAN "42 FRANKLIN STREET" SHEET 62 Page 291 of 435 0' 5' 10' SCALE: 1" = 10' LEL AN. ALLEY (16.5' R.O.W.) 20' 850.40 L L .1L L/ y/_ 1 �J — PROPOSED 6" P.C.C. PAVEMENT (1,727 SQ. FT.) 850.51 850.64 850.61 850.58 850.11 PERMEABLE CLAY PAVERS 36 SQ. FT. -10 LIN. FT. PERFORATED 6" O 6" O PVC PIPE IN: 847.63 o EASTERLY DETENTION POND OVERFLOW FOR GREATER THAN 10 YEAR EVENT: 850.10 TYPE A-1 CLEANOUT w/CASTING o PER SUDAS 4040.232 s e p o SECTION B-B SEE SHEET M.05 o SECTION C-C SEE SHEET M 06 .v • O _n 0 6" O PVC PIPE 9 pp IN: 847.37 °o �— PROPOSED 28.86 LIN. FT. 6" O PVC PIPE @ 0.6% o REMOVE & REPLACE 52 SQ. FT. P.C.C. SIDEWALK (HATCHED) • p • 7 o v p v. p po • o p D y • .D 0 v V, P ' HELLAND ENGINEERING & SURVEYING, LTD. SITE PLAN "42 FRANKLIN STREET" I SHEET 63 Page 292 of 435 0' 10' 20' SCALE: 1" = 20' 40' PROPOSED STORMWATER FLOW (TYPICAL) SWPPP MAILBOX (TO CONTAIN PERTINENT SWPPP INFORMATION) DEBRIS DUMPSTER (SHALL BE COVERED TO PREVENT STORM WATER CONTAMINATION) PORTABLE RESTROOM FACILITY TOPSOIL STOCKPILE (RESPREAD UPON COMPLETION OF ALL IMPROVEMENTS. HAUL EXCESS OFF -SITE) ,7 o WATTLES PER SUDAS 9040.105 (TYPICAL) C> WATTLES PER SUDAS 9040.105 (TYPICAL) CONCRETE WASHOUT SHALL BE LEGIBLY POSTED AND SHALL BE "CONCRETE WASHOUT COLLECTION BAGS: PROVIDE LEAK -PROOF COLLECTION BAGS DESIGNED SPECIFICALLY FOR COLLECTION OF CONCRETE AND CONCRETE WASHWATER." SPILL KIT HELLAND ENGINEERING & SURVEYING, LTD. I SWPPP I "42 FRANKLIN STREET" I SHEET 64 Page 293 of 435 APPLICATION SITE PLAN AMENDMENT TO A "R-P", "M-P", "C-P", "B-P", "S-1" OR "C-Z" DISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319.291.4366 New or Overall Amendment 0 Individual Building t Minor change 0 (check one) (Minor Change must be approved by staff) 1. APPLICATION INFORMATION: a. Applicant's name (please print): Emilio Castro (E . Castro Roofing $ Siding, LLC) Address: 755 Dawson Phone: (319) 215-3683 Fax: City: Water] oo State: IA Zip: 50703 Email: b. Status of applicant: (a) Owner et (b) Other 0 (SELECT ONE): If other explain: c. Property owner's name if different than above (please print): Address: Phone: Fax: City: State: Zip: Email: 2. PROPERTY INFORMATION: a. General location of site plan to be amended: 42 Frankl in Street , Waterloo, Iowa b. Legal description of property or portion to be amended: Southeasterly 113 1/6' of Lot 2, Southeaster]) 113 1/6' of Lot 3, Southeasterly 113 1/6' of the Northeasterly 30' of Lot 6. all in "James .Virden' s Addition" to the City of Waterloo, Black Hawk County, Iowa. c. Dimensions of proposed site plan amendment: d. Area of proposed site plan amendment: e. Current zoning: R- 4 , C-Z Ak\o,t 4hyt 4,5 CoJdw✓ f. Reason(s) for site plan amendment and proposed use(s) of property: Al 1 ow 1 imi t ed, t enporary out si de storage of pallets of inventory used in business, :overed and screened from view. Conditions (if any) agreed to (does not affect existing conditions unless specified): Instal ] ati on of new 8' snl i d fanci ng a 1 ong roar anr1 ci rla property i nab Al ] stored inventory on pal 1 ets less than 6' in height, complete installation of stormwater retention facility per Helland Engineering specifications. h. Other pertinent information (use reverse side if necessary): Need for more temporary seasona 1 i nventory storage space. No other changes in use or business, storage on solid surfaces only. Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from site plan amendment request). The filing fee of $200 (for new or overall amendment), $100 (for individual Building), or $0 (for minor change) (payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. g. Signature of Applicant D to /9 Signature of Owner Page 294 of 435 CITY OF `A t WATERLOO J Planning & Zoning July 3, 2023 Honorable Quentin Hart, Mayor City Council Members City Hall Waterloo, Iowa 715 Mulberry St, Waterloo, IA 50703 0 Phone: (319) 291-4366 .. CITYOF WATERLOOIOWA.COM I, the undersigned, do hereby agree to the following conditions as part of my request for a Site Plan Amendment and change in conditions to allow for a contractor's business with outside storage that will be screened from view in the "R-4,C-Z" Conditional Zoning District: 1. That a 6' solid privacy fence is installed along the southwest, northwest, and southeast property line and the 5' chain -link fence along the northeast property line remains. 2. That landscaping such as shrubs is planted in the 5' setback between the front property line and the pavement and street trees are planted in the right-of-way. 3. That any outside storage of equipment or materials shall be stacked no higher than the fence. 4. The sign in the front of the property shall be removed or used for the company. 5. That the site shall meet all applicable city codes, regulations, etc. including but not limited to, parking, landscaping, screening, drainage, setbacks, etc. Sincerel Emilio Castro Date CITY OF d ,ATERLOO COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE July 17, 2023 AGENDA ITEM TITLE Request by Ridgeway Heights LLC, dba San Marnan Heights Senior Living, to rezone 4.6 acres from "R-4,R-P" Planned Multiple Residence District and "B-P" Business Park District to "R-4,R-P" Planned Multiple Residence District to allow for the construction of a 110-unit senior housing complex located east of 815 Tower Park Drive. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted herewith is a request by Ridgeway Heights LLC, dba San Marnan Heights Senior Living, to rezone 4.6 acres from "R-4,R-P" Planned Multiple Residence District and "B-P" Business Park District to "R-4,R-P" Planned Multiple Residence District to allow for the construction of a 110-unit senior housing complex located east of 815 Tower Park Drive. The proposed parking lot contains 87 stalls with four of those stalls being reserved for handicap parking. Per the Zoning Ordinance, one parking space is required for every 2 units and five visitor parking spaces for every 40 units. This equates to 69 total required parking stalls, and 87 are being provided to exceed the requirement. The site plan shows future parking expansions on the north end of the parking lot. The applicant is proposing prefinished lap siding with stone veneer for the fagade of the building. The proposed design is compatible with the surrounding area. The Planning, Programming, and Zoning Commission recommended approval of the request at their regular meeting on June 13, 2023. Therefore, staff recommends that the request by Ridgeway Heights LLC dba San Marnan Heights Senior Living to rezone 4.6 acres from "R-4,R-P" Planned Multiple Residence District and "B-P" Business Park District to "R-4,R-P" Planned Multiple Residence District to allow for the construction of a 110 unit senior housing complex located east of 815 Tower Park Drive, be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The proposed design will be compatible with the surrounding commercial uses and proposed Page 296 of 435 commercial uses. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH P.M., CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 2, COUNTRY CLUB BUSINESS CENTER SECOND ADDITION; THENCE S63°20'17"E, 55.69' TO THE POINT OF BEGINNING; THENCE NOO°32'34"E, 304.11' TO THE BEGINNING OF A CURVE; THENCE EASTERLY 218.84' ALONG THE ARC OF A 311.61' RADIUS CURVE, CONCAVE NORTH, HAVING A CHORD BEARING OF N78°17'19"E AND A CHORD DISTANCE OF 214.37'; THENCE N59°39'44"E, 25.71' TO THE BEGINNING OF A CURVE; THENCE, NORTHEASTERLY 221.12' ALONG THE ARC OF A 502.82' RADIUS CURVE, CONCAVE SOUTHEASTERLY, HAVING A CHORD BEARING OF N72°15'37"E AND A CHORD DISTANCE OF 219.34'; THENCE S00°31'50"W, 575.74' TO THE BEGINNING OF A CURVE; THENCE, WESTERLY 213.17' ALONG THE ARC OF A 370.00' RADIUS CURVE, CONCAVE NORTH, HAVING A CHORD BEARING OF N80°47'19"W AND A CHORD DISTANCE OF 210.23'; THENCE N64°17'13"W, 74.51'; THENCE N63°20'17"W, 183.41' TO THE POINT OF BEGINNING, CONTAINING 4.59 ACRES MORE OR LESS. ATTACHMENTS 1. San Marnan Heights Senior Living Facility Plans 2. Council Packet Page 297 of 435 SAN MARNAN HEIGHTS SENIOR LIVING WATERLOO, IA OWNER RIDGEWAY HEIGHTS, LLC 306 WEST POINT ROAD SW CEDAR RAPIDS, IA 52404 CONTACT: ROBERT SAMPLE, MANAGING MEMBER Phone: 319-249-4008 Email: sample.robert@gmail.com ARCHITECT NELSON • TREMAIN PARTNERSHIP, P.A. 125 SOUTHEAST MAIN STREET, SUITE 245 MINNEAPOLIS, MN 55414-2159 CONTACT: GAIUS NELSON Office: 612-331-7178 Email: gaius@ntp.cc GENERAL CONTRACTOR TBD CIVIL ENGINEER TBD STRUCTURAL ENGINEER TBD FOOD SERVICE TBD MECHANICAL ENGINEER TBD ELECTRICAL ENGINEER TBD FIRE PROTECTION ENGINEER DEFERRED DESIGN INTERIOR DESIGN TBD LANDSCAPE ARCHITECT TBD Highway 63 Diner Hy-Vee Grocery Store Sunnyside Golf & Country Club W San Marnan Dr 20� 9 Prairie Grove Park W Ridgeway Ave W. SAN MARNAN DR. ANSBOROUGH AVE. HURST DR LATITUDE: 42.455 N LONGITUDE: 92.368 W Village In- 9 The Other Place The UPS Store Fareway Grocery 9 Sam's CIub9 TOWER PARK DR. BUILDING SITE 1 —Ave of 21 SITE LOCATION MAP BUILDING CODE ANALYSIS CODE USED: 2018 INTERNATIONAL BUILDING CODE ADOPTED BY THE STATE OF IOWA WITH AMENDMENTS OCCUPANCY AND CONSTRUCTION TYPE (CHAPTER 3, 5 AND 6) DESCRIPTION OF USE: ASSISTED LIVING BUILDING NON SEPARATED OCCUPANCY OCCUPANCY CLASSIFICATION CONSTRUCTION TYPE BUILDING AREA PER FLOOR FLOORS TOTAL BUILDING AREA I - 1 CONDITION 2 40,513 S.F. 3 121,539 S.F. OCCUPANCY SEPARATIONS: (TABLE 508.4) NOT REQUIRED FOR BUILDING WITH NON SEPARATED OCCUPANCIES FIRE WALLS: SEE BLOCK PLAN FOR FIRE WALL LOCATION FIRE - RESISTIVE REQUIREMENTS: TYPE V- A (TABLES 601 & 602) BUILDING ELEMENT TYPE V - A EXTERIOR BEARING WALLS INTERIOR BEARING WALLS EXTERIOR NON -BEARING WALLS INTERIOR STRUCTURAL FRAME PARTITION - PERMANENT SHAFT ENCLOSURES FLOORS - CEILINGS / FLOORS ROOFS - CEILINGS / ROOFS EXTERIOR DOORS & WINDOWS STAIRWAY CONSTRUCTION (1005.3.3.2) MINIMUM ROOF CLASS (TABLE 1505.1) 1 1 1 1 1 1 1 1 HR HR HR HR HR HR (713.4) HR HR N/A 1 HR CLASS B ACCESSIBILITY REQUIREMENTS: CODE ADAPTED: ADAAG 2010, ANSI A117.1 (PER IBC REFERENCES), UFAS AND FHAAG NOTE: WHEN CONFLICTS EXIST BETWEEN ACCESSIBILITY CODES, STANDARDS AND GUIDELINES, THE CODES, STANDARDS AND GUIDELINES PROVIDING GREATER DEGREE OF ACCESSIBILITY SHALL TAKE PRECEDENCE. ELEVATOR: TWO ACCESSIBLE PUBLIC ELEVATORS PROVIDED MEMORY / RESIDENT "D" WING RESIDENT "C" WING COMMONS "A" WING DRIVE UNDER CANOPY RESIDENT "B" WING Z OVERALL KEYPLAN SCALE: 1:1000 ARCH SHEET INDEX NO. SHEET NAME A0.01 TITLE SHEET A0.02 SITE PLAN A1.00 FIRST FLOOR PLAN A1.01 SECOND FLOOR PLAN A1.02 THIRD FLOOR PLAN A2.00 STUDIO - MEMORY CENTER UNIT PLANS A2.01 1 BEDROOM UNIT PLANS A2.02 2 BEDROOM UNIT PLANS A3.00 EXTERIOR ELEVATIONS A4.10 WALL SECTION - RATED ASSEMBLIES TOTAL SQ FT STORY Area 1 42,101 2 39,513 3 39,925 TOTAL 121,539 sq ft PROGRAM AREA STORY AREA NAME NET SQ FT 1 ACTIVITY 399 1 CAFE' 516 1 CLINIC 183 1 CORR 132 1 DINING 1,376 1 ELEC 45 1 EXAM 83 1 EXAM 118 1 EXHIBITION KITCHEN 268 1 FAMILY DINING 272 1 HSPKG OFFICE 76 1 ICE CREAM PARLOR 692 1 IT 93 1 JAN 52 1 KIT OFFICE 87 1 KITCHEN 700 1 LAUNDRY 310 1 LOADING DOCK 308 1 LOBBY 542 1 MAIL 83 1 MAINTENANCE / MECH 550 1 MC DINING 731 1 MC KIT PANTRY 310 1 MC LIVING 1,601 1 MECH 185 1 MED 103 1 MRKTING OFFICE 1 29 1 NURSE 115 1 OFFICE 81 1 OFFICE 86 1 OFFICE 86 1 OFFICE 110 1 OFFICE 135 1 RECPT 105 1 RECPT 215 1 SALON 297 1 SPA 280 1 ST 28 1 STAFF 314 1 STOR 102 1 STORAGE 151 1 STORAGE/ MECH 401 UNIT SUMMARY (3 STORY) UNIT TYPE QTY SQ FT MEMORY CARE 14 449 STUDIO 22 521 1 BEDROOM 39 626 1 BEDROOM+ 8 711 2 BEDROOM 22 1017 2 BEDROOM+ 5 1026 TOTAL 110 NOTE: SIZES MAY VARY SLIGHTLY AMONG UNIT TYPES. SEE OVERALL FLOOR PLAN FOR INDIVIDUAL UNIT SIZES. PROGRAM AREA STORY AREA NAME NET SQ FT 1 STORAGE/TBD 437 1 TOILET 59 1 TOILET 59 1 TOILET 59 1 TOILET 59 1 TOILET 63 1 TOILET 67 1 TOILET 82 1 TRASH 68 1 WAITING 128 1 WELLNESS 822 1 WORK 81 2 ACTIVITY / CLASSROOM 401 2 ACTIVITY / EXERCISE 388 2 HSKPG 87 2 JAN 77 2 LOUNGE 201 2 PORCH 402 2 SITTING 114 2 SITTING 114 2 SITTING 114 2 ST 66 2 STORAGE 202 2 STORAGE 388 2 STORAGE 485 2 STORAGE / MECH 304 2 THEATER 1,005 2 TOILET 59 2 TOILET 59 2 TRASH 62 3 ACTIVITY / CRAFTS 709 3 HSKPG 87 3 JAN 77 3 LOUNGE 201 3 PORCH 402 3 SITTING 114 3 SITTING 114 3 SITTING 114 3 ST 66 3 STORAGE 202 3 STORAGE / MECH 304 3 TRASH 62 c) a) ct cd E H 0 N z C3 Z iil:iN_\►1,11i]4: C.) © 2023 Nelson • Tremain Partnership, P.A. Certification: Owner: RIDGEWAY HEIGHTS, LLC SCHEMATIC DESIGN 05/22/23 Project: SAN MARNAN HEIGHTS SENIOR LIVING WATERLOO, IA Revisions: No. Date Description Sheet Title: TITLE SHEET Sheet Number: A0.01 1" Page 298 of 435 5 Lot 2 ARCHITECTURAL SITE PLAN o.� SCALE:1" =40' v 1—I EtI w —1I 0 PROPERTY LINE SETBACK LINE SETBACK LINE PROPERTY LINE 241 DRNE FENCE 5.00' 0 20' N 40' 80' LOT 9 - SITE AREA 200,011 SQ FT 4.59 ACRE CURRENT ZONING: R-4, R-P AND C-P PROPOSED ZONING: R-4, R-P PROPOSED USE: MULT-FAMILY ELDERLY HOUSING (ASSISTED LIVING) 110 TOTAL UNITS REQUIRED PARKING: 1 SPACE PER 2 UNITS, PLUS 5 VISITOR SPACES PER 40 UNITS (OR PART THEREOF) 55 + 15 = 70 TOTAL SPACES PROPOSED PARKING: PARKING ACCESSIBLE TOTAL 83 4 87 9' X 18' TYPICAL PARKING SPACES 7-5) 1) -15) Ct F-4 E H • 0 z Z �1I is _e= C.) V U 4) JD ct E H • 0 z M O 0 Certification: Owner: RIDGEWAY HEIGHTS, LLC SCHEMATIC DESIGN 05/22/23 Project: SAN MARNAN HEIGHTS SENIOR LIVING WATERLOO, IA Revisions: No. Date Description Sheet Title: SITE PLAN Sheet Number: A0.O2 1" Page 299 of 435 2 BEDRM 1,017sgft 2 BEDRM 1,017sgft D—❑ STAFF 314 sq ft 1 BEDRM 626 sq ft MAINTENANCE / MECH 550 sq ft ji EXAM TOIL 83sgf-1I 3sqf 2 BEDRM + 1,019 sq ft CLINIC 183 sq ft EC 105 105 sq EXAM 18 sq ft OIL 9 sq 11 SALON 297 sq ft AMILY DINING 272 sq ft RKTING OFFICE 129 sq f IT 93 sq ft MC LIVING 1,601 sq ft KITCHEN 700 sq ft MAIL 83 sq ft HIB KIT ECPT sq ft MECH 185 sq ft MED 103 sq ft NURSE 115 sq ft MC DINING 731 sq ft MC 429 sq ft STORAGE 151 sq ft MC 420 sq ft ICE CREAM PARLOR 692 sq ft DINING 1,376 sq ft OFFICE 81 sq ft OFFICE 86 sq ft FFICE 86 sq ft OFFICE 135 sq ft WELLNESS 822 sq ft OFFICE 110 sq ft STUDIO 521 sq ft STUDIO 521 sq ft 2 BEDRM 1,017 sq ft OIL 9 sq 11 STORAGE / TBD 437 sq ft 2 BEDRM 1,017 sq ft MC 444 sq ft MC 444 sq ft STORAGE / MECH 401 sq ft 1 BEDRM 626 sq ft MC 416 sq ft MC 420 sq ft STUDIO 521 sq ft 1 BEDRM 626 sq ft MC 444 sq ft MC 424 sq ft 1 BEDRM 626 sq ft MC 424 sq ft MC 444 sq ft 2 BEDRM 1,017 sq ft 1 BEDRM 626 sq ft MC 420 sq ft 2 BEDRM 1,017 sq ft MC+ 488 sq ft ACTIVITY 399 sq ft MC+ 535 sq ft MC+ 533 sq ft PRELIMINARY DESIGN — CONFIGURATION IS PRELIMINARY AND SUBJECT TO MODIFICATION. 0 8' 16' 32' FIRST FLOOR UNIT SUMMARY UNIT TYPE STORY QTY MEMORY CARE 1 14 STUDIO 1 3 1 BEDROOM 1 5 2 BEDROOM 1 6 2 BEDROOM+ 1 1 TOTAL 29 FIRST FLOOR - COMMON, ADMIN, UTILITY AREA STORY TOTAL SQ FT ADMIN 1 5,215 COMMONS 1 9,219 14,434 sq ft UNIT TYP SQ FT MEMORY CARE 449 SQ FT STUDIO 521 SQ FT 1 BEDRM 626 SQ FT 1 BEDRM + 711 SQ FT 2 BEDRM 1017 SQ FT 2 BEDRM + 1026 SQ FT COMMON AREAS ADMIN / SERVICE NOTE: SIZES MAY VARY SLIGHTLY AMONG UNIT TYPES. SEE OVERALL FLOOR PLAN FOR INDIVIDUAL UNIT SIZES. GENERAL COMMON AREA FINISH NOTES • CEILINGS: 2X2 ACOUSTICAL TILE FIELD WITH GYPBOARD SOFFITS AND COVE LIGHTING - IN RECEPTION, LOBBY, CAFE, MAIN DINING ROOM, FAMILY DINING ROOM, CORRIDORS • WALLS: PAINTED -THROUGHOUT STONE VENEER - DINING ROOM FIREPLACE, GRAND STAIR/FIREPLACE IN LOBBY CERAMIC TILE - AT BACKSPLASH IN KITCHEN • FLOORS: CARPET TILE - MAIN DINING ROOM, FAMILY DINING ROOM, THEATER, CORRIDORS. CERAMIC TILE - ENTRY VESTIBULE, RECEPTION, LOBBY, CAFE. CONCRETE FLOOR - MECHANICAL AND STORAGE ROOMS AT FIRST FLOOR • COUNTERTOPS: SOLID SURFACE WITH UNDERMOUNTED SINKS - IN RESTROOMS. RECEPTION COUNTER, KITCHEN, EXHIBITION KITCHEN • CABINETS: PLASTIC LAMINATE - IN RESTROOMS. RECEPTION COUNTER, KITCHEN, EXHIBITION KITCHEN • TRIM: WOOD DOOR, WINDOW AND BASE TRIM - TYPICAL RUBBER BASE - IN LAUNDRY, HOUSKEEPING, STORAGE ROOMS 0 z �1I is _e= C.) V U 4) Certification: Owner: RIDGEWAY HEIGHTS, LLC SCHEMATIC DESIGN 05/22/23 Project: SAN MARNAN HEIGHTS SENIOR LIVING WATERLOO, IA Revisions: No. Date Description Sheet Title: FIRST FLOOR PLAN Sheet Number: A1.00 1ST FLOOR �1 .0 SCALE: 1/16" = 1'-0" 1" Page 300 of 435 PRELIMINARY DESIGN — CONFIGURATION IS PRELIMINARY AND SUBJECT TO MODIFICATION. 2 BEDRM 1,017 sq ft 2 BEDRM 1,017 sq ft 1 BEDRM+ 758 sq ft 2 BEDRM + 1,019 sq ft 2 BEDRM+ 1,033 sq ft STUDIO+ 579 sq ft PORCH 402 sq ft LOUNGE 201 sq ft 1 BEDRM 715 sq ft THEATER 1,005 sq ft STORAGE 202 sq ft STUDIO 521 sq ft 1 BEDRM 626 sq ft STUDIO 521 sq ft 1 BEDRM 626 sq ft 1 STUDIO 521 sq ft 1 BEDRM 626 sq ft 1 BEDRM+ 723 sq ft 1 BEDRM 626 sq ft 2 BEDRM 1,017 sq ft 2 BEDRM 1,017 sq ft 0 8' 16' 32' SECOND FLOOR UNIT SUMMARY UNIT TYPE STORY QTY STUDIO 2 8 1 BEDROOM 2 17 1 BEDROOM+ 2 4 2 BEDROOM 2 8 2 BEDROOM+ 2 2 TOTAL 39 SECOND FLOOR - COMMON, ADMIN, UTILITY AREA STORY TOTAL SQ FT ADMIN 2 1,671 COMMONS 2 2,857 4,528 sq ft UNIT TYP SQ FT MEMORY CARE 449 SQ FT STUDIO 521 SQ FT 1 BEDRM 626 SQ FT 1 BEDRM + 711 SQ FT 2 BEDRM 1017 SQ FT 2 BEDRM + 1026 SQ FT COMMON AREAS ADMIN / SERVICE NOTE: SIZES MAY VARY SLIGHTLY AMONG UNIT TYPES. SEE OVERALL FLOOR PLAN FOR INDIVIDUAL UNIT SIZES. GENERAL COMMON AREA FINISH NOTES • CEILINGS: 2X2 ACOUSTICAL TILE FIELD WITH GYPBOARD SOFFITS AND COVE LIGHTING - IN RECEPTION, LOBBY, CAFE, MAIN DINING ROOM, FAMILY DINING ROOM, CORRIDORS • WALLS: PAINTED -THROUGHOUT STONE VENEER - DINING ROOM FIREPLACE, GRAND STAIR/FIREPLACE IN LOBBY CERAMIC TILE - AT BACKSPLASH IN KITCHEN • FLOORS: CARPET TILE - MAIN DINING ROOM, FAMILY DINING ROOM, THEATER, CORRIDORS. CERAMIC TILE - ENTRY VESTIBULE, RECEPTION, LOBBY, CAFE. CONCRETE FLOOR - MECHANICAL AND STORAGE ROOMS AT FIRST FLOOR • COUNTERTOPS: SOLID SURFACE WITH UNDERMOUNTED SINKS - IN RESTROOMS. RECEPTION COUNTER, KITCHEN, EXHIBITION KITCHEN • CABINETS: PLASTIC LAMINATE - IN RESTROOMS. RECEPTION COUNTER, KITCHEN, EXHIBITION KITCHEN • TRIM: WOOD DOOR, WINDOW AND BASE TRIM - TYPICAL RUBBER BASE - IN LAUNDRY, HOUSKEEPING, STORAGE ROOMS c) a) ct F-4 cd E a) H • 0 CID C3 Z iil:iN_\►1,11i]4: ci N � • LC1 Ct 4U � 1.)O� c Cd cic v, - O 00 • Ct 4.) O cv u • © 2023 Nelson • Tremain Partnership, P.A. Certification: Owner: RIDGEWAY HEIGHTS, LLC SCHEMATIC DESIGN 05/22/23 Project: SAN MARNAN HEIGHTS SENIOR LIVING WATERLOO, IA Revisions: No. Date Description Sheet Title: SECOND FLOOR PLAN Sheet Number: A1.01 2ND FLOOR SCALE: 1/16" = 1'-0" 1 Page 301 of 435 PRELIMINARY DESIGN — CONFIGURATION IS PRELIMINARY AND SUBJECT TO MODIFICATION. SITTING 2 BEDRM 1,017 sq ft 2 BEDRM 1,017 sq ft 1 BEDRM+ 758 sq ft 2 BEDRM + 1,019 sq ft 2 BEDRM+ 1,033 sq ft STUDIO+ 579 sq ft 1 BEDRM 626 sq ft 1 BEDRM 626 sq ft 1 BEDRM 626 sq ft STUDIO 521 sq ft STORAGE MECH STUDIO 534 sq ft STUDIO 521 sq ft 1 BEDRM 626 sq ft 1 BEDRM 626 sq ft ACTIVITY / CRAFTS 709 sq ft 1 BEDRM 626 sq ft PORCH LOUNGE STORAGE 1 BEDRM 626 sq ft STUDIO 534 sq ft 1 BEDRM 715 sq ft STUDIO 534 sq ft 1 BEDRM 626 sq ft 1 BEDRM 626 sq ft w 1 BEDRM 626 sq ft STUDIO 521 sq ft 1 BEDRM 626 sq ft STUDIO 521 sq ft STUDIO 521 sq ft 1 BEDRM 626 sq ft 1 STUDIO 521 sq ft 1 BEDRM+ 661 sq ft 1 BEDRM+ 723 sq ft 1 BEDRM 626 sq ft 2 BEDRM 1,017 sq ft STUDIO 521 sq ft 2 BEDRM 1,017 sq ft ITTING 1 BEDRM 626 sq ft 1 BEDRM 626 sq ft 1 BEDRM 626 sq ft 1 BEDRM 626 sq ft 2 BEDRM 1,017 sq ft 2 BEDRM 1,017sgft 2 BEDRM 1,017sgft 467 sq ft 2 BEDRM 1,017 sq ft SITTING 0 8' 16' 32' THIRD FLOOR UNIT SUMMARY UNIT TYPE STORY QTY STUDIO 3 1 1 1 BEDROOM 3 17 1 BEDROOM+ 3 4 2 BEDROOM 3 8 2 BEDROOM+ 3 2 TOTAL 42 THIRD FLOOR - COMMON, ADMIN, UTILITY AREA STORY TOTAL SQ FT ADMIN 3 798 COMMONS 3 1,654 2,452 sq ft UNIT TYP SQ FT MEMORY CARE 449 SQ FT STUDIO 521 SQ FT 1 BEDRM 626 SQ FT 1 BEDRM + 711 SQ FT 2 BEDRM 1017 SQ FT 2 BEDRM + 1026 SQ FT COMMON AREAS ADMIN / SERVICE NOTE: SIZES MAY VARY SLIGHTLY AMONG UNIT TYPES. SEE OVERALL FLOOR PLAN FOR INDIVIDUAL UNIT SIZES. GENERAL COMMON AREA FINISH NOTES • CEILINGS: 2X2 ACOUSTICAL TILE FIELD WITH GYPBOARD SOFFITS AND COVE LIGHTING - IN RECEPTION, LOBBY, CAFE, MAIN DINING ROOM, FAMILY DINING ROOM, CORRIDORS • WALLS: PAINTED -THROUGHOUT STONE VENEER - DINING ROOM FIREPLACE, GRAND STAIR/FIREPLACE IN LOBBY CERAMIC TILE - AT BACKSPLASH IN KITCHEN • FLOORS: CARPET TILE - MAIN DINING ROOM, FAMILY DINING ROOM, THEATER, CORRIDORS. CERAMIC TILE - ENTRY VESTIBULE, RECEPTION, LOBBY, CAFE. CONCRETE FLOOR - MECHANICAL AND STORAGE ROOMS AT FIRST FLOOR • COUNTERTOPS: SOLID SURFACE WITH UNDERMOUNTED SINKS - IN RESTROOMS. RECEPTION COUNTER, KITCHEN, EXHIBITION KITCHEN • CABINETS: PLASTIC LAMINATE - IN RESTROOMS. RECEPTION COUNTER, KITCHEN, EXHIBITION KITCHEN • TRIM: WOOD DOOR, WINDOW AND BASE TRIM - TYPICAL RUBBER BASE - IN LAUNDRY, HOUSKEEPING, STORAGE ROOMS c) a) ct F-4 cd E H • 0 CID z C3 Z iil:iN_\►1,11i]4: C.) u s~ © 2023 Nelson • Tremain Partnership, P.A. Certification: Owner: RIDGEWAY HEIGHTS, LLC SCHEMATIC DESIGN 05/22/23 Project: SAN MARNAN HEIGHTS SENIOR LIVING WATERLOO, IA Revisions: No. Date Description Sheet Title: THIRD FLOOR PLAN Sheet Number: A1.02 3RD FLOOR SCALE: 1/16" = 1'-0" 1 Page 302 of 435 OVERALL FRONT ELEVATION (2 SOUTH WEST ELEVATION 3.0 SCALE: 1/16" = „Al ■ ■ • • MEI ■■■■■ ■ENE • • MO ■ r 3 EAST ELEVATION 3.0 SCALE: 1/16" = 1'-0" • MEE dig 11 _ �11111 ■■■_ ■�i' iMIEN °= ii J • Argo JJI UI • 111 --- ■■ ll r■_==■■ ■■ • MI -.• �I j1= m e■ ■1■ • .. illh ■I■ _-- ii= ■ ■ _ _ 0 2" CAST STONE VENEER PREFINISHED LAP SIDING PREFINISHED PANEL SIDING WINDOW AT SIDING VINYL FRAME WINDOWS 4" COMPOSITE TRIM WINDOW AT STONE VINYL FRAME WINDOWS 4" COMPOSITE TRIM 2" STONE SILL 8" STONE HEAD /4) ELEVATION LEGEND \3.NOT TO SCALE 0 C z TECTURE AND DESIGN FOR AGING C.� I : 612-331- 1 : ® • le son • Tremain Partnershi., PA Certification: Owner: RIDGEWAY HEIGHTS, LLC SCHEMATIC DESIGN 05/22/23 Project: SAN MARNAN HEIGHTS SENIOR LIVING WATERLOO, IA Revisions: No. Date Description Sheet Title: EXTERIOR ELEVATIONS Sheet Number: A3.00 1 Page 303 of 435 TRUSS BEARING EL: 132'-4 7/8" 3RD FLOOR TOP OF SUBFLR EL: 123'-3 3/4" 00 O • M CO O 2ND FLOOR TOP OF SUBFLR EL: 112'-1 7/8" 1ST FLOOR TOP OF SLAB III II II III-11 TYPICAL WALL SECTION ROOF CONSTRUCTION: ASPHALT SHINGLES ROOF UNDERLAYMENT /ICE AND WATER SHIELD ROOF SHEATHING VENTILATION CHUTE PREFABRICATED TRUSSES BLOWN IN INSULATION (R-40) VAPOR RETARDER 1/2" RESILIENT CHANNELS 5/8" TYPE C GYPSUM BOARD VENTED PREFINISHED METAL SOFFITS WINDOW ASSEMBLY: VINYL FRAME WINDOWS CLEAR LOW E INSULATED GLAZING COMPOSITE TRIM AT PERIMETER OF WINDOW WINDOW FLASHING AT ROUGH OPENING EXTERIOR WALL - SIDING: PREFINISHED LAP OR PANEL SIDING DRAINABLE WEATHER BARRIER 3/4" RIGID INSULATION (R-3.8 min) EXTERIOR SHEATHING 2 x 6 WOOD STUDS W/ BATT INSULATION (R-19) SMART VAPOR BARRIER 5/8" GUPSUM BOARD SURFACE FLOOR CONSTRUCTION: FINISHED FLOORING 3/4" GYPCRETE TOPPING MAXXON SOUND MATT FLOOR SHEATHING PREFAB OPEN WEB FLOOR TRUSSES FILL CAVITY W/ BLOWN IN INSULATION 1/2" RESILIENT CHANNELS 5/8" TYPE C GYPSUM WALL BOARD EXTERIOR WALL - STONE: 2" CAST STONE VENEER IN ADHESIVE MORTAR KRAFT BACKED METAL LATH DRAINABLE WEATHER BARRIER 3/4" RIGID INSULATION (R-3.8 min) EXTERIOR SHEATHING 2 x 6 WOOD STUDS W/ BATT INSULATION (R-19) SMART VAPOR BARRIER 5/8" GUPSUM BOARD SURFACE GROUND FLOOR: FINISHED FLOORING 4" CONCRETE SLAB ON GRADE VAPOR RETARDER GAS PERMEABLE GRAVEL / SAND BASE RADON MITIGATION SYSTEM : 4" DIA. PVC PIPES - FROM BELOW FLOOR SLAB VENT THROUGH ROOF FOUNDATION: CAST -IN -PLACE FOUNDATION AND FOOTING WATERPROOFING 2" RIGID INSULATION (R-10) PREFINISHED METAL CAP OVER RIGID INSUL. SCALE:3/8" = 1'-0" 5 1/2" ARCHITECTURAL LAP SIDING (07 4243) PRE -FINISHED FLASHING SHEATHING TAPE OVER FLASHING CAST STONE VENEER (04 7200) AIR SPACE 2" VERTICAL CI-GIRTS @ EACH STUD (07 4243) 2" MINERAL WOOL INSULATION (07 2100) WEATHER RESISTIVE BARRIER (07 2500) 5/8" EXTERIOR SHEATHING (06 1600) 5 1/2" WOOD STUD FRAMED WALL - SEE STRUCTURAL SPRAY FOAM INSULATION (07 2119) 5/8" GYPSUM WALLBOARD (09 2900) W1 STONE VENEER - SEE EXT. ELEVATIONS w/ PREFINISHED LAP / PANEL SIDING 6 3/4" UNDERSIDE OF ROOF TRUSSES 5/8" GYP.BD. EACH SIDE 2 X 6 WOOD STUDS @ 16" O.C. - UNO (SEE STRUCT) 1-HOUR FIRE -RATED ASSEMBLY - UL No. U305 INTERIOR WOOD STUD WALL 4 3/4" 0 UNDERSIDE OF ROOF TRUSSES 5/8" GYP.BD. EACH SIDE RC CHANNELS @ 24" O.C. 2 X 4 WOOD STUDS @ 16" O.C. - UNO (SEE STRUCT) 1-HOUR FIRE -RATED ASSEMBLY - UL No. U311 A.L. UNIT DEMISING & A.L. CORRIDOR WALL ROOF SHEATHING - SEE STRUCT. ASPHALT COMPOSITION SHINGLES ROOFING UNDERLAYMENT -1111.1 R1 PREFABRICATED WOOD TRUSS R-40 BLOWN -IN INSULATION VAPOR BARRIER 1/2" STEEL FURRING CHANNELS 5/8" TYPE "C" GYPSUM WALLBOARD 1-HOUR FIRE -RATED ASSEMBLY - UL No. P522 RATED ROOF/CEILING CONSTRUCTION 4 3/4" • UNDERSIDE OF ROOF TRUSSES 5/8" GYP.BD. EACH SIDE 2 X 4 WOOD STUDS @ 16" O.C. - UNO (SEE STRUCT) 1-HOUR FIRE -RATED ASSEMBLY - UL No. U305 INTERIOR WOOD STUD WALL UNDERSIDE OF ROOF TRUSSES 5/8" GYP.BD. 2 X 4 WOOD STUDS AT 16" O.C. FURRED OUT CONSTRUCTION 6 3/4" 0 4> 4 3/4" 0 0 UNDERSIDE OF ROOF TRUSSES 5/8" GYP.BD. EACH SIDE 2 X 6 WOOD STUDS @ 16" O.C. - UNO (SEE STRUCT) 1-HOUR FIRE -RATED ASSEMBLY - UL No. U305 INTERIOR WOOD STUD WALL UNDERSIDE OF ROOF TRUSSES 2 LAYERS 5/8" GYP.BD. EACH SIDE 2 X 4 WOOD STUDS @ 16" O.C. - UNO (SEE STRUCT) SOUND ATTENUATION BATT INSULATION 2-HOUR FIRE -RATED ASSEMBLY - UL No. XXX INTERIOR WOOD STUD WALL UNDERSIDE OF ROOF TRUSSES 5/8" GYP.BD. EACH SIDE RC CHANNELS @ 24" O.C. 2 X 6 WOOD STUDS @ 16" O.C. - UNO (SEE STRUCT) SOUND ATTENUATION BATT INSULATION 1-HOUR FIRE -RATED ASSEMBLY - UL No. U311 A.L. UNIT DEMISING & A.L. CORRIDOR WALL ROOF SHEATHING - SEE STRUCT. ASPHALT COMPOSITION SHINGLES ROOFING UNDERLAYMENT err PREFABRICATED WOOD TRUSS R2 5/8" DENSGLASS W/ EIFS FINISH NON -RATED ASSEMBLY CANOPY ROOF/CEILING CONSTRUCTION WALL TYPES & RATED ASSEMBLIES 2 3/4" 6 3/4" m 4 3/4" UNDERSIDE OF ROOF TRUSSES 5/8" GYP.BD. EACH SIDE 2 X 4 WOOD STUDS @ 16" O.C. - UNO (SEE STRUCT) SOUND ATTENUATION BATT INSULATION 1-HOUR FIRE -RATED ASSEMBLY - UL No. U305 INTERIOR WOOD STUD WALL UNDERSIDE OF ROOF TRUSSES 2 LAYERS 5/8" GYP.BD. EACH SIDE 2 X 6 WOOD STUDS @ 16" O.C. - UNO (SEE STRUCT) SOUND ATTENUATION BATT INSULATION 2-HOUR FIRE -RATED ASSEMBLY - UL No. XXX INTERIOR WOOD STUD WALL ROOF DECK 5/8 TYPE X GYP BD EACH SIDE 2 X 4 (FLAT) SPACED 2'-0" O.C. MAX. BOTTOM CHORD OF TRUSS RATED CEILING BELOW (SEPARATE ASSEMBLY) RATED SMOKE BARRIER BELOW (SEPARATE ASSEMBLY) 1-HOUR FIRE -RATED ASSEMBLY - UL No. U338 SMOKE BARRIER WALL IN ATTIC SPACE 3/4" MIN GYP-CRETE MAXXON SOUND MATT 3/4" T&G SUBFLOOR 1 f f • PREFABRICATED WOOD TRUSS • • • /4 25 GA RC-1 CHANNELS © 12 O.C. 5/8" TYPE "C" GYP BD FILL CAVITY WITH BLOWN -IN INSULATION F1 1-HOUR FIRE -RATED ASSEMBLY - UL No. L528 FLOOR TRUSS ASSEMBLY 4.1 SCALE: 1" = 1'-0" r1 I ] : e= C.) © 2023 Nelson • Tremain Partnership, P.A. Certification: Owner: RIDGEWAY HEIGHTS, LLC SCHEMATIC DESIGN 05/22/23 Project: SAN MARNAN HEIGHTS SENIOR LIVING WATERLOO, IA Revisions: No. Date Description Sheet Title: WALL SECTION - RATED ASSEMBLIES Sheet Number: A4.10 1" Page 304 of 435 June 13, 2023 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: Request by Ridgeway Heights LLC dba San Marnan Heights Senior Living to rezone 4.6 acres from "R-4,R-P" Planned Multiple Residence District and "B-P" Business Park District to "R-4,R-P" Planned Multiple Residence District to allow for the construction of a 110 unit senior housing complex located east of 815 Tower Park Drive. Ridgeway Heights LLC, 306 W Rd SW, Cedar Rapids, IA, 524011. The applicant is requesting to rezone the property in question to construct a 3-story 110 unit senior living facility. The request would not appear to have a negative impact on the surrounding neighborhood which is composed of commercial uses. The request does not appear to have a negative impact upon nearby properties or land uses. The site will be accessed from Tower Park Drive and Fisher Drive, which are classified as local streets. A trail will be constructed through the San Marnan Business Park development, as lots are developed. The area of the proposed site is currently zoned "R-4,R-P" Planned Multiple Residence District and "B-P" Business Park District and has been zoned as such since it was rezoned from "A-1" Agricultural District on February 25, 2004. Surrounding land uses and their zoning are as follows: North — Vacant land and residences, zoned "R-3,R-P" Planned Multiple Residence District South —Vacant land, zoned "B-P" Business Park District; and Highway 20 East — Commercial development and vacant land, zoned "R-4,R-P" Planned Multiple Residence District, "B-P" Business Park District, ana "C-P" Planned Commercial District. West — Commercial development and vacant land, zoned "R-4,R-P" Planned Multiple Residence District, "B-P" Business Park District, ana "C-P" Planned Commercial District. East of 815 Tower Park Dr Rezone "R-4,R-P" and "B-P" to "R-4,R-P" Page 1 of 5 20 Page 305 of 435 June 13, 2023 DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: The surrounding development was constructed between 2008 and 2020. There is no screening required in relation to this request. A drainage plan will be required to be submitted. The property is not located in a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0308F, dated July 18, 2011. There are no schools located within the vicinity of the proposed senior living facility. East of 815 Tower Park Dr Rezone "R-4,R-P" and "B-P" to "R-4,R-P" Page 2 of 5 21 Page 306 of 435 June 13, 2023 Picture 1: Looking southeast from Fisher Drive at area to be rezoned. Picture 2: Looking west from area to be rezoned toward Kwik Star and Ansborough Avenue. East of 815 Tower Park Dr Rezone "R-4,R-P" and "B-P" to "R-4,R-P" Page 3 of 5 22 Page 307 of 435 June 13, 2023 Picture 3: Looking northeast from Tower Park Drive toward the area proposed to be rezoned. Picture 4: Looking west along Tower Park Drive. East of 815 Tower Park Dr Rezone "R-4,R-P" and "B-P" to "R-4,R-P" Page 4 of 5 23 Page 308 of 435 June 13, 2023 UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS ZONING ORDINANCE: TECHNICAL REVIEW COMMITTEE STAFF ANALYSIS SUBDIVISION ORDINANCE: STAFF RECOMMENDATION All utilities will serve the site in question with the development of the San Marnan Business Park. The Future Land Use Map designates this property as Business Park: Professional Offices, Commercial; Compatible Light Industrial. The proposed land use is in conformance with the Future Land Use Map for this area. The site is located in the Primary Growth Area as identified in the City's Comprehensive Plan. The applicant is requesting to rezone a 4.6 acre property east of 815 Tower Park Drive to construct a 110 unit senior living facility. The proposed parking lot contains 133 stalls with four of those stalls being reserved for handicap parking. Per the Zoning Ordinance, one parking space is required for every 2 units and five visitor parking spaces for every 40 units. This equates to 69 total required parking stalls, and 133 are being provided to exceed the requirement. However, with 133 stalls, the required minimum number of handicap stalls is 5. The applicant is proposing prefinished lap siding with stone veneer for the fagade of the building. The proposed design is compatible with the surrounding area. Knutson noted the Engineering Department notes are included in the staff report. The Fire Department noted aerial access was discussed with the applicant at their pre -construction meeting and they were given a copy of Appendix D. There is no platting in relation to this request. Therefore, staff recommends that the request by Ridgeway Heights LLC dba San Marnan Heights Senior Living to rezone 4.6 acres from "R-4,R-P" Planned Multiple Residence District and "B-P" Business Park District to "R-4,R-P" Planned Multiple Residence District to allow for the construction of a 110 unit senior housing complex located east of 815 Tower Park Drive, be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The proposed design will be compatible with the surrounding commercial uses and proposed commercial uses. East of 815 Tower Park Dr Rezone "R-4,R-P" and "B-P" to "R-4,R-P" Page 5 of 5 24 Page 309 of 435 City of Waterloo Planning, Programming and Zoning Commission June 13, 2023 R -3, C-Z C-2 I R-4, •t;c\-\5 9� ▪ 4 ,O Ti jRl R-1 C-1 R=3--LR-4' W.RIDGEWAYAVE R-3 C-2,C-Z 1- m y PORTER DR �m Zn • � LLJ �--?—HILLTOP RD J w Z w U z ��Q- -MEADOW LN—m O (RA C//,q, I I W cc <s V) T O O R/o w o Z Ccc\ Lii --I J ^°• '$ 0 Q m O vwj 0 �o�—Ct C-P 0 CC 0 O LI MESTYLt LN 7 R=1;C-Z� R-3 U N GLENCOF. a 0 R-4 S-1 p; a Im ' ��GEMC E-T AVE Lii R-4,C-ZP/ 6, Sp,RATI GAlas, R-2 OLYMPIC DR z _R-3 �R-� _ I l �J W-SAN MARNAN DR R-4,R-P _ rRDR O R-4, R-P B-P R-3 jrcTI Q P C-1 w r a'p ' �e PARE.0R C-P—To LI C-2,C-Z E. RIDGEWAY AVE R-2 o xl J cn --IQ r = m FRIENDSHIP LN/ � I/ m n,-- R-3 m E.'SAN MARNAN DR E. TOWER PARKDR C-2 ANDERSON DR R-4 rST___ J� R-1,C-Z W. SHAULIS RD A-1 E. SHAULIS RD East of 815 Tower Park Drive Rezone from "B-P" and "R-4,R-P" to "R-4,R-P" Ridgeway Heights, LLC 25 I -. 'I 94A - AO City of Waterloo Planning, Programming and Zoning Commission June 13, 2023 FISHER DR East of 815 Tower Park Drive Rezone from "B-P" and "R-4,R-P" to "R-4,R-P" Ridgeway Heights LLC 26 f7...... 04 ..f AO APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's name— Business Name if Applicable (please print)): r.• A-,, //e. ELT L-�C. a b. S AA rt t' 11.4r} 11-s 5e.,, c eL�,' t:< r le - Address: 30f2 wr re.• a 12 a S.LcJ Phone: 3V - --i s- gawn' Faic: �t,�, p k City: Get . e%I" State: j1. Zip: yv // -/ 13,3 Finail:.Sanr.Qke, tri-1 vvi7 0410sof.Corl-r1 b. Status of applicant: (a) Owner (b) Other X (CHECK ONE): [f other explain Fle� c. Property owner's name if different than above (please print): Jeln d4 D� �•a S , t- t- Address: 741N l� le\WP. e'S AVA • Phone: Ili - all `� Pax: City: State: [k Zip: SOU 13 Email:1.4$&0.VC . (brtel 2. PROPERTY INFORMATION: a. General location of property to be rezoned: A M C1*i0 tfik nf ivt!y r L� ( iT / Ay'�^' ,,j„ a Le ji l T_om+. Orr % a.. � b. Legal description of property to be rezoned: L.t �i 5h,,, ��,te A,t_i 1. -s w, (�<,,-fC_-14.++r-kzv66' cr 3,04K.. ac„,0kx) Itiv-e.. 40-76 1 c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): . r1 d. Area of Proposed Zoning Boundary (Excluding Right of Way): cr, . s 1 ` e. Current zoning: t3 - p Requested zoning: Q •-9 • R_P r f. Reason(s)rfor rezoningiland proposed��}}use(s) of propert/y-: lav--+.0- �R[ wr y, �-: / s 2- "�'.'zA 8 -Q P„ sIA/ 12..vk —f R IAs-_+ u e a,. c(r4.4.e"��t✓ c=T fl&1rfo Ir..J.iv ,uoed g. Conditions (if any) agreed to: f h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new tiling fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question ii Igard to ie request. �• 3 Signature of Applicant / Date dut'ucp verified 05lIO1Z3 3.30 F A Cvr DXWU-QP3k 67P2MQAI Signature of Owner Date 36 Page 312 of 435 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE July 17, 2023 AGENDA ITEM TITLE Sale and conveyance of City -owned property in the amount of $1.00, located at the southeast corner of Leversee Road and Hyper Drive, for the construction of a 50,000 square foot warehouse, including a Development Agreement and Minimum Assessment Agreement with 3 Stooges, LLC with a minimum assessed value of $1,450,000.00 and tax rebates of five (5) years at 50 percent, rescinding Resolution No. 2023-247 and Resolution No. 2023-248 in their entirety, and authorizing the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request for the sale and conveyance of City -owned property in the amount of $1.00 with a minimum assessed value of $1,450,000.00, located at the southeast corner of Leversee Road and Hyper Drive, for the construction of a 50,000 square foot warehouse, including a Development Agreement and Minimum Assessment Agreement with 3 Stooges, LLC, rescinding Resolutions 2023-247 and 2023-248 in their entirety. The previous resolutions that approved conveyance and a development agreement on April 17, 2023 are being rescinded due to an error in the legal description. The project will receive property tax rebates of 50 percent for five years and a 9,000 square foot expansion is no longer included in this new agreement. NEIGHBORHOOD IMPACT The new development would negatively impact the growing Waterloo Air and Rail Park, which currently has three projects underway in addition to this one. DATA, ANALYSIS, AND STRATEGIES Economic Development IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS The new building has gone through the site plan amendment review before the Planning and Zoning Commission, which was unanimously recommended for approval. Page 313 of 435 SOURCE OF EXPENDITURES East Waterloo Unified TIF rebates. ALTERNATIVE ACTION LEGAL DESCRIPTION Lots 1 and 2, Waterloo Air and Rail Park 2nd Addition, except the south 145.15 feet, City of Waterloo, Black Hawk County, Iowa. ATTACHMENTS 1 Development Agreement 2. Site Plan 3. Building Drawings 4. Previous 3 Stooges DA - Hyper Dr to be rescinded Page 314 of 435 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704 Phone (319) 234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2023 by and between 3 Stooges, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the East Waterloo Unified Urban Renewal and Redevelopment Plan Area (the "Urban Renewal Area"), pursuant to the East Waterloo Unified Urban Renewal and Redevelopment Plan (the "Urban Renewal Plan"). B. Company is willing and able to finance and erect structures and related improvements on property located in the Urban Renewal Area, and legally described on Exhibit "A" attached hereto (the "Property"). C. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. 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 in its as -is condition for the sum of $1.00 (the "Purchase Price"). Page 315 of 435 Conveyance shall be by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) general utility and right-of-way easements serving the Property; and (c) restrictions imposed by the City zoning ordinances and other applicable law. City makes no representation or warranty as to the condition of the Property or its suitability for Company's purposes. Company is responsible to conduct its own due diligence and inspections. 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 Improvements (defined below), which may take the form of a lending commitment letter. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement without further obligation and return the abstract of title to City. 2. Improvements by Company. Company shall construct on the Property a new commercial warehouse facility, consisting of no less than 50,000 square feet, as well as related landscaping, storm water improvements, paving, signage and parking improvements (collectively, the "Improvements"), in accordance with the Plans as provided in Section 3. Company agrees that the Improvements shall be constructed in accordance with the terms of this Agreement, the Urban Renewal Plan, and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. City may require that Company submit specific building designs and site plans for City review and approval. 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 make any of the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project." Improvements completed within the schedule established by Section 4 below will be eligible for the benefits provided for in this Agreement. 3. Construction Plans. Company agrees that it will cause the Improvements to be constructed on the Property in conformance with construction plans (the "Plans") that have been submitted to the City. Company agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of such improvements as detailed and outlined in the Plans. If any material modification in the scope, scale or nature of the Plans is proposed, Company shall submit modified Plans (the "Modified Plans") to the City for review. Modified Plans shall be subject to approval by the City as provided in this Section. City shall approve the modified Plans in writing if: (a) the Modified Plans conform to the terms and conditions of this Agreement; (b) the Modified Plans conform to the terms and 2 Page 316 of 435 conditions of the urban renewal plan; (c) the Modified Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (d) the Modified Plans are adequate for purposes of this Agreement to provide for the construction of the Improvements, and (e) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Plans or Modified Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Plans or Modified Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The Plans or Modified Plans must be rejected in writing by City within thirty (30) days of submission or shall be deemed to have been approved by the City. If City rejects the Plans or Modified Plans in whole or in part, Company shall submit new or corrected Plans or Modified Plans within thirty (30) days after receipt by Company of written notification of the rejection, accomplished by a written statement of the City specifying the respects in which Company's Plans or Modified Plans fail to conform to the requirements of this Section. The provisions of this Section relating to approval, rejection and resubmission of corrected Plans or Modified Plans shall continue to apply until they have been approved by the City; provided, however, that in any event Company shall submit Plans or Modified Plans which are approved by City prior to commencement of construction of additional or modified Improvements. Approval of the Plans or Modified Plans by the City shall not relieve Company of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Plans or Modified Plans by City be deemed to constitute a waiver of any Event of Default. Approval of Plans or Modified Plans hereunder is solely for purposes of this Agreement and shall not constitute approval for any other City purpose nor subject the City to any liability for the Improvements as constructed. 4. Timeliness of Conveyance and Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property to Company and that without said commitment City would not do so. A. Deadlines to commence and complete. Company must obtain a building permit and begin construction of the Improvements within four (4) months after the date of conveyance (the "Start Date") and Substantially Complete construction within fourteen (14) months thereafter (the "Completion Deadline"). 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 and the City has verified that any Project element for which no permit was necessary has 3 Page 317 of 435 been Substantially Completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. The City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for construction of the Improvements. Any additional or longer time extensions will require consent of the City Council. B. Events triggering termination and/or reverter of title, If Company does not begin or Substantially Complete construction of the lmprovements on the schedule stated above, subject to Unavoidable Delays, then City may terminate this Agreement as set forth in Section 19, and City shall then have no further obligation to Company under this Agreement. If development has commenced within the required period, as the same may be extended, and is subsequently stopped 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 an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. if City terminates this Agreement as provided in Section 19, City shall have no further obligations to Company under this Agreement, including but not limited to any legal or equitable obligation to reimburse Company for any costs expended by Company with respect to the Project or to compensate Company for any value added to the Property by any Improvements. In connection with termination of the Agreement as set forth herein, City may demand reconveyance of the Property in addition to exercising any other available remedies. 5. Reverter of Title; Indemnity. In the event of any reverter of title pursuant to Section 4, then 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, free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Concurrently with delivery of the deed, Company shall also deliver to City the abstract of title. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney -in -fact, the special warranty deed or other documents required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney -in -fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable 4 Page 318 of 435 attorneys` fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 6. No Encumbrances; Limited Exception. Until the Improvements are Substantially Completed, 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. Any other mortgage shall be void. 7. Utilities. Company will be responsible for extending, at its own expense, water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. 8. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "B" it will not seek or cause a reduction in the valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $1,450,000.00 (the Minimum Actual Value"), through: either; (i) willful destruction of the Property, the Improvements, or any part of (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to execute and deliver the MAA concurrently with execution and delivery of this Agreement. 9. Tax Rebates. Provided that Company has completed the Improvements before the Completion Deadline, and that Company has executed an MAA as set forth in Section 8 above, City agrees to rebate property tax (with the exceptions noted below) with respect to the Improvements, as follows: Year One through Year Five 50% rebate each year for any assessed value added by the completed Improvements (each such payment is a 'Rebate"). Each Rebate is payable in respect of a given property tax fiscal year (a "Fiscal Year") only to the extent that (a) Company has actually paid general property 5 Page 319 of 435 taxes due and owing for such Fiscal Year and (b) the city council has made an appropriation for the payment of the Rebate. To receive a Rebate for a given Fiscal Year, Company must, within twelve (12) months after the due date of the last installment of the property taxes for the respective Fiscal Year (i.e., the "March Installment"), submit a completed Rebate request to City on the form provided by or otherwise satisfactory to City. A failure to timely submit a request for a Rebate for a Fiscal Year will result in a forfeiture of the right to request a Rebate for such Fiscal Year. City agrees to consider a completed application for a Rebate within sixty (60) days after submission of the application to City. The assessed value of the Property as a result of the Improvements constructed thereon must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. Rebates shall not be paid based on any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first Fiscal Year in respect of which a Rebate may be given ("Year One") shall be the first full Fiscal Year for which the assessment is based upon the completed value of the Improvements and not based on a prior Fiscal Year for which the assessment is based solely upon (x) the value of the Property, or upon (y) the value of the Property and a partial value of the Improvements due to partial completion of such Improvements or a partial Fiscal Year. As an example of the above provision, in the event Improvements on the Property are completed prior to January 1, 2025 and the Property and Improvements are assessed as fully completed based on the Plans, as may be revised, the property taxes that would be assessed based on the January 1, 2025 assessed value would be for the Fiscal Year ending June 30, 2027, with the taxes payable one-half by September 30, 2026 and one-half by March 31, 2027, then the first Rebate could be applied for after March 31, 2027 and prior to April 1, 2028. 10. Limitations on Payment of Rebates. A. Each payment of a Rebate is subject to annual appropriation by the city council each fiscal year. City has no obligation to make any payments to Company as contemplated under this Agreement until the city council annually appropriates the funds necessary to make such payments. The right of non - appropriation reserved to City in this paragraph is intended by the parties, and shall be construed at all times, so as to ensure that City's obligation to make future payments of Rebates shall not constitute a legal indebtedness of City within the meaning of any applicable constitutional or statutory debt limitation prior to the adoption of a budget which appropriates funds for the payment of that installment or amount. In the event that any of the provisions of this Agreement are determined by a court of competent jurisdiction or by City's bond counsel to create, or result in the creation of, such a legal indebtedness of City, the enforcement of the said provision shall be suspended, and the Agreement shall at all times be construed and applied in such a manner as will preserve the foregoing intent of the parties, and no Event of Default by City shall be deemed to have occurred as a result thereof. If any provision of this Agreement or the 6 Page 320 of 435 application thereof to any circumstance is so suspended, the suspension shall not affect other provisions of this Agreement which can be given effect without the suspended provision. To this end the provisions of this Agreement are severable. B. Notwithstanding the provisions of Section 9 hereof, City shall have no obligation to make a payment of a Rebate to Company if at any time during the term hereof City fails to appropriate funds for payment; City receives an opinion from its legal counsel to the effect that the use of Tax Increments resulting from the Property and Improvements to fund a Rebate payment to Company, as contemplated under Section 9 above, is not, based on a change in applicable law or its interpretation since the date of this Agreement, authorized or otherwise an appropriate urban renewal activity permitted to be undertaken by City under the Urban Renewal Act or other applicable provisions of the Code, as then constituted or under controlling decision of any Iowa court having jurisdiction over the subject matter hereof; or City's ability to collect Tax Increment from the Improvements and Property is precluded or terminated by legislative changes to Iowa Code Chapter 403. Upon occurrence of any of the foregoing circum- stances, City shall promptly forward notice of the same to Company. If the circumstances continue for a period during which two (2) annual Rebate payments would otherwise have been paid to Company under the terms of Section 9, then City may terminate this Agreement, without penalty or other liability to City, by written notice to Company. C. For purposes of this Agreement, "Tax Increments" shall mean the property tax revenues on the improvements and Property received by and made available to City for deposit in an account maintained under this Agreement, the provisions of Iowa Code § 403.19 and the ordinance governing the Urban Renewal Plan. 11. Conditions to City Funding. A. The complete or initial funding by City of the Rebates and other Project commitments shall be deemed an agreement of the parties that the applicable conditions to disbursement of funds shall, as of the date of such funding, have been satisfied or waived. If the conditions set forth in this Section are not satisfied at a Rebate disbursement date, this Agreement shall terminate unless a new disbursement date is established by amendment to this Agreement. The termination of this Agreement shall be the sole remedy available to City or Company if, for whatever reason, a condition set forth in this Section is not satisfied at a Rebate payment date, it being understood that each party shall nonetheless incur costs and liabilities prior thereto for which they alone are responsible. City and Company each expressly assumes all responsibility for the costs and liabilities they may each so incur prior to a Rebate payment date and agree to indemnify and hold each other harmless therefrom. 7 Page 321 of 435 B. It is recognized and agreed that the ability of the City to perform the obligations described in this Agreement, including but not limited to the Rebate payments, is subject to completion and satisfaction of certain separate city council actions and required legal proceedings relating to the creation of a tax increment financing (TIF) district and/or amendment of the applicable urban renewal plan, including the holding of public hearings on the same. Further, all the obligations of City under this Agreement are subject to fulfillment, on or before each Rebate payment date, of each of the following conditions precedent: (i) The representations and warranties made by Company in Section 14 shall be true and correct as of the Rebate disbursement date with the same force and effect as if made at such date. (ii) Company shall be in material compliance with all the terms and provisions of this Agreement. (iii) There has not been, as of the Rebate disbursement date, a substantial change for the worse in the financial resources and ability of Company, or a substantial decrease in the financing commitments secured by Company for construction of the Improvements, which change(s) makes it likely, in the reasonable judgment of the City, that Company will be unable to fulfill its covenants and obligations under this Agreement. 12, 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. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until the Improvements are 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. C. During construction of the Improvements and thereafter until the MAA termination date 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. D. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its 8 Page 322 of 435 businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. E. Until termination of the MAA, Company will maintain, preserve and keep the Property, 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. F. The Property will have an assessed value as set forth in the MAA and any amendments thereto, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA and any amendments thereto will be a reasonable estimate of the actual value of the Property and improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA and any amendments thereto. G. Until termination of the MAA, Company agrees that (1) if the completed Improvements are to be Company's primary location for business operations, it will not undertake, in any other municipality in Black Hawk County, the construction or rehabilitation of any commercial property as a primary location for Company's business operations of the type to be conducted on the Property, and (2) it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. H. 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 Property. 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 Property that is determined by any tax official to be applicable to the Property 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 Property. 13. Representations and Warranties of City. City hereby represents and warrants as follows: 9 Page 323 of 435 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. 14. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 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 bylaws 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. Assuming due authorization, execution and delivery by the other parties hereto, this Agreement 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. F. 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. 10 Page 324 of 435 15. 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 arising after Company's lease or acquisition of the same 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 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 any willful misrepresentation, any willful misconduct, 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 or purportedly arises from (1) any violation of any agreement 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) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property, but only to the extent such liability has not been previously transferred to and accepted by the City in writing. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 16. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 5% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 11 Page 325 of 435 17. 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. 18. 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, any part of the Property, or this Agreement, without the prior written consent of City; C. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against any of the Property; D. 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; E. 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 any part of the Property. F. 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. 12 Page 326 of 435 19. 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 City 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. 20. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 21. 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, 13 Page 327 of 435 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. 22. 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. 23. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 3510 Kimball Avenue, Suite H, Waterloo, Iowa 50702, Attention: Anthony Fischels. 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, (ili) 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. 24. 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. 25. 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. 26. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this 14 Page 328 of 435 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. 27. 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. 28. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 29. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 30. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 31. 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. 32. 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] 15 Page 329 of 435 CITY OF WATERLOO, IOWA 3 STOOGES, LLC By: By: ------ Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk Anthon ischels Managing Member PERSONAL GUARANTY. The undersigned members and/or managers of Company hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein, if any. Liability of guarantors hereunder is joint and several. Anthony Fis els 16 Page 330 of 435 EXHIBIT "A" Legal Description of Property Lots 1 and 2, Waterloo Air and Rail Park 2^a Addition, except the south 145.15 feet, City of Waterloo, Black Hawk County, State of Iowa. 17 Page 331 of 435 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2023, by and among the CITY OF WATERLOO, IOWA ("City"), 3 STOOGES, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property (the "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 within the City and within the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, including the construction of certain improvements as described in the Development Agreement (the "Minimum Improvements") on the Property (the "Project"); and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the Property and the Minimum Improvements to be constructed thereon by Company pursuant to the Development Agreement, 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 Minimum 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 Minimum Improvements by Company, the minimum actual taxable value which shall be fixed for assessment purposes for the Property and Minimum Improvements to be constructed thereon by Company as a part of the Project shall not be less than $1,450,000.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Minimum Improvements will be substantially completed by the date set forth in the Development Agreement, and in any case if the Minimum Improvements are not substantially completed by December 31, 2024 the parties agree to execute an amendment to this Agreement that will extend the date specified in Section 2 below. 18 Page 332 of 435 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, 2034. The Minimum Actual Value shall be maintained during such period regardless of: (a) any failure to complete the Minimum Improvements; (b) destruction of all or any portion of the Minimum Improvements; (c) diminution in value of the Property or the Minimum Improvements; or (d) any other circumstance, whether known or unknown and whether now existing or hereafter occurring. 3. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to all and any parts of the Property and the Minimum Improvements pursuant to the provisions of this Agreement and the Development Agreement. Such tax payments shall be made without regard to any Toss, complete or partial, to the Property or the Minimum Improvements, any interruption in, or discontinuance of, the use, occupancy, ownership or operation of the Property or the Minimum Improvements by Company or any other matter or thing which for any reason interferes with, prevents or renders burdensome the use or occupancy of the Property or the Minimum Improvements. 4. Company agrees that its obligation to make the tax payments required hereby, to pay the other sums provided for herein, and to perform and observe its other agreements contained in this Agreement shall be absolute and unconditional obligations of Company (not limited to the statutory remedies for unpaid taxes) and that Company shall not be entitled to any abatement or diminution thereof, or set off therefrom, nor to any early termination of this Agreement for any reason whatsoever. 5. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, 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 Minimum Improvements in excess of the Minimum Actual Value. 6. Company agrees that during the term of this Agreement it will not: (a) seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute relating to the taxation of property contained as a part of the Property or the Minimum Improvements determined by any tax official to be applicable to the Property or the Minimum Improvements, or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; or (b) seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state 19 Page 333 of 435 law, of the taxation of real property, including improvements and fixtures thereon, contained in the Property or the Minimum Improvements; or (c) request the Assessor to reduce the Minimum Actual Value; or (d) appeal to the board of review of the city, county, state or to the Director of Revenue of the State of Iowa to reduce the Minimum Actual Value; or (e) cause a reduction in the actual value or the Minimum Actual Value through any other proceedings. 7. 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. 8. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 9. 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. 10. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 20 Page 334 of 435 CITY OF WATERLOO, IOWA 3 STOOGES, LLC By: By: Quentin Hart, Mayor Anthon '' ischels, Manager By: Kelley Felchle, City Clerk STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of , 2023, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Notary Public 21 Page 335 of 435 Subscribed and sworn to before me on jaA/( -17 , 2023 by Anthony Fischels as Managing Member of 3 Stooges, LLC. o '"`s TIM ANDERA 21k COMMISSION NO. 772518 * * MY COMMISSION EXPIRES /OWN APRIL 11, 2024 Notary Public 22 6i Page 336 of 435 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the Minimum Improvements to be constructed and the market value assigned to the land upon which the Minimum 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 described in the foregoing Minimum Assessment Agreement, certifies that the actual value assigned to that land and improvements upon completion shall not be less than One Million Four Hundred Fifty Thousand and 00/100 Dollars ($1,450,000.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2023 by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public 23 Page 337 of 435 1 HYPER DRIVE WAREHOUSE 130 HYPER DRIVE, WATERLOO, IOWA -2023- WARP DR. (WATERLOO CORPORATE LIMITS) PROJECT LOCATION WATERLOO MUNICIPAL AIRPORT VICINITY MAP NOT TO SCALE Sioux City 1-35 Ames Des Moines Council Bluffs Mason City HYPER DRIVE WAREHOUSE Dubuque Waterloo 0 Marshalltown Cedar Rapids 1-80 %r. Burlington LOCATION MAP 1 Davenport WORK AND MATERIALS SHALL BE IN ACCORDANCE WITH THE IOWA STATEWIDE URBAN STANDARD SPECIFICATIONS FOR PUBLIC IMPROVEMENTS, 2023 EDITION (SUDAS), THE CITY OF WATERLOO WATER WORKS SPECIFICATIONS AND THE CITY OF WATERLOO STANDARD SPECIFICATIONS CGA Clapsaddle-Garber Associates, Inc 5106 Nordic Dr. Cedar Falls, Iowa 50613 Phone 319-266-0258 www.cgaconsultants.com SHEET NO. C.100 C.101 C.110 C.200 C.300 C.310 C.400 C.500 - C.502 INDEX OF SHEETS DESCRIPTION TITLE SHEET SYMBOLS, LEGEND AND GENERAL INFORMATION EXISTING CONDITIONS & REMOVALS OVERALL LAYOUT PLAN OVERALL GRADING PLAN STORM WATER PREVENTION AND POLLUTION PLAN LANDSCAPING PLAN TYPICAL DETAILS CONSTRUCTION PLAN SET: 06-01-2023 I hereby certify that this engineering document was prepared by me or under my direct personal supervision and that I am a duly licensed Professional Engineer under the laws of the State of Iowa. 06-01-2023 Signature Adam C. Daters, PE Iowa License Number 19579 My license renewal date is December 31, 2024 Pages or sheets covered by this seal: All pages indicated in the index Date CGA PROJECT NO. 23-DS-0051 SHEET C.100 Page 338 of 435 C.100 (COVER & LEGEN wgs\5 Sheets \23-D LEGEND EXISTING PROPOSED EVERGREEN TREE DECIDUOUS TREE FRUIT TREE 58 SHRUBS(BUSHES) TREE LINE STUMP SWAMP CEMETERY GRAVE CAVE SINK HOLE WELL WINDMILL © CISTERN SEPTIC TANK LP LP GAS TANK u� UNDERGROUND STORAGE TANK SATELLITE DISH SIGN (TYPE AS NOTED) FLAGPOLE • SOIL BORING • MONITORING WELL ® © PARKING METER 18 MAILBOX O POST • BOLLARD SPRINKLER HEAD SPRINKLER HEAD VALVE GUARDRAIL (BEAM OR CABLE) —X X— —0 O FENCE 0 —0— — TILE OUTLET DRAINAGE WAY EDGE OF WATER e--e--�� SILT FENCE CONTOUR LINE SPOT ELEVATION SIGN SPH SPV BUILDING IIOW A ©In 1-800-292-8989 www.iowaonecall.com ve.a.�ti EXISTING PROPOSED --W(*)---- W WATERLINE Pa A 0 FDC P®V San(') StS (`) DT SD N G(*) e>1 —OH E— FO(') a> T(*) 6 WATER VALVE J� FIRE HYDRANT ® WATER METER - ' CURB STOP T YARD HYDRANT ▪ FIRE DEPT. CONNECTION FDC IV POST INDICATOR VALVE • SANITARY SEWER LINE STORM SEWER LINE - DT ---- DRAIN TILE - SD ---- SUBDRAIN O MANHOLE © CLEANOUT INTAKE BEEHIVE INTAKE ® ROOF DRAIN ® ROOF DRAIN (SURFACE) • ROOF DRAIN (UNDERGROUND) G GAS LINE N GAS VALVE ® GAS METER —OH E— OVERHEAD ELECTRICAL LINE E BURIED ELECTRICAL LINE • POWER POLE ▪ ELECTRICAL METER ELECTRICAL HIGHLINE TOWER ▪ TRAFFIC SIGNAL STREET LIGHT ▪ LUMINAIRE • ELECTRICAL BOX/TRANSFORMER FO FIBER OPTICS LINE • FIBER OPTICS BOX • FIBER PEDESTAL T TELEPHONE LINE f TELEPHONE POLE • TELEPHONE PEDESTAL TELEPHONE BOX ® CABLE TELEVISION LINE ---- N ---- TELEVISION PEDESTAL • TELEVISION BOX ❑� AIR CONDITIONER I.I 0 EXISTING PROPOSED -- SECTION/R.O.W. LINE BOUNDARY LINE PROPERTY LINE — — EASEMENT LINE SETBACK LINE • ▪ R.O.W. RAIL OR LOT CORNER O ❑� CONCRETE MONUMENT A 0 GOVERNMENT CORNER MONUMENT • 0 PARCEL OR LOT CORNER MONUMENT TEMP. CONSTRUCTION EASEMENT CORNER $ SURVEY CONTROL POINT ABBREVIATIONS PCC ACC STM INT INT-MH STCO FES STP STFM SMH SACO SAP SAFM FH YH WV CS PIV FDC RCP CMP HDPE PVC DI CP BM SB MW PM SH GV GM PP EM TS LP EB FB TB TP CB AC CBU PORTLAND CEMENT CONCRETE ASPHALT CEMENT CONCRETE STORM SEWER MANHOLE STORM SEWER INTAKE STORM SEWER INTAKE WITH MANHOLE STORM SEWER CLEANOUT STORM SEWER FLARED END SECTION STORM SEWER PIPE STORM SEWER FORCE MAIN SANITARY SEWER MANHOLE SANITARY SEWER CLEANOUT SANITARY SEWER PIPE SANITARY SEWER FORCE MAIN FIRE HYDRANT ASSEMBLY YARD HYDRANT ASSEMBLY WATER VALVE CURB STOP POST INDICATOR VALVE FIRE DEPT. CONNECTION REINFORCED CONCRETE PIPE CORRUGATED METAL PIPE HIGH -DENSITY POLYETHYLENE PIPE POLYVINYL CHLORIDE PIPE DUCTILE IRON PIPE SURVEY CONTROL POINT SURVEY BENCHMARK SOIL BORING MONITORING WELL PARKING METER SPRINKLER HEAD GAS VALVE GAS METER POWER POLE ELECTRIC METER TRAFFIC SIGNAL LIGHT POLE/STREET LIGHT ELECTRICAL BOX/TRANSFORMER FIBER OPTICS BOX/PEDESTAL TELEPHONE BOX/PEDESTAL TELEPHONE POLE CABLE/TELEVISION BOX AIR CONDITIONER UNIT CLUSTER MAILBOX UNIT CONTROL POINTS: IOWA REGIONAL COORDINATE SYSTEM ZONE 5 NAD83(2011)(EPOCH 2010) IARTN DERIVED -US SURVEY FEET. NUMBER NORTHING EASTING 102 600 601 603 604 606 608 PROPOSED USE WAREHOUSE 3667429.5390 3667473.6810 3667510.8370 3667516.1840 3667521.2580 3667525.9210 3667488.8890 PROPERTY ADDRESS: LOTS 1-3 WATERLOO AIR AND RAIL PARK 2ND ADD. HYPER DRIVE WATERLOO, IA 50701 OWNER OF RECORD: 3 STOOGES LLC 5570 HWY V37 DYSART, IOWA 52224 SITE PLAN PREPARED BY: PROJECT MANAGER: ADAM DATERS CLAPSADDLE-GARBER ASSOCIATES, INC 16 EAST MAIN STREET MARSHALLTOWN, IOWA 50158 PH 641-752-6701 W W W.CGACONSULTANTS.COM DATE OF PREPARATION: 03-31-2023 FIELD WORK COMPLETED: 02-20-2023 LEGAL DESCRIPTION: WATERLOO AIR AND RAIL PARK THIRD ADDITION LOTS 1 AND 2 DESIGNED: DRAWN: ---- DATE. ---- DATE. ---- DATE ---- DATE ---- 5214332.9990 5213312.2620 5213311.4970 5213619.2160 5213926.3560 5214207.5570 5214216.6310 ELEV. DESCRIPTION 870.2790 870.9240 870.8710 870.4970 868.9470 867.6150 867.5940 NOTES: 5/8" REBAR W/ WHITE PLASTIC CAP MAG NAIL MAG NAIL MAG NAIL MAG NAIL MAG NAIL MAG NAIL 1. ALL BEARINGS ARE THE RESULT OF G.P.S. OBSERVATIONS. 2. ALL UNDERGROUND UTILITIES ON THIS SITE HAVE BEEN LOCATED AT ASCE LEVEL C OR D SURVEY QUALITY. 3. UTILITY LINETYPES WITH A QUALITY LEVEL INDICATOR (1) HAVE BEEN LOCATED PER THE FOLLOWING ASCE STANDARD GUIDELINE FOR THE COLLECTION & DEPICTION OF EXISTING SUBSURFACE UTILITY DATA" : (A) - PRECISE HORIZONTAL & VERTICAL LOCATION OF UTILITIES OBTAINED BY THE ACTUAL EXPOSURE (OR VERIFICATION OF PREVIOUSLY EXPOSED & SURVEYED UTILITIES) & SUBSEQUENT MEASUREMENT OF SUBSURFACE UTILITIES, USUALLY AT A SPECIFIC POINT. MINIMALLY INTRUSIVE EXCAVATION EQUIPMENT IS TYPICALLY USED TO MINIMIZE THE POTENTIAL FOR UTILITY DAMAGE. A PRECISE HORIZONTAL & VERTICAL LOCATION, AS WELL AS OTHER UTILITY ATTRIBUTES, IS SHOWN ON PLAN DOCUMENTS. ACCURACY IS TYPICALLY SET TO 15- MM VERTICAL & TO APPLICABLE HORIZONTAL SURVEY & MAPPING ACCURACY AS DEFINED OR EXPECTED BY THE PROJECT OWNER. (B) -INFORMATION OBTAINED THROUGH THE APPLICATION OF APPROPRIATE SURFACE GEOPHYSICAL METHODS TO DETERMINE THE EXISTENCE & APPROXIMATE HORIZONTAL POSITION OF SUBSURFACE UTILITIES. QUALITY LEVEL B DATA SHOULD BE REPRODUCIBLE BY SURFACE GEOPHYSICS AT ANY POINT OF THEIR DEPICTION. THIS INFORMATION IS SURVEYED TO APPLICABLE TOLERANCES DEFINED BY THE PROJECT & REDUCED ONTO PLAN DOCUMENTS. (C) -INFORMATION OBTAINED BY SURVEYING & PLOTTING VISIBLE ABOVE -GROUND UTILITY FEATURES & BY USING PROFESSIONAL JUDGEMENT IN CORRELATING THIS INFORMATION TO QUALITY LEVEL D INFORMATION. (D)- INFORMATION DERIVED FROM EXISTING RECORDS OR ORAL RECOLLECTIONS. UTILITY COMPANIES THE FOLLOWING UTILITIES ARE PRESENT ON THIS PROJECT CENTURYLINK TOM STURMER 720-578-8090 MEDIACOM BRIAN KADNER 845-867-0932 MIDAMERICAN (ELECTRIC) LUKE JOHNSON 319-291-4676 MIDAMERICAN (GAS) MOLLY BROUWER 319-291-4737 WATERLOO WATER WORKS CHAD COON 319-232-6280 CITY OF WATERLOO ENGINEERING JAMIE KNUTSON 319-291-4512 WATERLOO PUBLIC WORKS RANDY BENNETT 319-291-4267 NOTE: TYPICAL DEPTH OF COVER ON WATERMAIN PIPE IN WATERLOO IS 6 FT. UNDERGROUND STRUCTURES, FACILITIES, AND UTILITIES HAVE BEEN PLATTED FROM AVAILABLE SURVEYS, RECORDS AND DEEDS. THEREFORE THEIR LOCATIONS MUST BE CONSIDERED APPROXIMATE ONLY. THERE MAY BE OTHERS, THE EXISTENCE OF WHICH IS PRESENTLY NOT KNOWN. NO. REVISION BY DATE NO. REVISION BY DATE CGA Clapsaddle-Garber Associates, Inc 5106 Nordic Drive Cedar Falls, Iowa 50613 Ph 319-266-0258 www.cgaconsultanis.com CHECKED: ACD APPROVED: ACD HYPER DRIVE WAREHOUSE WATERLOO, IOWA SYMBOLS, LEGEND, AND GENERAL INFORMATION PROJECT NO. 23-DS-0051 SHEET NO. C 101 Page 339 of 435 0 (Existing Conditions).dwg wgs\5 Sheets \23-D PCC It- 7111 RIP RAPi111 I 8" RCP FL=865.84= _ ELEC. FIRE HYDRANT CTRL #6D1 MH RIM ELEV=870.85 I MH _ R1M ELEV=870.59-•"�hWif-sen6ri 7 — — (HE FIBER 18" F CP FL=865 ACG BURIED El EC. FLAG II BURIED E-EC FLAG 0,CD FI FI STORM MH ELEV-870.87 (N) 18" RCP FL: 866.02 l (S) 18" RCP FL: 865.97 8" RCP FL=865.301PE WITH GRATE FL: 866.83 � 8787t� m I I I-1 I I DRAINAGE AND UTILITY EASMENT 1I11 11 II III I I I"I 1111 j "in 0111 II 111111�111,��D, I I I I I I IIII IIIII �SAN MH I RIM ELEV=866.87 1111 11r' j11 1111111 P EAD ;I�I 1 1('''11 11 FIEFLA1i 11111 II� ER FLAG-1 I EFLAG Icy1r111111 ,g69, R Ili 11i1�II�-1�� LLII�IIII �1 �111111 1'1i 1IIII I111 11111 II 1, 111 I II I 1 1111 1 �1 11101 iv 911 IIII 334.49' MHhy„ RIM ELEV=870.46 STORM MH RIM ELEV=870.47�, (N) 24" RCP FL: 866.21 (E) 24" RCP FL: 866.2 A FIRE HYDRANT BM #660 TRL #603 875 MH RIB MELEV=869.59 / / / 7 60.0' SANITARY SEWER, 87C 7 LOT 1 4.96 AC WATERLINE STUB MARKER_ _ 7 7 7 / 7 7 7 7 �G7_ UER FLAG-i 1 1 I r— = _ — =-a66 — — _ — L 1-I _ —8 65- _ _ L`j�SAN LE - _--_ — ---662- RIMELEV=865.38� — — r — — — — • 1 — _ 343.40-- — — — J// — FIRE HYDRANT_ CTRL #604— Ilol xlo ..,o) ,..6r M10, STORM MH� -MH ELEV=868.91 RIM ELEV=868.86 (N)18" RCP FL 864.57 "mom-'(W) 24" RCP FL 864.66,-\ -STORM INTAKE 81 = ELEV=868.87 • (NW) 8" METAL PIPE WITH GRATE FL: 865.1 — — 275.04. SAN-L4N-KT8B-MARK81 WATERLINE STUB MARKER -868 PCC MH _RIM ELEV-867 54 1 I I I� = sa- n(__, 1) Iu.I 1 l' I i � — ��� � 1, \� —_ - STORMMH FIRE HYDRANT�4—RIM ELEV=86767 I— rCTRL#606 N I /` RIM ELEV=867.61 R xwnw.n5d5 / 7 / 7 / 7 / / LOT 2 / 4.03 AC / P OP\OPQO P / 7 / / PROPOSED PROPERTY LINE 616.42' 7 i i 862',65 864- �/ 865-- —866— 275.04' 7 4, w 7 / / DESIGNED: ---- DATE- ---- DRAWN: ---- DATE - CHECKED: ACD DATE ---- APPROVED: ACD DATE ---- / 274.98' WATERLINE STUB MARKER LOT 1 4.03/AC / 974. 95- STORM MHg RIM ELEV=867.56- \ GENERAL DEMOLITION NOTES: ADJOINING PROPERTIES SHALL BE PROTECTED DURING DEMOLITION OPERATIONS. DEBRIS ON ADJOINING PROPERTIES SHALL BE CAREFULLY REMOVED BY CONTRACTOR. ANY DAMAGE TO EXISTING PAVEMENT TO REMAIN DUE TO CONSTRUCTION ACTIVITIES SHALL BE REPAIRED AT THE CONTRACTOR'S EXPENSE. ALL EFFORTS SHALL BE MADE TO NOT DISTURB EXISTING PAVEMENT TO REMAIN. REMOVE ALL SIGNS, LIGHTS, POSTS, POLES,WALLS, AND ASSOCIATED FOUNDATIONS AS INDICATED. BACKFILL ALL HOLES AND DEPRESSIONS WITH SUITABLE SOIL. CONTRACTOR SHALL SUPPLY DETAILED CONSTRUCTION SCHEDULE TO THE CITY. ONE WEEK PRIOR TO CONSTRUCTION, THE CONTRACTOR SHALL NOTIFY: A. CITY OF WATERLOO B. OWNER C. CLAPSADDLE-GARBER ASSOCIATES, INC. CONTRACTOR SHALL DISPOSE OF PAVEMENT & FENCING OFF -SITE ALL CONSTRUCTION MATERIALS, DUMPSTERS, DETACHED TRAILERS, OR SIMILAR ITEMS ARE PROHIBITED ON PUBLIC STREETS OR WITHIN THE PUBLIC RIGHT-OF-WAY. 6, //- 36" RCP FL=860.65 III wco N RIP RAP JC1. 1 36" RCP =860.49 N KEY DEMOLITION CONSTRUCTION NOTES: REMOVE CONCRETE CURBS TO NEAREST JOINT LINE OR AS INDICATED. ® REPLACE STORM SEWER INTAKE TOP. GRAPHIC SCALE 40' 80' 120' NO. REVISION BY DATE NO. REVISION BY DATE Clapsaddle-Garber Associates, Inc 5106 Nordic Drive Cedar Falls, Iowa 50613 Ph 319-266-0258 www.cgaconsultanis.com HYPER DRIVE WAREHOUSE WATERLOO, IOWA EXISTING CONDITIONS PROJECT NO. 23-DS-0051 SHEET NO. C.110 Page 340 of 435 wgs\5 Sheets \23-D W(D) W(D)— — — — wlq an(D) GI EXISTING SW-507. (N) 24" RCP FL: 866.21 (E) 24" RCP FL: 866.20 6" SUBDRAIN W/ 8" RODENT GUARD GRATE FL: 866.86 EX. RIM: 870.47 REMOVE THE SW-507 AND REPLACE WITH A MODIFIED SW-503 WITH AN SW-603 TYPE S GRATE WITH THE MH FRAME BEING AN EJ-2450 WITH AN EJ-1040A COVER, OR EQUAL. PROP FG: 870.15 W(D) W(D) an(D) San(D) 8" WATER SERVICE TO BE REMOVED. DISCONNECT AT TEE AND INSTALL SLEEVE. SALVAGE EXISTING VALVE TO OWNER. J 71.89' 109.12' a ® 1 1 I 8' DUCTILE IRON SERVICE INSTALL 12" X 8" TAPPING SLEEVE WITH 8' VALVE II 31 GRAPHIC SCALE 1 -�, 112.09' I 79.82' 0 40' 80' 120' NO. N co REVISION 8 100' I I 1" COPPER WATER SERVICE I I I I INSTALL 1" GATE VALVE BY DATE (0) NO. REVISION D) I I I PROPOSED BUILDING I QI I I I I I I I PROPERTY LINE BY DATE WID) W(0 HYPER DRIVE 86 90' FL: 866.29 F : AI W(D) -�� 236 LF 6" HDPE PIPE @ 0.50% 30' LOADING DOCK (TYP) I Clapsaddle-Garber Associates, Inc 5106 Nordic Drive Cedar Falls, Iowa 50613 Ph 31 g-266-0256 www.cgaconsultanis.com DESIGNED: ---- DRAWN: ---- 8" WATER SERVICE TO BE REMOVED. DISCONNECT AT TEE AND INSTALL SLEEVE. SALVAGE EXISTING VALVE TO OWNER. W(D) W(D)— — — —w(u) 132' CHECKED: ACD APPROVED: ACD A 83.24' FL:I 865.81 97 LF 18°HDPE PIPE @ 0.50% Wm) W(D)7 40' DRAINAGE EASEMENT I EX LOT LINE ! I I I -) -FL: 864.34 3N1 ,11433dOHd 44.31' f FL: 862.26-N, DATE. ---- DATEE ---- DATE ---- DATE ---- • W(D)— — — HYPER DRIVE WAREHOUSE WATERLOO, IOWA TRAFFIC CONTROL NOTES 1. ALL TRAFFIC CONTROL DEVICES & BARRIERS SHALL BE FURNISHED, ERECTED, MAINTAINED, & REMOVED BY THE CONTRACTOR. 2. PROPOSED CHANGES TO THE TRAFFIC CONTROL PLAN SHALL BE REVIEWED WITH THE ENGINEER BEFORE CHANGES ARE MADE. 3. ACCESS TO NEIGHBORING BUILDINGS SHALL BE MAINTAINED AT ALL TIMES. 4. ALL UTILITY WORK WITHIN THE PUBLIC R.O.W. SHALL CONFORM TO THE CITY OF WATERLOO STANDARDS & THE CURRENT ADDITION OF THE MUTCD. 5. TWO-WAY TRAFFIC SHALL BE MAINTAINED AT ALL TIMES ALONG HYPER DRIVE. 6. THE CONTRACTOR SHALL USE CARE WHEN WORKING UNDER/OVER/AROUND ELECTRICAL LINES. 7. FLASHING OR STEADY BURN WARNING LIGHTS ARE REQUIRED ON TYPE II BARRICADES FOR OVERNIGHT CLOSURES. 8. WORK AREA MUST BE ENCLOSED WITH BARRICADES, FENCING, OR A COMBINATION OF THE TWO. GENERAL LAYOUT NOTES: N 1. ALL DIMENSIONS ARE TO BACK OF CURB UNLESS OTHERWISE NOTED. 2. ALL WORK SHALL BE IN ACCORDANCE WITH OSHA CODES & STANDARDS. NOTHING INDICATED ON THESE DRAWINGS SHALL RELIEVE THE CONTRACTOR FROM COMPLYING WITH APPROPRIATE SAFETY REGULATIONS. 3. SIGHT LIGHTING SHALL BE DETERMINED BY THE OWNER. 4. ALL DISTURBED AREAS SHALL BE SEEDED, FERTILIZED & MULCHED UNLESS OTHERWISE NOTED IN PLANS. REFER TO LANDSCAPING PLAN. 5. ANY DAMAGE TO THE PAVEMENT NOT SHOWN FOR REMOVAL ON THE PLANS DUE TO CONSTRUCTION ACTIVITIES SHALL BE REPAIRED AT THE CONTRACTORS EXPENSE. ALL EFFORTS SHALL BE MADE TO NOT DISTURB EXISTING PAVEMENT. 6. COORDINATE GAS, ELECTRIC, TELEPHONE, & FIBER OPTIC WITH RESPECTIVE UTILITY COMPANIES. 7. ALL CONSTRUCTION MATERIALS, DUMPSTERS, DETACHED TRAILERS, OR SIMILAR ITEMS ARE PROHIBITED ON PUBLIC STREETS OR WITHIN PUBLIC RIGHT-OF-WAY. 8. RETAINING WALLS NEED TO DESIGNED ALONG WITH WALL ELEVATIONS BY A LICENSED STRUCTURAL ENGINEER. CONSTRUCTION DETAILS INSTALL 6" PCC PAVEMENT SECTION (5,632 SY) INSTALL 4" PCC SIDEWALK PAVEMENT SECTION (30 SY) INSTALL 12" GRAVEL SECTION (8,886 SY) i`�gZ_ )OC lC INSTALL 6" CURB INTERGAL PCC CURB & GUTTER INSTALL CURB RUNOUT INTERNATIONAL SYMBOL OF ACCESSIBILITY PARKING SPACES MARKING CONCRETE DRIVEWAY, TYPE B WITH RADII LOADING DOCK TRENCH DRAIN MODIFIED SW-503 WITH SW-603 TYPE S SINGLE GRATE INTAKE WITH MANHOLE LEGEND: PROPOSED ULTIMATE PARKING jjjA PROPOSED ULTIMATE SIDEWALK CONSTRUCTION NOTES: INSTALL PROPOSED BUILDING (BY OTHERS) ®LIVE TAP 8" WATER SERVICE TO EXISTING 12" WATER MAIN PER WATERLOO WATER WORKS SPECIFICATIONS. COORDINATE ALL WITH WATERLOO WATER WORKS. INSTALL 12" X 8" TAPPING SLEEVE WITH 8" VALVE. INSTALL 1" DOMESTIC SERVICE WITH 1" VALVE OFF OF 8" FIRE SERVICE LINE. ©INSTALL 6" SANITARY SEWER SERVICE. SLOPE MUST BE 1% OR GREATER ®INSTALL 18" HDPE CULVERT ®INSTALL 653 LF 6" HDPE SUBDRAIN OINSTALL SUBDRAIN CLEANOUT ©INSTALL PROPOSED RETAINING WALL. (RETAINING WALL STRUCTURAL DESIGN BY OTHERS) $INSTALL SUBDRAIN RODENT GUARD OINSTALL RIP -RAP W/ ENGINEERING FABRIC AT LOW POINT OVERALL LAYOUT PLAN PROJECT NO. 23-DS-0051 SHEET NO. C 200 Page 341 of 435 wgs\5 Sheets \23-D PI -1---W(D) W(D) 69 Jr;a. //( IIIII III 868.57_ If Iji I aI,- I 1 I I 1'1 1 l I I 1 I!I 869.98 = 1 IT L d. )I 11 11 f I 8I.34 I4111 ilI IL,I I 11 II, 141_1I�� I �9.98 111 1l1i 1II 111 111111 1�I 1II1 11L1II 4( I(, I � III II iii I I� II" II` I I II III11 II, 1111 Sup - - -San(0) \ 1 W(D)-- HYPER DRIVE San(0) 090011- - - I--Sen(0) - MATCH EXIS➢NG870.48 / I MATCH EWSTING 87044 MATCH EXISTING i0C 870.3 I 1I,IF� I - 11111 )° III -// 11 I �1,1 II n 1111 ° �I IIII it Ii11 mull / / sl 1 I III .7 / __ I1i11 IIII - ��_____`_--_-_-�\�-- J - - - '�� -- - - 01 : _ 1 1� ...................................................... 868.68 q or 871.50 871.50 1871.50 ��)0 I 8(T 871.50 87150 I I 8�1.00 / I I I I I I I �II I_ I V I I I I I j/ I e�so I I I FFE : 871.50 1 I 1 a7I00 A, 1 I I 1 y 1 I I I o# 1871.29 I 1 871.21 I I 8I1.00 9, 2.0% 1�p 0S� 2.0% r ,`p: / I i�vy \\ ��T\\ ,I, f, MB �J m- I��41ar�4� /�WC J-V� �� lei 871Or��7$ st Aal te` 871.I_ _�i-�� . �� �' :I,- 4:- �.��.�1.;�WO, .�O 86,g �.^�.��.A! �� 870.1 ,� �ti��.A� 0 9% :.��.�! ^� (41.li "dr"0 • • •• Imo • I .�! 0.8% 4P, • • • • I` I I N • • • �I 1•I •=�► •I •I •I • I=� •I •I •I •I •I •L•I �I •I •I •I •At, •I •I 866 58 867 3° 8fi8-"1 871.00 870.84 (TOC) -869 / / / 870 870.75 (TOC) - )--- a1� W(D)- - - - �4V 0) gym- v_ F"F WID) WID) MATCH RISING 869.20- c MATCH EXISTING 870.13 MATCH IXISIING 86970 - - MATCH EXISTING 86916- .. r •1 869 MATCH RISING TOC 870.14 0-._ 870.44_S8g-MArCH EXISI1NGi0C 969.63 869.88 -�` ��/I (TOC�zu % (TOC) � ��I 866.36 LP� 0.5% 870.75 g7p (TOC) 870.09 h' I ('29 -867 (TOC) � I 8`710.gq II 2oi` \33 8fi8- es QQ���'�ii" s e , j % %o ra ra ,tee W(D W(0) �.J - Jw1D). W(0)-r W(D) W(D) W(D)L - - - WIG'> \ MATCH E%1STING 868.92 1 1 I I1871 S0 1 a67.77 a�868 al N MATCH EXISTING 868.45 - MATCH IXISPNG 868.71 868.50 / / 867.04 N MATCH EXISTING 86803 / / I 869.9I 869 98 868.03 / DESIGNED: ---- DATE. ---- MATCH EXISTING 868.58 MATCH EXISTING 868.55 Sp(U MATCH FASTING TOC 869.02 4.0:1 4.0:1 40' DRAINAGE EASEMENT / i t---S1SN)-!- S \ \ N • I 1 1 1 r- 1 I � 1 / / 1 1 1 /\ 1 / 1 1 I/ III III II I II l I I/ 1 III c= - - --------------- - ___= _ ==�--1111 1�1 ��_�-- -_\---- `_______ =-_===- ======== _- ��1111111\ I w I / \ \ I \ � � _ �-1tl�llllIl \\ N GENERAL GRADING NOTES 1. SLOPES SHALL NOT BE GREATER THAN 4:1 2. GRADE TO DRAIN AWAY FROM ALL BUILDINGS. 3. SIDEWALK CROSS SLOPES SHALL NOT EXCEED 2%. CONTRACTOR SHALL TARGET 1.5% CROSS SLOPE. 4. STRIP TOPSOIL TO A MINIMUM OF 8" & STOCKPILE AS PER PLAN. RESPREAD TOPSOIL AT LEAST 8" DEEP AS PER SPECIFICATIONS. LEGEND TOC TOP OF CURB HP HIGH POINT LP LOW POINT T/W TOP OF WALL B/W BOTTOM OF WALL 2.0% PROPOSED SLOPE PROPOSED DRAINAGE PATTERN FINISHED FLOOR ELEVATIONS FINISHED FLOOR = 871.50 EARTHWORK SUMMARY EARTHWORK CUT 5,892 CY FILL + 30% 6,643 CY BORROW 751 CY EARTHWORK SUMMARY TOPSOIL CUT 7,238 CY FILL + 30% 3816 CY WASTE 3422 CY GRAPHIC SCALE 40' 80' 120' NO. REVISION BY DATE NO. REVISION BY DATE Clapsaddle-Garber Associates, Inc 5106 Nordic Drive Cedar Falls, Iowa 50613 Ph 319-266-0258 www.cgaconsultanis.com DRAWN: ---- DATE- ---- CHECKED: ACD APPROVED: ACD DATE- ---- DATE- ---- HYPER DRIVE WAREHOUSE WATERLOO, IOWA OVERALL GRADING PLAN PROJECT NO. 23-DS-0051 SHEET N0. C 300 Page 342 of 435 E E wgs\5 Sheets \23-D BLACK HAWK COUNTY, CITY OF WATERLOO POLLUTION PREVENTION PLAN ALL CONTRACTORS/SUBCONTRACTORS SHALL CONDUCT THEIR OPERATIONS IN A MANNER THAT MINIMIZES EROSION AND PREVENTS SEDIMENTS FROM LEAVING THE SITE AS DESCRIBED BELOW. THE PRIME CONTRACTOR SHALL BE RESPONSIBLE FOR COMPLIANCE AND IMPLEMENTATION OF THE POLLUTION PREVENTION PLAN (PPP) FOR THEIR ENTIRE CONTRACT. THIS RESPONSIBILITY SHALL BE FURTHER SHARED WITH SUBCONTRACTORS WHOSE WORK IS A SOURCE OF POTENTIAL POLLUTION AS DEFINED IN THIS PPP. 1. SITE DESCRIPTION THIS POLLUTION PREVENTION PLAN (PPP) IS FOR THE HYPER DRIVE WAREHOUSE SITE IN WATERLOO, IOWA INCLUDING REMOVALS, GRADING, PAVING, UTILITIES & BUILDING ERECTION. THIS PPP COVERS APPROXIMATELY 6.94 ACRES WITH AN ESTIMATED 6.94 ACRES BEING DISTURBED. THE PORTION OF THE PPP COVERED BY THIS CONTRACT HAS 6.94 ACRES BEING DISTURBED. THE PPP IS LOCATED IN AN AREA OF WIOTA SILTY CLAY LOAM & SPARTA LOAMY FINE SAND SOIL ASSOCIATION. REFER TO THIS SHEET, AND THE GRADING SHEET FOR LOCATIONS OF TYPICAL SLOPES, DITCH GRADES, AND MAJOR STRUCTURAL AND NONSTRUCTURAL CONTROLS. A COPY OF THIS PLAN WILL BE ON FILE AT THE PROJECT ENGINEER'S OFFICE. 2. POTENTIAL SOURCES OF POLLUTION SITE SOURCES OF POLLUTION GENERATED AS A RESULT OF THIS WORK RELATE TO SILTS AND SEDIMENT WHICH MAY BE TRANSPORTED AS A RESULT OF A STORM EVENT. HOWEVER, THIS PPP PROVIDES CONVEYANCE FOR OTHER NON -PROJECT RUNOFF THAT IS BEYOND THE CONTROL OF THIS PPP. POTENTIALLY THIS RUNOFF CAN CONTAIN VARIOUS POLLUTANTS RELATED TO SITE -SPECIFIC LAND USES. EXAMPLES ARE: COMMERCIAL AND INDUSTRIAL ACTIVITIES - RUNOFF FROM COMMERCIAL, INDUSTRIAL, AND COMMERCE LAND USE MAY CONTAIN CONSTITUENTS ASSOCIATED WITH THE SPECIFIC OPERATION. SUCH OPERATIONS ARE SUBJECT TO POTENTIAL LEAKS AND SPILLS WHICH COULD BE COMMINGLED WITH RUNOFF FROM THE FACILITY. POLLUTANTS ASSOCIATED WITH COMMERCIAL AND INDUSTRIAL ACTIVITIES ARE NOT READILY AVAILABLE SINCE THEY ARE TYPICALLY PROPRIETARY. 3. CONTROLS PRIOR TO BEGINNING GRADING, EXCAVATION, OR CLEARING AND GRUBBING OPERATIONS. VEGETATION IN AREAS NOT NEEDED FOR CONSTRUCTION SHALL BE PRESERVED. AS AREAS REACH THEIR FINAL GRADE, ADDITIONAL SILT FENCES, SILT BASINS, COMPOST FILLED SOCKS, INTERCEPTING DITCHES, SOD FLUMES, LETDOWNS, BRIDGE EDGE DRAINS, AND EARTH DIKES SHALL BE INSTALLED AS SPECIFIED IN THE PLANS AND/OR AS REQUIRED BY THE PROJECT ENGINEER. THIS WILL INCLUDE USING SILT FENCE OR EQUIVALENT AS DITCH CHECKS AND TO PROTECT INTAKES. TEMPORARY STABILIZING MULCH SHALL BE COMPLETED AS THE DISTURBED AREAS ARE CONSTRUCTED. STABILIZATION OF DISTURBED AREAS MUST, AT A MINIMUM, BE INITIATED IMMEDIATELY WHENEVER CLEARING, GRADING, EXCAVATING OR OTHER EARTH DISTURBING ACTIVITIES HAVE PERMANENTLY CEASED ON ANY PORTION OF THE SITE OR TEMPORARILY CEASED ON ANY PORTION OF THE SITE AND WILL NOT RESUME FOR A PERIOD EXCEEDING 14 CALENDAR DAYS (0/14 DAY RULE). OTHER STABILIZING METHODS SHALL BE USED OUTSIDE THE SEEDING PERIOD. THIS WORK SHALL BE DONE IN ACCORDANCE WITH SECTION 9040 "EROSION CONTROL" OF THE URBAN STANDARD SPECIFICATION FOR PUBLIC IMPROVEMENT (SUDAS). AS THE WORK PROGRESSES, ADDITIONAL EROSION CONTROL ITEMS SUCH AS STRAW BALE BARRIER, SEDIMENT TRAPS, AND OTHER APPROPRIATE MEASURES SHALL BE INSTALLED BY THE PRIME OR SUBCONTRACTOR AS DETERMINED BY THE ENGINEER AFTER FIELD INVESTIGATION. THE CONSTRUCTION WILL BE COMPLETED WITH THE ESTABLISHMENT OF PERMANENT PERENNIAL VEGETATION OF ALL DISTURBED AREAS. 4. OTHER CONTROLS CONTRACTOR DISPOSAL OF UNUSED CONSTRUCTION MATERIALS AND CONSTRUCTION MATERIAL WASTES SHALL COMPLY WITH APPLICABLE STATE AND LOCAL WASTE DISPOSAL, SANITARY SEWER, OR SEPTIC SYSTEM REGULATIONS. IN THE EVENT OF A CONFLICT WITH OTHER GOVERNMENTAL LAWS, RULES AND REGULATIONS, THE MORE RESTRICTIVE LAWS, RULES OR REGULATIONS SHALL APPLY. 5. APPROVED STATE OR LOCAL PLANS DURING THE COURSE OF THIS CONSTRUCTION, IT IS POSSIBLE THAT SITUATIONS WILL ARISE WHERE UNKNOWN MATERIALS WILL BE ENCOUNTERED. WHEN SUCH SITUATIONS ARE ENCOUNTERED, THEY WILL BE HANDLED ACCORDING TO ALL FEDERAL, STATE AND LOCAL REGULATIONS IN EFFECT AT THE TIME. 6. MAINTENANCE THE CONTRACTOR IS REQUIRED TO MAINTAIN ALL TEMPORARY EROSION CONTROL MEASURES IN PROPER WORKING ORDER, INCLUDING CLEARING, REPAIRING, OR REPLACING THEM THROUGHOUT THE CONTRACT PERIOD. CLEANING OF SILT CONTROL DEVICES SHALL BEGIN WHEN THE FEATURES HAVE LOST 50% OF THEIR CAPACITY. 7. INSPECTIONS INSPECTIONS SHALL BE MADE JOINTLY BY THE CONTRACTOR AND THE CONTRACTING AUTHORITY EVERY SEVEN CALENDAR DAYS. THE CONTRACTOR SHALL IMMEDIATELY BEGIN CORRECTIVE ACTION ON ALL DEFICIENCIES FOUND. THE FINDINGS OF THIS INSPECTION SHALL BE RECORDED IN THE PROJECT DIARY. THIS PPP MAY BE REVISED BASED ON THE FINDINGS OF THE INSPECTION. THE CONTRACTOR SHALL IMPLEMENT ALL REVISIONS. ALL CORRECTIVE ACTIONS SHALL BE COMPLETED WITHIN 3 CALENDAR DAYS OF THE INSPECTION. 8. NON -STORM DISCHARGES THIS INCLUDES SUBSURFACE DRAINS (I.E. LONGITUDINAL AND STANDARD SUBDRAINS), SLOPE DRAINS AND BRIDGE END DRAINS. THE VELOCITY OF THE DISCHARGE FROM THESE FEATURES MAY BE CONTROLLED BY THE USE OF PATIO BLOCKS, CLASS A STONE OR EROSION STONE. 9. GENERAL NOTES A. THE ABOVE PLAN IS NOT THE COMPLETE STORM WATER PREVENTION PLAN (SWPPP), BUT RATHER A PART OF THE SWPPP THAT IS TO BE UPDATED REGULARLY BY THE CONTRACTOR. IT IS PRIME CONTRACTORS RESPONSIBILITY TO DEVELOP AND UPDATE THE SWPPP PLAN AS NEED AS WELL AS CONDUCT ANY NECESSARY INSPECTIONS IN ACCORDANCE WITH IOWA DNR AND EPA GUIDELINES. THE CONTRACTOR SHALL BE RESPONSIBLE FOR IDENTIFYING ANY DEFICIENCIES, CORRECTING THOSE DEFICIENCIES IMMEDIATELY AND DOCUMENTING SUCH WITH THE SWPPP. ALL EROSION CONTROL ITEMS EXCEPT THE TURF REINFORCEMENT MAT SHALL BE REMOVED AT THE END OF THE PROJECT. B. ALL STOCK PILES NOT INTENDED TO BE REDISTRIBUTED FOR A PERIOD EXCEEDING 14 CALENDAR DAYS (0/14 DAY RULE) MUST BE SEEDED OR OTHERWISE CONTROLLED WITH EROSION CONTROL FEATURES BY THE 14TH CALENDAR DAY (0/14 DAY RULE) AFTER STOCK PILING. STOCK PILE LOCATIONS SHALL BE APPROVED BY THE OWNER. C. THE GENERAL CONTRACTOR SHALL PROVIDE CONTAINMENT OF ALL SOURCES OF POTENTIAL POLLUTION INCLUDING FUELING AREA, PORTABLE SANITARY FACILITIES, WASTE DEPOSITORY AREAS (DUMPSTER LOCATIONS), AND OTHER POLLUTION SOURCES. ALL AREAS WHERE CONCRETE TRUCKS ARE WASHED OUT SHALL BE DEFINED AND CONTAINED ON SITE. CONCRETE WASHOUT AREA SHALL BE CLEARLY MARKED AND THE CONTRACTOR SHALL CLEAN OUT THIS AREA PRIOR TO FINALIZING THE PROJECT (INCIDENTAL). ALL EROSION CONTROL DEVICES MUST BE MAINTAINED AS STATED IN THE POLLUTION PREVENTION PLAN. D. CONTRACTOR SHALL TAKE PRECAUTIONS TO INSURE THAT EQUIPMENT, VEHICLES, AND PLANTING OPERATIONS DO NOT DISTURB OR DAMAGE EXISTING GRADES, WALLS, DRIVES, PAVEMENT, UTILITIES, PLANTS, LAWNS, IRRIGATION SYSTEMS, AND OTHER FACILITIES. REPAIR, REPLACE, AND/OR RETURN TO ORIGINAL CONDITION ANY DAMAGED ITEM, WITHOUT ADDITIONAL COMPENSATION. E. THE CONTRACTOR SHALL PREVENT ACCUMULATION OF EARTH, SILTATION, OR DEBRIS ON ADJOINING PUBLIC OR PRIVATE PROPERTY FROM THE PROJECT SITE. REMOVE ANY ACCUMULATION OF EARTH OR DEBRIS IMMEDIATELY AND TAKE REMEDIAL ACTIONS FOR PREVENTION. POLLUTION PREVENTION PLAN LEGEND: OA INSTALL SILT FENCE OR COMPOST FILLED SOCK - TO BE REMOVED AT THE END OF THE PROJECT. • INSTALL INLET PROTECTION - TO BE REMOVED AT THE END OF THE PROJECT. C. INSTALL CONCRETE WASH OUT AREA - TO BE REMOVED & RESTORED AT THE END OF THE PROJECT. Op INSTALL EXCELSIOR MATT O INSTALL STABILIZED CONSTRUCTION ENTRANCE. • PIPE OUTLET EROSION PROTECTION - INSTALL PER SUDAS 9040.110 CLASS E RIP -RAP • INSTALL COMPOST TUBE SOCK - TO BE REMOVED AT END OF PROJECT - INSTALL PER SUDAS 9040.102 O O INSTALL DITCH CHECKS PRIOR TO GRADING UNTIL THE REST OF PROTECTION CAN BE INSTALLED Sop) �D)� HYPER DR. San I) AAAA AAAA' DESIGNED: ---- Of® Ov W(0) 7 N N 7 W(D) 7 7 W(D)— — GRAPHIC SCALE 50' 100' 150' NO. REVISION DITCH CHECKS BY RRH DATE 05-18-23 N0. REVISION BY DATE Clapsaddle-Garber Associates, Inc 5106 Nordic Drive Cedar Falls, Iowa 50613 Ph 319-266-0258 www.cgaconsultanis.com DRAWN: ---- CHECKED: ACD APPROVED: ACD DATE. ---- DATEE ---- DATEE ---- DATE- ---- HYPER DRIVE WAREHOUSE WATERLOO, IOWA STORM WATER PREVENTION AND POLLUTION PLAN PROJECT NO. 23-DS-0051 SHEET NO. C.310 Page 343 of 435 wgs\5 Sheets \23-D W(D) W(D)— — —L —WO n(D) San(D) S nm) S nm) AR (1) 5 s vor i fpw >SR(1) SR ( ) W)D) W(D) Wm)— — — — L W(D)— AC (1) an(D) PROPOSED BUILDING W(D AR (1) r AC (1) 7 I I I I I I I I I I I I I I I I I I I I I I I I I I I Wm) AR (1) W(D) W(D)— — • — — 4D) DESIGNED: ---- DATE. ---- W(D) W)D) — r — — —San(D) ms(4— t — — — 51s(u) W(D)— N W)D)L PLANT SCHEDULE KEY BOTANICAL NAME COMMON NAME QTY. SIZE Deciduous Overstory Trees AR Acer rubrum Red Maple 5 1" Container or 2" BB Evergreen Trees AC Abies concolor Concolor Fir 3 4' B&B Ornamental Trees SR Syringa reticula Ivory Silk' Ivory Silk Japanese Tree Lilac 4 1.5" BB LANDSCAPE NOTES: 1. PLANT QUANTITIES ARE FOR INFORMATION ONLY; DRAWING SHALL PREVAIL IF CONFLICT OCCURS. CONTRACTOR IS RESPONSIBLE FOR CALCULATING OWN QUANTITIES AND BASING BID ACCORDINGLY. 2. CONTRACTOR SHALL PLACE SHREDDED HARDWOOD BARK MULCH AROUND ALL TREES AND IN ALL PLANTING BEDS TO A DEPTH OF 3". WALNUT PRODUCTS ARE PROHIBITED. 3. KIND, SIZE AND QUALITY OF PLANT MATERIAL SHALL CONFORM TO AMERICAN STANDARD FOR NURSERY STOCK, ANSI 260-2004, OR MOST RECENT EDITION. 4. THE CONTRACTOR SHALL REPORT SUBSURFACE SOIL OR DRAINAGE PROBLEMS TO THE ENGINEER. 5. THE CONTRACTOR SHALL SHOW PROOF OF PROCUREMENT, SOURCES, QUANTITIES AND VARIETIES FOR ALL SHRUBS, PERENNIALS, ORNAMENTAL GRASSES WITHIN 21 DAYS FOLLOWING THE AWARD OF CONTRACT. TIMELY PROCUREMENT OF ALL PLANT MATERIAL IS ESSENTIAL TO THE SUCCESSFUL COMPLETION AND INITIAL ACCEPTANCE OF THE PROJECT. 6. SUBSTITUTIONS SHALL ONLY BE ALLOWED WHEN THE CONTRACTOR HAS EXHAUSTED ALL SOURCES FOR THE SPECIFIED MATERIAL, AND HAS PROVEN THAT THE SPECIFIED MATERIAL IS NOT AVAILABLE. THE CONTRACTOR MUST PROVIDE NAME AND VARIETY OF SUBSTITUTION TO THE ENGINEER FOR APPROVAL PRIOR TO TAGGING OR PLANTING. SUBSTITUTIONS SHALL BE NEAREST EQUIVALENT SIZE OF VARIETY OF PLANT HAVING SAME ESSENTIAL CHARACTERISTICS. 7. ALL PLANT MATERIAL SHALL BE NURSERY GROWN, SOUND, HEALTHY, VIGOROUS AND FREE FROM INSECTS, DISEASE AND INJURIES, WITH HABIT OF GROWTH THAT IS NORMAL FOR THE SPECIES. SIZES SHALL BE EQUAL TO OR EXCEEDING SIZES INDICATED ON THE PLANT SCHEDULE. THE CONTRACTOR SHALL SUPPLY PLANTS IN QUANTITY AS SHOWN ON DRAWINGS. 8. TAKE OR PLACE ALL PLANTS IN FIELD AS INDICATED ON THE DRAWINGS OR AS DIRECTED BY THE ENGINEER FOR APPROVAL BY THE OWNER PRIOR TO PLANTING. 9. ALL DISTURBED AREAS NOT OTHERWISE COVERED BY BUILDING, PAVEMENT, AND LANDSCAPE BEDS SHALL BE SODDED WITH TYPE 1 LAWN MIXTURE AS APPROVED BY THE OWNER. GRAPHIC SCALE 0 40' 80' 120' NO. REVISION BY DATE NO. REVISION BY DATE Clapsaddle-Garber Associates, Inc 5106 Nordic Drive Cedar Falls, Iowa 50613 Ph 319-266-0256 www.cgaconsultanis.com DRAWN: ---- DATE. ---- CHECKED: ACD DATE- ---- APPROVED: ACD DATE- ---- HYPER DRIVE WAREHOUSE WATERLOO, IOWA LANDSCAPING PLAN PROJECT NO. 23-DS-0051 SHEET NO. C 400 Page 344 of 435 wgs\5 Sheets \23-D SLOPE AS PER PLANS SLOPE AS PER PLANS E PERSLOPPLANASS �— 1 7-2" N ANY 5'011 TRANSITION UR CURB RUNOUT FOR ALL O CURB CURBS 6" PCC a ° a , o° 4" PCC PAVEMENT 4" GRANULAR SURFACE (IOWA DOT 4120.04) PAVEMENT o- o� w . _ i _� R•-or or ,--� 6" GRANULAR SUBBASE -o o O�C i _ . . .C' • •- 4" GRANULAR SUBBASE .o �o �o �o- • • • • y (MINIMUM) 4 q1„ 2 R 3 o. o.�..' =��.11� 8" OF 3" ROAD STONE FORM ER PLANS (MINIMUM) (MINIMUM) TOP 12" OF SUBGRADE SHALL BE COMPACTED TO 95% STANDARD PROCTOR DENSITY (SPD) 2.0' BEYOND TOP 12" OF SUBGRADE SHALL BE COMPACTED TO 95% STANDARD PROCTOR DENSITY (SPD) 2.0' BEYOND (MINIMUM) GRADE ELEV. , 1pr ENGINEERING FABRIC COMPLYING WITH IDOT 4196.01, B.3. 3" R TOP 12" OF SUBGRADE SHALL BE COMPACTED TO 95% STANDARD PROCTOR EDGE OF PAVEMENT EDGE OF PAVEMENT 6" PCC PAVEMENT SECTION 4" PCC SIDEWALK PAVEMENT SECTION 12" AGGREGATE DENSITY (SPD) 2.0' BEYOND EDGE OF PAVEMENT SECTION W/ FABRIC 6" STANDARD INTERGAL PCC CURB & GUTTER 03 O 05 01 02 SUDAS REFERENCED DETAILS FIGURE NAME NUMBER CURB 3010.101 TRENCH BEDDING & BACKFILL ZONES 3010.102 RIGID GRAVITY PIPE TRENCH BEDDING 4" (TYP) 3010.103 FLEXIBLE GRAVITY PIPE TRENCH BEDDING 3010.104 PRESSURE PIPE TRENCH BEDDING SAW EXISTING PAVEMENT ,- ROADWAY PAVEMENT 4010.201 SANITARY SEWER SERVICE STUB PARKING STALLS FULL DEPTH AND REMOVE 4030.221 PCR APRON SECTION FOOTING 4" (BORDER OPTIONAL) SEE WHEELCHAIR 4" (TYPICAL) 1 2 O 4040.231 SUBDRAINS SYMBOL 4040.232 SUBDRAIN CLEANOUTS L 7010.101 JOINTS RT' JOINT ®SIDEWALK T 7010.102 PCC CURB DETAILS BACK OF CURB 7030.102 CONCRETE DRIVEWAY, TYPE B I DRIVEWAY 7030.201 CLASSES OF SIDEWALK 18 12 BT-3 JOINT 7030.204 GENERAL FEATURES OF AN ACCESSIBLE SIDEWALK NOTES: BT-3' JOINT T+1 MIN 7030.207 CURB RAMP FOR CLASS B OR C SIDEWALK 1. PAVEMENT MARKINGS " (STRIPING) SHALL BE MADE 9040.102 FILTER BERM & FILTER SOCK SECTION A -A DETAIL B 9040.110 RIP RAP FOR PIPE OUTLET ONTO FLAT GROUND ! - WITH ANPERMANEENTNTAFFITAAPE.PE. OR 9040.119 SILT FENCE SEE SEE SEE 9040.120 STABILIZED CONSTRUCTION ENTRANCE PLANS PLANS PLANS FOR WIDTH FOR WIDTH FOR WIDTH 1' -H SIGN FACE - BLUE LENGTH CALCUTIONS 'B' JOINT 0a 1 E' JOINT AS CI CROSS SLOPE AT SIDEWALK SHALL NOT EXCEED 1.5' HAND C PPED PArtIG FEOUIo� "MIT H.C. SYMBOL & LETTERING 8'x 20' OR 10' x 18' ACCESS ISLE = 160' OF 4" STRIPING PER STATE OF IOWA REQUIREMENTS. WHITE 5' x 20' ACCESS ISLE = 108' OF 4" STRIPING REFLECTIVE VINYL co'.P5' x 18' ACCESS ISLE = 114' OF 4" STRIPING 9' x 20' ACCESS ISLE = 184' OF 4" STRIPING 4 STRIPE - WHITE 12' x 36' PAINTED PAVEMENT MARKING = 373' OF 4" STRIPING NSTALL R7-8 WHERE INDICATED 4" WHITE BORDER SPECIFIED Q 2%. TRANSITION THE CURB HEIGHT TO 0 INCHES AT C' JOINT END OF TAPER/RADIUS OR AT THE FRONT EDGE OF SIDEWALK. DO NOT EXTEND RAISED CURB ACROSS SIDEWALK. ��C�G tp ® PAVEMENT THICKNESS = 6" 5' TO PARKING i 0?5' i ACC o So IBLE INDICATED R7-8a INSTALL SIGN WHERE 1 Oe REFER TO 11 GJ�� =OXOUT ® SIDEWALK THICKNESS THROUGH DRIVEWAY TO ®R MATCH THICKNESS OF DRIVEWAY. SURFACE 8'-0" STEEL POST e I DETAIL B BACK OF CURB ® IF LONGITUDINAL JOINT IS LOCATED 48 INCHES OR LESS FROM THE BACK OF CURB, EXTEND it 39 4" WIDE PAINTED BARS BOXOUT TO JOINT LINE. FULL DEPTH SAW CUT IS STILL REQUIRED. 3.0' 1 An z " CRUSHED STONE (TRAFFIC PAINT) / \ DRIVEWAY RADIUS (R) AS SPECIFIED IN THE CONSTRUCTION DOCUMENTS - 34'' H SIGNAGE 1 PAVEMENT MARKING SYMBOL OF ACCESSIBILITY PARKING SPACE MARKING CONCRETE DRIVEWAY, TYPE B WITH RADII CIINTERNATIONAL 07 NO. REVISION BY DATE NO. REVISION BY DATE Cr1 ,f. 8EasMain Street Associates, Inc �V—LL]1 DESIGNED:W---- DATE ---- HYPER DRIVE WAREHOUSE WATET' OO IOWA TYPICAL DETAILS PROJECT NO. 23-DS-0051 DRAWN: DATE ---- CHECKED: ACD DATE- ---- SHEET NO. c.5oo Marshalltown, Iowa 50158 Ph 841-752-6701 www.cgaconsultanta.com APPROVED, ACD DATE- ---- Page 345 of 435 wgs\5 Sheets \23-D DRAIN TO TRENCH DRAIN #4 BARS SHALL EXTEND 12" INTO ADJACENT PAVEMENT DRAIN TO 26" 4„ TRENCH DRAIN 6" HDPE OUTLET AT 0.5% SLOPE (EAST) A -A CROSS SECTION VIEW #4 REBAR AT 24" O.C. #4 REBAR AT 6" PCC 12" O.C. FLOOR TOP OF TRENCH DRAIN DRAIN ELEV: 867.47 VERTICAL WALLS #4 BARS @ 1' O.C. BOTTOM OF TRENCH DRAIN ELEV: 866.47 • 2 - #4 LONGITUDINAL BARS TO TIE ALL TRANSVERSE BARS TOGETHER IN FLOOR & WALLS 60' TRENCH DRAIN USE R-4999-HX, TYPE C NEENAH GRATE OR APPROVED EQUAL FLOOR OF DRAIN #4 BARS @ 2' O.C. z— SLOPE FLOOR AT MIN. 1% TOWARDS OUTLET #4 LONGITUDINAL BARS TO TIE ALL TRANSVERSE BARS TOGETHER IN FLOOR & WALLS 01 LOADING DOCK TRENCH DRAIN DETAIL 6" MIN. PCC FLOOR • • TOP OF TRENCH DRAIN DRAIN ELEV: 867.47 6" MIN. PCC WALL 6" HDPE OUTLET - z AT 0.5% SLOPE BOTTOM OF TRENCH DRAIN & FLOWLINE OF PIPE ELEV: 865.53 NOTES: 1. ALL STEEL SHALL BE MINIMUM OF 2" FROM EDGE OF CONCRETE. 2. ALL REINFORCEMENT SHALL BE TIED TOGETHER AND ON CHAIRS OFF SUBBASE. 3. SUBBASE NOT SHOWN FOR CLARITY, MINIMUM OF 6" GRANULAR SUBBASE SHALL BE USED UNDER DRAIN FLOOR. 4. DRAIN FLOOR SHALL BE TROWLED SMOOTH AND SHAPED AROUND INVERT OF PIPE TO ENSURE DRAINAGE OUT. 5. FLOOR AND WALLS OF DRAIN SHALL BE POURED INTEGRALLY AS A SINGLE PCC POUR. 6" HDPE (EAST) 34" 26" B-B SECTION SIDE WALL VIEW SW-602 TYPE E CASTING ADJUSTMENT RINGS TOP 8" 4t2 WALL 4w3 WALL HEIGHT 8" MIN BASE 4'-6" 4b2 24" LONG WALL 6'-0" 7' 0" TYPICAL SECTION 24" SW-603 TYPE S GRATE 4b1 4t1 REFER TO DETAIL A FOR BOXOUT DETAILS. 10 INSTALL FOUR #4 DIAGONAL BARS AT MANHOLE OPENING AND AT ALL PIPE OPENINGS. (9 CAST -IN -PLACE BASE SHOWN. IF BASE IS PRECAST INTEGRAL TO EXWALLS, END BEYOND THE OUTER EDGE OF THE NOT WALLS. ©3 12 INCH MINIMUM WALL HEIGHT ABOVE ALL PIPES. FORM GRADE ADJUSTMENT RINGS 4t1 OPTIONAL CONSTRUCTION JOINT (TYP.) 12" MIN DEPTH (6'-6" MAX) DIAGONAL BAR (TYP.) 8" MIN CLASS I BEDDING MATERIAL LOWEST FLOWLINE 4' DIAGONAL BAR (TYP ) qi SHORT 3 WALL 0 4t2III �I iIE14t1 li I1111 � pi � II_ --2 -iLL� . ---- dam LONG WALL 6'-0" 7' 0" PLAN REINFORCING BAR LIST Mark Size Location Shape Count Length Spacing 12" 4t1 4 Top 14 3'-8" 4t2 4 Top 8 4'-2" 12" 4b1 4 Base 7 4'-2" 13" 4b2 4 Base 5 7'-2" 10" 4w1 4 Short Walls Varies 3'-8" 12" 4w2 4 Long Walls Varies 6'-8" 12" 4w3 4 Walls 18 Wall Height minus 4" 13" PCC PAVEMENT MAXIMUM PIPE DIAMETERS Pipe Precast Cast -in -place Location Structure Structure Short Wall 24" 30" Long Wall 30" 36" 02 MODIFIED SW-503 WITH SW-603 TYPE S SINGLE GRATE INTAKE WITH MANHOLE DESIGNED: ---- DETAIL A PCC PAVEMENT Construct boxout with Class C concrete or match pavement class. Minimum 2 inches clear on reinforcement. Center casting within boxout area. O 'KT-1', 'KT-2', 'BT-1', or'BT-2' joint if three-piece floating casting (SW 601 Type B and D or SW-602 Type F) is used. 'E' joint if two-piece fixed casting (SW 601 Type A and C or SW-602 Type E) is used. ® 4 foot 8 inch (typ.) #4 bar. Place at mid -slab. ® #4 hoops (variable length). Place at mid -slab. ® No boxout is required for three-piece floating castings (SW 601 Type B and D or SW-602 Type F). If a boxout is provided for a three-piece casting, construct as detailed in Section A -A for three-piece floating casting. NO. REVISION BY DATE NO. REVISION BY DATE Clapsaddle-Garber Associates, Inc 18 East Main Street Marshalltown, Iowa 50158 Ph 641-752-6701 www.cgaconsultanis.com DRAWN: ---- CHECKED: ACD APPROVED: ACD DATE- ---- DATEE ---- DATE- ---- HYPER DRIVE WAREHOUSE WATERLOO, IOWA TYPICAL DETAILS PROJECT NO. 23-DS-0051 SHEET NO. C 501 Page 346 of 435 wgs\5 Sheets \23-D SEE PLANS FOR SPACING VARIABLE (20' FOR A NORMAL 10' WIDE DITCH.) FABRIC FORFS�Op POST SPACING POST SPACING OR _ 0.0". F •ii♦� i...1•43L••• (5'-0" MAX.) (5'-0" MAX.) 4• ���...� '� . _FLOW 0 INSERT 12 IN. OF FABRIC A MINIMUM OF 6 IN. DEEP (FABRIC MAY BE FOLDED BELOW THE GROUND LINE) O1% ��•�04•�00 i1. ® 0 i��1��i'• :4 .V .� c ♦�TJ`i6 • _ �2 COMPACT GROUND BY DRIVING ALONG EACH SIDE OF ..�.��.�•...�'�.�'•♦�•.��..ii�• �j1181 > 0 THE SILT FENCE AS REQUIRED TO SUFFICIENTLY ����.�'•.�.:♦•:♦..' ••��•�•'�� **�. �4• • ♦♦♦♦`�:!�I000000000♦O�Oi ......... ��„ ,���'�'�'�'�'�•' -- ♦♦♦♦�•••♦♦♦♦♦i ♦�� v�♦��.., • ®��®��������������� •00000000♦♦00•♦ �iiiiiii�♦�♦�♦O�Op of iai ��■°�_l��► �! p. 1 T STEEL FENCE POST �r,7,7 '/? © p �J GROUND LINE SECURE THE FABRIC IN THE TRENCH TO PREVENT I PULLOUT AND FLOW UNDER THE FENCE. ® IN DITCHES, EXTEND SILT FENCE UP SIDE SLOPE SO 4'-0" MINIMUM �• THE BOTTOM ELEVATION AT THE END OF THE FENCE IS i— A MINIMUM OF 2 IN. HIGHER THAN THE TOP OF THE GENERAL NOTES: INSTALL SILT FENCE ACCORDING TO THE TYPICAL SILT FENCE DITCH CHECK REQUIREMENTS OF SECTION 311000 AND AT O FENCE IN THE LOW POINT OF THE DITCH. I ® ® STEEL POSTS TO BE EMBEDDED 20 IN. UNLESS TYPICAL SILT FENCE INSTALLATION ON LONGITUDINAL SLOPES OTHERWISE ALLOWED BY THE JURISDICTIONAL LOCATIONS SHOWN IN THE CONTRACT ENGINEER. DOCUMENTS OR AS DIRECTED BY THE (Profile View) JURISDICTIONAL ENGINEER. ® SECURE TOP OF ENGINEERING FABRIC TO STEEL POSTS INSTALL PARALLEL TO INSTALL "J-HOOK" AT EACH END OF AN USING WIRE OR PLASTIC TIES (50 LB. MIN.). SEE GROUND CONTOUR INDIVIDUAL SECTION OF SILT FENCE DETAILS OF "ATTACHMENT TO POSTS." I� GROUND FABRI LINE 8'-0"SPACING* O 910 ���- .V�♦;41 WIRE OR I`- �♦ ..� �!��f CABLE TIES 908 �fi♦"♦� sue♦ ♦♦♦♦♦♦♦ ♦♦♦♦♦♦ ♦♦...♦" ♦♦•' � ♦fr♦j - 904 ► t-, I♦♦♦ • I� i0♦ ►♦♦♦♦♦, ! rii ♦ii► ♦JO♦i♦iiii•V ii♦ii♦0♦iii�,• ♦iiiiiiiiiiiiiiiiiiiiiiii♦♦♦,9♦♦• ♦♦♦♦♦♦♦♦♦♦ '♦♦♦♦♦ 902 , r,_ , ♦�i� ® DETAILS OF SILT FENCE ON LONGITUDINAL SLOPES 200' MAX. LENGTH PER SECTION ATTACHMENT TO POST * REDUCE POST SPACING TO 5'-0" AT WATER (600' IF SLOPE IS FLATTER THAN 5%) CONCENTRATION AREAS, OR AS REQUIRED TO TYPICAL SILT FENCE INSTALLATION ON LONGITUDINAL SLOPES POST ADEQUATELY SUPPORT FENCE SILT FENCE 01 Compact trench spoil against uphill side of sock. 9" (nominal) dia. \ or as specified. \ \ 2-4" Trench -,,/ II / '/ r✓ 7i� �� �% II ` \ 3A Space as specified in the contract documents. \ \ • eII:I%I? �II,�� • I '"'''11I Joint Wrap Turn uphill. \ \ ■ Stakes Disturbed Area U� 0 Entrance length: 50 foot minimum (30 foot for single family n oas specified in the speresidential),cified contract documents. Length of entrance may be increased if sediment track -out ,�Ro� occurs. ®6b,0h Thickness as specified (6" min.). p20 STABILIZED CONSTRUCTION ENTRANCE 03 OE\O� Wattle O``¢`o� ♦ Area to be Protected ■ ■ COMPOST FILLED SOCK 02 NO. REVISION BY DATE NO. REVISION BY DATE ,f• Associates, Inc Nodic DESIGNED:W:----- DATE ---- HYPER DRIVE WAREHOUSE WATERLOO, IOWA TYPICAL DETAILS PROJECT NO. 23-DS-0051 DRAWN: ---- DATE ---- �r1 �V—LL]� 5106 Drive CHECKED: ACD DATP ---- SHEET NO. c.5o2 Cedar Falls, Iowa 50613 Ph 319-266-0258 www.cgaconsullanla.com APPROVED: ACD DATE ---- Page 347 of 435 DRAWING INDEX DRAWING RELEASE HISTORY GENERAL NOTES MATERIALS ASTM DESIGNATION 3 PLATE WELDED SECTIONS A529, A572, A1011, A1018 GRADE 55 COLD FORMED LIGHT GAGE SHAPES A653, A1011 GRADE 60 BRACE RODS A572, A510 GRADE 50 HOT ROLLED MILL SHAPES A36, A529, A572, A588, A992 GRADE 36 OR 50 HOT ROLLED ANGLES A529, A572, A588, A992 GRADE 50 HOLLOW STRUCTURAL SECTION (HSS) A500 GRADE B CLADDING A653, A792 GRADE 50 OR GRADE 80 HIGH STRENGTH BOLT TIGHTENING REQUIREMENTS IT IS THE RESPONSIBILITY OF THE ERECTOR TO ENSURE PROPER BOLT TIGHTNESS IN ACCORDANCE WITH APPLICABLE REGULATIONS. SEE RCSC SPECIFICATION FOR STRUCTURAL JOINTS USING HIGH STRENGTH BOLTS FOR MORE INFORMATION. SEE ERECTION GUIDE FOR BOLT TIGHTENING INSTRUCTIONS. THE FOLLOWING CRITERIA MAY BE USED TO DETERMINE THE BOLT TIGHTNESS (I.E.-SNUG TIGHT OR PRE -TENSION) UNLESS REQUIRED OTHERWISE BY LOCAL JURISDICTION OR CONTRACT. ALL A490 BOLTS SHALL BE "PRE -TENSIONED". A325 BOLTS IN PRIMARY FRAMING AND BRACING CONNECTIONS MAY BE "SNUG -TIGHT" EXCEPT AS FOLLOWS; PRE -TENSION A325 BOLTS IF BUILDING SUPPORTS A CRANE GREATER THAN 5 TON CAPACITY. PRE -TENSION A325 BOLTS IF BUILDING SUPPORTS MACHINERY THAT CREATES VIBRATION, IMPACT, OR STRESS REVERSALS ON CONNECTIONS. PRE -TENSION A325 BOLTS IF LOCATED IN HIGH SEISMIC AREAS. FOR IBC BASED CODES; HIGH SEISMIC IS DESIGN CATEGORY D, E OR F. SEE CODES AND LOADS SECTION BELOW FOR DETAILS. PRE -TENSION ANY CONNECTION WITH DESIGNATION A325-SC. SLIP CRITICAL (SC) CONNECTIONS MUST BE FREE OF PAINT, OIL OR OTHER MATERIALS THAT REDUCE FRICTION AT CONTACT SURFACES. GALVANIZED OR LIGHTLY RUSTED SURFACES ARE ACCEPTABLE. IN CANADA, ALL A325 AND A490 BOLTS SHALL BE "PRE -TENSIONED", EXCEPT FOR SECONDARY MEMBERS AND FLANGE BRACES. SECONDARY MEMBERS AND FLANGE BRACE CONNECTIONS ARE ALWAYS "SNUG TIGHT", UNLESS INDICATED OTHERWISE IN ERECTION DRAWING DETAILS. INSPECTION AND TESTING SPECIAL INSPECTIONS AND TESTING REQUIRED BY AUTHORITY HAVING JURISDICTION (AHJ) DURING CONSTRUCTION AND/OR STEEL FABRICATION IS THE RESPONSIBILITY OF THE OWNER OR OWNERS AUTHORIZED AGENT. WHEN REQUIRED, THE OWNER SHALL EMPLOY A QUALITY ASSURANCE AGENCY (QM) APPROVED BY THE AHJ. THE BUILDER IS RESPONSIBLE TO COORDINATE BETWEEN THE QAA FIRM AND BBNA FABRICATION FACILITIES. THE TYPE AND EXTENT OF SPECIAL INSPECTIONS AND NDT WELD TESTING MUST BE SPECIFICALLY STIPULATED IN CONTRACT DOCUMENTS OR BBNA WILL ASSUME SPECIAL INSPECTIONS AND/OR NDT TESTING ARE WAIVED AS PERMITTED BY THE BUILDING CODE BASED ON BBNA FACILITIES IAS AC472 ACCREDITATION. DRAWING TITLE PAGES TYPE DATE DESCRIPTION COVER SHEET CODES AND LOADS BUTLER NOTES ANCHOR ROD PLAN ® PRIMARY STRUCTURAL Butler Manufacturing SECONDARY STRUCTURAL a division of BlueScope Buildings North America Inc COVERING SPECIAL DRAWINGS STANDARD ERECTION DETAILS PLANOGRAPH DETAILS IIIIIIIIIIII\, III� \, \\ II II I II II II II II \` IIIIIIIII THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. 6 BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 COVER SHEET BUILDER. Hauptly Construction Inc. JOB'', THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER: DATE: su%%eR 2/6/2023 LOCATION: Waterloo, Iowa o DRAWN/CHECK: PROJECT: Fischels West Parker Building Butler Manufacturing/ BUILDER'S PON: PAGE: VPC VERSION: ADVNXT 5.7 VPC FILENAME: adv1222012286 21612023 18:14,6 division of BlueScope Buildings North America Inc. Page 348 of 435 Codes and Loads WHEN MULTIPLE BUILDINGS ARE INVOLVED, SPECIFIC LOAD FACTORS FOR DIFFERING OCCUPANCIES, BUILDING DIMENSIONS, HEIGHTS, FRAMING SYSTEMS, ROOF SLOPES, ETC., MAY RESULT IN DIFFERENT LOAD APPLICATION FACTORS THAN INDICATED BELOW. SEE CALCULATIONS FOR FURTHER DETAILS. WIND LOADS ARE APPLIED TO OVERALL BUILDING ENVELOPE. COMMON WALLS BETWEEN CONNECTED SHAPES ARE NOT SUBJECT TO EXTERNAL WIND LOADS. City: Waterloo County: Black Hawk State: Iowa Building Code Building Code: 2021 International Building Code Building Risk/Occupancy Category: II (Standard Occupancy Structure) Dead and Collateral Loads Collateral Gravity:5.00 psf Collateral Uplift: 0.00 psf Wind Load Wind Speed: Vult: 115.00 (Vasd: 89.08) mph The 'Envelope Procedure' is Used Primaries Wind Exposure: C - Kz: 0.956 Parts Wind Exposure Factor: 0.956 Wind Enclosure: Enclosed Topographic Factor: Kzt: 1.0000 Ground Elevation Factor: Ke: 0.9644 NOT Windborne Debris Region Base Elevation: 0/0/0 Site Elevation: 1000.0 ft Primary Zone Strip Width: 2a: 21/1/3 Parts / Portions Zone Strip Width: Walls, a: 10/6/10 Roof(s), 0.6h: 15/9/14 Velocity Pressure: qz: 26.53, (C&C) 26.53 psf Structural: 16AISC - ASD Cold Form: 16AIS2 - ASD Material Dead Weight Roof Covering + Second. Dead Load: 2.36 psf Frame Weight (assumed for seismic):2.50 psf Snow Load Ground Snow Load: pg: 30.00 psf Flat Roof Snow: pf: 21.00 psf Design Snow (Sloped): ps: 21.00 psf Rain Surcharge: 0.00 Specified Minimum Roof Snow: 20.00 psf (Code) Exposure Factor: 2 Partially Exposed - Ce: 1.00 Snow Importance: Is: 1.000 Thermal Factor: Heated - Ct: 1.00 Ground / Roof Conversion: 0.70 Obstructed or Not Slippery Country: United States Rainfall: I: 1.00 inches per hour f'c: 3000.00 psi Concrete Roof Live Load Roof Live Load: 20.00 psf Reducible Seismic Load Lateral Force Resisting Systems using Equivalent Force Procedure Mapped MCE Acceleration: Ss: 5.70 %g Mapped MCE Acceleration: S1: 4.70 %g Site Class: Stiff soil (D) Seismic Importance: Ie: 1.000 Design Acceleration Parameter: Sds: 0.0380 Design Acceleration Parameter: Shc: 0.0313 Seismic Design Category: A Seismic Snow Load: 0.00 psf % Snow Used in Seismic: 0.00 Diaphragm Condition: Flexible Fundamental Period Height Used: 27/7/8 Transverse Direction Parameters System NOT detailed for Seismic Redundancy Factor: Rho: 1.00 Fundamental Period: Ta: 0.3983 R-Factor: 3.00 Overstrength Factor: Omega: 2.50 Deflection Amplification Factor: Cd: 3.00 Base Shear: V: 0.0100 x W Longitudinal Direction Parameters System NOT detailed for Seismic Redundancy Factor: Rho: 1.00 Fundamental Period: Ta: 0.2410 R-Factor: 3.00 Overstrength Factor: Omega: 2.50 Deflection Amplification Factor: Cd: 3.00 Base Shear: V: 0.0100 x W THE BUTLER MFG. ENGINEERS SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEERS SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 CODES AND LOADS REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE NTS BUILDER FIOIX CDUTLER) Butler Manufacturing vac VERSION. ADVNXT 5.7 JOB K'. DATE 2/6/2023 DRAWN/CHECK: PAGE: VPC FILENAME'. ativ1222012280 2/6/2023 18:15:01 a tll Nion of BaJeSwpe 6.ings North America Ino. Page 349 of 435 BUILDER/CONTRACTOR RESPONSIBILITIES Butler Mfg. follows the guidelines as outlined in the AISC and MBMA Codes of Standard Practice. Butler Mfg. standard product specifications, design, fabrication, quality criteria shall govern all work unless stipulated otherwise in the contract documents. In case of discrepancies between Butler Mfg. structural plans and plans for other trades, Butler Mfg. structural plans shall govern. It is the responsibility of the Builder to obtain approvals and permits from all governing agencies and jurisdictions as required. Approval of Butler Mfg drawings constitutes the builders acceptance of Butler interpretation of the contract purchase order. Unless specific design criteria concerning interface design and details are furnished as part of the contract, Butler Mfg. design assumptions shall govern. Butler engineers are not Project Engineers or Engineer of Record for the overall project. Butler engineering supply sealed engineering design data and drawings for Butler supplied material as part of the overall project for use by others to obtain permits, approvals, and coordinate with other trades. All interface and/or compatibility of any materials not fumished by Butler are to be considered and coordinated by the builder or A/E firm. CONSTRUCTION & ERECTION RESPONSIBILITY The Builder is responsible for construction in strict accordance with Butler Mfg. "FOR CONSTRUCTION" drawings and all applicable product installation guides. Butler is not responsible for work done from any other Butler drawings that are not marked "FOR CONSTRUCTION", nor any drawings prepared by others. As erected field assemblies of members shall be as specified in MBMA Code of Standard Practice (in Canada — CSA S16), which require L/500 tolerance of installed members. Occasional field work including shimming, cutting, coping, and drilling for final fit —up are considered part of erection. Specified field work and field welding conditions indicated on these drawings shall also be included in the erectors scope of work. See Erection Guide for shimming procedure. For building with top riding bridge cranes see Crane Data drawing for column plumb tolerance. The building erector shall be properly licensed and experienced in erecting metal building systems. The Builder is responsible for having knowledge of, and shall comply with, all OSHA requirements and all other governing site safety criteria. The builder is responsible for designing, supplying, locating and installing temporary supports and bracing during erection of the building. Butler bracing is designed for code required loads after building completion and shall not be considered as adequate erection bracing. See Erection Guide. Shimming of steel buildings during erection may be required to accomodate allowable tolerances during fabrication and erection. Special care should be taken by the building erector to shim connections where key dimensions must be maintained for building performance as even small tolerances can have a significant impact on critical dimensions such as height, clearances and plumbness, especially as the size of the member or building increases. Conditions where shimming should be expected can include but are not limited to large door openings, critical clear height requirements, cranes, buildings greater than 45 feet in height, clear spans greater than 125 feet and adjacent frames with different characteristics (like clear span frames adjacent to an endwall or modular frame). Shims are normally provided by the erector, but may be ordered upon request by contacting your Project Manager. EXISTING STRUCTURES Butler must be advised of any structure that is within 20 ft. of Butler's building. Load effects from snow drifting, wind effects, and seismic separation must be considered for both the new and existing structures. Butler has designed the new Butler building for these effects. The owner/builder are responsible for employing a Professional Engineer to review and verify the existing structure for all load effects from the adjacent Butler building. BRACING Tension brace rods work in pairs to balance forces caused by initial tensioning. Care must be taken while tightening brace rods so as not to cause accidental or misalignment of components. All rods must be installed loose and then tightened. Rods should not exhibit excessive sag. For long or heavy rods, or angles it may be necessary to support the rods at mid —bay by suspending them from secondary members. Bracing for seismic or wind loading of objects or equipment that are not a part of the Butler structure must be designed by a qualified professional to deliver lateral loads to primary frames and rod bracing struts. Equipment bracing and suspension connections must not impose torsion or minor axis loads, or cause local distortion in any Butler components. Butler accepts no responsibility for design or installation of bracing systems not furnished by Butler. FIELD WELDING All field welding shall be done at the direction of a design professional, and done in accordance with governing requirements (AWS in USA, CWB in Canada)gby welders qualified to perform the welding as directed by the applicable welding procedure specification (WPS). A WPS shall be prepared by the contractor for each welding variation specified. The contractor is responsible for I eld' t' d b local ' 'sd' t' =iller metal shall be any specla w Ing in Ion as re y oca tun Ic Ion. 70 ksi (480 MPa) tensile strength. For welds in high seismic fo (Seismic Cat D, E or F), minimum Charpy V—Notch toughness sF (20 ft—lbs min 0 ODeg F). Interpass temperatures shall not ex rceTHl {T ,WNGINEER'S SEAL APPLIES •,__T _-� CT OF BUTLER all RFORMANCE RE CeT I' RgE Y BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. qf3 c: SIGNAGE The Builder is responsible for furnishing signs as required by Code and the Building Department, including but not limited to, exits, occupancy limits, floor loading limits, and bulk storage limits. Floor loading signs shall clearly indicate maximum floor live load permitted. Bulk storage facilities shall have signs clearly posted on all loaded walls indicating the type of commodity stored and the maximum storage height. Signs shall be clearly visible when building is fully loaded to design level. Overloading of floors or walls may result in failure. DELIVERIES It is the responsibility of the builder to have adequate equipment available at the job site to unload trucks in a safe and timely manner. The Builder will be responsible for all retention charges from carriers as a result of job site unloading delays. Claims for damage or shorts MUST be noted on the Bill —of —Lading or delivery receipt and filed against the carrier by the consignee as per Butler's Terms of Sales (F.O.B. Plant) under the Uniform Commercial Code. It is critical that damages or shorts be noted on the Bill —of —Lading or you have little recourse with the carrier. Immediately upon delivery of material, material quantities are verified by the Builder against quantities billed on the shipping document. Neither the Manufacturer nor the carrier is responsible for material shortages against quantities billed on the shipping document if such shortages are not noted on the shipping documents upon delivery of material and acknowledged by the carriers agent. For materials concealed in bundles, boxes, or crates, shortages must be reported immediately upon unpacking. Should products get wet, bundled and crated materials must be unpacked and unbundled immediately to provide drainage of trapped moisture. See Erection Guide for proper job site storage procedure. SEALANTS Sealants shall be applied in strict accordance with Butler details or weather tightness will be compromised. Sealant must be applied in temperatures and weather conditions consistent with labeling. INDEPENDENT MEZZANINES Independent mezzanines must be designed by a professional engineer. The engineer must ensure that proper isolation from the Butler building has been provided to avoid structural damage due to differential movements, or inadvertently apply loads to the Butler structure. Butler accepts no responsibility for the design of the independent mezzanine. FIRE CODE COMPLIANCE It is the responsibility of the project design professional and builder to comply with local fire code regulations including consideration of, but not limited to, building use and occupancy, all building construction materials, separation requirements, egress requirements, fire protection systems, etc. Builder shall advise Butler of any special requirements to be fumished by Butler. FIELD MODIFICATIONS Modifications to this building from details and instructions contained on these drawings must be approved in writing by Butler Mfg. engineers, or other licensed structural engineer. This includes, but is not limited to, removal of roof or wall cladding, removing or moving any flange braces or rod braces, cutting of openings for doors, windows or RTU's, correction of fabrication errors, etc. The owner shall not impose loads to this structure beyond what is specified for this building in the contract documents. Butler Mfg. accepts no responsibility for the consequences of any unauthorized additions, alterations, or added loads to this structure. If the builder intends to invoice Butler Mfg. for modifications in excess of $1000, The builder must notify Butler Mfg. immediately, and obtain a Work Authorization from Butler Mfg prior to proceeding. All final claims must be submitted to Butler Mfg with all supporting documentation within 30 days of the building completion. Claims submitted without work authorizations, or after 30 days will not be accepted. Correction of minor misfits, shimming and plumbing, moderate amount of reaming, drilling, chipping / cutting and minor welding are considered by Code of Standard Practice to be part of erection are not subject to claim reimbursement. CONCRETE/MASONRY/CONVENTIONAL STUD WALLS The engineer responsible for the design of the wall system is responsible for coordinating with, or specifying to Butler Mfg, any wall to steel compatibility issues such as drift and deflection compatibility, special base details, and wall to Butler steel connections. All fasteners, sealant and counter flashing of wall systems are to be provided by contractor. The engineer responsible for the wall shall design the anchorage to Butler supporting elements consistent with Code required forces. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. 6 PANELS Oil canning is an inherent characteristic of cold formed steel panels. It is the result of several factors that include induced stresses in the raw material delivered to Butler, fabrication methods, installation procedures, and post installation thermal forces. Thru fastened panels will exhibit some dimpling when installed, especially when insulation is installed between panels and secondary supports. Dimpling can be minimized by careful installation, taking care not to over drive fasteners. Roof rumble is a phenomenon that is caused by wind gusts lifting up on the roof panels and then springing back into place. All panels experience this action to some degree, especially with concealed clip Standing Seam panels. Roof rumble noise may be minimized by providing a layer of blanket insulation between the panels and any hard support surface such as steel secondary members, substrates such as plywood, steel decking, or rigid board insulation. A minimum of 3 inch thick blanket is recommended over steel secondary members, or 2 inch over substrates. Oil canning, dimpling, and roof rumble do not affect the structural integrity or weather tightness of the panels and is not grounds for rejection of panels. The Standing Seam joint detail is designed with an interlocking feature for ease of installation. However, it is imperative that installed Standing Seam panels be secured to the secondary structural members and properly seamed prior to departure from the job site each day. SKYLIGHTS Local building departments may require added fall restraint due to conditions that may affect the skylight structural integrity. It is the responsibility of the builder to determine and provide any added fall restraint under the skylight as may be required by your building department. RAIN WATER RUNOFF Drainage systems must be designed by the project professional to comply with code requirements. Butler is not responsible for drainage designs, overflow scuppers, down piping, etc. The project professional and contractor are responsible to ensure that primary drains and overflow devices such as scuppers and auxiliary drains are provided as required for the required rain intensity at the building perimeter and at valley conditions to prevent ponding. STEEL SHOP COAT The purpose of Butler's shop coat is to provide protection for the steel members during transportation, during temporary job site storage and during erection. Standard shop formulation is not designed to perform as a finish coat when exposed to environmental conditions. Members shall be kept free of the ground and properly drained during job site storage. It is the Builder's responsibility to ensure that if a finish coat is being applied over Butler shop coat that the painting contractor verifies compatibility between his finish coat and Butler's shop coat. BUTLER MFG. ACCREDITATIONS AND APPROVALS Fabricator Approvals IAS AC472 Approvals: (www.iasonline.org/services/metal—building—inspection) Listed under BlueScope Buildings North America, Inc. City of Los Angeles, CA #FB00031; City of Houston, TX 767; City of Phoenix, AZ C19-02008; Clark County, NV 43 & 833, San Bemardino County, CA 289, State of Utah, City of Richmond, Ca. Design Approvals IAS AC472 Approvals: (www.iasonline.org/services/metal—building—inspection) Listed under Butler Manufacturing, a Division of BlueScope Buildings North America, Inc. Canadian CSA A660 Certifications (www.cwbgroup.org) Listed under BlueScope Buildings North America, Inc. Engineering Certifications of Authorization USA--AL#CA-5589—E; AZ#22225-0; AR#576; FL#30427; GA#PEF007551; ID#C-2470; IL#184-002649; KS#E-29; KY#4490; LA#EF6722; MS#E-0592; MO#E-2010007736; NC#F-0998; ND#1579PE; NJ#24GA28318800; NV#20437; OH#05898; OK#CA4170PE; RI#8838; SC#6206; SD#C-1787; TX#F4828; VA#0411001520; VA#0411001518; WA#4119; WV#C03059-00 CAN--AB#P08900; NB#F0951; NL#D0044; NS#30123; NT#P062; ON#100148796; and Yi#PP134 BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 ERECTION NOTES REV: DATE BY DESCRIPTION. BUJLDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER'. LOCATION: Waterloo, Iowa PROJECT: Fischels West Parker Building DRAWING SCALE: NTS BUILDER'S POA C2UTLER,1 Butler Manufacturing VPC VERSION: ADVNXT 5.7 JOB #: DATE: 2/6/2023 DRAWN/CHECK: PAGE: •s VPC FILENAME: W61222012280 2/62023 16 15:03 a dl islon of BlueSmpe Buildings No. America Inc. Page 350 of 435 T M 0 T 0 I}I O M 2 3'-0" 1 1'-0" ❑ Dimension Key 0 A 1 AR3 AI VI AR3 3 1 IAR2 7 rAR2 7 AR27 I 2 AR27 IAR27 29' -0" 30' 0" 30' 0" 30' 0" AR27 I 27 AR27 IAR27 551 30'-0" AR27 AR27 BL AR27 AR271 420 -0" AR271 AR2 71 AR271 AR2 7I V 30'-0" AR2 71 AR2 7I 30'-0" AR2 71 AR2 7I 30'-0" 1 0 0 ARAI M IA O AR3i I I AR31 dI 0 0 AR1I 29'-0" ANCHOR ROD PLAN Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) BL <`e THE BUILDING IS DESIGNED WITH BRACING DIAGONALS IN THE DESIGNATED BAYS. COLUMN BASE REACTIONS, BASE PLATES AND ANCHOR RODS ARE AFFECTED BY THIS BRACING AND DIAGONALS MAY NOT BE RELOCATED WITHOUT CONSULTING THE BUILDING SUPPLIERS ENGINEER. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 ANCHOR ROD PLAN REV: DATE BV'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE NTS BUILDER POP CDIJTLER) Butler Manufacturing VPC VERSION. ADVNXT 5.7 JOB K'. DATE 2/6/2023 DRAWN/CHECK: PAGE: VPC FILENAME. ativ122201228A 2/6/2023 18:15:05 a tll Nion of BaJeSwpe 6.ings No"h Amehca Ino. Page 351 of 435 4- 4- WIDTH 2 1/2" L 1" I 1,2 1/2" 64mm 64mm Dim. A 4- . „ 5„ 102mm 127mm 2 1/2" 64mm 4- 4- E ' _ E w 5 E AR1 (4)3/4" Dia. Max Plate W=8",L=1'-3", Min Thk=3/8" Dim: A=1'-0" Elev.=100'-0" AR3 (4)3/4" Dia. Max Plate W=8",L=1'-1", Min Thk=3/8" Dim: A=1'-0" Elev.=100'-0" AR27 (4)1 1/4" Dia. Max Plate W=9",L=1'-1", Min Thk=3/8" Dim: A=1'-0" Elev.=100'-0" NUT i HARDENED WASHER — 4" (102mm) PROJECTION 1- (7 Z J uJ 0 J_ 5 } BOTTOM OF COLUMN BASE PLATE ELEV. —TOP OF FOUNDATION - CONSIDER ANY SPACE BETWEEN THE FOUNDATION AND COLUMN BASE IN ANCHOR ROD LENGTH REQUIREMENT THE 4" PROJECTION ABOVE THE BOTTOM OF THE BASE PLATE IS A SUGGESTED MINIMUM TO ENSURE ADEQUATE ANCHOR ROD LENGTH. A DIFFERENT PROJECTION MAY BE REQUIRED BY THE FOUNDATION DESIGNER. THE ANCHOR ROD PROJECTION MAY NEED TO BE CUT OFF IF THERE IS INTERFERENCE WITH OTHER PARTS. SUGGESTED ANCHOR ROD PROJECTION 1/2" (13mm) DIAMETER CONCRETE ANCHORS (BY OTHERS) JAMB -_ — W W 1 1/4" 32mm OPENING WIDTH 1 1/4" 32mm NOTE: 1' (25mm) PROJECTION ABOVE BOTTOM OF JAMB CLIP SEE PLAN FOR JAMB SIZES : J = SIZE JAMB 'EQ.' VALUES: 7EQ=2" 51mm, 8.5 EQ = 23/4" 70mm 10 EQ = 3 1/2" 89mm, 11.5 EQ = 4 1/4" 108mm FRAMED OPENING DETAIL z E E w n w 1n BL VARIES BOTTOM OF COLUMN BASE PLATE STD = 1/2" (13mm) FLUSH = 0" (Omm) TYPICAL COLUMN BASE PLATE DETAIL 1. ANCHOR RODS, NUTS, HARDENED WASHERS AND ANY OTHER EMBEDDED ITEMS ARE TO BE FURNISHED BY CONTRACTOR. 2. ANCHOR ROD DIAMETERS WERE DETERMINED BY ALLOWABLE SHEAR AND TENSION PER AISC SPECIFICATIONS (FY=36KSI). (ASTM F1554 GRADE 36) ANCHOR ROD LENGTH, EFFECTS OF EMBEDDED ANCHOR ROD EDGE DIMENSIONS AND METHOD OF TRANSFERRING FORCES FROM ANCHOR RODS TO FOOTINGS ARE TO BE DETERMINED BY OTHERS. 3. UNLESS OTHERWISE SPECIFIED, ANCHOR RODS ARE DESIGNED AND DETAILED AS "CAST -IN -PLACE" ANCHOR RODS WITH "SNUG TIGHT CONNECTIONS. 4. FOUNDATION MUST BE LEVEL, SQUARE AND SMOOTH. ANCHOR RODS MUST BE ACCURATELY PLACED AS SHOWN ON THIS DRAWING OR STEEL WILL NOT FIT. THE BUILDER IS RESPONSIBLE FOR ACCURATE SETTING OF ANCHOR RODS PER AISC CODE OF STANDARD PRACTICE, SEC 7.5 VARIATIONS ARE SUMMARIZED BELOW; a. CENTERS OF ANY TWO AR'S WITHIN A COLUMN BASE GROUP; +-1/8" b. CENTERS OF ADJACENT AR GROUPS; +-1/4" c. TOPS OF AR'S; +-1/2" d. ACCUMULATED DIM BETWEEN CENTERS OF AR GROUPS ALONG COLUMN LINE; +-1/4" PER 100FT., NOT TO EXCEED 1" TOTAL. e. DIM FROM CENTER OF ANY AR GROUP FROM COLUMN LINE; +-1/4" 5. DESIGN LOADS AND REACTIONS ARE FURNISHED IN THE REACTIONS REPORT. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 ANCHOR ROD PLAN - DETAILS REV: DATE: DESCRIPTION: BUILDER: Hauptly Construction Inc. CUSTOMER: LOCATION: Waterloo, Iowa PRoJEcr: Fischels West Parker Building DRAWING SCALE: NTS BUILDER'S PO. C2UTLER> • Butler Manufacturing VPC VERSION: ADVNXT 5.7 JOB A: DArE 2/6/2023 DRAWN/CHECK: I PAGE: VPC FILENAME: Wv1222012381 21W2B23 a EI Isloo of BlueSmge Buildings North America Inc. Page 352 of 435 Bracing Part Part 05RS4111 03RS4205 04RS3901 04RS3011 Schedule Qty Length 4 8 4 4 1 1'-0" Dimension Key 41'-11" 42'-5" 39'-1" 30'-11" 0 0 rn M O 0 rl 0 0 rn Detail BR01G2 BR01G2 BR01G2 BR01G2 M 0 0 X 0 0 X 0 0 0 X CX002 CX004 CX006 *DO CX001 CX003 CX005 29'-0" 30'-0" O ® C10) CX008 CX008 CX006 CX006 CX006 SF 0 v oh 21S 0 rl ati �45 CX007 Ln 0 �x- K CX007 CX005 0 0 0 1 N 0 0 0 1 CX005 CX005 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" BL 420 -0" (14) CX006 CX006 CX008 CX008 CX006 CX004 CX002 CX005 CX005 CX007 CX007 0 0 1 CX005 0 CX003 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 29'-0" f 1/41 k 0 PI CPI w 1Lo o 0 X 1n w 0 a i 0 o 1 x DI w m i 0 I 0 rn I --I— CX001 PRIMARY AND ROOF BRACING PLAN Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 BL 1. USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS, SECONDARY CLIP CONNECTIONS, AND FLANGE BRACE CONNECTIONS, UNLESS NOTED OTHERWISE. 2. SLOT REINFORCEMENT PLATES NEED NOT BE LOCATED ON THE SAME SIDE OF THE WEB AS THE HILLSIDE WASHER. THE BUTLER MFG. ENGINEERS SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEERS SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 PRIMARY AND ROOF BRACING PLAN REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDERSPOP CDUTLER> Butler Manufacturing VPC VERSION. ADVNXT 5.7 JOBK'. 2/6/2023 DRAWNCHECK: PAGE: VPC FILENAME'. acIVIM01M384 nmn 18:15:06 a tll Pion of McSwpe BUIItlIPgs North America Ino. Page 353 of 435 Frame Member Schedule Part Mem Width CX001 1 5.0000 RBX001 2-5 5.0000 RBX002 6 5.0000 RBX003 7-9 5.0000 RBX004 10-13 5.0000 CX002 14 5.0000 EPX001 15 6.0000 EPX002 16 6.0000 EPX003 17 6.0000 5 3'-10 1/2" 4 2 @ 2'-6 1/8" 3 3'-6" 2 4'-0" 1 8 1/2" ❑ Dimension Key Thick .1875 .1875 .1345 .1875 .1875 .1875 .2500 .2500 .2500 0 1n L m❑ WebThk. .1345 .1345 .1345 .1345 .1345 .1345 .1345 .1345 .1345 GFB2063 GFB2063 Depthl 1'-2" 1'-3" 1'-3" 1'-3" 1'-3" 11" 1'-0" 1'-0" 11" Depth2 1'-2" 1'-3" 1'-3" 1'-3" 1'-3" 11" 1'-0" 1'-0" 11" Approx.Lgth 26'-9 5/16" 35'-11 9/16" 20'-0 3/8" 30'-0 1/16" 33'-11 13/16" 24'-3 7/8" 26'-2 1/16" 25'-6 9/16" 24'-11 1/16" Approx.Weight Detail Cee Mark No 365# 483# 240# 410# 458# 296# 430# BR25BD JCP053077 420# BR25BD JCP053077 398# BR25BD JCP053067 i 6 @ 2'-6" 0 0 Nm Ga 120'-0 5/14" 0.2500:12 0 0 PO 0 10 0 N CO w 0 N k1 0 0 CO w 0 N 18 @ 5'-0" 0 0 0 N Frame Clearances Horiz. Clearance between members 1(CX001) and 14(CX002): 116'-6" Vert. Clearance at member 1(CX001): 26'-9" Vert. Clearance at member 14(CX002): 24'-3 7/8" Vert. Clearance at member 15(EPX001): 26'-2" Vert. Clearance at member 16(EPX002): 25'-6 1/2" Vert. Clearance at member 17(EPX003): 24'-11" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) 0 0 N 0 O 0 0 0 t4 @ 2'-6" 0 N 10 0 O 10 0 O , 1- IF T T T T T 7 -ro-----T---T--- I --- rI- ---1-4 rT---T---�-- -3 'T .� � ti' T T .-77 I-- I-- I- 1- 1- m cx001 0 0 EPX001 BRSX001 RBX002 -(2)GFB2050 0 a oa N 0 -(2)GFB2050 a W - a � 2)GFB2050 X 0 a m (rl m o -(2)GFB2050 k W - 0 IT ul uv -,1x 8 `I N (2)GFB2050 o d-I 0 H 30'-0" CL 30'-0" CL 30'-0" CL 30'-0" 120 -0" BL 3 (1)JCP053067 2 (1)JCP053077 1 (1)JCP053077 0 Part Key FRAME CROSS SECTION AT FRAME LINE(S) 1 Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 Wall 4, Frame 1 GFB2050 GFB2050 BL ()Bolt Connection & Plate Schedule Id Qty Grade Bolt Bolt Dia. Length A 4 A325 1/2" 1 1/2" B 6 A325 1/2" 1 1/2" C 8 A325 1/2" 1 1/2" D 8 A325 1/2" 1 1/2" Plate Thick. 3/8" 1/4" 1/4" 1/4" Rows Out 1 2 3 2 Rows PartNo In 1 49080 1 49080 1 49080 2 49080 1. USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS, SECONDARY CLIP CONNECTIONS, AND FLANGE BRACE CONNECTIONS, UNLESS NOTED OTHERWISE. 2. SLOT REINFORCEMENT PLATES NEED NOT BE LOCATED ON THE SAME SIDE OF THE WEB AS THE HILLSIDE WASHER. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Frame at 1 REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa aaoJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDERSPOP <BUTLER> • Butler Manufacturing vac VERSION. ADVNXT 5.7 JOB K'. DATE 2/6/2023 DRAWNICHECK: PAGE: VPC FILENAME.acIVIM01M384 nmn 18:15:06 a tll Pion of McSwpe BUIItlIPgs North America Ino. Page 354 of 435 Frame Member Schedule Part Mem Width CX003 1 8.0000 RBX005 2 8.0000 3 8.0000 RBX006 4 8.0000 5 8.0000 RBX007 6 8.0000 7 8.0000 RBX008 8 8.0000 9 8.0000 CX004 10 8.0000 28 -10 1/2 3 3'-10 1/2" 2 2 @ 2'-6 1/8" 1 8 1/2" ❑ Dimension Key Thick .5000 .6250 .6250 .3750 .6250 .6250 .5000 .6250 .6250 .5000 WebThk. .3125 .2500 .1875 .1875 .1875 .1875 .1644 .1875 .2500 .3125 (2) HFB6022 HFB5077 (2) HFB4050 Depthl 1'-0" 4'-4" 2'-9" 2'-9" 2'-9" 3'-4" 2'-7" 2'-7" 2'-7" 1'-0" Depth2 4'-10" 2'-9" 2'-9" 2'-9" 3'-4" 2'-7" 2'-7" 2'-7" 4'-4" 4'-5" Approx.Lgth 28'-0 5/16" 20'-5" 35'-0 1/16" 35'-0" 18'-11 15/16" 25'-7 3/4" Approx.Weight 2124# 1375# 1925# 1921# 1265# 1848# 0 m 0) 6 @ 2'-6" (2)GFB5057 120'-0 5/16" 0.2500:12 N N 0 B RBX006 T T- T 18 @ 5'-0" Frame Clearances Horiz. Clearance between members 1(CX003) and 10(CX004): 109'-3 15/16" Vert. Clearance at member 1(CX003): 23'-6 5/8" Vert. Clearance at member 10(CX004): 21'-0 5/8" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) BL 120'-0" 7 RBX007 RBX008 4 @ 2'-6" 0 FRAME CROSS SECTION AT FRAME LINE(S) 2 Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 Wall 4, Frame 2 (2)GFB5077 (2)HFB4050 BL 26'-4 1/2" ()Bolt Connection & Plate Schedule Id Qty Grade Bolt Bolt Plate Rows Rows PartNo Dia. Length Thick. Out In A 12 A325 7/8" 3 1/2" 3/4" 4 2 0097380 B 6 A325 3/4" 2 1/2" 3/8" 1 1 0097284 C 12 A325 3/4" 2 1/2" 5/8" 2 4 0097284 D 8 A325 3/4" 2 1/2" 3/8" 1 2 0097284 E 12 A325 1" 3 1/2" 5/8" 4 2 0097288 1. USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS, SECONDARY CLIP CONNECTIONS, AND FLANGE BRACE CONNECTIONS, UNLESS NOTED OTHERWISE. 2. SLOT REINFORCEMENT PLATES NEED NOT BE LOCATED ON THE SAME SIDE OF THE WEB AS THE HILLSIDE WASHER. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Frame at 2 REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDER POIX <BUTLER.> e Butler Manufacturing VPC VERSION: ADVNXT 5.7 JOB DATE 2/6/2023 DRAWN/CHECK'. PAGE'. VPC FILENAME. acNIM01M384 nmn 18:15:06 a tll Nion of.eSwpe B.ings Noah America Ino. Page 355 of 435 Frame Member Schedule Part Mem Width CX005 1 8.0000 RBX009 2 8.0000 3 8.0000 RBX010 4 8.0000 5 8.0000 RBX011 6 8.0000 7 8.0000 RBX012 8 8.0000 9 8.0000 CX006 10 8.0000 28 -10 1/2 3 3'-10 1/2" 2 2 @ 2'-6 1/8" 1 8 1/2" ❑ Dimension Key Thick .5000 .7500 .6250 .3750 .6250 .6250 .3750 .5000 .5000 .6250 WebThk. .3125 .2500 .1875 .1875 .1875 .1875 .1875 .1875 .3125 .2500 (2)HFB6022 HFB5077 (2)HFB4050 Depthl 1'-0" 3'-11" 2'-10" 2'-10" 2'-10" 3'-4" 3'-0" 3'-0" 3'-0" 1'-0" Depth2 4'-11" 2'-10" 2'-10" 2'-10" 3'-4" 3'-0" 3'-0" 3'-0" 4'-5" 4'-3" Approx.Lgth 28'-0 5/16" 20'-4" 35'-0 1/16" 35'-0 1/16" 19'-2 1/8" 25'-7 11/16" Approx.Weight 2185# 1418# 1934# 1947# 1296# 1810# 120'-0 5/16" 0.2500:12 (2)GFB4093 RBX010 T T- 23 @ 5'-0" O 0 O T Frame Clearances Horiz. Clearance between members 1(CX005) and 10(CX006): 109'-4 15/16" Vert. Clearance at member 1(CX005): 23'-11 9/16" Vert. Clearance at member 10(CX006): 20'-11 5/8" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) BL 7 r 0 PO 0 O 0 O 0 T-- 0 0 0 120'-0" RBX011 RBX012 (2)GFB5057 ❑2 FRAME CROSS SECTION AT FRAME LINE(S) 3 Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 Wall 4, Frame 3 (2)GFB5077<S> (2)HFB4027 BL OBolt Connection & Plate Schedule Id Qty Grade A 12 A325 B 4 A325 C 14 A325 D 12 A325 <S> - (2) Washers 26'-4 1/2" Bolt Bolt Plate Rows Rows PartNo Dia. Length Thick. Out In 7/8" 3 1/2" 3/4" 4 2 0097380 3/4" 2 1/2" 3/8" 1 1 0097284 3/4" 2 1/2" 5/8" 3 4 0097284 1" 3 1/2" 5/8" 4 2 0097288 (095872) req'd at Flange Brace to Secondary. 1. USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS, SECONDARY CLIP CONNECTIONS, AND FLANGE BRACE CONNECTIONS, UNLESS NOTED OTHERWISE. 2. SLOT REINFORCEMENT PLATES NEED NOT BE LOCATED ON THE SAME SIDE OF THE WEB AS THE HILLSIDE WASHER. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Frame at 3 REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDER POP <BUTLER.> e Butler Manufacturing VPC VERSION: ADVNXT 5.7 JOB K'. DATE 2/6/2023 DRAWN/CHECK'. PAGE'. VPC FILENAME. ativ133301M384 nmn 18:15:06 a tll Nion of OeSwpe BUIItl4gs Noah America Ino. Page 356 of 435 Frame Member Schedule Part Mem Width CX007 1 8.0000 RBX009 2 8.0000 3 8.0000 RBX013 4 8.0000 5 8.0000 RBX014 6 8.0000 7 8.0000 RBX015 8 8.0000 9 8.0000 CX008 10 8.0000 28 -10 1/2 3 3'-10 1/2" 2 2 @ 2'-6 1/8" 1 8 1/2" ❑ Dimension Key Thick .5000 .7500 .6250 .3750 .6250 .6250 .3750 .5000 .5000 .6250 WebThk. .3125 .2500 .1875 .1875 .1875 .1875 .1875 .1875 .3125 .2500 (2)HFB6022 HFB5077 (2)HFB4050 Depthl 1'-0" 3'-11" 2'-10" 2'-10" 2'-10" 3'-4" 3'-0" 3'-0" 3'-0" 1'-0" Depth2 4'-11" 2'-10" 2'-10" 2'-10" 3'-4" 3'-0" 3'-0" 3'-0" 4'-5" 4'-3" Approx.Lgth 28'-0 5/16" 20'-4" 35'-0 1/16" 35'-0 1/16" 19'-2 1/8" 25'-7 11/16" Approx.Weight 2185# 1418# 1934# 1947# 1296# 1810# 120'-0 5/16" 0.2500:12 (2)GFB4093 RBX009 RBX013 T T- O 0 23 @ 5'-0" T Frame Clearances Horiz. Clearance between members 1(CX007) and 10(CX008): 109'-4 15/16" Vert. Clearance at member 1(CX007): 23'-11 9/16" Vert. Clearance at member 10(CX008): 20'-11 5/8" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) BL 7 r 0 P�0 0 O 0 0 O 0 0 0 0 120'-0" RBX014 RBX015 (2)GFB5057 ❑2 FRAME CROSS SECTION AT FRAME LINE(S) 4 Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 Wall 4, Frame 4 (2)GFB5077<S> (2)HFB4027 BL OBolt Connection & Plate Schedule Id Qty Grade A 12 A325 B 4 A325 C 14 A325 D 12 A325 <S> - (2) Washers 26'-4 1/2" Bolt Bolt Plate Rows Rows PartNo Dia. Length Thick. Out In 7/8" 3 1/2" 3/4" 4 2 0097380 3/4" 2 1/2" 3/8" 1 1 0097284 3/4" 2 1/2" 5/8" 3 4 0097284 1" 3 1/2" 5/8" 4 2 0097288 (095872) req'd at Flange Brace to Secondary. 1. USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS, SECONDARY CLIP CONNECTIONS, AND FLANGE BRACE CONNECTIONS, UNLESS NOTED OTHERWISE. 2. SLOT REINFORCEMENT PLATES NEED NOT BE LOCATED ON THE SAME SIDE OF THE WEB AS THE HILLSIDE WASHER. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Frame at 4 REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDER POP <BUTLER.> e Butler Manufacturing VPC VERSION: ADVNXT 5.7 JOB K'. DATE 2/6/2023 DRAWN/CHECK'. PAGE'. VPC FILENAME. ativ133301M384 nmn 18:15:06 a tll Nion of OeSwpe BUIItl4gs Noah America Ino. Page 357 of 435 Frame Member Schedule Part Mem Width CX007 1 8.0000 RBX009 2 8.0000 3 8.0000 RBX013 4 8.0000 5 8.0000 RBX014 6 8.0000 7 8.0000 RBX015 8 8.0000 9 8.0000 CX008 10 8.0000 28 -10 1/2 3 3'-10 1/2" 2 2 @ 2'-6 1/8" 1 8 1/2" ❑ Dimension Key Thick .5000 .7500 .6250 .3750 .6250 .6250 .3750 .5000 .5000 .6250 WebThk. .3125 .2500 .1875 .1875 .1875 .1875 .1875 .1875 .3125 .2500 (2)HFB6022 HFB5077 (2)HFB4050 Depthl 1'-0" 3'-11" 2'-10" 2'-10" 2'-10" 3'-4" 3'-0" 3'-0" 3'-0" 1'-0" Depth2 4'-11" 2'-10" 2'-10" 2'-10" 3'-4" 3'-0" 3'-0" 3'-0" 4'-5" 4'-3" Approx.Lgth 28'-0 5/16" 20'-4" 35'-0 1/16" 35'-0 1/16" 19'-2 1/8" 25'-7 11/16" Approx.Weight 2185# 1418# 1934# 1947# 1296# 1810# 120'-0 5/16" 0.2500:12 (2)GFB4093 N N 0 RBX013 T T- 23 @ 5'-0" O 0 0 T Frame Clearances Horiz. Clearance between members 1(CX007) and 10(CX008): 109'-4 15/16" Vert. Clearance at member 1(CX007): 23'-11 9/16" Vert. Clearance at member 10(CX008): 20'-11 5/8" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) N 0 O 0 BL 7 0 0 120'-0" RBX014 RBX015 (2)GFB5057 ❑2 FRAME CROSS SECTION AT FRAME LINE(S) 5 Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 Wall 4, Frame 5 (2)GFB5077<S> (2)HFB4027 BL OBolt Connection & Plate Schedule Id Qty Grade A 12 A325 B 4 A325 C 14 A325 D 12 A325 <S> - (2) Washers 26'-4 1/2" Bolt Bolt Plate Rows Rows PartNo Dia. Length Thick. Out In 7/8" 3 1/2" 3/4" 4 2 0097380 3/4" 2 1/2" 3/8" 1 1 0097284 3/4" 2 1/2" 5/8" 3 4 0097284 1" 3 1/2" 5/8" 4 2 0097288 (095872) req'd at Flange Brace to Secondary. 1. USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS, SECONDARY CLIP CONNECTIONS, AND FLANGE BRACE CONNECTIONS, UNLESS NOTED OTHERWISE. 2. SLOT REINFORCEMENT PLATES NEED NOT BE LOCATED ON THE SAME SIDE OF THE WEB AS THE HILLSIDE WASHER. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Frame at 5 REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDER POP <BUTLER.> e Butler Manufacturing VPC VERSION: ADVNXT 5.7 JOB K'. DATE 2/6/2023 DRAWN/CHECK'. PAGE'. VPC FILENAME'. ativ133301M384 nmn 18:15:06 a tll Nion of OeSwpe BUIItl4gs Noah America Ino. Page 358 of 435 Frame Member Schedule Part Mem Width CX005 1 8.0000 RBX009 2 8.0000 3 8.0000 RBX010 4 8.0000 5 8.0000 RBX011 6 8.0000 7 8.0000 RBX012 8 8.0000 9 8.0000 CX006 10 8.0000 28 -10 1/2 3 3'-10 1/2" 2 2 @ 2'-6 1/8" 1 8 1/2" ❑ Dimension Key Thick .5000 .7500 .6250 .3750 .6250 .6250 .3750 .5000 .5000 .6250 WebThk. .3125 .2500 .1875 .1875 .1875 .1875 .1875 .1875 .3125 .2500 (2)HFB6022 HFB5077 (2)HFB4050 Depthl 1'-0" 3'-11" 2'-10" 2'-10" 2'-10" 3'-4" 3'-0" 3'-0" 3'-0" 1'-0" Depth2 4'-11" 2'-10" 2'-10" 2'-10" 3'-4" 3'-0" 3'-0" 3'-0" 4'-5" 4'-3" Approx.Lgth 28'-0 5/16" 20'-4" 35'-0 1/16" 35'-0 1/16" 19'-2 1/8" 25'-7 11/16" Approx.Weight 2185# 1418# 1934# 1947# 1296# 1810# 120'-0 5/16" 0.2500:12 (2)GFB4093 RBX010 T T- 23 @ 5'-0" O 0 O T Frame Clearances Horiz. Clearance between members 1(CX005) and 10(CX006): 109'-4 15/16" Vert. Clearance at member 1(CX005): 23'-11 9/16" Vert. Clearance at member 10(CX006): 20'-11 5/8" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) BL 7 r 0 PO 0 O 0 O 0 T-- 0 0 0 120'-0" RBX011 RBX012 (2)GFB5057 ❑2 FRAME CROSS SECTION AT FRAME LINE(S) 6 Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 Wall 4, Frame 6 (2)GFB5077<S> (2)HFB4027 BL ()Bolt Connection & Plate Schedule Id Qty Grade Bolt Bolt Plate Rows Dia. Length Thick. Out A 12 A325 7/8" 3 1/2" 3/4" 4 B 4 A325 3/4" 2 1/2" 3/8" 1 C 14 A325 3/4" 2 1/2" 5/8" 3 D 12 A325 1" 3 1/2" 5/8" 4 <S> - (2) Washers (095872) req'd at Flange Brace 26'-4 1/2" PartNo 0097380 1 0097284 4 0097284 2 0097288 to Secondary. Rows In 2 1. USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS, SECONDARY CLIP CONNECTIONS, AND FLANGE BRACE CONNECTIONS, UNLESS NOTED OTHERWISE. 2. SLOT REINFORCEMENT PLATES NEED NOT BE LOCATED ON THE SAME SIDE OF THE WEB AS THE HILLSIDE WASHER. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Frame at 6 REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDER POP <BUTLER.> e Butler Manufacturing VPC VERSION: ADVNXT 5.7 JOB K'. DATE 2/6/2023 DRAWN/CHECK'. PAGE'. VPC FILENAME. ativ133301M384 nmn 18:15:06 a tll Nion of OeSwpe BUIItl4gs Noah America Ino. Page 359 of 435 Frame Member Schedule Part Mem Width CX005 1 8.0000 RBX009 2 8.0000 3 8.0000 RBX010 4 8.0000 5 8.0000 RBX011 6 8.0000 7 8.0000 RBX012 8 8.0000 9 8.0000 CX006 10 8.0000 28 -10 1/2 3 3'-10 1/2" 2 2 @ 2'-6 1/8" 1 8 1/2" ❑ Dimension Key Thick .5000 .7500 .6250 .3750 .6250 .6250 .3750 .5000 .5000 .6250 WebThk. .3125 .2500 .1875 .1875 .1875 .1875 .1875 .1875 .3125 .2500 (2)HFB6022 HFB5077 (2)HFB4050 Depthl 1'-0" 3'-11" 2'-10" 2'-10" 2'-10" 3'-4" 3'-0" 3'-0" 3'-0" 1'-0" Depth2 4'-11" 2'-10" 2'-10" 2'-10" 3'-4" 3'-0" 3'-0" 3'-0" 4'-5" 4'-3" Approx.Lgth 28'-0 5/16" 20'-4" 35'-0 1/16" 35'-0 1/16" 19'-2 1/8" 25'-7 11/16" Approx.Weight 2185# 1418# 1934# 1947# 1296# 1810# 120'-0 5/16" 0.2500:12 (2)GFB4093 RBX010 T T- 23 @ 5'-0" O 0 O T Frame Clearances Horiz. Clearance between members 1(CX005) and 10(CX006): 109'-4 15/16" Vert. Clearance at member 1(CX005): 23'-11 9/16" Vert. Clearance at member 10(CX006): 20'-11 5/8" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) BL 7 N 0 PO 0 O 0 O 0 T-- 0 0 0 120'-0" RBX011 RBX012 (2)GFB5057 ❑2 FRAME CROSS SECTION AT FRAME LINE(S) 7 Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 Wall 4, Frame 7 (2)GFB5077<S> (2)HFB4027 BL OBolt Connection & Plate Schedule Id Qty Grade A 12 A325 B 4 A325 C 14 A325 D 12 A325 <S> - (2) Washers 26'-4 1/2" Bolt Bolt Plate Rows Rows PartNo Dia. Length Thick. Out In 7/8" 3 1/2" 3/4" 4 2 0097380 3/4" 2 1/2" 3/8" 1 1 0097284 3/4" 2 1/2" 5/8" 3 4 0097284 1" 3 1/2" 5/8" 4 2 0097288 (095872) req'd at Flange Brace to Secondary. 1. USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS, SECONDARY CLIP CONNECTIONS, AND FLANGE BRACE CONNECTIONS, UNLESS NOTED OTHERWISE. 2. SLOT REINFORCEMENT PLATES NEED NOT BE LOCATED ON THE SAME SIDE OF THE WEB AS THE HILLSIDE WASHER. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Frame at 7 REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDER POP <BUTLER.> e Butler Manufacturing VPC VERSION: ADVNXT 5.7 JOB K'. DATE 2/6/2023 DRAWN/CHECK'. PAGE'. VPC FILENAME. ativ133301M384 nmn 18:15:07 a tll Nion of OeSwpe BUIItl4gs Noah America Ino. Page 360 of 435 Frame Member Schedule Part Mem Width CX005 1 8.0000 RBX009 2 8.0000 3 8.0000 RBX010 4 8.0000 5 8.0000 RBX011 6 8.0000 7 8.0000 RBX012 8 8.0000 9 8.0000 CX006 10 8.0000 28 -10 1/2 3 3'-10 1/2" 2 2 @ 2'-6 1/8" 1 8 1/2" ❑ Dimension Key Thick .5000 .7500 .6250 .3750 .6250 .6250 .3750 .5000 .5000 .6250 WebThk. .3125 .2500 .1875 .1875 .1875 .1875 .1875 .1875 .3125 .2500 (2)HFB6022 HFB5077 (2)HFB4050 Depthl 1'-0" 3'-11" 2'-10" 2'-10" 2'-10" 3'-4" 3'-0" 3'-0" 3'-0" 1'-0" Depth2 4'-11" 2'-10" 2'-10" 2'-10" 3'-4" 3'-0" 3'-0" 3'-0" 4'-5" 4'-3" Approx.Lgth 28'-0 5/16" 20'-4" 35'-0 1/16" 35'-0 1/16" 19'-2 1/8" 25'-7 11/16" Approx.Weight 2185# 1418# 1934# 1947# 1296# 1810# 120'-0 5/16" 0.2500:12 (2)GFB4093 RBX010 T T- 23 @ 5'-0" O 0 O T Frame Clearances Horiz. Clearance between members 1(CX005) and 10(CX006): 109'-4 15/16" Vert. Clearance at member 1(CX005): 23'-11 9/16" Vert. Clearance at member 10(CX006): 20'-11 5/8" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) BL 7 N 0 PO 0 O 0 O 0 T-- 0 0 0 120'-0" RBX011 RBX012 (2)GFB5057 ❑2 FRAME CROSS SECTION AT FRAME LINE(S) 8 Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 Wall 4, Frame 8 (2)GFB5077<S> (2)HFB4027 BL OBolt Connection & Plate Schedule Id Qty Grade A 12 A325 B 4 A325 C 14 A325 D 12 A325 <S> - (2) Washers 26'-4 1/2" Bolt Bolt Plate Rows Rows PartNo Dia. Length Thick. Out In 7/8" 3 1/2" 3/4" 4 2 0097380 3/4" 2 1/2" 3/8" 1 1 0097284 3/4" 2 1/2" 5/8" 3 4 0097284 1" 3 1/2" 5/8" 4 2 0097288 (095872) req'd at Flange Brace to Secondary. 1. USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS, SECONDARY CLIP CONNECTIONS, AND FLANGE BRACE CONNECTIONS, UNLESS NOTED OTHERWISE. 2. SLOT REINFORCEMENT PLATES NEED NOT BE LOCATED ON THE SAME SIDE OF THE WEB AS THE HILLSIDE WASHER. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Frame at 8 REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDER POP <BUTLER.> e Butler Manufacturing VPC VERSION: ADVNXT 5.7 JOB K'. DATE 2/6/2023 DRAWN/CHECK'. PAGE'. VPC FILENAME. ativ133301M384 nmn 18:15:07 a tll Nion of OeSwpe BUIItl4gs Noah America Ino. Page 361 of 435 Frame Member Schedule Part Mem Width CX005 1 8.0000 RBX009 2 8.0000 3 8.0000 RBX010 4 8.0000 5 8.0000 RBX011 6 8.0000 7 8.0000 RBX012 8 8.0000 9 8.0000 CX006 10 8.0000 28 -10 1/2 3 3'-10 1/2" 2 2 @ 2'-6 1/8" 1 8 1/2" ❑ Dimension Key Thick .5000 .7500 .6250 .3750 .6250 .6250 .3750 .5000 .5000 .6250 WebThk. .3125 .2500 .1875 .1875 .1875 .1875 .1875 .1875 .3125 .2500 (2)HFB6022 HFB5077 (2)HFB4050 Depthl 1'-0" 3'-11" 2'-10" 2'-10" 2'-10" 3'-4" 3'-0" 3'-0" 3'-0" 1'-0" Depth2 4'-11" 2'-10" 2'-10" 2'-10" 3'-4" 3'-0" 3'-0" 3'-0" 4'-5" 4'-3" Approx.Lgth 28'-0 5/16" 20'-4" 35'-0 1/16" 35'-0 1/16" 19'-2 1/8" 25'-7 11/16" Approx.Weight 2185# 1418# 1934# 1947# 1296# 1810# 120'-0 5/16" 0.2500:12 (2)GFB4093 RBX010 T T- 23 @ 5'-0" O 0 O T Frame Clearances Horiz. Clearance between members 1(CX005) and 10(CX006): 109'-4 15/16" Vert. Clearance at member 1(CX005): 23'-11 9/16" Vert. Clearance at member 10(CX006): 20'-11 5/8" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) BL 7 r 0 PO 0 O 0 O 0 T-- 0 0 0 120'-0" RBX011 RBX012 (2)GFB5057 ❑2 FRAME CROSS SECTION AT FRAME LINE(S) 9 Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 Wall 4, Frame 9 (2)GFB5077<S> (2)HFB4027 BL ()Bolt Connection & Plate Schedule Id Qty Grade Bolt Bolt Plate Rows Dia. Length Thick. Out A 12 A325 7/8" 3 1/2" 3/4" 4 B 4 A325 3/4" 2 1/2" 3/8" 1 C 14 A325 3/4" 2 1/2" 5/8" 3 D 12 A325 1" 3 1/2" 5/8" 4 <S> - (2) Washers (095872) req'd at Flange Brace 26'-4 1/2" PartNo 0097380 1 0097284 4 0097284 2 0097288 to Secondary. Rows In 2 1. USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS, SECONDARY CLIP CONNECTIONS, AND FLANGE BRACE CONNECTIONS, UNLESS NOTED OTHERWISE. 2. SLOT REINFORCEMENT PLATES NEED NOT BE LOCATED ON THE SAME SIDE OF THE WEB AS THE HILLSIDE WASHER. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Frame at 9 REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDER POP <BUTLER.> e Butler Manufacturing VPC VERSION: ADVNXT 5.7 JOB K'. DATE 2/6/2023 DRAWN/CHECK'. PAGE'. VPC FILENAME. ativ133301M384 nmn 18:15:07 a tll Nion of OeSwpe BUIItl4gs Noah America Ino. Page 362 of 435 Frame Member Schedule Part Mem Width CX005 1 8.0000 RBX009 2 8.0000 3 8.0000 RBX010 4 8.0000 5 8.0000 RBX011 6 8.0000 7 8.0000 RBX012 8 8.0000 9 8.0000 CX006 10 8.0000 28 -10 1/2 3 3'-10 1/2" 2 2 @ 2'-6 1/8" 1 8 1/2" ❑ Dimension Key Thick WebThk. Depthl Depth2 Approx.Lgth .5000 .3125 1'-0" 4'-11" 28'-0 5/16" .7500 .2500 3'-11" 2'-10" 20'-4" .6250 .1875 2'-10" 2'-10" .3750 .1875 2'-10" 2'-10" .6250 .1875 2'-10" 3'-4" .6250 .1875 3'-4" 3'-0" .3750 .1875 3'-0" 3'-0" .5000 .1875 3'-0" 3'-0" .5000 .3125 3'-0" 4'-5" .6250 .2500 1'-0" 4'-3" (2)HFB6022 HFB5077 (2)HFB4050 35'-0 1/16" 35'-0 1/16" 19'-2 1/8" 25'-7 11/16" Approx.Weight 2185# 1418# 1934# 1947# 1296# 1810# 120'-0 5/16" 0.2500:12 (2)GFB4093 RBX010 T T- 23 @ 5'-0" O 0 O T Frame Clearances Horiz. Clearance between members 1(CX005) and 10(CX006): 109'-4 15/16" Vert. Clearance at member 1(CX005): 23'-11 9/16" Vert. Clearance at member 10(CX006): 20'-11 5/8" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) BL 7 N 0 PO 0 O 0 O 0 T-- 0 0 0 120'-0" RBX011 RBX012 (2)GFB5057 ❑2 FRAME CROSS SECTION AT FRAME LINE(S) 10 Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 Wall 4, Frame 10 (2)GFB5077<S> (2)HFB4027 BL OBolt Connection & Plate Schedule Id Qty Grade A 12 A325 B 4 A325 C 14 A325 D 12 A325 <S> - (2) Washers 26'-4 1/2" Bolt Bolt Plate Rows Rows PartNo Dia. Length Thick. Out In 7/8" 3 1/2" 3/4" 4 2 0097380 3/4" 2 1/2" 3/8" 1 1 0097284 3/4" 2 1/2" 5/8" 3 4 0097284 1" 3 1/2" 5/8" 4 2 0097288 (095872) req'd at Flange Brace to Secondary. 1. USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS, SECONDARY CLIP CONNECTIONS, AND FLANGE BRACE CONNECTIONS, UNLESS NOTED OTHERWISE. 2. SLOT REINFORCEMENT PLATES NEED NOT BE LOCATED ON THE SAME SIDE OF THE WEB AS THE HILLSIDE WASHER. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Frame at 10 REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDER POP <BUTLER.> e Butler Manufacturing VPC VERSION: ADVNXT 5.7 JOB K'. DATE 2/6/2023 DRAWN/CHECK'. PAGE'. VPC FILENAME. ativ133301M384 nmn 18:15:OS a tll Nion of OeSwpe BUIItlIPgs Noah America Ino. Page 363 of 435 Frame Member Schedule Part Mem Width CX007 1 8.0000 RBX009 2 8.0000 3 8.0000 RBX013 4 8.0000 5 8.0000 RBX014 6 8.0000 7 8.0000 RBX015 8 8.0000 9 8.0000 CX008 10 8.0000 28 -10 1/2 3 3'-10 1/2" 2 2 @ 2'-6 1/8" 1 8 1/2" ❑ Dimension Key Thick WebThk. Depthl Depth2 Approx.Lgth .5000 .3125 1'-0" 4'-11" 28'-0 5/16" .7500 .2500 3'-11" 2'-10" 20'-4" .6250 .1875 2'-10" 2'-10" .3750 .1875 2'-10" 2'-10" .6250 .1875 2'-10" 3'-4" .6250 .1875 3'-4" 3'-0" .3750 .1875 3'-0" 3'-0" .5000 .1875 3'-0" 3'-0" .5000 .3125 3'-0" 4'-5" .6250 .2500 1'-0" 4'-3" (2)HFB6022 HFB5077 (2)HFB4050 35'-0 1/16" 35'-0 1/16" 19'-2 1/8" 25'-7 11/16" Approx.Weight 2185# 1418# 1934# 1947# 1296# 1810# 120'-0 5/16" 0.2500:12 (2)GFB4093 RBX009 RBX013 T T- O 0 23 @ 5'-0" T Frame Clearances Horiz. Clearance between members 1(CX007) and 10(CX008): 109'-4 15/16" Vert. Clearance at member 1(CX007): 23'-11 9/16" Vert. Clearance at member 10(CX008): 20'-11 5/8" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) BL 7 N 0 P�0 0 O 0 0 O 0 0 0 0 120'-0" RBX014 RBX015 (2)GFB5057 ❑2 FRAME CROSS SECTION AT FRAME LINE(S) 11 Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 Wall 4, Frame 11 (2)GFB5077<S> (2)HFB4027 BL OBolt Connection & Plate Schedule Id Qty Grade A 12 A325 B 4 A325 C 14 A325 D 12 A325 <S> - (2) Washers 26'-4 1/2" Bolt Bolt Plate Rows Rows PartNo Dia. Length Thick. Out In 7/8" 3 1/2" 3/4" 4 2 0097380 3/4" 2 1/2" 3/8" 1 1 0097284 3/4" 2 1/2" 5/8" 3 4 0097284 1" 3 1/2" 5/8" 4 2 0097288 (095872) req'd at Flange Brace to Secondary. 1. USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS, SECONDARY CLIP CONNECTIONS, AND FLANGE BRACE CONNECTIONS, UNLESS NOTED OTHERWISE. 2. SLOT REINFORCEMENT PLATES NEED NOT BE LOCATED ON THE SAME SIDE OF THE WEB AS THE HILLSIDE WASHER. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Frame at 11 REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDER POP <BUTLER.> e Butler Manufacturing VPC VERSION: ADVNXT 5.7 JOB K'. DATE 2/6/2023 DRAWN/CHECK'. PAGE'. VPC FILENAME'. ativ133301M384 nmn 18:15:OS a tll Nion of OeSwpe BUIItlIPgs Noah America Ino. Page 364 of 435 Frame Member Schedule Part Mem Width CX007 1 8.0000 RBX009 2 8.0000 3 8.0000 RBX013 4 8.0000 5 8.0000 RBX014 6 8.0000 7 8.0000 RBX015 8 8.0000 9 8.0000 CX008 10 8.0000 28 -10 1/2 3 3'-10 1/2" 2 2 @ 2'-6 1/8" 1 8 1/2" ❑ Dimension Key Thick WebThk. Depthl Depth2 Approx.Lgth .5000 .3125 1'-0" 4'-11" 28'-0 5/16" .7500 .2500 3'-11" 2'-10" 20'-4" .6250 .1875 2'-10" 2'-10" .3750 .1875 2'-10" 2'-10" .6250 .1875 2'-10" 3'-4" .6250 .1875 3'-4" 3'-0" .3750 .1875 3'-0" 3'-0" .5000 .1875 3'-0" 3'-0" .5000 .3125 3'-0" 4'-5" .6250 .2500 1'-0" 4'-3" (2)HFB6022 HFB5077 (2)HFB4050 35'-0 1/16" 35'-0 1/16" 19'-2 1/8" 25'-7 11/16" Approx.Weight 2185# 1418# 1934# 1947# 1296# 1810# 120'-0 5/16" 0.2500:12 (2)GFB4093 RBX009 RBX013 T T- O 0 23 @ 5'-0" T Frame Clearances Horiz. Clearance between members 1(CX007) and 10(CX008): 109'-4 15/16" Vert. Clearance at member 1(CX007): 23'-11 9/16" Vert. Clearance at member 10(CX008): 20'-11 5/8" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) BL 7 N 0 P�0 0 O 0 0 O 0 0 0 0 120'-0" RBX014 RBX015 (2)GFB5057 ❑2 FRAME CROSS SECTION AT FRAME LINE(S) 12 Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 Wall 4, Frame 12 (2)GFB5077<S> (2)HFB4027 BL OBolt Connection & Plate Schedule Id Qty Grade A 12 A325 B 4 A325 C 14 A325 D 12 A325 <S> - (2) Washers 26'-4 1/2" Bolt Bolt Plate Rows Rows PartNo Dia. Length Thick. Out In 7/8" 3 1/2" 3/4" 4 2 0097380 3/4" 2 1/2" 3/8" 1 1 0097284 3/4" 2 1/2" 5/8" 3 4 0097284 1" 3 1/2" 5/8" 4 2 0097288 (095872) req'd at Flange Brace to Secondary. 1. USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS, SECONDARY CLIP CONNECTIONS, AND FLANGE BRACE CONNECTIONS, UNLESS NOTED OTHERWISE. 2. SLOT REINFORCEMENT PLATES NEED NOT BE LOCATED ON THE SAME SIDE OF THE WEB AS THE HILLSIDE WASHER. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Frame at 12 REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDER POP <BUTLER.> e Butler Manufacturing VPC VERSION: ADVNXT 5.7 JOB K'. DATE 2/6/2023 DRAWN/CHECK'. PAGE'. VPC FILENAME'. ativ133301M384 nmn 18:15:OS a tll Nion of OeSwpe BUIItlIPgs Noah America Ino. Page 365 of 435 Frame Member Schedule Part Mem Width CX005 1 8.0000 RBX009 2 8.0000 3 8.0000 RBX010 4 8.0000 5 8.0000 RBX011 6 8.0000 7 8.0000 RBX012 8 8.0000 9 8.0000 CX006 10 8.0000 28 -10 1/2 3 3'-10 1/2" 2 2 @ 2'-6 1/8" 1 8 1/2" ❑ Dimension Key Thick WebThk. Depthl Depth2 Approx.Lgth .5000 .3125 1'-0" 4'-11" 28'-0 5/16" .7500 .2500 3'-11" 2'-10" 20'-4" .6250 .1875 2'-10" 2'-10" .3750 .1875 2'-10" 2'-10" .6250 .1875 2'-10" 3'-4" .6250 .1875 3'-4" 3'-0" .3750 .1875 3'-0" 3'-0" .5000 .1875 3'-0" 3'-0" .5000 .3125 3'-0" 4'-5" .6250 .2500 1'-0" 4'-3" (2)HFB6022 HFB5077 (2)HFB4050 35'-0 1/16" 35'-0 1/16" 19'-2 1/8" 25'-7 11/16" Approx.Weight 2185# 1418# 1934# 1947# 1296# 1810# 120'-0 5/16" 0.2500:12 (2)GFB4093 1 RBX010 T T- 23 @ 5'-0" O 0 O T Frame Clearances Horiz. Clearance between members 1(CX005) and 10(CX006): 109'-4 15/16" Vert. Clearance at member 1(CX005): 23'-11 9/16" Vert. Clearance at member 10(CX006): 20'-11 5/8" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) BL 7 N 0 PO 0 O 0 O 0 T-- 0 0 0 120'-0" RBX011 RBX012 (2)GFB5057 ❑2 FRAME CROSS SECTION AT FRAME LINE(S) 13 Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 Wall 4, Frame 13 (2)GFB5077<S> (2)HFB4027 BL OBolt Connection & Plate Schedule Id Qty Grade A 12 A325 B 4 A325 C 14 A325 D 12 A325 <S> - (2) Washers 26'-4 1/2" Bolt Bolt Plate Rows Rows PartNo Dia. Length Thick. Out In 7/8" 3 1/2" 3/4" 4 2 0097380 3/4" 2 1/2" 3/8" 1 1 0097284 3/4" 2 1/2" 5/8" 3 4 0097284 1" 3 1/2" 5/8" 4 2 0097288 (095872) req'd at Flange Brace to Secondary. 1. USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS, SECONDARY CLIP CONNECTIONS, AND FLANGE BRACE CONNECTIONS, UNLESS NOTED OTHERWISE. 2. SLOT REINFORCEMENT PLATES NEED NOT BE LOCATED ON THE SAME SIDE OF THE WEB AS THE HILLSIDE WASHER. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Frame at 13 REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDER POP <BUTLER.> e Butler Manufacturing VPC VERSION: ADVNXT 5.7 JOB K'. DATE 2/6/2023 DRAWN/CHECK'. PAGE'. VPC FILENAME. ativ133301M384 nmn 18:15:OS a tll Nion of OeSwpe BUIItlIPgs Noah America Ino. Page 366 of 435 Frame Member Schedule Part Mem Width CX003 1 8.0000 RBX005 2 8.0000 3 8.0000 RBX006 4 8.0000 5 8.0000 RBX007 6 8.0000 7 8.0000 RBX008 8 8.0000 9 8.0000 CX004 10 8.0000 28 -10 1/2 3 3'-10 1/2" 2 2 @ 2'-6 1/8" 1 8 1/2" ❑ Dimension Key Thick WebThk. Depthl Depth2 Approx.Lgth .5000 .3125 1'-0" 4'-10" 28'-0 5/16" .6250 .2500 4'-4" 2'-9" 20'-5" .6250 .1875 2'-9" 2'-9" .3750 .1875 2'-9" 2'-9" .6250 .1875 2'-9" 3'-4" .6250 .1875 3'-4" 2'-7" .5000 .1644 2'-7" 2'-7" .6250 .1875 2'-7" 2'-7" .6250 .2500 2'-7" 4'-4" .5000 .3125 1'-0" 4'-5" (2) HFB6022 HFB5077 (2) HFB4050 35'-0 1/16" 35'-0" 18'-11 15/16" 25'-7 3/4" Approx.Weight 2124# 1375# 1925# 1921# 1265# 1848# 0 m 0) 6 @ 2'-6" (2)GFB5057 120'-0 5/16" 0.2500:12 N N 0 B RBX006 T T- T 18 @ 5'-0" Frame Clearances Horiz. Clearance between members 1(CX003) and 10(CX004): 109'-3 15/16" Vert. Clearance at member 1(CX003): 23'-6 5/8" Vert. Clearance at member 10(CX004): 21'-0 5/8" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) BL 120'-0" 7 RBX007 RBX008 4 @ 2'-6" 0 FRAME CROSS SECTION AT FRAME LINE(S) 14 Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 Wall 4, Frame 14 (2)GFB5077 (2)HFB4050 BL 26'-4 1/2" ()Bolt Connection & Plate Schedule Id Qty Grade Bolt Bolt Plate Rows Rows PartNo Dia. Length Thick. Out In A 12 A325 7/8" 3 1/2" 3/4" 4 2 0097380 B 6 A325 3/4" 2 1/2" 3/8" 1 1 0097284 C 12 A325 3/4" 2 1/2" 5/8" 2 4 0097284 D 8 A325 3/4" 2 1/2" 3/8" 1 2 0097284 E 12 A325 1" 3 1/2" 5/8" 4 2 0097288 1. USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS, SECONDARY CLIP CONNECTIONS, AND FLANGE BRACE CONNECTIONS, UNLESS NOTED OTHERWISE. 2. SLOT REINFORCEMENT PLATES NEED NOT BE LOCATED ON THE SAME SIDE OF THE WEB AS THE HILLSIDE WASHER. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Frame at 14 REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDER POIX <BUTLER.> e Butler Manufacturing VPC VERSION: ADVNXT 5.7 JOB K'. DATE 2/6/2023 DRAWN/CHECK'. PAGE'. VPC FILENAME. acNIM01M384 nmn 18 OS a tll Nion of McSwpe BUIItlIPgs Noah America Ino. Page 367 of 435 Frame Member Schedule Part Mem Width CX001 1 5.0000 RBX016 2-5 5.0000 RBX002 6 5.0000 RBX017 7-9 5.0000 RBX018 10-13 5.0000 CX002 14 5.0000 EPX004 15 6.0000 EPX005 16 6.0000 EPX006 17 6.0000 5 3'-10 1/2" 4 2 @ 2'-6 1/8" 3 3'-6" 2 4'-0" 1 8 1/2" ❑ Dimension Key Thick .1875 .1875 .1345 .1875 .1875 .1875 .2500 .2500 .2500 0 1n L m❑ WebThk. .1345 .1345 .1345 .1345 .1345 .1345 .1345 .1345 .1345 GFB2063 GFB2063 Depthl 1'-2" 1'-3" 1'-3" 1'-3" 1'-3" 11" 1'-0" 1'-0" 11" Depth2 1'-2" 1'-3" 1'-3" 1'-3" 1'-3" 11" 1'-0" 1'-0" 11" Approx.Lgth 26'-9 5/16" 35'-11 9/16" 20'-0 3/8" 30'-0 1/16" 33'-11 13/16" 24'-3 7/8" 26'-2 1/16" 25'-6 9/16" 24'-11 1/16" Approx.Weight Detail Cee Mark No 365# 483# 240# 410# 458# 296# 430# BR25BD JCP053077 420# BR25BD JCP053077 398# BR25BD JCP053067 i 6 @ 2'-6" 120'-0 5/14" 0.2500:12 0 0 PO 0 0 PO w 0 N 18 @ 5'-0" 0 0 0 N Frame Clearances Horiz. Clearance between members 1(CX001) and 14(CX002): 116'-6" Vert. Clearance at member 1(CX001): 26'-9" Vert. Clearance at member 14(CX002): 24'-3 7/8" Vert. Clearance at member 15(EPX004): 26'-2" Vert. Clearance at member 16(EPX005): 25'-6 1/2" Vert. Clearance at member 17(EPX006): 24'-11" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) 0 0 0 0 O 0 0 0 t4 @ 2'-6" 0 N 10 0 O 10 0 O IT r r T T- 7-" C.' II 1 II - i� --rO--r---T---T---L------r--- w w w w - -T- T --7 -- - K� r r - 7w - T T f I� 1- I= 1- 1- x cx001 0 EPX004 BRSX001 RBX002 (2) GFB2050 0 X a M in O (2)GFB2050 a W 7 2)GFB2050 00 X to a - m O -(2)GFB2050 k W - I 01 f 8 ti N (2)GFB2050 o -6-1 U H 30'-0" CL 30'-0" CL 30'-0" CL 30'-0" 120 -0" BL 3 (1)JCP053067 2 (1)JCP053077 1 (1)JCP053077 0 Part Key FRAME CROSS SECTION AT FRAME LINE(S) 15 Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 Wall 4, Frame 15 GFB2050 GFB2050 BL ()Bolt Connection & Plate Schedule Id Qty Grade Bolt Bolt Dia. Length A 4 A325 1/2" 1 1/2" B 6 A325 1/2" 1 1/2" C 8 A325 1/2" 1 1/2" D 8 A325 1/2" 1 1/2" Plate Thick. 3/8" 1/4" 1/4" 1/4" Rows Out 1 2 3 2 4 0 rn M Rows PartNo In 1 49080 1 49080 1 49080 2 49080 1. USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS, SECONDARY CLIP CONNECTIONS, AND FLANGE BRACE CONNECTIONS, UNLESS NOTED OTHERWISE. 2. SLOT REINFORCEMENT PLATES NEED NOT BE LOCATED ON THE SAME SIDE OF THE WEB AS THE HILLSIDE WASHER. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Frame at 15 REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa aaoJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDERSPOP <BUTLER> • Butler Manufacturing vac VERSION. ADVNXT 5.7 JOB K'. DATE 2/6/2023 DRAWNICHECK: PAGE: VPC FILENAME.acIVI M01M384 nmn 18 OS a tll Pion of McSwpe BUIItlIPgs North America Ino. Page 368 of 435 Secondary Mark El E2 E3 E4 P1 P2 P3 P4 P5 P6 P7 Part Schedule Part 11H2911411ADB30 11E2911416ADB30 11H2911411DDB30 11E2911416DDB30 10Z3311415A5B3 10Z3311413A5B3 10Z3311411A5B3 10Z371141555B2 10Z371141355B2 10Z371141655B2 00110ZS3311415B3 OSecondary Bracing Schedule Id Qty Mark No 1 18 PBA0209 2 72 CPBB020708 3 672 CPBB050108(Typ.) 4 32 CPBB020712 5 77 PBA0210 6 59 PBA0503 See SED: BRO9K5, BRO9JG, BRO9RY, BRO9RZ, BRO9JR BRO9JH, BRO9K2 Thick. 0.1130 0.0680 0.1130 0.0680 0.0730 0.0880 0.1130 0.0730 0.0880 0.0680 0.0730 O 1 1'-0" Dimension Key Depth Lap 11 1/2" 11 1/2" 11 1/2" 11 1/2" 10" 10" 10" 10" 10" 10" 10" 0 0 1-1 Spacing 2'-6" 2'-6" 5'-0" 2'-6 1/8" 2'-6 1/8" 5'-0" 3'-10 3'-10 3'-10 3'-10 3'-10 3'-10 3'-10 1/2" 1/2" 1/2" 1/2" 1/2" 1/2" 1/2" Detail RS12PF, RS12PH, BRO9W2 RS12PA, RSO2T1, RSO2T1, RSO2T1, RSO1U1 RSO1U1 RSO1U1 RSO2T1, BRO9W2 RS12PA, RS12PJ RS12PJ RS11SB, RSO1U1 RSO1U1 RSO1U1 RS11SB, RSO1U1 5 O6 7 O8 ® (10 / TiU ' /, 1 f /, � ! f1 ' 1 ♦ ! f `1 1 f ► 1 ! f..'.,1, ♦ 1 f `1, .-1\ f1.. 1, L.i !Q • L, -1\ E e L:.t\ . A Li ll8 ♦ , i i;;yj �s'' !„ l�.S':.f !u lai aJ • l;,:J lasal • !;. aJ. 1,.i 0 l ,t,,.11 1we12 l ,;,,i i;;;i,;i;•�;' •'% �i;'y;i;•ii �y 0 �..•;, r. �,i I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 :-..','""" 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 w.N• 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I 1 1 1 1 1 1 1 1 1 1 I I I 1 1 1 1 I P, 1 1 Pd I 1 1 I 1 . P ---1-P.7 1 1 1 1 I I I I I I I I I I I I I I I I 7 11 I I i +— I I I 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I 1 1 1 1 I I 1 1 I 1 1 1 1 [I I I I I 1 1 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I I I 1 1 1 1 1 1 1 1 1 1 1 1 I I 1 1 1 1 1 1 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I I I 1 1 I I I I 1 I I 1 I I I I I I I 1 1 I I 1 I I 1 I I 1 1 I I I I I P, 1 1 P� I 1 1 1 1 I 1 1 1 1 P.i I P.� I [1 I 1 I P.g 1 1 I I I I 1 1 I I 1 1 I I 1 1 1 1 I I 1 1 I 1 1 1 1 I I I I 1 1 1 1 1 01 I 1 1 I I I I I I I I I 1 1 1 1 1 1 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 1 1 1 I I 1 1 I I 1 1 I I I I I I I I I 1 1 1 1 I 1 1 1 I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I I I I I [I I I I I 1 1 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I I I 1 1 1 1 I I I I I I Pg I I I I I P� I I I I I I I I I I I I I I I I I I P I I I I I P4 P1 I i i I � I � � I I � I 1 1 I I I .% 1 1 1 1 1 1 11 1 1 11 1 1 11 1 1 11 1 1 11 1 1 11 1 1 11 1 11 1 1 11 1 1 11 1 1 11 1 1 11 1 1 1 1111 G H1 �;'. •• ��; r, 1; �;; �, I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 ••,•, �•.':,•;, ;:a;;� '' ' r - %I © 4etti © 4�rt;'i © 4CO © 4ty':3 © • 4di,'5 ' ©l 6,4'';; © • 40N © • 40,'5 ' ©• 4,4'3 © • 40t © • 4dVa• .. %� 29'-0" 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 29'-0" BL 420 -0" ROOF SECONDARY PLAN Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 BL ()Part Mark Key 1 001SGA08086 2 001SGA18084 3 001SGA19114 4 001SGA12054 5 002SGA08086 6 002SGA18084 7 002SGA19114 8 002SGA12054 1. UNLESS NOTED, USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS. 2. FLANGE BRACES ARE AN INTEGRAL PART OF THE STABILITY OF THE STRUCTURAL SYSTEM AND MUST BE PROPERLY INSTALLED PRIOR TO ERECTION OF WALL AND ROOF SHEETS. 3. REMOVAL OR ALTERATION OF ANY COMPONENT IS PROHIBITED. THE BUTLER MFG. ENGINEERS SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEERS SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 ROOF SECONDARY PLAN REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDERSPOM CDUTLER) Butler Manufacturing vac VERSION. ADVNXT 5.7 JOB i/ DATE 2/6/2023 DRAWN/CHECK: PAGE: VPC FII FNAMF. ativ133301M384 nmn 18:15:08 a tll Nion of BaJeSwpe 6.ings North America Ino. Page 369 of 435 Secondary Mark G1 G2 G3 G4 G5 G6 G7 J1 J2 Part Schedule Part 00108ZS090841700 00208ZS330241500 08Z3302415Q500 08Z35114164400 08Z35114174400 00308ZS330241500 08Z3302413Q500 00108JS0702217 00208JS0702217 0 Thick. 0.0600 0.0730 0.0730 0.0680 0.0600 0.0730 0.0880 0.0600 0.0600 Depth Lap 8 1/2" 8 1/2" 8 1/2" 8 1/2" 8 1/2" 8 1/2" 8 1/2" 8 1/2" 8 1/2" 3'-10 3'-10 2'-10 2'-10 3'-10 3'-10 1/2" 1/2" 1/2" 1/2" 1/2" 1/2" Detail WS12A2, WS12A2, WS12A2, BRR052, BRR052, WS12A2, WS12A2, BR10F5, BR10F5, WS20F2, BR10F5, WS01G3, WS01G3 WS01G3 BR10F5, BRR052, WS20B2, WS20B2, BR10F5, BRR052 WS01G3, BRR052 BRR052 BRR052, WS01G3 WS01G3 WS20B8 WS20B8 Y -/ Os l'S G7 G3(Typ.) G5 k' G5(Typ.) G3 O ' K p.) G4 G4 G3 O ' G6 q G2 0,o © O G1 n ph4e / n Gl 10'-9" 1W1B0 30'-0" CL 1W1B1 30'-0" Bracing Part Schedule BL Part Qty Length 05RS3905 1 39'-5" 05RS3900 1 39'-0" 3 3'-10 1/2" 2 3'-6" 1 4'-0" Dimension Key Detail BR01G2 BR01G2 4 GFA106 3 PG1 2 JTG1 1 VCC07003090 ()Part Mark Key CL 120 -0" 1W1B2 30'-0" 1W1B3 CL 30'-0" 10'-9" SECONDARY ELEVATION AT 1 Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23, Wall = 1 BL 28'-10 1/2" 1. UNLESS NOTED, USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS. 2. FLANGE BRACES ARE AN INTEGRAL PART OF THE STABILITY OF THE STRUCTURAL SYSTEM AND MUST BE PROPERLY INSTALLED PRIOR TO ERECTION OF WALL AND ROOF SHEETS. 3. REMOVAL OR ALTERATION OF ANY COMPONENT IS PROHIBITED. THE BUTLER MFG. ENGINEERS SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEERS SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Secondary at 1 REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDERSPOP <BUTLER> • Butler Manufacturing vPc VERSION. ADVNXT 5.7 JOBK'. DATE 2/6/2023 DRAWNICHECK: PAGE: VPC FII FNAW. ativ133301M384 nmn 18:15:09 a tll Pion of McSwpe BUIItlIPgs North America Ino. Page 370 of 435 Secondary Mark G10 Gl1 G5 G8 G9 J1 J2 Part Schedule Part 08Z3311416A500 00608ZS331141600 08Z35114174400 00408ZS100541700 00508ZS331141600 00108JS0702217 00208JS0702217 Thick. 0.0680 0.0680 0.0600 0.0600 0.0680 0.0600 0.0600 (14) Depth 8 1/2" 8 1/2" 8 1/2" 8 1/2" 8 1/2" 8 1/2" 8 1/2" Lap 3'-10 1/2" 3'-10 1/2" 2'-10 1/2" 3'-10 1/2" Detail WS12A2, WS12A2, BRR052, WS12A2, WS12A2, BR10F5, BR10F5, BRR052, WS01G3 BR10F5, WS01G3 WS20F2, BR10F5 BRR052, WS01G3 WS20B2, WS20B8 WS20B2, WS20B8 BRR052, WS01G3 s�9 s39oS (Typ. ) h -G10 (T )- —G10 G5(Typ.) G5(Typ.) Typ.) G5(Typ.) G5(Typ.) G5(Typ.) G5(Typ.) G5(Typ.) G5(Typ.) Typ.) G5(Typ.) G5(Typ.) - ^ h G9 (R y 4 Gn 0 h 8- CL 1W2B1 29'-0" CL 1W2B2 30'-0" CL 1W2B3 30'-0" CL 1W2B4 30'-0" CL 1W2B5 30'-0" CL 1W2B6 30'-0" CL 1W2B7 30'-0" BL Bracing Part Schedule Part Qty Length 05RS3905 4 39'-5" 4 3'-10 1/2" 3 3'-6" 2 4'-0" 1 1'-0" Dimension Key Detail BR01G2 3 0543333 2 PG1 1 JTG1 ()Part Mark Key CL 420 -0" 1W2B8 30'-0" 1W2B9 30'-0" CL CL 1W2B10 1W2B11 30'-0" 30'-0" CL CL 1W2B12 30'-0" 1W2B13 30'-0" CL CL 1W2B14 29'-0" C SECONDARY ELEVATION AT A Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23, Wall = 2 BL 1. UNLESS NOTED, USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS. 2. FLANGE BRACES ARE AN INTEGRAL PART OF THE STABILITY OF THE STRUCTURAL SYSTEM AND MUST BE PROPERLY INSTALLED PRIOR TO ERECTION OF WALL AND ROOF SHEETS. 3. REMOVAL OR ALTERATION OF ANY COMPONENT IS PROHIBITED. THE BUTLER MFG. ENGINEERS SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEERS SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Secondary at A REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDERSPOP <BUTLER> • Butler Manufacturing vPc VERSION. ADVNXT 5.7 JOBK'. DATE 2/6/2023 DRAWNICHECK: PAGE: VPC PII FNism ativ13330 nu nmn 18:15:09 a tll Pion of McSwpe BUIItlIPgs North America Ino. Page 371 of 435 Secondary Mark G1 G2 G3 G4 G5 G6 G7 J1 J2 Part Schedule Part 00108ZS090841700 00208ZS330241500 08Z3302415Q500 08Z35114164400 08Z35114174400 00308ZS330241500 08Z3302413Q500 00108JS0702217 00208JS0702217 28'-10 1/2" 0 Y Thick. 0.0600 0.0730 0.0730 0.0680 0.0600 0.0730 0.0880 0.0600 0.0600 Depth Lap 8 1/2" 8 1/2" 8 1/2" 8 1/2" 8 1/2" 8 1/2" 8 1/2" 8 1/2" 8 1/2" 3'-10 3'-10 2'-10 2'-10 3'-10 3'-10 1/2" 1/2" 1/2" 1/2" 1/2" 1/2" Detail WS12A2, WS12A2, WS12A2, BRR052, BRR052, WS12A2, WS12A2, BR10F5, BR10F5, WS20F2, BR10F5, BRR052, WS01G3 WS01G3 BR10F5, WS01G3, WS20B2, WS20B2, BR10F5, BRR052 WS01G3, BRR052 WS01G3 BRR052, WS01G3 BRR052 WS20B8 WS20B8 Y ' I I II I �� \G7 O I OO 4) SS �0S C ' G3 G5(Typ.) G5(Hi G3(Typ.) G3 O G2 .) G4 ^' V ' m G4 0 0 4- Z G6 GP O G1 n G1 10'-9" 1W3B0 30'-0" CL 1W3B1 30'-0" Bracing Part Schedule BL Part Qty Length 05RS3900 1 39'-0" 05RS3905 1 39'-5" 2 3'-6" 1 4'-0" Dimension Key Detail BR01G2 BR01G2 4 GFA106 3 PG1 2 JTG1 1 VCC07003090 O Part Mark Key CL 120 -0" 1W3B2 30'-0" 1W3B3 CL 30'-0" 10'-9" SECONDARY ELEVATION AT 15 Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23, Wall = 3 EL 1. UNLESS NOTED, USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS. 2. FLANGE BRACES ARE AN INTEGRAL PART OF THE STABILITY OF THE STRUCTURAL SYSTEM AND MUST BE PROPERLY INSTALLED PRIOR TO ERECTION OF WALL AND ROOF SHEETS. 3. REMOVAL OR ALTERATION OF ANY COMPONENT IS PROHIBITED. THE BUTLER MFG. ENGINEERS SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEERS SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Secondary at 15 REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDERSPOA <BUTLER> • Butler Manufacturing vPc VERSION. ADVNXT 5.7 JOBK'. DATE 2/6/2023 DRAWN/CHECK: PAGE: VPC FII FNAW: acIAIM01M384 nmn 18:15:09 a A Nion of BAeSwpe DAMiPgs North America Ino. Page 372 of 435 Secondary Part Schedule Mark Part Thick. G10 08Z3311416A500 0.0680 8 G11 00608ZS331141600 0.0680 8 G12 08Z3311415A500 0.0730 8 G13 00708ZS370841400 0.0790 8 G14 00808ZS370841700 0.0600 8 G15 08Z33114163300 0.0680 8 G16 08Z33114173300 0.0600 8 G17 08Z37114165500 0.0680 8 G18 08Z37114175500 0.0600 8 G19 00908ZS220541700 0.0600 8 G20 01008ZS380841600 0.0680 8 G21 01108ZS050541700 0.0600 8 G22 01208ZS050541700 0.0600 8 G23 01308ZS380841500 0.0730 8 G24 01408ZS370841400 0.0790 8 G25 01508ZS370841700 0.0600 8 G4 08Z35114164400 0.0680 8 G5 08Z35114174400 0.0600 8 1/2" G8 00408ZS10054 0 0.06 8 1/2" G9 00508ZS3311 l0 0.0 8d 8 1/2'EiJ 3'-10 1 H1 00308JS200001 0.060 8 1/2" H2 00708JS090001 0.060 8 1/2" J1 00108440702217 0.0600 8 1/2" J2 0 02217-----eTo6e3----8-r/-2"- J3 00 0 0221 GET20793 8 1/2" J4 00 08 0404417 GMG OG0) 0 1/2" J5 00 08 050141+ G]p0. 0603 G5 (f'yp/-21«-- J6 00 0 0221 N_,,, G(4.060) 1 41/Z" h 1W4B1 29'-0" CL CL Depth Lap 1/2" 3'-10 1/2" 3'-10 1/2" 3'-10 1/2" 2'-10 1/2" 2'-10 1/2" 1'-10 1/2" 1'-10 1/2" 3'-10 1/2" 3'-10 1/2" 1/2" 3'-10 1/2" 1/2" 1/2" 1/2" 3'-10 1/2" 1/2" 2'-10 1/2" 1/2" 2'-10 1/2" 1/2" 2'-10 1/2" 2'-10 1/2" 1W4B2 30'-0" CL 30'-0" CL Detail 1/2" WS12A2, 1/2" WS12A2, 1/2" WS12A2, 1/2" WS20F2, 1/2" WS20F2, 1/2" BRR052, 1/2" BRR052, 1/2" BRR052, 1/2" BRR052, BRR052, BRR052, BRR052, WS20F2 WS20F2, BRR052, BRR052, BRR052, BRR052, WS12A WS12 WS20F9 WS20F9 BR10F5 30'-0" BRR052, BR10F5, BRR052, BRR052, BRR052, WSO1G3 WSO1G3 WS01G3 WS01G3 WS01G3, WSO1G3, WSO1G3, WS01G3 BRR052, WS01G3 WS01G3 WS01G3 WS20F2 WS20F2 WS20F2 BRR052, WS01G3 WS01G3, WS20F2 WS01G3, WS20F2 WSO1G3 WSO1G3 WS20F2, B F5 RR052, S6 3 WS20B2, WS20B8 S20B-eB8- 5flfl-"20'-0" CL 30'-0" CL WS01G3 30'-0" 30'-0" CL BL Bracing Part Schedule Part Qty Length 06RS4100 4 41'-0" 4 3'-0" 3 3'-6" 2 4'-0" 1 1'-0" Dimension Key Detail BR01G2 3 TSC1 2 PG1 1 JTG1 ()Part Mark Key 030 1404B8 1W4B9 30'-0" 30'-0" CL CL 420 -0" CL 30'-0" e2 5 p'>G2 4 64 1W4B11 CL r (14) 30'-0" CL G5(Typ.) 1W4B12 30'-0" CL G5(Typ.) G4 1W4B13 G12 G10I G10 G I "-G8 N I 1W4 14 30'-0" 29'-0" �# CL CI SECONDARY ELEVATION AT E Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23, Wall = 4 BL 1. UNLESS NOTED, USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS. 2. FLANGE BRACES ARE AN INTEGRAL PART OF THE STABILITY OF THE STRUCTURAL SYSTEM AND MUST BE PROPERLY INSTALLED PRIOR TO ERECTION OF WALL AND ROOF SHEETS. 3. REMOVAL OR ALTERATION OF ANY COMPONENT IS PROHIBITED. THE BUTLER MFG. ENGINEERS SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEERS SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Secondary at E REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDERSPOP <BUTLER> • Butler Manufacturing vPc VERSION. ADVNXT 5.7 JOBK'. DATE 2/5/2023 DRAWNICHECK: PAGE: VPC FII FNAW. ativ133301M384 nmn 18:15:09 a tll Pion of McSwpe BUIItlIPgs North America Ino. Page 373 of 435 Covering Schedule Id Qty Start Length #9 105 41'-0 1/4" #10 105 45'-6" #11 105 35'-5 1/2" Oper. Code:13=SQ, NT Oper. Code:10=SQ, NT Oper. Code:11=SQ, SQ Finish:Z=A1Zn Color:AZ=Plain A1Zn Accessory Schedule Qty 7 10 3 Color Beige Cool Shell Gray Beige T1 Qty 105 105 105 Stagger Length 46'-0 1/4" 45'-6" 30'-5 1/2" Type MR24 MR24 MR24 Gage 24 24 24 OP 13 10 11 Color AZ AZ AZ Direction Right to Left Right to Left Right to Left Trim Schedule Id Parts T1 0630043 Color Match Wall Color (14) Details T1 17 T T I7 11 n T T T n 1 1 2 2 1 L 0 0 0 ) 9 0 L -1- r T IT n T T T n Description 3070 Door - Standard Shadowall 3070 Walk Door Trim Detail BL 3070 Door - Standard 420'-0" ROOF COVERING PLAN Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 1 BL Planograph Schedule Id Details Ti P-080572, P-081236, P-103223, P-104542, P-104714 1. PRE -DRILLING 1/8 DIAMETER HOLES FOR STRUCTURAL FASTENERS MAY BE REQUIRED FOR HEAVY GAGE NESTED ZEE's AND/OR FASTENERS TO STRUCTURAL BEAMS 2. STEEL PANELS ARE AN INTEGRAL PART OF THE STRUCTURAL SYSTEM. REMOVAL OR ALTERATION WITHOUT PRIOR AUTHORIZATION IS PROHIBITED. 3. DUE TO MANUFACTURING LIMITATIONS SHORT PANELS MAY REQUIRE FIELD CUTTING, SEE THE COVERING SCHEDULE FOR CUT LENGTHS. 4. SEE JOB DETAILS FOR COVERING AND TRIM FASTENER SPECIFICATION. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 ROOF COVERING PLAN REV. DATE'. DESCRIPTION: BUILDER: Hauptly Construction Inc. CUSTOMER: LOCATION: Waterloo, Iowa PROJECT: Fischels West Parker Building DRAWING SCALE: NTS BUILDER'S POS: <BUTLER> • Butler Manufacturing VPC VERSION: ADVNXT 5.7 JOB M: DATE 2/6/2023 DRAWN/CHECK: PAGE: VPC FILENAME:.v1222012281 21W2B23 a di Nion of BlueScope Buildings North America Inc. Page 374 of 435 Covering Schedule Id Qty Type #1 40 SHP Oper. Code:1=SQ, SQ Finish:K=Butler-Cote Color:SY=Cool Shell Gray Start Length 26'-6 1/2" N Gage OP 26 1 Fin. Color Increment K SY 3/4" Direction Left to Right n T9 N N (40)111 T1 Trim Schedule Id Parts Ti (8)BG2215, (10)BT12A T2 (4)0620163, (3)SHOCT12 T3 (4.5)0620163, (3)SHOCT12 T4 (6)MRGT2OL, (10)SHCL12, (12)WA10A n Color Match Wall Color Match Wall Color Match Wall Color Cool Shell Gray Details ENB006, GV386, GV443, NV115, NV120 NV118, NV119, NV133, NV134 NV118, NV119, NV133, NV134 KV403, KV404, PV167 Y BL Fastener Schedule Part Description 0097365-112 (T-3) #12-14 x 1 1/4", T-30 Torx Hd w/Washer 0097364-112 (T-1) 1/4-14 x 3/4", T-30 Torx Hd w/Washer 120' 0" COVERING ELEVATION AT 1 Shape Name = 120 x 420 x 26-6 LS 8 29 HS LRST 1-30-23, Wall = 1 BL Planograph Schedule Id Details Ti P-081180, 9-081505 T2 P-081180, 9-081185 T3 9-081180, 9-081185 T4 P-081167, P-081183, P-GAI 28'-10 1/2" 1. PRE -DRILLING 1/8 DIAMETER HOLES FOR STRUCTURAL FASTENERS MAY BE REQUIRED FOR HEAVY GAGE NESTED ZEE's AND/OR FASTENERS TO STRUCTURAL BEAMS 2. STEEL PANELS ARE AN INTEGRAL PART OF THE STRUCTURAL SYSTEM. REMOVAL OR ALTERATION WITHOUT PRIOR AUTHORIZATION IS PROHIBITED. 3. DUE TO MANUFACTURING LIMITATIONS SHORT PANELS MAY REQUIRE FIELD CUTTING, SEE THE COVERING SCHEDULE FOR CUT LENGTHS. 4. SEE JOB DETAILS FOR COVERING AND TRIM FASTENER SPECIFICATION. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMA PION HEREON, REMAINS IHE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTFN APPROVAL OF BUTLFR MFG. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Covering at 1 DATE BY BUILDER Hauptly Construction Inc. CUSTOMER LOCATION: Waterloo, Iowa PROJECT: Fischels West Parker Building NTS BUIMMIS PCP: (BUTLER> • Butler Manufacturing eC VERSION. ADVNXT 5.7 JOB IN 2/6/2023 DRawarCM K. PAGE NV128, NV130, NV135, NV143, NV664, WCB082, WCB083, WCB085, WCB086, WSR065 216/2623 d: Ia. of SlueScope Buildings: WW1 Amedca Inc Page 375 of 435 Covering Schedule Id Qty Type #2 110 SHP #3 30 SHP Oper. Code:1=SQ, SQ Finish:K=Butler-Cote Color:SY=Cool Shell Gray Color:GT=Cool Gray Stone Start 26'-6 26'-6 F Length 1/4" 1/4" Gage OP 26 1 26 1 Fin. K K Color SY GT T5 Direction Left to Right Left to Right T6 Trim Id T1 T2 T3 T4 T5 T6 T7 T8 Schedule Parts (11)BG2215, (14)BT12A (6)BG2215, (7.5)BT12A CTB2L, CTB2R (4)0620163, (3)SHOCT12 (14)CLE12C, (14)SHCL12, (8)CLE12C, (7.5)SHCL12, 0008738, (2)4CE45, 4CE75, 0008738, (2)4CE45, 4CE75, (7)WGTR25 (4)WGTR25 (3)CP410 (3)CP410 T5 Color Match Wall Color Match Wall Color Match Wall Color Match Wall Color Cool Shell Gray Cool Shell Gray Match Wall Color Match Wall Color ( 55 T 2 ce ce T 2 55 2 I T BL Fastener Schedule Part Description 0097364-112 (T-1) 1/4-14 x 3/4", T-30 Torx Hd w/Washer 0097364-116 (T-1) 1/4-14 x 3/4", T-30 Torx Hd w/Washer 420' 0" COVERING ELEVATION AT A Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23, Wall = 2 3 BL Planograph Schedule Id Details T1 P-081180, P-081505 T2 P-081180, P-081505 T3 9-081180, 9-081505 T4 9-081180, 9-081185 T5 P-080082, 9-080089, T6 P-080082, 9-080089, T7 9-105224, 9-105225, T8 9-105224, 9-105225, Details ENB006, GV386, GV443, ENB006, GV386, GV443, ENB006, NV664 NV118, NV119, NV133, NV134 MV274, NV110, NV116, NV131 MV274, NV110, NV116, NV131 KV846 KV846 P-081241, P-105017 P-081241, P-105017 P-105228 P-105228 NV115, NV120 NV115, NV120 1. PRE -DRILLING 1/8 DIAMETER HOLES FOR STRUCTURAL FASTENERS MAY BE REQUIRED FOR HEAVY GAGE NESTED ZEE's AND/OR FASTENERS TO STRUCTURAL BEAMS 2. STEEL PANELS ARE AN INTEGRAL PART OF THE STRUCTURAL SYSTEM. REMOVAL OR ALTERATION WITHOUT PRIOR AUTHORIZATION IS PROHIBITED. 3. DUE TO MANUFACTURING LIMITATIONS SHORT PANELS MAY REQUIRE FIELD CUTTING, SEE THE COVERING SCHEDULE FOR CUT LENGTHS. 4. SEE JOB DETAILS FOR COVERING AND TRIM FASTENER SPECIFICATION. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTFN APPROVAL OF BUTLFR MFG. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Covering at A DATE BY BUILDER Hauptly Construction Inc. CUSTOMER LOCATION: Waterloo, Iowa PROJECT: Fischels West Parker Building NTS BUIMMISPOR (BUTLER> • Butler Manufacturing eC VERSION. ADVNXT 5.7 JOBS 2/6/2023 DRawarCM K. PAGE NV128, NV130, NV135, NV143, NV664, WCB082, WCB083, WCBO85, WCBOB6, WSRO65 NV128, NV130, NV135, NV143, NV664, WCB082, WCB083, WCBO85, WCBOB6, WSRO65 216/2623 d: Ia. of SlueScope Buildings: WW1 Amedca Inc Page 376 of 435 Covering Schedule Id Qty Type #4 40 SHP Oper. Code:1=SQ, SQ Finish:K=Butler-Cote Color:SY=Cool Shell Gray 28'-10 1/2" Start Length 28'-11 3/4" 7 F Gage OP 26 1 Fin. Color Increment K SY -3/4" Direction Left to Right T4 Trim Schedule Id Parts Ti (8)BG2215, (10)BT12A T2 CTB2L, CTB2R T3 (4.5)0620163, (3)SHOCT12 T4 (6)MRGT2OR, (10)SHCL12, (12)WA10A Color Match Wall Color Match Wall Color Match Wall Color Cool Shell Gray Details ENB006, GV386, GV443, NV115, NV120 ENB006, NV664 NV118, NV119, NV133, NV134 KV403, KV404, PV167 28'-10 1/4" 28'-9 1/2" 28'-8 3/4" 28'-7 1/4" 28'-6 1/2" 28'-5 3/4" 28'-3 1/2" 28'-2 3/4" 28'-1 1/4" 28'-0 1/2" 27'-11 3/4" 27'-10 1/4" N (40 T #4 27'-7 1/4" 27'-6 1/2" 27'-5 3/4" 27'-4 1/4" 27'-3 1/2" 27'-2 3/4" 27'-1 1/4" 27'-0 1/2" 26'-11 3/4" 26'-10 1/4" 26'-9 1/2" t T BL Fastener Schedule Part Description 0097365-112 (T-3) #12-14 x 1 1/4", T-30 Torx Hd w/Washer 0097364-112 (T-1) 1/4-14 x 3/4", T-30 Torx Hd w/Washer 120 0" 2 COVERING ELEVATION AT 15 Shape Name = 120 x 420 x 26-6 LS 8 29 HS LRST 1-30-23, Wall = 3 BL Planograph Schedule Id Details Ti P-081180, 9-081505 T2 P-081180, 9-081505 T3 9-081180, 9-081185 T4 P-081167, P-081183, P-GAI 1. PRE -DRILLING 1/8 DIAMETER HOLES FOR STRUCTURAL FASTENERS MAY BE REQUIRED FOR HEAVY GAGE NESTED ZEE's AND/OR FASTENERS TO STRUCTURAL BEAMS 2. STEEL PANELS ARE AN INTEGRAL PART OF THE STRUCTURAL SYSTEM. REMOVAL OR ALTERATION WITHOUT PRIOR AUTHORIZATION IS PROHIBITED. 3. DUE TO MANUFACTURING LIMITATIONS SHORT PANELS MAY REQUIRE FIELD CUTTING, SEE THE COVERING SCHEDULE FOR CUT LENGTHS. 4. SEE JOB DETAILS FOR COVERING AND TRIM FASTENER SPECIFICATION. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTFN APPROVAL OF BUTLFR MFG. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Covering at 15 DATE BY DESCRIPTION BUILDER Hauptly Construction Inc. CUSTOMER LOCATION: Waterloo, Iowa PROJECT: Fischels West Parker Building DRAWING SCALE' NTS RUIMM'S POP: (BUTLER> • Butler Manufacturing eC VERSION. ADVNXT 5.7 JOB q' 2/6/2023 MANNCMCIIC PAGE NV128, NV130, NV135, NV143, NV664, WCB082, WCB083, WCB085, WCB086, WSR065 WC FILENAME' acIv1212011284 216/2023 Page 377 of 435 Covering Schedule Id Qty Type #5 98 SHP #6 12 SHP #7 12 SHP #8 18 SHP Oper. Code:1=SQ, SQ Oper. Code:2=SQ, SQ Finish:K=Butler-Cote Color:SY=Cool Shell Gray Color:GT=Cool Gray Stone Start Length Gage OP 29'-0 1/4" 26 1 12'-11 3/8" 26 2 29'-0 1/4" 26 1 18'-11 3/8" 26 2 Fin. K K K K Color SY SY GT GT T10 Direction Left to Right Left to Right Left to Right Left to Right T11 Trim Schedule Id Parts T1 DSF12C T2 DFT10, DGS12 T3 (1.5)DSF12C T4 DFT12, DFT10, (2)DGS12 T5 (0.2)BG2215, (0.5)BT12A T6 (0.4)BG2215, (0.5)BT12A T7 (1.3)BG2215, (2)BT12A T8 (8.3)BG2215, (10.5)BT12A T9 CTB2L, CTB2R T10 (13.2)630598, (14)SHCL12, T11 (7.2)630598, (7.5)SHCL12, Color Details Match Wall Color NV568, NV569, WCB024, WCB025 Match Wall Color WCB144 Match Wall Color NV568, NV569, WCB024, WCB025 Match Wall Color WCB144 Match Wall Color ENB006, GV386, GV443, Match Wall Color ENB006, GV386, GV443, Match Wall Color ENB006, GV386, GV443, Match Wall Color ENB006, GV386, GV443, Match Wall Color ENB006, NV664 (2)0630393 Cool Shell Gray ENB004, NV110, NV667, RCB420 (2)0630393 Cool Shell Gray ENB004, NV110, NV667, RCB420 T10 T 9 4 2 T ) ♦i 3 5 L H i(3)1F6/ T4 011 7 T 45 7 ) S .4)34 Id) 4A E 2, 1$ 10)) 4b k2 E .d)48 k; F Id) 4e F N TS 7 T 44 F 2 T 15 8 T B BL 125'-0" t20 0 I- 23'-0" !' �'-9a-46" 1.-44 Fastener Schedule Part Description 0097364-112 (T-1) 1/4-14 x 3/4", T-30 Torx Hd w/Washer 0097364-116 (T-1) 1/4-14 x 3/4", T-30 Torx Hd w/Washer 1. PRE -DRILLING 1/6 DIAMETER HOLES FOR STRUCTURAL FASTENERS MAY BE REQUIRED FOR HEAVY GAGE NESTED ZEE's AND/OR FASTENERS TO STRUCTURAL BEAMS 2. STEEL PANELS ARE AN INTEGRAL PART OF THE STRUCTURAL SYSTEM. REMOVAL OR ALTERATION WITHOUT PRIOR AUTHORIZATION IS PROHIBITED. 3. DUE TO MANUFACTURING LIMITATIONS SHORT PANELS MAY REQUIRE FIELD CUTTING, SEE THE COVERING SCHEDULE FOR CUT LENGTHS. 4. SEE JOB DETAILS FOR COVERING AND TRIM FASTENER SPECIFICATION. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. 420' 0" Oa-1160 ' 0�23'-0"'j' 20' -0" 125 0 COVERING ELEVATION AT E Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23, Wall = 4 THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B REV DATE Planograph Schedule Id T1 T2 T3 T4 T5 T6 T7 T8 T9 BUTLER MANUFACTURING T10 1540 GENESSEE ST. KANSAS CITY, MO 64102 Tl1 BY 9 EL NV115, NV120 NV128, NV115, NV120 NV128, NV115, NV120 NV128, NV115, NV120 NV128, Details 2-081201, P-081202, 2-081203 P-081202 2-081201, P-081202, 2-081203 P-081202 P-081180, P-081505 P-081180, P-081505 P-081180, P-081505 P-081180, P-081505 -F-081180, P-081505 R 5N20 &P10EIZST 1-30-23-Covering at E 2-080575, 2-080789, 2-081239 BUILDER Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG, ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING, CUSTOMER LOCATION: Waterloo, Iowa PRWIECT. Fischels West Parker Building DRAWING SCALE NTS BUILDER'S POW • Butler Manufacturing VFW VERSION ADVNXT 5.7 DATE 2/6/2023 DRAWN/GRE7 PAGE NV130, NV135, NV130, NV135, NV130, NV135, NV130, NV135, NV143, NV143, NV143, NV143, NV664, WCB082, NV664, WCB082, NV664, WCB082, NV664, WCB082, WCB083, WCB083, WCB083, WCB083, WCB085, WCB086, WCB085, WCB086, WCB085, WCB086, WCB085, WCB086, WSR065 WSR065 WSR065 WSR065 2.20.23 Page 378 of 435 Prepared by Christopher S. Wendland, P.O. Box 596. Waterloo, IA 50704 Phone (319) 234-5701 DEVELOPMENT AGREEMENT — Phased Development This Development Agreement (the "Agreement") is entered into as of , 2023 by and between 3 Stooges, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the East Waterloo Unified Urban Renewal and Redevelopment Plan Area (the "Urban Renewal Area"), pursuant to the East Waterloo Unified Urban Renewal and Redevelopment Plan (the "Urban Renewal Plan"). B. Company is willing and able to finance and erect structures and related improvements on property located in the Urban Renewal Area, and legally described on Exhibit "A" attached hereto (the "Property"). C. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. 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 in its as -is condition for the sum of $1.00 (the "Purchase Price"). Page 379 of 435 Conveyance shall be by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) general utility and right-of-way easements serving the Property; and (c) restrictions imposed by the City zoning ordinances and other applicable law. City makes no representation or warranty as to the condition of the Property or its suitability for Company's purposes. Company is responsible to conduct its own due diligence and inspections. 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 Phase 1 Improvements (defined below), which may take the form of a lending commitment letter. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement without further obligation and return the abstract of title to City. 2. Development Phasing. The parties contemplate that Company may develop the Property in phases, each of which is generally described as follows, although more detailed plans for each phase will be developed at one or more future dates: A. Phase 1. One commercial warehouse facility of approximately 50,000 square feet. B. Phase 2. An addition to or expansion of the Phase 1 Improvements of no less than 9,000 square feet. Company shall construct on the Property the improvements described above, and related landscaping, storm water, paving, signage and parking improvements (collectively, the "Improvements"). The Improvements relating to each separate phase are referred to as the "Phase 1 Improvements" and "Phase 2 Improvements," as applicable. Company agrees that the Improvements shall be constructed in accordance with the terms of this Agreement, the Urban Renewal Plan, and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. For each phase, City may require that Company submit specific building designs and site plans for City review and approval. 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 make any of the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". Improvements completed within the schedule established by Section 4 2 Page 380 of 435 below will be eligible for the benefits provided for in this Agreement, and any phase of the Improvements not completed within the prescribed period will not be eligible for said benefits. 3. Construction Plans. Company agrees that it will cause the Improvements to be constructed on the Property in conformance with construction plans (the "Plans") that have been submitted to the City. Company agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of such improvements as detailed and outlined in the Plans. If any material modification in the scope, scale or nature of the Plans is proposed, Company shall submit modified Plans (the "Modified Plans") to the City for review. Modified Plans shall be subject to approval by the City as provided in this Section. City shall approve the modified Plans in writing if: (a) the Modified Plans conform to the terms and conditions of this Agreement; (b) the Modified Plans conform to the terms and conditions of the urban renewal plan; (c) the Modified Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (d) the Modified Plans are adequate for purposes of this Agreement to provide for the construction of the Improvements, and (e) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Plans or Modified Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Plans or Modified Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The Plans or Modified Plans must be rejected in writing by City within thirty (30) days of submission or shall be deemed to have been approved by the. City. If City rejects the Plans or Modified Plans in whole or in part, Company shall submit new or corrected Plans or Modified Plans within thirty (30) days after receipt by Company of written notification of the rejection, accomplished by a written statement of the City specifying the respects in which Company's Plans or Modified Plans fail to conform to the requirements of this Section. The provisions of this Section relating to approval, rejection and resubmission of corrected Plans or Modified Plans shall continue to apply until they have been approved by the City; provided, however, that in any event Company shall submit Plans or Modified Plans which are approved by City prior to commencement of construction of additional or modified Improvements. Approval of the Plans or Modified Plans by the City shall not relieve Company of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Plans or Modified Plans by City be deemed to constitute a waiver of any Event of Default. Approval of Plans or Modified Plans hereunder is solely for purposes of this Agreement and shall not constitute approval for any other City purpose nor subject the City to any liability for the Improvements as constructed. 3 Page 381 of 435 4. Timeliness of Conveyance and Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property to Company and that without said commitment City would not do so. A. Deadlines to commence and complete. Company must obtain a building permit and begin construction of the Phase 1 Improvements within four (4) months after the date of conveyance (the "Phase 1 Start Date") and Substantially Complete construction within fourteen (14) months thereafter (the "Phase 1 Completion Deadline"). Company must Substantially Complete construction of Phase 2 Improvements within five (5) years from the date of this Agreement (the "Phase 2 Completion Deadline"). For purposes of this Agreement, "Substantially Completed" means the date on which the phase Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and the City has verified that any Project element for which no permit was necessary has been Substantially Completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. The City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of any phase of the Improvements. Any additional or longer time extensions will require consent of the City Council. B. Events triggering termination and/or reverter of title. If Company does not begin or Substantially Complete construction of each phase of the Improvements on the schedule(s) stated above, subject to Unavoidable Delays, then City may terminate this Agreement as set forth in Section 19, and City shall then have no further obligation to Company under this Agreement. If development has commenced within the required period, as the same may be extended, and is subsequently stopped 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 an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. If City terminates this Agreement as provided in Section 19, City shall have no further obligations to Company under this Agreement, including but not limited to any legal or equitable obligation to reimburse Company for any costs expended by Company with respect to the Project or to compensate Company for any value added to the Property by any Improvements. In connection with termination of the Agreement as set forth herein, City may demand reconveyance of the Property in addition to exercising any other available remedies. 5. Reverter of Title; Indemnity. In the event of any reverter of title pursuant to Section 4, then 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, free and clear of any lien, claim, charge, security interest, 4 Page 382 of 435 mortgage or encumbrance (collectively, "Liens") arising by or through Company. Concurrently with delivery of the deed, Company shall also deliver to City the abstract of title. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney -in -fact, the special warranty deed or other documents required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney -in -fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 6. No Encumbrances; Limited Exception. Until the Improvements are Substantially Completed, 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. Any other mortgage shall be void. 7. Utilities. Company will be responsible for extending, at its own expense, water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. 8. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "B" it will not seek or cause a reduction in the valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $1,800,000.00 (the "Phase I Minimum Actual Value"), through: (i) willful destruction of the Property, the Phase 1 Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or 5 Page 383 of 435 (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 execute and deliver the MAA concurrently with execution and delivery of this Agreement. In connection with construction of Phase 2 Improvements, the parties will execute and record an amendment to the MAA for the purpose of increasing the Minimum Actual Value of the Property to an amount that reflects the value added by the additional phase of Improvements. 9. Tax Rebates. Provided that Company has completed Phase 1 Improvements before the Completion Deadline thereof, and that Company has executed an MAA as set forth in Section 8 above, City agrees to rebate property tax (with the exceptions noted below) with respect to Phase 1 Improvements, as follows: Year One through Year Five 50°/o rebate each year for any assessed value added by the completed Phase 1 Improvements (each such payment is a "Rebate"). If Phase 2 Improvements are completed as required by this Agreement and any amendment hereto or to the MAA, then a similar Rebate schedule will apply for such phase of Improvements on the same terms as provided in this Agreement. Each Rebate is payable in respect of a given property tax fiscal year (a "Fiscal Year") only to the extent that (a) Company has actually paid general property taxes due and owing for such Fiscal Year and (b) the city council has made an appropriation for the payment of the Rebate. To receive a Rebate for a given Fiscal Year, Company must, within twelve (12) months after the due date of the last installment of the property taxes for the respective Fiscal Year (i.e., the "March Installment"), submit a completed Rebate request to City on the form provided by or otherwise satisfactory to City. A failure to timely submit a request for a Rebate for a Fiscal Year will result in a forfeiture of the right to request a Rebate for such Fiscal Year. City agrees to consider a completed application for a Rebate within sixty (60) days after submission of the application to City. The assessed value of the Property as a result of the Improvements constructed thereon must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. Rebates shall not be paid based on any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first Fiscal Year in respect of which a Rebate may be given ("Year One") shall be the first full Fiscal Year for which the assessment is based upon the completed value of the applicable phase Improvements and not based on a prior Fiscal Year for which the assessment is based solely upon (x) the value of the Property, or upon (y) the value of the Property and a partial value of the Improvements due to partial completion of such Improvements or a partial Fiscal Year. As an example of the above provision, in the event Phase 1 Improvements on the Property are completed prior to January 1, 2025 and the Property and 6 Page 384 of 435 Improvements are assessed as fully completed based on the Plans, as may be revised, the property taxes that would be assessed based on the January 1, 2025 assessed value would be for the Fiscal Year ending June 30, 2027, with the taxes payable one- half by September 30, 2026 and one-half by March 31, 2027, then the first Rebate could be applied for after March 31, 2027 and prior to April 1, 2028. 10. Limitations on Payment of Rebates. A. Each payment of a Rebate is subject to annual appropriation by the city council each fiscal year. City has no obligation to make any payments to Company as contemplated under this Agreement until the city council annually appropriates the funds necessary to make such payments. The right of non - appropriation reserved to City in this paragraph is intended by the parties, and shall be construed at all times, so as to ensure that City's obligation to make future payments of Rebates shall not constitute a legal indebtedness of City within the meaning of any applicable constitutional or statutory debt limitation prior to the adoption of a budget which appropriates funds for the payment of that installment or amount. In the event that any of the provisions of this Agreement are determined by a court of competent jurisdiction or by City's bond counsel to create, or result in the creation of, such a legal indebtedness of City, the enforcement of the said provision shall be suspended, and the Agreement shall at all times be construed and applied in such a manner as will preserve the foregoing intent of the parties, and no Event of Default by City shall be deemed to have occurred as a result thereof. If any provision of this Agreement or the application thereof to any circumstance is so suspended, the suspension shall not affect other provisions of this Agreement which can be given effect without the suspended provision. To this end the provisions of this Agreement are severable. B. Notwithstanding the provisions of Section 9 hereof, City shall have no obligation to make a payment of a Rebate to Company if at any time during the term hereof City fails to appropriate funds for payment; City receives an opinion from its legal counsel to the effect that the use of Tax Increments resulting from the Property and Improvements to fund a Rebate payment to Company, as contemplated under Section 9 above, is not, based on a change in applicable law or its interpretation since the date of this Agreement, authorized or otherwise an appropriate urban renewal activity permitted to be undertaken by City under the Urban Renewal Act or other applicable provisions of the Code, as then constituted or under controlling decision of any Iowa court having jurisdiction over the subject matter hereof; or City's ability to collect Tax Increment from the Improvements and Property is precluded or terminated by legislative changes to Iowa Code Chapter 403. Upon occurrence of any of the foregoing circum- stances, City shall promptly forward notice of the same to Company. If the circumstances continue for a period during which two (2) annual Rebate payments would otherwise have been paid to Company under the terms of Section 9, then City may terminate this Agreement, without penalty or other liability to City, by written notice to Company. 7 Page 385 of 435 C. For purposes of this Agreement, "Tax Increments" shall mean the property tax revenues on the Improvements and Property received by and made available to City for deposit in an account maintained under this Agreement, the provisions of Iowa Code § 403.19 and the ordinance governing the Urban Renewal Plan. 11. Conditions to City Funding. A. The complete or initial funding by City of the Rebates and other Project commitments shall be deemed an agreement of the parties that the applicable conditions to disbursement of funds shall, as of the date of such funding, have been satisfied or waived. If the conditions set forth in this Section are not satisfied at a Rebate disbursement date, this Agreement shall terminate unless a new disbursement date is established by amendment to this Agreement. The termination of this Agreement shall be the sole remedy available to City or Company if, for whatever reason, a condition set forth in this Section is not satisfied at a Rebate payment date, it being understood that each party shall nonetheless incur costs and liabilities prior thereto for which they alone are responsible. City and Company each expressly assumes all responsibility for the costs and liabilities they may each so incur prior to a Rebate payment date and agree to indemnify and hold each other harmless therefrom. B. It is recognized and agreed that the ability of the City to perform the obligations described in this Agreement, including but not limited to the Rebate payments, is subject to completion and satisfaction of certain separate city council actions and required legal proceedings relating to the creation of a tax increment financing (TIF) district, including the holding of public hearings on the same. Further, all the obligations of City under this Agreement are subject to fulfillment, on or before each Rebate payment date, of each of the following conditions precedent: (i) The representations and warranties made by Company in Section 14 shall be true and correct as of the Rebate disbursement date with the same force and effect as if made at such date. (ii) Company shall be in material compliance with all the terms and provisions of this Agreement. (iii) There has not been, as of the Rebate disbursement date, a substantial change for the worse in the financial resources and ability of Company, or a substantial decrease in the financing commitments secured by Company for construction of the Improvements, which change(s) makes it likely, in the reasonable judgment of the City, that Company will be unable to fulfill its covenants and obligations under this Agreement. 8 Page 386 of 435 12. 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 with respect to each phase of Improvements: A. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until the Improvements are 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. C. During construction of the Improvements and thereafter until the MAA termination date 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. D. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. E. Until termination of the MAA(s), Company will maintain, preserve and keep the Property, 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. F. The Property will have an assessed value as set forth in the applicable MAA and any amendments thereto, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the applicable MAA and any amendments thereto will be a reasonable estimate of the actual value of the Property and phase Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA and any amendments thereto. G. Until termination of the MAA(s), Company agrees that (1) if the completed Improvements are to be Company's primary location for business operations, it will not undertake, in any other municipality in Black Hawk County, 9 Page 387 of 435 the construction or rehabilitation of any commercial property as a primary location for Company's business operations of the type to be conducted on the Property, and (2) it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. H. 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 Property. 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 Property that is determined by any tax official to be applicable to the Property 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 Property. 13. 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. 14. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 10 Page 388 of 435 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 bylaws 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. Assuming due authorization, execution and delivery by the other parties hereto, this Agreement 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. F. 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. 15. 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 Toss or damage to property or any injury to or death of any person occurring at or about the Property arising after Company's lease or acquisition of the same 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 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 any willful misrepresentation, any willful misconduct, 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 or purportedly arises from (1) any violation of any agreement 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) the acquisition and condition of the Property 11 Page 389 of 435 and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property, but only to the extent such liability has not been previously transferred to and accepted by the City in writing. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 16. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 5% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 17. 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. 18. 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, any part of the Property, or this Agreement, without the prior written consent of City; C. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against any of the Property; 12 Page 390 of 435 D. 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; E. 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 any part of the Property. F. 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. 19. 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 City 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 13 Page 391 of 435 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. 20. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 21. 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. 22. 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. 23. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 3510 Kimball Avenue, Suite H, Waterloo, Iowa 50702, Attention: Anthony Fischels. 14 Page 392 of 435 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. 24. 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. 25. 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. 26. 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. 27. 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. 28. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 15 Page 393 of 435 29. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 30. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 31. 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. 32 Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA 3 STOOGES, LLC By: By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk Anthony Managin* ember PERSONAL GUARANTY. The undersigned members and/or managers of Company hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein, if any. Liability of guarantors hereunder is joint and several. Anthony isc 16 Page 394 of 435 EXHIBIT "A" Legal Description of Property Lots 1 and 2, Waterloo Air and Rail Park 1St Addition, except the south 145.15 feet, City of Waterloo, Black Hawk County, State of Iowa. Page 395 of 435 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2023, by and among the CITY OF WATERLOO, IOWA ("City"), 3 STOOGES, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property (the "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 within the City and within the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, including the construction of certain improvements as described in the Development Agreement (the "Minimum Improvements") on the Property (the "Project"); and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the Property and the Minimum Improvements to be constructed thereon by Company pursuant to the Development Agreement, 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 Minimum 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 Minimum Improvements by Company, the minimum actual taxable value which shall be fixed for assessment purposes for the Property and Minimum Improvements to be constructed thereon by Company as a part of the Project shall not be less than $1,800,000.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Minimum Improvements will be substantially completed by the date set forth in the Development Agreement, and in any case if the Minimum Improvements are not substantially completed by December 31, 2024 the parties agree to execute an amendment to this Agreement that will extend the date specified in Section 2 below. Page 396 of 435 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, 2034. The Minimum Actual Value shall be maintained during such period regardless of: (a) any failure to complete the Minimum Improvements; (b) destruction of all or any portion of the Minimum Improvements; (c) diminution in value of the Property or the Minimum Improvements; or (d) any other circumstance, whether known or unknown and whether now existing or hereafter occurring. 3. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to all and any parts of the Property and the Minimum Improvements pursuant to the provisions of this Agreement and the Development Agreement. Such tax payments shall be made without regard to any loss, complete or partial, to the Property or the Minimum Improvements, any interruption in, or discontinuance of, the use, occupancy, ownership or operation of the Property or the Minimum Improvements by Company or any other matter or thing which for any reason interferes with, prevents or renders burdensome the use or occupancy of the Property or the Minimum Improvements. 4. Company agrees that its obligation to make the tax payments required hereby, to pay the other sums provided for herein, and to perform and observe its other agreements contained in this Agreement shall be absolute and unconditional obligations of Company (not limited to the statutory remedies for unpaid taxes) and that Company shall not be entitled to any abatement or diminution thereof, or set off therefrom, nor to any early termination of this Agreement for any reason whatsoever. 5. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, 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 Minimum Improvements in excess of the Minimum Actual Value. 6. Company agrees that during the term of this Agreement it will not: (a) seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute relating to the taxation of property contained as a part of the Property or the Minimum Improvements determined by any tax official to be applicable to the Property or the Minimum Improvements, or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; or (b) 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, including improvements and fixtures thereon, contained in the Property or the Minimum Improvements; or 2 Page 397 of 435 (c) request the Assessor to reduce the Minimum Actual Value; or (d) appeal to the board of review of the city, county, state or to the Director of Revenue of the State of Iowa to reduce the Minimum Actual Value; or (e) cause a reduction in the actual value or the Minimum Actual Value through any other proceedings. 7. 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. 8. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 9. 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. 10. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 3 Page 398 of 435 CITY OF WATERLOO, IOWA 3 STOOGES, LLC By: Quentin Hart, Mayor By: Kelley Felchle, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK schels, Mane On this day of , 2023, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed 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 4 Page 399 of 435 STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on Maya) j , 2023 by Anthony Fischels as Managing Member of 3 Stooges, LLC. f AA /Y, Nota Public rY MELISSA YOIJNGBLUT COMMISSION NO. 747753 MY COMMISSION EXPIRES JULY 6, 2025 5 Page 400 of 435 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the Minimum Improvements to be constructed and the market value assigned to the land upon which the Minimum 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 described in the foregoing Minimum Assessment Agreement, certifies that the actual value assigned to that land and improvements upon completion shall not be less than One Million Eight Hundred Thousand and 00/100 Dollars ($1,800,000.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. Assessor for Black Hawk County, Iowa Date STATE OF IOWA COUNTY OF BLACK HAWK Subscribed and sworn to before me on , 2023 by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 401 of 435 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Waste Management Department AGENDA ITEM TITLE MEETING DATE 2023 Final Clarifier No. 3 Rehabilitation Project, Contract No. 1067. RECOMMENDED COUNCIL ACTION July 17, 2023 SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. WRH, Inc. Certificate of Liability Insurance 2. WRH, Inc. Performance Bond Page 402 of 435 WRHINCO-01 PWILLIAMS '4cL Ro CERTIFICATE OF LIABILITY INSURANCE �� DATD/YYYY) 7/14/214/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Relion Insurance Solutions 24 Westside Iowa City, IA 52246 CONTACT NAME: PHONE FAX (A/c, No, Ext): (319) 887-3700 (A/C, No): (319) 887-3701 ADDRESS: info@relion-ins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: United Fire & Casualty Company 13021 INSURED WRH Inc. PO Box 256 Amana, IA 52203 INSURER B : Lafayette Insurance Company 18295 INSURER C : Evanston Insurance Company INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR W VD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 60505980 7/1/2023 7/1/2024 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGETORENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE X LIMIT APPLIES PECOT- X PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 EBLI $ 1,000,000 A AUTOMOBILE X X LIABILITY ANY AUTO OWNED X SCHEDULED AUTOS AUUTOS ONLY 60505980 7/1/2023 7/1/2024 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY a E accident) DAMAGE $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 60505980 7/1/2023 7/1/2024 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED X RETENTION $ 0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N / A 30304219 7/1/2023 7/1/2024 X PER STATUTE OTH- ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 C A Pollution Excess over UFG UM MKLV7ENV104676 60505980 7/1/2023 7/1/2023 7/1/2024 7/1/2024 occurrence Per Occurrence 2,000,000 7,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional Named Insureds: Double R Crane, Inc; aka Wendler Construction & Engineering Inc; dba Wendler Construction Inc Travelers Excess Liability provides $7mil excess limits over United Fire $5mil Umbrella. Cyber Liability: At-Bay/Trisura eff 9/01/2023 - 9/01/2024 Policy #ATB-6747063-02: $1,000,000 limit SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION Cityof Waterloo 715 Mulberry St. Waterloo, IA 50703 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 403 of 435 AGENCY CUSTOMER ID: WRHINCO-01 LOC #: 1 PWILLIAMS AFRO ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Relion Insurance Solutions POLICY NUMBER SEE PAGE 1 CARRIER SEE PAGE 1 ADDITIONAL REMARKS NAIC CODE SEE P 1 NAMED INSURED WRH Inc. PO Box 256 Amana, IA 52203 Iowa EFFECTIVE DATE: SEE PAGE 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: Inland Marine: Travelers Insurance Company eff 7/1/2023 - 7/1/2024 Policy #66J743405. Equipment Floater Max limit (total scheduled, unscheduled, leased/rented): $13,678,372 Unscheduled Equipment: Limit per item $500,000, Deductible: $2,500 Leased/Rented Equipment: Limit per item $750,000, Deductible: $2,500 Special Causes of Loss including Earth Movement & Flood Builders Risk: (Reporting form) New Frame or Joisted Masonry Limit $5,000,000 New Non-combustible, Masonry Non-combustible, Modified Fire Resistive/Fire Resistive Limit: Earth Movement Sublimit: $5,000,000 / Earth Movement Deductible: $50,000 Flood Sublimit: $1,000,000 (Unshaded X: $5,000,000) / Flood Deductible: $500,000 Special Causes of Loss; Deductible: $5,000 Rigger's Liability: $500,000, Deductible: $5,000 Project: F.Y. 2023 WASTEWATER TREATMENT PLANT FINAL CLARIFIER NO. 3 REHABILITATION CITY CONTRACT NO. 1067 $20,000,000 If required by written contract, the City of Waterloo and consultant are included as an Additional Insured on the General Liability and Auto Liability. A Third Party 30 day Notice of Cancellation has been endorsed.; ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 404 of 435 Bond No. 100120893 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, WRH, Inc. of Amana, IA (the "Principal"), and Merchants Bonding Company (Mutual) of Des Moines, IA (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Eight Hundred Forty Two Thousand and 00/100 Dollars ($ $842,000.00 ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about for the purpose of F.Y. 2023 Wastewater Treatment Plant Final Clarifier No. 3 Rehabilitation, City Contract No. 1067. The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" - means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. PERFORMANCE BOND Section PFB-1 4463.016/City Contract No. 1067 Page 405 of 435 4i4 13[144 N14gJL'1 If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNES _WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of PRINCIPAL SURETY WRH, Inc. Merchants Bonding Company (Mutual) Name Name By: By: Sara Huston, Attorney -in -Fact Title: Title: [attach Power of Attorney] NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. END OF SECTION PERFORMANCE BOND Section PFB-2 4463.016/City Contract No. 1067 oS;Y.4QoyA. O: OPP�A4. 9Z: : tr_0- 0:3 1933 ? Y Page 406 of 435 Bond No. 100120893 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that WRH, Inc. (Name of Contractor) P. O. Box 256, Amana, IA 52203 (Address of Contractor) a Corporation , hereinafter called Principal, (Corporation, Partnership or Individual) and, Merchants Bonding Company (Mutual) (Name of Surety) P.O. Box 14498, Des Moines, IA 50306-3498 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo (Name of Owner) 715 Mulberry Street, Waterloo, IA 50703 (Address of Owner) hereinafter called OWNER, in the penal sum of * Dollars, ($ $842,000.00 ) * Eight Hundred Forty Two Thousand and 00/100 in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of 2023 , a copy of which is hereto attached and made a part hereof for the construction of: F.Y. 2023 Wastewater Treatment Plant Final Clarifier No. 3 Rehabilitation City of Waterloo, IA City Contract No. 1067 PAYMENT BOND Section PB-1 4463.016/City Contract No. 1067 Page 407 of 435 NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in four(4) counterparts, each one of (number) which shall be deemed an original, this the day of 2023 ATTEST: WRH, Inc. Principal (Principal) Secretary (SEAL) Witness as to Principal P. O. Box 256, Amana, IA 52203 By &4" fSgvcgt WI4 R P. O. Box 256 (s) (Address) Amana, IA 52203 (Address) Merchants Bonding Company (Mutual) Surety PAYMENT BOND Section PB-2 4463.016/City Contract No. 1067 Page 408 of 435 ATTEST: By C�� I Witness as to ( xJ urety Cindy Bennett Sara Hus4on-'Attorney-lnn-Fa Holmes, Murphy and Associates LLC (Address) 2727 Grand Prairie Parkway Waukee, IA 50263 2727 Grand Prairie Parkway Waukee, IA 50263 (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. END OF SECTION PAYMENT BOND Section PB-3 4463.016/City Contract No. 1067 Page 409 of 435 MERCHANT�� BONDING COMPANY., POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Anne Crowner, Ben Williams; Brian M Deimerly; Cameron M Burt; Cindy Bennett Craig E Hansen; D Gregory S titts; Dione R Young; Donald E Appleby; Douglas Muth; Ginger Hoke; Grace Rasmussen; Greg Kder, J ames A Holter; J ay D Freiermuth; J ennifer Marino; J essica J can R ini; J essie Allen; J oe Tiernan; J ohn Cord; Kate Zanders; Mark R DeWitt; Mark Sweigart; Michelle R Gruis; Sara Huston; Sarah C Brown; Seth D Rooker; Stacy Venn; Tim McCulloh; Todd Bengford; W R Withrow their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenti ng to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 24th day of J anuary , 2023 •?FpR'y'0O i e-O- O..t Z. v : 2003 : •c� . :••d4•• ate'.•: STATE OF IOWA ••�'•. Y �,.. COUNTY OF DALLAS ss. ..""..... On this 24th day of •••_••• ...0. • \NG • C04•. • :r▪ ��;2 -o- o• • •z; .3• : ti• 1933 .• c: By • -'/. ••J6. it `44 • MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY 7"-rt, J anuary 2023 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. k''^t Kim Lee z _. CCommission Number 702737 My Commission ExOres April 14, 2024 kJ Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of 2023 . 'tO NAB 0\N o4 • 6,oS Rq.•0•; • 4:v0 A'�ayc _` 2003 :,G) % %' 1933 'c V • �. Y• ••k•' Secretary POA 0018 (10/22) Page 410 of 435 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE July 17, 2023 AGENDA ITEM TITLE Resolution approving a Real Estate Purchase Agreement and approving deed to donate real property to the City of Waterloo, to re -acquire property from Ascension Lutheran Church that was previously sold by the City of Waterloo, in the amount of $0.00, located at 2211 Maynard Avenue, and authorizing the Mayor and City Clerk to execute said purchase agreement. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request to approve the donation of land to the City of Waterloo from Ascension Lutheran Church, located at 2211 Maynard Avenue. The City sold the land to the church in January of 2021 for a storm water basin project, but the church would like to deed the land back to the city at no cost. The church had concerns about liabilities and maintenance of the pond and the City already mows and maintains a larger basin that was created by this project north of North Star Communities. The City would receive the land back through a warranty deed, which warrants that the grantor (church) has good title free and clear of all liens and encoumbrances and will defend the grantee (city) against all claims. NEIGHBORHOOD IMPACT This drainage project has had a very positive impact on storm water in the area and is working as planned. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A Page 411 of 435 ALTERNATIVE ACTION LEGAL DESCRIPTION Parcel "M", Southwest Quarter, Section 21, Township 89 North, Range 13 West of the 5th PM, City of Waterloo, Black Hawk County, Iowa A survey of Parcel "M" of the Southwest Quarter (SW 1/4), Section 21, Township 89 North (T89N), Range 13 West (R13W) of the 5th Principal Meridian (5th PM), City of Waterloo, Black Hawk County, State of Iowa, and being more particularly described as follows: Beginning at the southwest corner of Tract "A" in H. Ray Hughes Addition, being a found 1/2" rebar with orange plastic cap and license number 23212; thence South 89°01 '55" West 100. 00 feet along the north line of Tract "A" per Plat of Survey recorded in the Office of the Black Hawk County Recorder at Miscellaneous Book 257, page 787 to the southwest corner of the east 100 feet of the north 490 feet of the west one-half of the Southwest Quarter of Section 21, per Plat of Survey recorded in the Office of the Black Hawk County Recorder at Miscellaneous Book 309, page 724; thence continuing South 89°01 '55" West 247. 79 feet along the said north line of Tract "A" per Plat of Survey recorded in the Office of the Black Hawk County Recorder at Miscellaneous Book 257, page 787 to the easterly most line of the tract shown and described in a Warranty Deed recorded in the Office of the Black Hawk County Recorder as document number 2021-24752; thence North 00°59'29" West 35.22 feet along the easterly most line of the aforesaid tract to the northeasterly most corner of said tract; thence North 89°53'32" East 247.82 feet to the west line of the east 100 feet of the north 490 feet of the west one-half of the Southwest Quarter of Section 21, per Plat of Survey recorded in the Office of the Black Hawk County Recorder at Miscellaneous Book 309, page 724; thence continuing North 89°53'32" East 100.01 feet to the west line of Tract "A" in H. Ray Hughes Addition; thence South 00°59'33" East 30.00 feet along the west line of Tract "A" in H. Ray Hughes addition to the point of beginning containing 11,341 square feet (0.26 acres). ATTACHMENTS 1. Purchase Agreement 2. Parcel M Plat of Survey 3. Map Showing Area being Deed Back Page 412 of 435 Preparer Information: Steven D. Moore, 415 Clay St., P.O. Box 627, Cedar Falls, IA 50613, (319) 277- 6830 REAL ESTATE PURCHASE AGREEMENT (NONRESIDENTIAL) TO: Ascension Lutheran Church of Waterloo, Iowa ("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, legally described as Parcel "M" of Plat of Survey Doc. #2023-00013524, filed April 7, 2023, a copy of which plat of survey is attached hereto; together with any easements and appurtenant servient estates, but subject to any restrictive covenants, ordinances and limited access provisions of record, if any, and subject to existing easements of record, and subject to easements not of record if any, herein referred to as the "Property," upon the following terms and conditions: 1. PURCHASE PRICE. The Purchase Price shall be $0.00, that is, the Property shall be donated to Buyer by Seller. 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 60 days after approval of this Agreement by the Waterloo City Council, subject to prior satisfaction or waiver 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 Page 413 of 435 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. b. FIXTURES. , are speei ically adapted to or are a part of the real estate, whether attached or detach items shall not be included: 7. CONDITION OF PROPERTY. The Property as of the date of this Agreement, including 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. 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. Buyer, at its expense, shall obtain either an abstract of title to the Property continued through a date that is within 30 days of the closing, or a title search of the Property, whichever it chooses, 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 10 days' written notice to the other party. The abstract, or the title search, as applicable, 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 Seller or its assignees. 9. SURVEY. Buyer shall, at Buyer's expense, have the Property surveyed and certified by a licensed land surveyor, and shall have the survey recorded at its expense prior to closing. 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 2 Page 414 of 435 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: none C. As provided in Section 7, 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 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 $500 to remove any hazardous materials, substances, conditions or wastes, Seller shall have the option to cancel this transaction 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, an Seller, then the proceeds of this sale, and any continuing or recaptured rights of Seller in the Prop , in common; ands due Seller under this contra consistent with Paragraph 15. 13, JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a title holder immediately preceding aeeep , dower, homestead -a Iowa and agrees to execute the -deed or real estate contract-fof-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. 16. 1031 EXCHANGE. The parties acknowledge that Seller may desire to structure a 1031 tax deferred exchange in connection with the proposed transaction. Buyer agrees to cooperate, at 3 Page 415 of 435 no cost to Buyer, with any reaso documentation requested by the exchange agent, to facilitate an exchange. 17. APPROVAL OF COURT. If the Property is an asset of any estate, trust, conservatorship, or receivership, this Agreement shall be subject to court approval, unless declared unnecessary by Buyer's attorney. If necessary, the appropriate fiduciary shall proceed promptly to a hearing for court approval. In that event a court officer's deed shall be used to convey title. 18. REMEDIES OF THE PARTIES. Buyer and Seller are also entitled to utilize any and all remedies or actions at law or in equity available to them, and the prevailing party 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: Ascension Lutheran Church 2211 Maynard Avenue Waterloo, IA 50701 Attn: Dean Boyce 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. A. Special contingency to effectiveness of Agreement. Notwithstanding any signatures below by representatives of Buyer or Seller, this Agreement is expressly subject to approval by the city council of Buyer and to approval by the voting members of Seller's congregation. B. The deed to the Property shall include a condition that ownership of the Property will revert to Seller if the Property ceases to be primarily used for storm water drainage and/or detention purposes. 4 Page 416 of 435 C. Buyer agrees that the grade of the Property up to and including the grade at the North property line of the Property shall not be changed in the future, without the express prior written consent of Seller. D. Buyer will place and maintain signs at the north property line of the Property to identify the Property as property of the City of Waterloo, at Buyer's sole cost and expense. E. The Property is subject to Drainage Easement #1, consisting of 6,955 square feet in area, as described in Exhibit "A" to that certain Easement Agreement filed on May 24, 2021, in Doc. #2021-00024753. The Property may be subject to Sewer Easement #2, consisting of 5,025 square feet in area, described in Exhibit "B" to Easement Agreement filed on May 24, 2021, in Doc. #2021-00024753. F. Seller and Buyer mutually acknowledge and agree that Sections 22-B. through 22-I., inclusive, of the Real Estate Purchase Agreement dated January 19, 2021, and recorded March 4, 2021, in Doc. #2021-00018454, contain provisions that inure to the benefit of, and are binding upon, Buyer and Seller, and Seller and Buyer further acknowledge and agree that nothing contained in this Agreement shall modify, or in any other way affect the validity of, any of the provisions of Sections 22-B. through 22-I,, inclusive, of the Real Estate Purchase Agreement dated January 19, 2021, except as expressly provided for in this Agreement. G. The provisions of this Section 22 shall not merge into the deed delivered at closing, but shall survive the closing. This Purchase Agreement shall be filed with the Black Hawk County Recorder in order to place the provisions of this Section 22 of record. 23. ENTIRE AGREEMENT. This Agreement, consisting of six (6) pages, including all attachments, 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. Upon approval by Seller's congregation, and upon approval by Buyer's city council, this Agreement shall become a binding contract. Dated BUYER City of Waterloo, Iowa , 2023 Accepted by Seller , 2023 SELLER Ascension Lutheran Church By: By: Mayor Dean Boyce, President 5 Page 417 of 435 Attest: By: City Clerk Kathy Gleason, Secretary STATE OF IOWA, COUNTY OF BLACK HAWK, ss: This record was acknowledged before me on the day of 2023, by Quentin Hart, Mayor, and Kelley Felchle, City Clerk, of the City of Waterloo, Iowa. Notary Public in and for the State of Iowa STATE OF IOWA, COUNTY OF BLACK HAWK, ss: This record was acknowledged before me on the day of 2023, by Dean Boyce, President, and Kathy Gleason, Secretary, of Ascension Lutheran Church of Waterloo, Iowa. Notary Public in and for the State of Iowa 6 Page 418 of 435 Page 1 of 2 Index Legend Location Description: Parcel "M", SW 1/4 Section 21, T89N, R13W City of Waterloo, Iowa Req uestor: Proprietor: Surveyor: Surveyor Company: Noel Anderson, City of Waterloo Ascension Lutheran Church William W. Castle City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, IA 50703 Return To: 715 Mulberry St, Waterloo, IA 50703 291-4312 i�mn�miimimmmn IMN Doc ID 011924620002 Type GEN Recorded: 04/07/2023 at 11:15:53 AM Fee Amt: $12.00 Page 1 of 2 Black Hawk County Iowa SANDIE L. SMITH RECORDER Fi1e2023-00013524 Plat of Survey Parcel "M", Southwest Quarter, Section 21, Township 89 North, Range 13 West of the 5th PM, City of Waterloo, Black Hawk County, Iowa Legal Description: A survey of Parcel "M" of the Southwest Quarter (SW 1/4), Section 21, Township 89 North (T89N), Range 13 West (R13W) of the 5th Principal Meridian (5th PM), City of Waterloo, Black Hawk County, State of Iowa, and being more particularly described as follows: Beginning at the southwest corner of Tract "A" in H. Ray Hughes Addition, being a found 1/2" rebar with orange plastic cap and license number 23212; thence South 89°01'55" West 100.00 feet along the north line of Tract "A" per Plat of Survey recorded in the Office of the Black Hawk County Recorder at Miscellaneous Book 257, page 787 to the southwest corner of the east 100 feet of the north 490 feet of the west one-half of the Southwest Quarter of Section 21, per Plat of Survey recorded in the Office of the Black Hawk County Recorder at Miscellaneous Book 309, page 724; thence continuing South 89°01'55" West 247.79 feet along the said north line of Tract "A" per Plat of Survey recorded in the Office of the Black Hawk County Recorder at Miscellaneous Book 257, page 787 to the easterly most line of the tract shown and described in a Warranty Deed recorded in the Office of the Black Hawk County Recorder as document number 2021-24752; thence North 00°59'29" West 35.22 feet along the easterly most line of the aforesaid tract to the northeasterly most corner of said tract; thence North 89°53'32" East 247.82 feet to the west line of the east 100 feet of the north 490 feet of the west one-half of the Southwest Quarter of Section 21, per Plat of Survey recorded in the Office of the Black Hawk County Recorder at Miscellaneous Book 309, page 724; thence continuing North 89°53'32" East 100.01 feet to the west line of Tract "A" in H. Ray Hughes Addition; thence South 00°59'33" East 30.00 feet along the west line of Tract "A" in H. Ray Hughes addition to the point of beginning containing 11,341 square feet (0.26 acres). Fop000A< o° °oo p o WILLIAM o N coo W. � a CASTLE a m Otj$° 19715 0" 0 *° ° -a °OpppO° 1OWA William W. Castle, PLS License Number 19715 My License Renewal Date is December 31, 2023. Pages or sheets covered by this seal : 1 i Z L I hereby certify that this surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveypr under he laws of the State of Iowa. •//7�ZOZ3 Date Survey Notes: 1. The Bearings shown on this survey are derived from GPS observations using the Iowa State Plane Coordinate System, North Zone, NAD 83 (2011). 2. All dimensions are in US Survey feet and decimals thereof. 3. Parcel letter "M" assigned by the Black Hawk County Auditor's Plat Room on November 10, 2022. 4. Parcel "M" area: 11,341 square feet (0.26 acres). xia.ao9 CI9.) City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, Iowa 50703 Phone: (319) 291-4312 Fax: (319) 291-4262 Drawn By: WWC Scale: Field Work Date: -- Date Drawn: 10-25-2022 Sheet No. P.gS44 of 4: 5 Page 2 of 2 William W. Castle, PLS City of Waterloo Engineering Department 715 Mulberry St, Waterloo, IA 50703 (319) 291-4312 Plat of Survey Parcel "M", Southwest Quarter, Section 21, Township 89 North, Range 13 West of the 5th PM, City of Waterloo, Black Hawk County, Iowa FD. 1/2" REBAR W/O CAP _ UPTON AVE. - N 0°59' W 60.0' G 60' PUBLIC ROW (N 0°58'51" W 49.93') NORTH LINE WEST 1/2 SW 1/4 NW 1/4 21-89-13 N 89°06'45" E 139.9' G (N 89°04'10" E 139.83') Jf _ - - 'W452.75'E NO°59'WD )°59'33" W 453.01') y ~ H. RAY HUGHES O 0 ADDITION -� UNPLATTED SW 1/4, 21-89-13 UNPLATTED SW 1/4, 21-89-13 MISC. BK. 309, PG. 724 FD. 1/2" REBAR W/YELLOW CAP "RLS 7811" PER MISC. BK. 309. PG. 724 S 89°02' W 27.15' c • (S 89°01'55" W 27.12') S 0°56'45" W 35.2' c N 90°0'0" E 90.1' B aM° (N 89°57'52" E 90.04') (N 0°59'29" W 35.22') CV e - - - - (N 89°53'32" E 347.80') - t = M �, CD m v m 7 z - - � G`r�� �J AQ` % % �Q,Q' � 03 al (247.82') (100.01') • 0°59'33"E) p5 g0 bot,f, 4 s' (31.50') (247.79') OI i (100.00') (S (30.00') • • • D 50.0' B (49.93') UNPLATTED _ - S 89°02' W 347.8' _-_-,/�� POB \ (S 89°01'55" W 347.79') / FD. 1/2" REBAR _ _ - i' ORANG m i, \ S 89°02' W 374.95' - IOWA 32E2CAP m cm - - (S 89°0'1'55" W 374.91') TYPICAL UNLESS NOTED SW 1/4 21-89-13 WARRANTY DEED 2021-24752 w n rr co . PARCEL M CO Zo SW 1/4 21-89-13 0 0 11,341 SF z z FD. 1/2" REBAR 0.26 Acres m ° ., vd• a 0 I.-� vv r; � m ww3� m o=.i o v I.,1/4 W/ORANGE CAP "IOWA 6505" PER DOC. #2014-22278 APPROX. EAST LINE WEST1/2SW1/4NW 21-89-13 0 40 80 z .4- - 2 0 m M r 000 r- E, z z zz TRACT "A" MISC. BK. 257 PG. 787 Plat Legend: Scale: 1 inch = 80 feet 71 P • Found Monument .n v 0 Set 5/8" x 24" Rebar w/Blue Cap "Iowa - 19715" c. ® Cut "X" in concrete, found or set cO o "' ♦ Found section corner monument `" o ro - 0 Set section corner monument rn 0 123.45' Record Measurement - S° #A Per Plat Of Survey Misc. Book 257 Page 787 0 E. #, Per Plat of Survey Doc. #2014-22278 z z • #° Per Warranty Deed Doc. # 2021-24752 #° Per Easement Agreement Doc. #2021-24753 FD. 1" OPEN PIPE W/YELLOW CAP "3862" E Per H. Ray Hughes Addition Plat #F Per Plat of Survey Misc. Book 309, Page 727 #° Per Easement Agreement Doc. #2021-24751 #" Per Plat of Survey Misc. Book 309, Page 724 (123.43') Field Measurement Survey Notes: • 1. The Bearings shown on this survey are derived from GPS observations using the Iowa State Plane Coordinate System, North Zone, NAD 83 (2011). 2. All dimensions are in US Survey feet and decimals thereof. 3. Parcel letter "M" assigned by the Black Hawk County Auditor's Plat Room on November 10, 2022. . 4. Parcel "M" area: 11,341 square feet (0.26 acres). City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, Iowa 50703 Phone: (319) 291-4312 Fax: (319) 291-4262 Drawn By: WWC Scale: 1" = 80' Field Work Date: -- Date Drawn:10-25-2022 Sheet No. Pgfa of 43 Temporary Easement (0.44 Acres) -Haul Road, Staging Area, Grading Permanent Easement (0.02 Acress) -Storm Sewer Connection & Manhole Temporary Easement (0.23 Acres) -Material Stockpile Areas Area being deed back to City. Property Acquisition (1.0 Acres) Permanent Easement (0.42 Acres) -Haul Route, Permanent Access, Staging Area Temporary Easement Permanent Easement Property Acquisition Acres 0.67 0.59 2.2 Upton Ave Property Acquisition (1.2 Acres) __Coachman 100 -.,50 oe Stanley Consultants Legend Temporary Easement n Parcel Boundary Permanent Easement Property Acquisition Upton Avenue Stormwater Improvments - Property Acquisition Map Page 4 21 of 435 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE July 17, 2023 AGENDA ITEM TITLE Resolution approving a Real Estate Purchase Agreement with A -Line Ventures, LC, and approving a deed to sell real property to the City of Waterloo in the amount of $7,000.00, located at 200 East Mullan Avenue, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request to enter into a Real Estate Purchase Agreement A -Line Ventures, LC and approving a deed to sell real property to the City of Waterloo in the amount of $7,000.00, located at 200 East Mullan Avenue, and authorizing the Mayor and City Clerk to execute said purchase agreement. There is a small 600 square foot garage on the property and plans would be to eventually demolish it and open the parcel for new development. It is along the Highway 63 Corridor and has good access to the immediate area, along with other areas of the city. The property will be transferred by the Buyer to the City by warranty deed, free and clear of all liens, restrictions, encumbrances except as provided in the purchase agreement. NEIGHBORHOOD IMPACT Acquiring the 8,025 square foot property and 600 square foot building would not appear to negatively impact the area and this would be additional city land near the riverfront for new development. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Page 422 of 435 ALTERNATIVE ACTION LEGAL DESCRIPTION The Northwesterly 107 feet of Lot No. 10 and the Southwesterly 15 feet of the Northwesterly 107 feet of Lot No. 7, all in Block No. 9 in the Original Plat, on the East Side of the Cedar River, City of Waterloo, Black Hawk County, Iowa. ATTACHMENTS 1. Purchase Agreement 2. Aerial Map 3. Picture 200 E Mullan Ave Page 423 of 435 REAL ESTATE PURCHASE AGREEMENT TO: A -Line Ventures, LC ("Seller") FROM: City of Waterloo, Iowa ("Buyer") Buyer hereby offers to buy, and the Seller by its acceptance agrees to sell, the real property locally known as 200 E. Mullan Avenue, Waterloo, Black Hawk County, Iowa, and identified as parcel 8913-23-477-012, legally described as per the abstract of title; 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 teiiiis and conditions: 1. PURCHASE PRICE. The Purchase Price shall be $7,000.00, due and payable in full at closing. 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 120 days after approval of this Agreement by the Waterloo City Council, on a date mutually agreeable to the parties, subject to prior satisfaction or waiver 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, if any, to the date of closing and shall bear the risk of loss or damage to the Property until 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 IS" and disclaims any representations or warranties, express or implied, with respect to the Property, including without limitation, any warranties of merchantability or fitness for a particular purpose, except for those representations and warranties expressly made by Seller in this Agreement. Buyer hereby releases Seller from any and all liability relating to Property, including without limitation, environmental conditions, except for liabilities arising from Seller's own affairs. Also see Section 10. Page 424 of 435 8. ABSTRACT AND TITLE. Seller shall, at its own expense, obtain an abstract of title to the Property continued through a date that is within 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 10 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 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. Seller shall also provide Buyer with a properly executed groundwater hazard statement if there are any wells, solid waste disposal sites, hazardous wastes, underground storage tanks, private burial sites, or septic tanks located on the Property. Any other exceptions to the warranties set forth above are fully described here or 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, and may have a Phase I environmental assessment completed. Seller shall cooperate in providing reasonable access to Buyer's inspectors and engineers. Seller shall provide to Buyer a copy of any report or information in Seller's possession with respect to environmental assessment, investigation, testing or remediation. If hazardous materials, substances, or wastes are discovered on the Property, Buyer's obligation hereunder shall, unless waived by Buyer, be contingent upon the removal 2 Page 425 of 435 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 $100 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. Notwithstanding the above, asbestos on the premises is not included in Seller's remediation duties as Buyer will remove same at its own expense in connection with demolition. 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'. spouse, if lief title holder immediately dower, homestead, and distributive share or in compliance with Section 561.13 of the Code of t for this purpose. N/A. 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. nt tof,•l•, t oNIA. e'.�'re..,�...�bv ugvu.., .v xuvaia�uw u':i� j' requested by the 17. APPROVAL OF COURT. If the Property is an asset of any estate, trust, conservatorship, or receivership, this Agreement shall be subject to court approval, unless declared unnecessary by Buyer's attorney. If necessary, the appropriate fiduciary shall proceed promptly to a hearing for court approval. In that event a court officer's deed shall be used to convey title. 3 Page 426 of 435 18. REMEDIES OF THE PARTIES. A. If Buyer fails 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. 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: A -Line Ventures, LC 401 Main Street, Ste. 218 Cedar Falls, IA 50613 Attn: Manager 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. 4 Page 427 of 435 A. The parties acknowledge that Buyer is acquiring the Property for economic development purposes. Buyer's rights and duties under this Agreement are assignable to any person or entity that will further the economic development objectives contemplated by Buyer. B. Special contingencies to effectiveness of Agreement. Notwithstanding any signatures below by representatives of Buyer, this Agreement is expressly subject to approval by the city council of Buyer. 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. COUNTERPARTS. This Agreement may be signed in multiple counterparts, each of which, including counterparts signed electronically or signed counterparts transmitted by electronic means, shall be deemed an original and all of which together shall constitute one and the same instrument. 25. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not accepted by Seller on or before , 2023, Buyer may retract this Agreement, and it shall then be null and void. BUYER City of Waterloo, Iowa Accepted by Seller SELLER A -Line Inures By: By: Mayor Manager Attest: City Clerk 5 Page 428 of 435 wAT F,P i 41/4 e o Cit11 of Waterloo, Iowa ii Pdye 429 of 435 Page 430 of 435 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE July 17, 2023 AGENDA ITEM TITLE Resolution approving an Early Access Agreement with C and C Welding, Inc., to allow development activities, including earth moving and construction of a foundation on the city -owned right-of-way, adjacent to 1714 River Street, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is an Early Access Agreement with C and C Welding, Inc, to allow development activities, including earth moving and construction of a foundation on portions of City owned right-of-way that is currently West 16th Street, and authorizing the Mayor and City Clerk to execute said document. C and C Welding, Inc. (C&C) is going to construct a 10,000 square foot addition to their existing building located at 1714 River Street and all of West 16th Street lying northeast of River Street will be vacated and conveyed through a development agreement to C&C. The early access agreement will expire once the land is transferred to the developer. This area has seen a decent amount of development within the past couple of years due to its easy access and central location and the developer is more than doubling the square footage of their operations, which is good infill development and investment in an area where utilities are readily available. NEIGHBORHOOD IMPACT The early access agreement would not negatively impact the area. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Page 431 of 435 ALTERNATIVE ACTION LEGAL DESCRIPTION All of West 16th Street lying between Lot 5, Block 16 and Lot 1, Block 17, Hayes Addition, Waterloo, Black Hawk County, Iowa ATTACHMENTS 1. Early Access Agreement 2. Aerial Map Page 432 of 435 EARLY ACCESS AGREEMENT This Early Access Agreement (the "Agreement") is entered into as of July , 2023, by and between the City of Waterloo, Iowa ("City") and C and C Welding, Inc (the "Company"). WHEREAS, City has ownership of real property known as West 16th Street (Property), which is adjacent to 1714 River Street in the Rath Urban Renewal District; Company desires to construct a 10,000 square foot expansion, and City will vacate, sell and convey the right-of-way through a development agreement. WHEREAS, the parties desire that Company have access to the Property to begin certain activities before the Property is conveyed to Company. NOW, THEREFORE, in consideration of the future transactions contemplated by the parties as described above, and in consideration of the mutual promises exchanged herein, the parties agree as follows: 1. City hereby grants to Company the right to enter upon the Property to begin development activities, including but not limited to survey work, earth moving and construction of building footings and foundation. The term of this Agreement shall be from the date hereof until the date that City delivers a deed to Company for the Property pursuant to a development agreement. Company's right to conduct its activities upon the Property is expressly made subject to prior receipt of applicable zoning, building, and other regulatory approvals. 2. Company shall, at its own expense, procure and maintain comprehensive public liability insurance in the amount of not less than $1,000,000 per occurrence. Such insurance shall cover liability arising from the acts or omissions of Company, its employees, contractors and agents, and shall protect the City, its officers, officials, employees, and agents, against any and all claims, damages, costs or expenses (including but not limited to reasonable attorneys' fees and expenses) arising from or in connection with injury or death to any person or persons, or loss of or damage to property, by reason of any casualty, accident or other occurrence on or about the Property during the term of this Agreement. Certificates or copies of said policies, naming the City as an additional insured, shall be delivered to City before Company, its employees, contractors, or agents, enter upon the Property for any purpose. 3. Company agrees to be responsible for any liability which may arise out of the acts or omissions of Company, its employees, agents and contractors, on or about the Property, and in said connection Company agrees to indemnify and hold harmless City, its officials, officers, employees and agents, from and against any and all claims, demands, actions, causes of action, damages, costs, fines, penalties, and liabilities of any type or nature whatsoever, including but not limited to reasonable attorneys' fees, arising out of said acts or omissions, whether sounding in law or equity, in tort or contract, by statute, or otherwise. The duties of Company under this paragraph shall survive the expiration or termination of this Agreement. 4. If for any reason the contemplated sale and purchase of the Property between the parties is canceled or otherwise does not occur, then at its sole expense Company shall promptly remove from the Property all of its personal property and materials or debris that it has deposited on the Property during the term hereof and restore, as nearly as possible, the condition of the Page 433 of 435 Property to that which existed upon Company's initial entry upon the Property hereunder, except as otherwise permitted by express written consent of City. 5. Notwithstanding this Agreement, the parties agree to work cooperatively in good faith to finalize the terms of a development agreement in respect of the Property as expeditiously as possible. 6. The rights and duties of Company under this Agreement may not be assigned without the prior written consent of City. This Agreement is the entire agreement of the parties concerning the subject matter hereof. It may not be modified or amended without the prior written consent of the parties. This Agreement is binding on the parties and the respective successors and assigns of each. This Agreement may be executed in multiple counterparts, each of which, including signed counterparts transmitted by facsimile or other electronic means, shall be deemed an original and all of which together shall constitute one instrument. IN WITNESS WHEREOF, the parties hereto have executed this Early Access Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA C AND C WELDING, INC. By: By: Quentin M. Hart, Mayor Br anCiz ice President Attest: Kelley Felchle, City Clerk 2 Page 434 of 435 Early Access Agreement - C and C Welding Adjacent to 1714 River Street 16th Street Vacate Vacate C&C Welding